HomeMy WebLinkAboutMINUTES - 08012017 -CALENDAR 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 & MINUTES
August 1, 2017
9:00 A.M. Convene, call to order and opening ceremonies.
Inspirational Thought- "You get the best out of others when you give the best of yourself." ~Harvey Firestone
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.87 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.
DISCUSSION ITEMS
D.1 REVIEW 12 applications for the position of District Attorney and SELECT applicants for further
consideration; CONSIDER adoption of Resolution No. 2017/284 authorizing the County Administrator to
seek and obtain criminal history and other background information pertaining to the finalists for the
District Attorney position, and to request finalists to provide an economic disclosure statement (FPPC
Form 700). (David Twa, County Administrator)
Speakers: Ava Ahern, resident of Lafayette; Jennifer Lorh, resident of Brentwood; Brodie Hilp,
resident of Danville; Guy Swanger, County Chiefs Assciation; Julie Davis, resident of Walnut Creek;
Judith Tannebaum, resident of El Cerrito; Jeff Landin, Contra Costa County Racial Justice Coalition;
Maria Alegria, Democratic Party of Contra Costa; Mercy Garetz, Resident of Hercules; David
Sharples, resident of Richmond; Zuleika Gardinez, Ensuring Opportunity Campaign.
REVIEWED 12 applications for the position of District Attorney and DETERMINED that the
following five finalists would move forward in the process: Contra Costa Judge Diana Becton, Contra Costa
Judge Danielle Douglas, Contra Costa Assistant District Attorney Tom Kensok, Contra Costa Senior Deputy District Attorney
Paul Graves and Santa Clara Supervising Deputy District Attorney Patrick Vanier; ADOPTED Resolution No.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 1
2017/284 authorizing the County Administrator to conduct criminal and other background checks of
finalists to be interviewed, and to request finalists to provide an economic disclosure statement (FPPC
Form 700); and DIRECTED the County Administrator to invite the finalists to participate in a
moderated public forum to be held in the Board of Supervisors Chambers, 6:00 p.m, Tuesday, August
15, 2017. All public documents provided to the Board during this process will also be available to the
public under the Public Records Act. The two applicants who are judges were asked to submit
additional information, through the County Counsel’s Office, as to their qualification for appointment
to the office of District Attorney under California Constitution art. VI § 17.
D. 2 CONSIDER Consent Items previously removed.
There were no items removed from consent for commentary.
D.3 CONSIDER authorizing the County Administrator or designee to execute contract renewals with the
NonPERS Health/Medical Plans, Dental Plan, Vision Insurance, Life Insurance Plan carriers and the
Computer Vision Care Program for the period January 1, 2018 - December 31, 2018. (Ann Elliott, Human
Resources Manager)
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 PUBLIC COMMENT (2 Minutes/Speaker)
Elijah Dominguez, resident of Martinez, spoke on fees charged for use of a Public Defender; Willie Mims, PBPA, East
County NAACP, spoke on records provided to the public being as inclusive as possible and the process for appointing an
interim District Attorney.
D. 5 CONSIDER reports of Board members.
Supervisor Candace Andersen announced that tonight is National Night Out, all are invited to
celebrate. Please contact her office for details.
Closed Session
A. CONFERENCE WITH LABOR NEGOTIATORS
1. Agency Negotiators: David Twa, Richard Bolanos 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.
There were no announcements from Closed Session.
ADJOURN
August 1, 2017 Contra Costa County Board of Supervisors Minutes 2
Adjourned today's meeting at 11:25 a.m.
CONSENT ITEMS
Road and Transportation
C. 1 ADOPT Resolution No. 2017/259 approving and authorizing the Public Works Director, or designee,
to submit a One Bay Area Grant Cycle 2 (OBAG 2) Application to the Contra Costa Transportation
Authority for federal funding under the Local Streets and Roads Preservation (LSRP) Program for the
Contra Costa County Local Streets and Roads Preservation Project for $4,327,000, Byron, El Sobrante and
San Pablo area. (89% Federal Funds under the LSRP Program, 11% Local Road Funds 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. 2 ADOPT Resolution No. 2017/260 approving and authorizing the Public Works Director, or designee,
to submit a One Bay Area Grant Cycle 2 (OBAG 2) application to the Contra Costa Transportation
Authority for federal funding under the Federal-Aid Secondary (FAS) Program for the Kirker Pass Road
Open Grade Overlay Project for $1,343,000, Concord area. (89% OBAG 2/FAS, 11% Local Road Funds
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. 3 ADOPT Traffic Resolution No. 2017/4459 to prohibit stopping, standing or parking at all times on a
portion of Silver Avenue (Road No. 0565K), as recommended by the Public Works Director, North
Richmond 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. 4 ADOPT Traffic Resolution No. 2017/4458 to prohibit stopping, standing or parking at all times on a
portion of North Jade Street (Road No. 0565S), as recommended by the Public Works Director, North
Richmond 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. 5 ADOPT Traffic Resolution No. 2017/4455 to prohibit vehicles over 40 feet in length on Pinehurst
Road (Road No. 2631A), as recommended by the Public Works Director, Canyon 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 CONTINUE the emergency action originally taken by the Board of Supervisors on March 7, 2017,
pursuant to Public Contract Code Sections 22035 and 22050, to repair the Morgan Territory Road Slide
Repair Project, as recommended by the Public Works Director, Clayton area. (100% 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
C. 7 CONTINUE the emergency action originally taken by the Board of Supervisors on February 14, 2017,
August 1, 2017 Contra Costa County Board of Supervisors Minutes 3
C. 7 CONTINUE the emergency action originally taken by the Board of Supervisors on February 14, 2017,
pursuant to Public Contract Code Sections 22035 and 22050, to repair the Alhambra Valley Road Washout
Project, as recommended by the Public Works Director, Pinole area. (100% 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
C. 8 ADOPT Resolution No. 2017/273 accepting as complete the contracted work performed by John Tse
(dba CC & Company), for the Countywide Trash Capture Project, as recommended by the Public Works
Director, Countywide. (100% Storm Water 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. 9 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a construction contract
with Hess Concrete Construction Co., Inc. in the amount of $150,000, for the 2017 On-Call Pipe
Rehabilitation Services Contract(s) for Various Road, Flood Control, and Airport Maintenance Work,
Countywide. (100% 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. 10 ADOPT Resolution No. 2017/269 approving the Stormwater Management Facilities Operation and
Maintenance Agreement for minor subdivision MS12-0007, for a project being developed by Milton John
Marin, Jr., and Sally Ann Marin, as recommended by the Public Works Director, Walnut Creek 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. 11 ADOPT Resolution No. 2017/270 accepting an Offer of Dedication for a Trail Easement for road
agreement RA07-01234, for a project being developed by Shapell Industries, Inc., a Delaware
Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) 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. 12 ADOPT Resolution No. 2017/271 accepting an Offer of Dedication for a Landscape Easement for
subdivision SD16-09301, for a project being developed by Shapell Industries, Inc., a Delware Corporation,
as recommended by the Public Works Director, San Ramon (Dougherty Valley) 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. 13 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Amendment to
August 1, 2017 Contra Costa County Board of Supervisors Minutes 4
C. 13 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Amendment to
the Transportation Service Agreement for Operation of School Bus Route within County Service Area
(CSA) T-1 with the Measure J Traffic Congestion Relief Agency (TRAFFIX), to authorize payment of
TRAFFIX operational and overhead costs to run two school bus routes within CSA T-1, as recommended
by the Public Works Director, Danville area. (100% County Service Area 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. 14 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month
hangar rental agreement with Dianne Cole for a T-hangar at Buchanan Field Airport effective July 15,
2017 in the monthly amount of $394.10 (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
C. 15 ADOPT Resolution No. 2017/278 to vacate and quitclaim a portion of a Grant of Easement in
Drainage Area 128, and take related actions under the California Environmental Quality Act, as
recommended by the Public Works Director, Concord 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
Claims, Collections & Litigation
C. 16 RECEIVE report concerning the final settlement of John Higgins vs. Contra Costa County; and
AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed
$202,435.64. (100% Workers' Compensation Internal Service 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. 17 DENY claims filed by Doris Calhoun, Kathie Doyle, The Keys Condominium Owners Association,
LDI Trucking, Inc., Tuyen Nguyen, Gulshan Noman, Masood Noman, State Farm Ins., a subrogee of Sean
Gabriel Fox, Rita Marie Willis, and John Woolery; and DENY late claim filed by Judith Gailliard.
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
Statutory Actions
C. 18 APPROVE Board meeting minutes for June 2017, as on file with the Office of the Clerk of the Board.
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. 19 ADOPT Resolution No. 2017/266 honoring the 57th annual Contra Costa Championship Swim Meet,
as recommended by Supervisor Andersen.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor
August 1, 2017 Contra Costa County Board of Supervisors Minutes 5
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 ADOPT Resolution No. 2017/282 honoring Sun Valley Shopping Center on their 50th Anniversary,
as recommended 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
Ordinances
C. 21 INTRODUCE Ordinance No. 2017-18, amending Section 52-3.301 of the County Ordinance Code to
provide for a time period within which a cardroom licensee must provide notice to the County of any
changes to its cardroom license, WAIVE reading, and FIX August 8, 2017 for adoption. (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. 22 ADOPT Ordinance Code 2017-19 amending the County Ordinance Code to exclude from the merit
system the new classification of Economic Development Manager-Exempt, as recommended by the Human
Resources 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. 23 ADOPT Ordinance No. 2017-16, which would establish a permit program for specified
non-franchised solid waste haulers, as recommended by the Health Services Director and the Conservation
and Development Director. (100% Permit fees)
CONTINUED to August 15, 2017.
Appointments & Resignations
C. 24 ADOPT Resolution 2017/225 to appoint Supervisor Federal D. Glover as the Board of Supervisors'
representative, and Supervisor John Gioia as the Board's alternate representative, to the Marin Energy
Authority (MCE) Board of Directors, to establish seat terms for the appointments, and to update the Master
List of Board Member appointments for 2017, as recommended by Supervisor Glover.
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 Iris Wong, DECLARE a vacancy in the District IV Seat on the Contra
Costa Commission for Women; and DIRECT the Clerk of the Board to post the vacancy, 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. 26 REAPPOINT Nat Rojanasathira to the District V Representative seat on the Contra Costa County Fire
Protection District's Fire Advisory Commission, as recommended by Supervisor Glover.
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 6
C. 27 APPOINT Chantana Vornvilaipan to the District V Seat on the Contra Costa County In-Home
Supportive Services Public Authority, as recommended by Supervisor Glover.
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. 28 APPOINT Ylan Hunt to Appointed seat 7 on the El Sobrante Municipal Advisory Council, 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. 29 APPOINT James Mellander to the District 1 seat on the Merit Board, 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. 30 APPOINT Dennis Reigle to the District II seat on the Contra Costa County Merit Board, as
recommended by Supervisor Andersen.
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 APPROVE the medical staff appointments and reappointments, additional privileges, advancements,
and voluntary resignations as recommend by the Medical Staff Executive Committee 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
Appropriation Adjustments
C. 32 Sheriff's Office (0255): APPROVE Appropriation and Revenue Adjustment No. 5002 increasing
fiscal year 2016/17 revenue and appropriations in the Sheriff's Office (0255) in the amount of $656,500 for
the to reflect anticipated revenue and expenditures association with the purchase of Livescan equipment.
(100% CAL-ID funds)
CORRECTED to READ: Sheriff's Office (0255): APPROVE Appropriation and Revenue Adjustment
No. 5002 5114 increasing fiscal year 2016/17 revenue and appropriations in the Sheriff's Office (0255)
in the amount of $656,500 for the to reflect anticipated revenue and expenditures association with the
purchase of Livescan equipment. (100% CAL-ID 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. 33 SLESF-Front Line Enforcement-City (0264): APPROVE Appropriations and Revenue Adjustment
No. 5109 increasing fiscal year 2016/17 revenue and appropriations in the Supplemental Law Enforcement
Services Fund (Fund No. 114300) in the amount of $78,505 to reflect anticipated revenue and
expenditures. (100% 2011 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 7
C. 34 Stormwater Utility A-12 Pittsburg (7512): APPROVE fiscal year 2016/17 Appropriation and
Revenue Adjustment No.5105 and AUTHORIZE new revenue in Stormwater Utility A-12 Pittsburg, Fund
251200, for Stormwater Pollution Center fees in the amount of $30,500, as recommended by the Public
Works Director, Countywide.
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 Service Area R-4 Moraga (7751) and Service Area R-10 Rodeo (7770): APPROVE Fiscal Year
2016/17 Appropriation and Revenue Adjustment No. 5104 and AUTHORIZE new revenue in Special
District CSA R-4 Moraga, Fund 275100, for property tax and assessment fees in the amount of $809 and
CSA R-10 Rodeo, Fund 276000, for miscellaneous revenue in the amount of $260,210, as recommended
by the Public Works Director, Countywide.
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. 36 ADOPT Position Adjustment Resolution No. 22084 to add one Account Clerk - Advanced Level
(represented) position and cancel one Accounting Technician (represented) position in the Public Works
Department. (Cost Savings)
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 Position Adjustment Resolution No. 22121 to add one Public Health Program Specialist I
(represented) position, cancel one vacant Clerk – Senior Level (represented) position, and cancel one
vacant Home Economist (represented) position in the Health Services Department. (Cost savings)
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 ADOPT Position Adjustment Resolution No. 22114 to add one EHS Division Manager (represented)
position, one Social Worker Supervisor II (represented) position, six Social Worker II (represented)
positions, two Social Services Program Assistant (represented) positions and one Senior Social Services
Information Systems Analyst (represented) position in the Employment and Human Services Department.
(100% Health Services - Whole Person Care 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. 39 ADOPT Position Adjustment Resolution No. 22122 to add one full-time Medical Staff Coordinator
(represented) position and cancel one vacant Clerk - Experienced Level (represented) position in the Health
Services Department. (100% Third Party revenues)
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 ADOPT Position Adjustment Resolution No. 22123 to increase the hours of one part-time Cook
(represented) position from 24/40 to full-time in the Health Services Department. (Cost neutral)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor
August 1, 2017 Contra Costa County Board of Supervisors Minutes 8
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 ADOPT Position Adjustment Resolution No. 22124 to add one Administrative Aide position
(represented) and cancel one vacant Administrative Analyst position (represented) in the Health Services
Department. (Cost savings)
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 ADOPT Position Adjustment Resolution No. 22117 to add one Human Resources Manager-Exempt
(unrepresented) position and cancel one Employee Benefits Manager-Exempt (unrepresented) in the
Human Resources Department. (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. 43 ADOPT Position Adjustment Resolution No. 22118 to add one Deputy County
Counsel-Standard-Exempt (unrepresented) position and cancel one Deputy County Counsel - Advanced
(unrepresented) vacant position in the Office of the County Counsel. (Cost Savings)
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 ADOPT Position Adjustment Resolution No. 22125 to add one full-time Network Analyst II position
(represented) and cancel one vacant full-time Network Administrator II position (represented) in the Health
Services Department. (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
Grants & Contracts
APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for
receipt of fund and/or services:
C. 45 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with
the California Agricultural Commissioners and Sealers Association to reimburse County an amount up to
$3,186, to provide pesticide use reporting activities for the period July 1, 2017 through December 31,
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. 46 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept
funding in an amount not to exceed $248,000 and execute an agreement containing modified
indemnification language with Contra Costa County Office of Education to provide funding for
professional growth training in the Quality Matters program for the period July 1, 2017 through June 30,
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
C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
August 1, 2017 Contra Costa County Board of Supervisors Minutes 9
C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
the United States Department of Housing and Urban Development to pay County an amount not to exceed
$296,528, for permanent supportive housing, case management and benefits enrollment assistance and
services for the County’s Homeless Destination Home Program, for the period December 1, 2017 through
November 30, 2018. (25% 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. 48 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with the
City of Richmond to permit the County Department of Information Technology to provide radio
communications maintenance services to the Richmond Police Department at the rate of $128 per hour plus
the cost of any materials and equipment, for the period July 1, 2017 through June 30, 2018. (100% City
cost reimbursement)
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 Sheriff-Coroner, designee, to apply for and accept a California
Department of Boating and Waterways Boating and Marine Safety and Operations Training Grant in an
initial amount of $13,750 for the training of marine patrol personnel for period of September 25, 2017 to
the end of the grant funding. (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
APPROVE and AUTHORIZE execution of agreement between the County and the following parties as
noted for the purchase of equipment and/or services:
C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Edward Lau, M.D., in an amount not to exceed $266,240, to provide outpatient psychiatric services for
children in East County, for the period September 1, 2017 through August 31, 2018. (50% Federal
Medi-Cal; 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. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Jee Hyun Guss, M.D., in an amount not to exceed $274,400, to provide outpatient psychiatric services to
adults in Central Contra Costa County, for the period September 1, 2017 through August 31, 2018. (100%
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. 52 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute
five contract amendments: one each with Superior Mechanical Services, Inc., Robert Gurule (dba Water
Heaters Express); and McHale's Environmental Insulation, Inc.; and two with Ambient Air, Inc., to extend
the terms of each from July 31, 2017 through July 31, 2018 and increase the payment limits of each by
$150,000 to provide additional home weatherization services to low income residents in Contra Costa
County through the Department’s Weatherization Program. (100% State and Federal Weatherization
Program funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor
August 1, 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. 53 APPROVE and AUTHORIZE the Animal Services Director, or designee, to execute a contract
amendment with Beverley Penzien, DVM (dba Veterinary Medical Services), effective June 1, 2017 to
increase the payment limit by $40,001 to a new payment limit of $140,000 for continued veterinarian
medical services with no change in the term of September 1, 2016 through August 31, 2017. (37% User
fees, 54% City revenues, 9% County)
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 Conservation and Development Director, or designee, to execute a
contract and related indemnity agreement with the State of California, Employment Development
Department, in an amount not to exceed $4,947 to provide confidential employment and wage data to the
County for the period May 1, 2017 through September 30, 2018. (100% East Bay Leadership Council
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. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Thomas B. Hargrave, M.D., in an amount not to exceed $250,000, for gastroenterology services at Contra
Costa Regional Medical Center and Health Centers, for the period from September 1, 2017 through August
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. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
containing modified indemnification language with Helios Healthcare, LLC, in an amount not to exceed
$473,840, to provide sub-acute skilled nursing care services for seriously ill and neurobehavioral clients,
for the period July 1, 2017 through June 30, 2018. (100% 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. 57 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public
Works Director, a purchase order with W.W. Grainger, Inc., in an amount not to exceed $350,000 to
provide parts, supplies, tools, and equipment for the period of August 1, 2017 through July 31, 2018,
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. 58 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public
Works Director, a purchase order amendment with Walnut Creek Ford to increase the payment limit by
$90,000 to a new payment limit of $185,000, for Ford parts and accessories, with no change to the original
term of January 1, 2017 through December 31, 2017, Countywide. (100% Internal Service Fund-Fleet)
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 Employment and Human Services Director, or designee, to execute
August 1, 2017 Contra Costa County Board of Supervisors Minutes 11
C. 59 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute
a contract containing modified indemnification language with Nulinx International, Inc., in an amount not
to exceed $36,000 for the maintenance of a customized, internet-based server platform for
federally-mandated family and child assessments, for the period May 1, 2017 through April 30, 2018.
(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. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Daniel Forkin, M.D., in an amount not to exceed $145,600, to provide psychiatric care to mentally ill adults
in West Contra Costa County, for the period October 1, 2017 through September 30, 2018. (100% 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 Health Services Director, or designee, to execute a contract with
Arati Pratap, M.D., in an amount not to exceed $477,000 for gastroenterology services at Contra Costa
Regional Medical Center and Health Centers, for the period September 15, 2017 through September 14,
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. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Neil Sachs, M.D., in an amount not to exceed $224,640, to provide outpatient psychiatric services to
patients in West County, for the period October 1, 2017 through September 30, 2018. (100% 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
Anka Behavioral Health, Inc., in an amount not to exceed $990,080, to provide mental health services and
support to adults with serious and persistent mental illness in Central Contra Costa County, for the period
from July 1, 2017 through June 30, 2018, which includes a six-month automatic extension through
December 31, 2018, in an amount not to exceed $495,040. (70% Mental Health Services Act, 30% Federal
Medi-Cal)
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
amendment with PRISM Services Group LLC (dba ClarusHealth Solutions), effective September 1, 2017, to
increase the payment limit by $100,000 to a new payment limit of $210,000, to provide updates and
enhancements with regard to Health Plan’s automated provider network as mandated by the Department of
Health Care Services, with no change in the 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
C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
August 1, 2017 Contra Costa County Board of Supervisors Minutes 12
C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Mountain Valley Child and Family Services, Inc., effective December 1, 2016, to
increase the payment limit by $309,426 to a new payment limit of $1,148,876, to continue providing
additional residential day treatment, mental health and therapeutic behavioral services to Seriously
Emotionally Disturbed adolescents and latency-age children, with no change in the original term of July 1,
2016 through June 30, 2017, and to increase the automatic extension payment limit by $154,713 to a new
payment limit of $574,438, through December 31, 2017. (50% Federal Medi-Cal; 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. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Barbara Swarzenski, M.D., in an amount not to exceed $199,680, to provide outpatient psychiatric services
to children and adolescents at the East County Mental Health Clinic, for the period from September 1,
2017 through August 30, 2018. (50% Federal Medi-Cal; 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. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
East Bay Audiologists, in an amount not to exceed $1,048,000, to provide audiology services at Contra
Costa Regional Medical Center and Health Centers, for the period September 1, 2017 through August 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. 68 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Children’s Hospital & Research Center at Oakland, in an amount not to exceed $13,000,000, to provide
pediatric inpatient and outpatient healthcare services for Contra Costa Health Plan members, for the period
from August 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. 69 APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with Essential
Staffing, Inc., in an amount not to exceed $500,000 to provide workers' compensation staffing services for
the period of July 1, 2017 through June 30, 2018. (100% Workers' Compensation Internal Service 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 to execute, on behalf of the Health Services
Department, a purchase order amendment with US Foods, Inc. to increase the payment limit by $50,000 to
a new total not to exceed $149,000, for food for clients of Discovery House, with no change in the original
term through September 30, 2017. (100% Substance Abuse Prevention Program and Treatment 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. 71 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
August 1, 2017 Contra Costa County Board of Supervisors Minutes 13
C. 71 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
amendment with Burr Pilger Mayer Inc., effective July 31, 2017, to extend the term from August 1, 2017
through June 30, 2018 and increase the payment limit by $31,000 to a new payment limit of $198,580, for
professional accounting services. (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. 72 APPROVE clarification of Board action of July 18, 2017 (Item C.109), which authorized the Health
Services Director to execute a contract with R.E.A.C.H. Project to provide substance use disorder
prevention treatment services to Medi-Cal eligible County residents, to change the payment limit amount
to $185,380, with no change in the term of July 1, 2017 through June 30, 2018. (54% CalWORKS Alcohol
and Other Drugs Services; 46% CalWORKS Mental Health)
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 Med One Capital, Inc. in an amount not to exceed $136,000, to lease the
Flex Lock with Temp Check to secure the medication refrigerators used in the pharmacy at Contra Costa
Regional Medical Center for the period August 1, 2017 through July 31, 2022. (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 Purchasing Agent to execute, on behalf of the Health Services
Department, a purchase order with Groupware Technology Inc., in an amount not to exceed $1,322,389,
and a letter agreement with Cisco Systems, Inc., for the purchase of computer hardware and support and
maintenance for the period August 1, 2017 through July 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. 75 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a
purchase order with Bibliotheca, LLC, in an amount not to exceed $185,000, and a service and
maintenance agreement for library book and media security software and equipment, for the period July 1,
2017 through June 30, 2018. (100% Library 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
Other Actions
C. 76 AUTHORIZE the Chair of the Board of Supervisors to sign a letter to the Contra Costa
Transportation Authority providing comments on the May 24, 2017 DRAFT "2017 Countywide
Comprehensive Transportation Plan", as recommended by the Transportation, Water and Infrastructure
Committee.
Written comments received from Debbie Toth, Choice in Aging (attached).
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 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16,
August 1, 2017 Contra Costa County Board of Supervisors Minutes 14
C. 77 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16,
1999, and most recently approved by the Board on July 11, 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. 78 SET the special tax levy for police services Zones in County Service Area P-6 for Fiscal Year
2017-2018, as recommended by the Sheriff-Coroner. (100% Restricted Property Tax revenue)
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 SET the special tax levy for County Service Areas P-2 Zone A (Blackhawk), P-2 Zone B (Alamo) and
P-5 (Round Hill) for fiscal year 2017/2018, as recommended by the Sheriff-Coroner. (100% Restricted
Property Tax revenue)
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 REFER to the Board's Airports Committee the recruitment to fill a vacant At Large seat on the
Aviation Advisory Committee, as recommended by the Internal Operations Committee.
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 AUTHORIZE the Chair of the Board of Supervisors to sign a letter of interest to The Solar
Foundation in support of their application to the Solar Energy Innovation Network program of the U.S.
Department of Energy and the National Renewable Energy Laboratory for funding to investigate how to
remove institutional barriers to expanding deployment of solar energy, as recommended by the
Conservation and Development Director. (Limited in-kind staff contribution; 50% General Fund allocation
for Sustainability Coordinator/50% Land Development 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. 82 ACCEPT the response to Civil Grand Jury Report No. 1705, entitled "Funding Flood Control
Infrastructure" and DIRECT the Clerk of the Board to forward the response to the Superior Court no later
than August 29, 2017, 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. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Holy Names University, to provide supervised field instruction in the County’s Public Health Division and
Contra Costa Regional Medical Center and Contra Costa Health Centers to nursing students, for the period
November 1, 2017 through October 31, 2020. (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. 84 APPROVE the response to Civil Grand Jury Report No. 1702, entitled "Emergency Mass Care and
Shelter: Are We Ready?" and DIRECT the Clerk of the Board to forward the response to the Superior
Court no later than August 9, 2017, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III SupervisorAugust 1, 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. 85 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and
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. 86 APPROVE response to Civil Grand Jury Report No. 1711, entitled "Alamo Parks Planning and
Development" and DIRECT the Clerk of the Board to forward the response to the Superior Court following
Board action, as recommended by Supervisor Andersen.
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 AUTHORIZE the County Administrator to seek legislation to modify the Health and Safety Code to
change the Board of Directors for the West Contra Costa Healthcare District from an elected board of
directors to a board of directors that is appointed by the Board of Supervisors. (100% West Contra Costa
Healthcare District 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
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.
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.August 1, 2017 Contra Costa County Board of Supervisors Minutes 16
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 Diane Burgis) meets on the fourth Wednesday of the
month at 1:30 p.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord.
The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) meets on the fourth
Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at
9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and Candace Andersen) meets on the
first Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street,
Martinez.
The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second
Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Legislation Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Monday of the
month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Public Protection Committee (Supervisors Federal D. Glover and John Gioia) meets on the first Monday of the
month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Transportation, Water & Infrastructure Committee (Supervisors Diane Burgis 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.
Airports Committee August 23, 2017 1:30 p.m.See above
Family & Human Services Committee August 28, 2017 10:30 a.m.See above
Finance Committee August 16, 2017 Special Meeting 2:00 p.m. See above
Hiring Outreach Oversight Committee August 7, 2017 Cancelled
Next Meeting TBD
TBD See above
Internal Operations Committee August 14, 2017 Cancelled
Next Meeting September 11, 2017
1:00 p.m. See above
Legislation Committee August 14, 2017 10:30 a.m. See above
Public Protection Committee August 7, 2017 Cancelled
September 4, 2017 Cancelled
Next Meeting October 2, 2017
10:30 a.m. See above
Transportation, Water & Infrastructure Committee August 14, 2017 9:00 a.m. See above
August 1, 2017 Contra Costa County Board of Supervisors Minutes 17
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 18
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 19
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 20
RECOMMENDATION(S):
REVIEW 12 applications for the position of District Attorney and SELECT applicants for further consideration.1.
ADOPT Resolution No. 2017/284 authorizing the County Administrator to conduct criminal and other
background checks of finalists to be interviewed, and to request finalists to provide an economic disclosure
statement (FPPC Form 700).
2.
DIRECT the County Administrator to invite the finalists to participate in a moderated public forum to be held
in the Board of Supervisors Chambers on the evening of Tuesday, August 15, 2017.
3.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
With the resignation of Mark Peterson on June 14, there is a vacancy in the Office of the District Attorney. The
office of district attorney is an elective county office. When a vacancy occurs in an elective county office, the county
board of supervisors must appoint a successor to fill that vacancy. The person appointed to fill the vacancy will hold
the office for the unexpired term. The current term of office for the district attorney will expire on January 7, 2019.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: David Twa (925)
335-1080
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: August 1, 2017
, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: CAO, Human Resources Director
D.1
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:SELECTION OF FINALISTS FOR THE POSITION OF DISTRICT ATTORNEY
August 1, 2017 Contra Costa County Board of Supervisors Minutes 21
BACKGROUND: (CONT'D)
>
The Board of Supervisors, on June 23, 2017, determined a process and timeline to select an interim district
attorney:
Issue press release and open four-week application period June 23, 2017
Final filing deadline 5:00 p.m. on
July 21, 2017
Staff screening of applications for eligibility July 24-31, 2017
Board review of applications and selection of finalists to
interview August 1, 2017
Background checks on finalists August 2 - September 7,
2017
Finalists Forum August 15, 2017
Board interviews September 12, 2017
Appointment and swearing in of District Attorney September 19, 2017
The District Attorney, in addition to being the Public Prosecutor, also conducts Victim/Witness Assistance, Rape
Crisis Services, Battered Women Alternatives, and Adult Pretrial Diversion Programs, and anti-truancy, cease fire
and safe streets initiatives. The District Attorney manages a department consisting of approximately 205
employees of whom 103 are attorneys. The Department's operating budget for Fiscal Year 2017/18 is $19.5
million. In addition to offices in Martinez, the County seat, branches are located in the cities of Concord and
Richmond. The District Attorney attends the courts and conducts prosecutions for public offenses. Included in
public offenses is the prosecution of all felonies, misdemeanors, juvenile criminal offenses and certain civil
offenses including consumer fraud and violations of the Political Reform Act and the investigation of such
offenses in order that they may be presented to the court in the interest of public protection. The District Attorney's
Office also cooperates with State and other local agencies in the detection, suppression, and prevention of crime,
and in the enforcement of regulatory laws as well as handling fugitive warrants, extradition, and writs.
Effective July 1, 2017, the salary of the District Attorney was increased to $21,515 monthly ($258,181 annually).
In addition to a competitive salary, health and dental benefits, and a defined pension benefit, the appointed
District Attorney is eligible for benefits which include: $600 monthly auto allowance with use of personal
vehicle; $12,000 annual County contribution to deferred compensation plan; based on County hire date, eligibility
for $85 plus an additional $150 per month County contribution upon qualifying employee contributions to
deferred compensation plan; $60,000 executive group term life insurance; $700 annual executive professional
development reimbursement; long-term disability insurance; reimbursement of State Bar membership dues; and
participation in Social Security.
To qualify for appointment to the office of district attorney, the appointee must be at least 18 years of age, a
citizen of California, a registered voter of this County at the time of appointment, and admitted to practice in the
California Supreme Court. These requirements may not be waived. The County's job specification for the class of
District Attorney is attached hereto for reference.
It has been the practice in this County to obtain criminal history information, under the authority of Penal Code
section 11105 (b) (11), before filling a vacancy in an elected office. This allows the County to verify that the
person selected is not disqualified from holding office by the Constitution or state statute. Adoption of Resolution
No. 2017/284 will authorize the County Administrator to seek and obtain criminal history and other background
information pertaining to the finalists for the District Attorney position.August 1, 2017 Contra Costa County Board of Supervisors Minutes 22
information pertaining to the finalists for the District Attorney position.
CLERK'S ADDENDUM
Speakers: Ava Ahern, resident of Lafayette; Jennifer Lorh, resident of Brentwood; Brodie Hilp, resident of
Danville; Guy Swanger, County Chiefs Assciation; Julie Davis, resident of Walnut Creek; Judith Tannebaum,
resident of El Cerrito; Jeff Landin, Contra Costa County Racial Justice Coalition; Maria Alegria, Democratic
Party of Contra Costa; Mercy Garetz, Resident of Hercules; David Sharples, resident of Richmond; Zuleika
Gardinez, Ensuring Opportunity Campaign.
REVIEWED 12 applications for the position of District Attorney and DETERMINED that the following five
finalists would move forward in the process: Contra Costa Judge Diana Becton, Contra Costa Judge Danielle
Douglas, Contra Costa Assistant District Attorney Tom Kensok, Contra Costa Senior Deputy District Attorney
Paul Graves and Santa Clara Supervising Deputy District Attorney Patrick Vanier;
ADOPTED Resolution No. 2017/284 authorizing the County Administrator to conduct criminal and other
background checks of finalists to be interviewed, and to request finalists to provide an economic disclosure
statement (FPPC Form 700);
and DIRECTED the County Administrator to invite the finalists to participate in a moderated public forum to
be held in the Board of Supervisors Chambers, 6:00 p.m, Tuesday, August 15, 2017.
All public documents provided to the Board during this process will also be available to the public under the
Public Records Act. The two applicants who are judges were asked to submit additional information, through
the County Counsel’s Office, as to their qualification for appointment to the office of District Attorney under
California Constitution art. VI § 17.
AGENDA ATTACHMENTS
Resolution No. 2017/284
District Attorney Job Announcement
Employment Applications for District Attorney
MINUTES ATTACHMENTS
Signed Resolution No. 2017/284
Correspondence Received
August 1, 2017 Contra Costa County Board of Supervisors Minutes 23
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/284
IN THE MATTER OF OBTAINING CRIMINAL HISTORY AND OTHER BACKGROUND INFORMATION FOR
FINALISTS FOR THE POSITION OF DISTRICT ATTORNEY
WHEREAS, the Board, as appointing authority for the position of District Attorney, finds that it is necessary to obtain criminal
history and other background information about applicants for that position (which became vacant on June 14, 2017); and
WHEREAS, such information is necessary to assist the Board in fulfilling its duties with respect to the appointment of the District
Attorney, and to assure that applicants for the office are not disqualified from holding office by the Constitution or statutes of the
State of California;
BE IT THEREFORE RESOLVED by the Board that:
1. The County Administrator is authorized pursuant to Penal Code section 11105(b)(10) to seek and obtain from the California
Attorney General state summary criminal history information on the finalists for the position of District Attorney.
2. The County Administrator is authorized to require that applicants be fingerprinted for the purpose of obtaining criminal history
records. Applicants may be required to bear the cost of the fingerprinting and the obtaining of criminal history information.
3. The County Administrator, and his designees, shall maintain custody and control of criminal history records obtained to carry
out this resolution. The records shall be accessible only to the County Administrator, the County Counsel, the members of the
Board of Supervisors, and their designees, to the person to whom the records pertain, or to a person authorized access in writing
by the person to whom the records pertain. The County Administrator shall destroy records containing criminal history
information received from the Attorney General and all copies after 30 days from the appointment of the District Attorney.
4. The County Administrator is authorized to seek and obtain information regarding the existence of civil actions and/or
restraining orders and other background information pertaining to the finalists for the position of District Attorney.
5. The County Administrator is authorized to request of each finalist a current and completed economic disclosure statement
(FPPC Form 700).
Contact: David Twa (925) 335-1080
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: August 1, 2017
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: CAO, Human Resources Director
5
August 1, 2017 Contra Costa County Board of Supervisors Minutes 24
August 1, 2017 Contra Costa County Board of Supervisors Minutes 25
August 1, 2017 Contra Costa County Board of Supervisors Minutes 26
August 1, 2017 Contra Costa County Board of Supervisors Minutes 27
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Diana Becton Address:
El Sobrante, California US
Home Phone: Alternate Phone:
Email: ds4dreams@aol.com
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Master's Degree
Preferences
Preferred Salary:$700.00 per hour; $258,000.00 per year
Are you willing to relocate?
I currently reside in Contra Costa County.
Types of positions you will accept: Regular , Temporary
Types of work you will accept: Full Time
Types of shifts you will accept: Day , Evening , Night , Weekends , On Call (as needed)
Objective
District attorney
Education
Graduate School
Pacific School of Religion
8/2013 - 5/2015
Berkeley, California
Did you graduate: Yes
College Major/Minor: Theology
Units Completed: 48 Quarter
Degree Received: Master's
Graduate School
Golden Gate university School of Law
9/1980 - 5/1984
San Francisco, California
Did you graduate: Yes
College Major/Minor: Law
Units Completed: 68 Semester
Degree Received: Master's
Work Experience
Judge
11/1995 - Present
Contra Costa Superior Court
cc-courts.org
725 Court Street
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $15,000.00
# of Employees Supervised: 3
Name of Supervisor: Jill Fanin - Presiding
Judge
May we contact this employer? Yes
Duties
Interpret law, assess evidence, control hearings and trials.
Reason for Leaving
Accept a different position.
Certificates and Licenses
Type: Real Estate Broker
Number: 00657872
Issued by: Bureau of Real Estate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 28
Date Issued: 1 /2013 Date Expires: 1 /2017
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Jenkins, Martin
Associate Justice, 1st District Court of Appeal
Professional
Glenn-Davis, Janeith
Deputy Chief BART (Ret.)
Professional
McIntosh, Lesa
Attorney/EBMUD Board of Directors
Resume
Text Resume
Attachments
Attachment File Name File Type Created By
Redacted Application Diana Becton_Redacted Other LaShonda Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
August 1, 2017 Contra Costa County Board of Supervisors Minutes 29
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Contra Costa County Website
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A:
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
August 1, 2017 Contra Costa County Board of Supervisors Minutes 30
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: I have over 30 years of experience in the administration of justice and the practice of
criminal law. For the past 21 years I have served as a judge of the Contra Costa
Superior Court. During this time I have provided continuing education instruction,
presided over cases, and participated in the appellate review of decisions in criminal
cases.
My role as a judge requires knowledge of and sensitivity to the functions of everyone in
the courtroom: prosecutors, defense counsel, witnesses, jurors, the defendant, the
victim and the public. To effectively administer justice I must be respectful, courteous,
and fair to everyone in the courtroom.
I interpret criminal laws, assess the strengths and weaknesses of evidence presented,
and control how hearings and trials unfold in the courtroom. Most importantly, I serve
as an impartial decision maker in the pursuit of justice.
I have presided over misdemeanor, felony, mental health, and juvenile cases. I have
handled diverse criminal cases including, but not limited to violent crimes, such as
criminal homicide, rape, aggravated assault, robbery, domestic violence, gangs, sexual
assault, burglary, and arson. I have also presided over larceny/theft, motor vehicle
theft, white-collar crimes, fraud, forgery, conspiracy, and mental health. I served in law
and motion, presided over and managed jury trials and bench trials, and conducted
both misdemeanor and felony plea bargains. My experience includes discovery motions,
motions to suppress evidence, civil and criminal contempt, grand jury, preliminary
hearings, motions in-limine, pre-trial motion rulings, pre-trial offers on misdemeanors
and felonies (plea bargains), speedy trial motions, jury trials, post-trial motions,
arraignments, sentencing, settlement, instruction of the jury, and presiding over
hearings to ensure that victims receive adequate and fair restitution. I presided over a
committee of court personnel and justice partners to review victim restitution
procedures. In brief, my experience is broad and diverse, both in regard to the types of
cases I presided over, and with regard to the types of court procedures.
I have also served as an appellate judge, both for the Contra Costa Superior Court, and
as a judge pro tem for the First District Court of Appeal. My evaluation of appellate
criminal cases has included traffic, misdemeanors, felony and juvenile cases. In this
role I reviewed the findings and evidence from lower courts, to determine if there was
sufficient evidence to support the determination made by the lower court, and to
determine if the lower court correctly applied the law.
Prior to serving as a judge, I practiced law as an attorney for 9 years. In this role, I
served on the criminal conflicts panel. I was responsible for both criminal and juvenile
cases. I appeared at arraignments and bail hearings, analyzed cases, talked to
witnesses to determine what happened, identified strengths and weaknesses,
participated in plea bargaining and resolution, developed trial strategies, conducted jury
selection, opening statements, questioned witnesses, prepared law and motion, and
presented closing arguments.
5.Q: Describe your organizational and management experience.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 31
A: My organizational and management experience spans over most of my professional
career.
Presiding Judge of the Contra Costa Superior Court.
In 2009 I was elected Assistant Presiding Judge of the Contra Costa Superior Court, and
I was elected Presiding Judge of the Contra Costa Superior Court in 2011. Contra Costa
Superior Court has jurisdiction over the following types of cases: criminal, civil, family,
probate, mental health, juvenile, small claims and traffic. The presiding judge is
responsible, with the assistance of the court executive officer, for leading the court,
establishing policies, and allocating resources in a manner that promotes access to
justice for all members of the public, provides a forum for the fair administration and
expeditious resolution of disputes, maximizes the use of judicial resources, increases
efficiency in court operations, and enhances service to the public.
As Presiding Judge I was responsible for: (a) oversight of judicial officers; (b) providing
general direction to and supervision of the court executive officer; (c) budget and fiscal
management; (d) assigning judges to departments and designating supervising judges
for divisions and branch courts; (e) serving as a liaison between the court and the
Judicial Council; (f) apportioning the business of the court, including assigning and
reassigning cases to departments; (g) calling meetings of the judges; (h) appointing
standing and special committees of judges; (i) acting as the spokesperson for the court;
(j) authorizing and directing expenditures from the Trial Court Operations Fund.
Over the years my management and organizational experience as a judge included
Assistant Presiding Judge, Supervising Judge of the Civil Fast Track Division, and
Supervising Judge of the Felony Criminal Calendar, which included the management of
post preliminary hearing felony cases, pre-trial motions, plea negotiations, and
probation violations. I also served as Presiding Judge and Supervising Judge of the
Richmond Municipal Court (The Judge George Carroll Courthouse).
While serving as Presiding Judge, I led the court through one of the most difficult
budgetary challenges in the court’s recent history. Constant cuts to the courts funding
on a statewide basis, forced the court to reduce staff by 27%. The court also
implemented several methods in order to reduce the budget, and then we began the
difficult process of considering measures that would have significant impact on the
public.
The changes, although difficult, were discussed openly, with transparency, and through
a collaborative process.
Our employees were informed and involved in the process, and allowed to share their
thoughts and feelings. I identified leaders in the organization to help orchestrate the
changes. I concentrated on effective delegation, and designated working teams
representing different departments, and levels to discuss ideas about how to manage
the change effectively. To assist in communications a short presentation was developed
describing the future, and the impact of the changes, thus creating a process for open
and transparent communication. Finally, I expanded the communication channels and
maintained visibility with judges, staff, justice partners and legislators, as major
decisions were considered. At every juncture we solicited ideas, comments,
suggestions, input, thoughts and other feedback. We managed change during a very
difficult and challenging time, in an open, fair, and transparent way.
I have gained the respect of my colleagues, as well as the public we serve. I have
received many honors, including, Judge of the Year, from the Trial Lawyers Association.
The National Bar Association, Judicial Counsel, recently selected me from a pool of jurist
all over the country, to receive the Justice Thurgood Marshall Award. In 2012, I was the
recipient of the California Women Lawyers' Rose Bird Award for excellence as a jurist. I
have taught Judicial Education and served as a seminar leader at the Judicial College. I
received recognition from Channel 7 for a Community Service Salute in 2012.
Starting in 1998, I served as Chair and Vice-Chair of the Strategic Planning Committee
for the Contra Costa Superior Court. I managed the process to develop the courts
inaugural Strategic Plan. This effort required the involvement of leaders from all aspects
of the county to spend long hours in meetings, collaborating and brainstorming
establishing the core values, the mission, and the vision for the court. We acquired
August 1, 2017 Contra Costa County Board of Supervisors Minutes 32
data, exchanged ideas and built consensus, in an atmosphere where every idea was
respected and valued. Through this process the court adopted strategic goals, and
measurable outcomes. The Strategic Plan, with periodic updates, still guides our court
today.
President of the National Association of Women Judges.
In 2016, I was elected President of the National Association of Women Judges (NAWJ),
the nation’s leading voice for women in the judiciary.
As President of NAWJ, I am the principal executive officer of the organization, and I
supervise and control all of the business and the affairs of the organization. I preside at
all meetings of members and at all meetings of the Board of Directors. I appoint
chairpersons, vice chairpersons and members of all committees. I am the spokesperson
for the organization, and principally responsible for dealing with the public, including
the media. I act as liaison with the Conference Committee for the Annual Meeting held
during my tenure. I also chair the Midyear Meeting and Leadership Conference
Committee.
NAWJ membership includes trial and appellate, administrative, tribal and military
judges, on federal, state and tribal courts at every level of the judiciary throughout the
country, and international tribunals, as well as attorneys, law clerks, law students and
law professors committed to our mission. NAWJ founded the International Association of
Women Judges (IAWJ), and we meet and interact with judges from all over the world.
Prior to being elected president of NAWJ, I served as President-elect, Vice-President of
Publications, and District Director.
Chair-Elect, State Bar Council on Access & Fairness (COAF).
I am Chair-elect of the State Bar Council on Access & Fairness (COAF). I preside over a
25-member council that serves as the State Bar Diversity "think tank" and consists of
judges, lawyers and public members from diverse practice settings and constituencies.
We create, focus upon, and implement initiatives that have an impact on all aspects of
the pipeline that lead to careers in the legal profession, and the diversification of the
legal system.
Alexander & Becton (Brown) Law Offices.
In private practice I was a partner/owner of the law firm. Our office staff included up to
nine lawyers and a paralegal/secretary.
Law Office of Diana Becton
Prior to my appointment as a judge, I was the sole proprietor of a law practice in
Richmond, California. I employed one lawyer. The practice focused on litigation in real
estate, business, landlord tenant, personal injury and criminal cases.
City of Richmond, Housing Finance & Development Supervisor.
I served as Supervisor of Housing Finance & Development. I supervised four Housing
Counselors whose responsibilities included counseling in the area of FHA mortgages,
and Landlord Tenant law. The department also received and administered grants to
assist with affordable housing opportunities in the City of Richmond.
Manager, Housing Finance Corporation
I completed an intensive management-training program where I was equipped with
innovative management tools, and I learned the best practices for building a productive
team through effective planning, coaching and decision-making. I served as the
manager of a consumer finance office.
Access and Fairness Advisory Committee (PAF).
As Chair of the Women of Color Subcommittee, I supervised the development of a
Statewide Mentoring Program for court staff and managers.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: When the architects of our republic wrote the magnificent words of the constitution and
the Declaration of Independence, they were signing a promissory note, to which every
one of us falls heir. Every one of us is guaranteed the unalienable rights to life, liberty,
August 1, 2017 Contra Costa County Board of Supervisors Minutes 33
and the pursuit of happiness. Our justice system was designed with a promise: to treat
all people equally.
There is a growing national consensus that America’s criminal justice system has
problems that need to be addressed in order all Americans to enjoy equal access to life,
liberty, and the pursuit of happiness. We lead the world in the use of incarceration, and
as we know the US has just 5% of the world’s population, but 25% of its prison
population. The use of mass incarceration is expensive, and has been proven to be
ineffective for achieving the most important goal, which is public safety.
In Contra Costa County, we must focus on how to use our time and resources most
productively. We all recognize the need to reduce violence and serious crime, and to
maintain a relentless and intense focus on the prosecution of violent criminals. But we
can’t stop there. We must also look at the rate at which convicted offenders re-offend.
In 2006, the bipartisan Commission on Safety and Abuse in America’s Prisons, found
that 52% of former prisoners were re-convicted. This high rate of recidivism is a
problem that needs fixing. While prison can be used to punish criminals and isolate
them from society, it is also important to purse strategies that are proven to reduce
recidivism because these strategies improve public safety.
In recent years, programs focused on rehabilitation, have proven a success in several
states. Why not look to programs in other jurisdictions that show success in reducing
recidivism. Eventually, most offenders are released from prison. If we can successfully
rehabilitate offenders, then we have a more positive impact on the community, than if
we focus on incarceration alone. Our attention must also focus on reducing racial
disparities, and improving the investigation of misconduct, on behalf of all citizens, not
just a select few.
Drug use is a contributing factor when it comes to recidivism. The bulk of crimes that
we handle are nonviolent offenses. Therefore, we would do well to consider those
programs that are proven to reduce criminal behavior for people with drug problems.
We might do well to consider the expansion of programs such as the Law Enforcement
Assisted Diversion (LEAD), a pilot program developed with the community to address
low level drug crimes.
Pretrial detention is another area that needs our attention. Statistics from the California
Sentencing Institute, indicate that bail reform is a significant problem, because we have
a high percentage of offenders in our local jails who are un-sentenced.
Our justice system promises to treat all people equally. Yet that doesn’t happen for
many of the 450,000 Americans who sit in jail today awaiting trial because they cannot
afford to pay bail. Whether someone stays in jail or not is far too often determined by
wealth or social connections, even though just a few days behind bars can cost people
their job, home, or custody of their children.
People awaiting trial account for 95 percent of the growth in the jail population from
2000 to 2014, and it costs roughly $38 million every day to imprison these largely
nonviolent defendants. That’s about $14 million dollars per year. Instead of focusing
solely on bail schedules, Contra Costa could benefit from exploring practices that rely
on detailed individualized hearings to determine whether a pretrial defendant may be
suitable for release, and if so on what conditions.
We need to reexamine how we view and treat youth in the criminal justice system. With
the annual cost of keeping a teen in juvenile detention topping $100,000 in many
states, there is an increased focus on community-based programs for youths who
commit less serious crimes. The states that have pursued alternatives to lockup are
seeing fewer repeat offenders and are saving money, according to a new analysis by
the Pew Charitable Trusts.
Finally, we must work towards bringing law enforcement, prosecution and communities
together. Preventing crime involves working with the community to create meaningful
partnerships to improve public safety. We are safer together when community members
and law enforcement work together to identify public safety issues and solutions.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
August 1, 2017 Contra Costa County Board of Supervisors Minutes 34
A: When I think about why I want to serve as District Attorney for Contra Costa County, I
am reminded of a quote by Justice Thurgood Marshall: “We must never forget that the
only real source of power that we...can tap is the respect of the people.” I care deeply
and passionately about our county’s criminal justice system. Throughout my legal
career I have sought to promote equality, fairness, and confidence in the court and the
legal system.
Having served as a judge for over twenty years, I am poised to seek new opportunities
that will allow me to fight for reforms, justice and safety for all citizens of our
community. Equal access to justice under the law is an American value that is
embedded in the fabric of our legal system. I will apply my leadership, legal skills,
knowledge, and experience in a fresh way, in order to lead the effort for fair, and just
reform of the criminal justice system in Contra Costa County.
I am uniquely qualified for the position of District Attorney, and would like to share
three passions that drive me: (1) a belief that the law should protect both the weak and
the strong; (2) a belief that the criminal justice system works best when the diversity of
legal professionals reflects the diversity of the people we serve; and (3) a passion for
the law itself.
I hope to lead with integrity as we explore opportunities for criminal justice reform. If
appointed as District Attorney I will apply the Constitution equally to all, and work
diligently, and fearlessly, to demand fair treatment and justice for Contra Costa
residents of all backgrounds. I will do everything within my ability to “tap the respect of
the people”.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: A Japanese proverb says, “The reputation of a thousand years may be determined by
the conduct of one hour.” It is imperative that the next District Attorney of Contra Costa
County work to restore public trust in the office, and to ensure fair treatment and
justice for all residents in Contra Costa County. I will work with integrity, implement
strategic goals with measurable outcomes, and provide a voice of accountability to the
community that we serve.
Around the country, prosecutors and their offices are adopting a community-oriented
strategies to bring about confidence in the District Attorney’s Office – one that focuses
the attention and efforts of prosecutors not only on processing cases presented to them
by police, but on quality of life, crime prevention, problem solving, building partnerships
with citizens in the community, and incorporating the priorities of citizens into their
mission and operations.
Community involvement is a way to build confidence. From educating young people, to
participating in neighborhood meetings and senior citizen informational gatherings, the
District Attorney’s Office should place a high value on interaction with all members of
the Contra Costa community.
As a judge, I have successfully engaged the community in the legal process, and if
elected DA, I would continue to promote community involvement. For example, I have
also worked in and with the community, earning the respect of the residents of Contra
Costa County. In collaboration with the court, public defenders, district attorneys and
the faith community, I convened Clean Slate Days to help residents overcome barriers
to employment, housing, education, public benefits and civic participation. I worked
collaboratively with the public schools, public defender, district attorney, law
enforcement, and the faith community, in order to convene “Know Your Rights, so that
our youth understand how to interact during encounters with law enforcement. I
participate in Ceasefire night walks, bringing a message of hope, and to stop the gun
violence in our communities.
As District Attorney, I would encourage the office to reach out to the various school,
religious and community groups through a Speakers Bureau, and host regular
community forums. Neighborhood Crime Prevention is another model to consider,
where Community Prosecutors are assigned to a particular community to build a
technical team of law enforcement and government partners, to work together with the
community to improve public safety and coordinate with local government and
community based organizations in the effort. A Community Prosecutor can also be
August 1, 2017 Contra Costa County Board of Supervisors Minutes 35
assigned to work on Truancy Abatement in their area of the county.
Establishing District Attorney Advisory Groups is another method that can be used to
restore trust and confidence. Preventing crime involves working with the community to
create meaningful partnerships to improve public safety. We are safer together when
community members and law enforcement work together to identify public safety issues
and solutions.
Lastly, I would promote diversity within the office. The authors of a Stanford report
contend that diversity in prosecutorial agencies is important because diversity improves
decision-making within any organization, and may help dispel some concerns about
injustice. Diversity within the office is also important because it allows for diverse
perspectives in decision-making, and makes the office more reflective of the community
that it serves.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: The increasing number of individuals with mental health and substance use conditions
in the criminal justice system has enormous fiscal, health, and human costs. Mental
Health courts present a growing opportunity for prosecutors to reach better, safer and
more humane criminal justice outcomes for offenders with mental illnesses.
To maximize this opportunity prosecutors need to fully engage in the planning and
operations of these problem-solving courts, and play an active role on mental health
court teams. Diverting individuals with mental health and substance use conditions
away from jails and prisons and toward facilities that are better equipped to treat
mental health issues is an essential component of national, state, and local strategies to
provide people the support they need, and to eliminate unnecessary involvement in
criminal justice systems.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: I convened a committee to review the procedures for establishing and collecting victim
restitution. I worked through discussions of a diverse group of judges and staff, the
public defender, district attorney, private bar, probation, and non-profit agencies.
Everyone came to the table with different interests, and a desire for different outcomes.
Through strategic planning and thinking, we defined and streamlined the work of each
agency. We developed procedures that clearly set forth each entities role in the
process. The committee also set up methods to streamline communications between
the various justice partners, and reached consensus on a final procedure that will result
in greater efficiencies for collecting restitution for crime victims.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: I presided over a first-degree homicide trial, where the defendant, shot his best friend
since childhood. The relationship deteriorated because of defendant’s drug use, and
suspicion that the victim was having an affair with his wife.
On the morning of the shooting, witnesses heard gunshots. A neighbor saw a truck, and
then a body lying on the sidewalk in front of the house. The defendant appeared at a
friend’s house with blood on him, and his truck had fresh blood and flesh all over the
interior. The defendant said, “I did it, I put ten slugs in him,” and then solicited help to
clean up and hide the truck.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 36
The defendant testified at trial claiming self-defense. The case was unique because in a
prior case, the defendant was charged with the homicide of a childhood friend, while
sitting in a truck, and then claiming self-defense, and the jury found the defendant not
guilty.
It was a high profile case, with a high volume of pre-trial publicity. The court and the
jury had to sort through many complex legal issues involving the admissibility of
evidence, attorney misconduct, and impeachment of witnesses. There was a delicate
balance considering the defendant’s rights, and the probative value, versus the
prejudice and materiality of the evidence.
There were days of pre-trial motions and rulings, inflammatory photographs, as well as
crime scene photos, and “in life” photographs. Then there were the logistics of
arranging transportation for the jurors, the defendant, the lawyers, and the courtroom
staff to visit the scene of the shooting. The defendant was difficult to manage, and his
attorney had difficulty controlling the statements that the defendant made while
testifying before the jury.
The jury found the defendant guilty. The appellate court upheld my rulings and the
Supreme Court declined to review.
13.Q: What is the size of the population/client base served by current employer?
A: The Superior Court serves the citizens of Contra Costa County, which has a population
of 1,049,025, according to the 2010 census.
14.Q: To whom do you currently report, by title?
A: I currently report to the Hon. Jill Fannin, Presiding Judge of the Contra Costa Superior
Court.
15.Q: What number of staff are employed by current employer?
A: Contra Costa Superior Court has a staff of 325.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: I currently oversee a staff of three, the clerk, court reporter and bailiff.
As President of the National Association of Women Judges I oversee directly and
indirectly a staff of two (2), and an additional number of contract employees.
17.Q: What is the largest number of staff you have overseen, and where?
A: The largest number of staff that I have overseen is approximately 450, and that was
with the Contra Costa Superior Court.
18.Q: What is your current employer's operating budget, in dollars?
A: The approved budget for Contra Costa Superior Court at the beginning of 2016-17 was
$56.963 million.
19.Q: For what portion of budget are you responsible, in dollars?
A: When I served as Presiding Judge of the Contra Costa Superior Court, I was
responsible, along with the CEO for oversight of the court’s entire budget for the fiscal
years of 2011 and 2012. Also while serving as Assistant Presiding Judge (2009-2010), I
worked closely with the Presiding Judge on issues concerning the court’s budget. I am
not currently responsible for any portion of the court’s budget.
As President of the National Association of Women Judges, I serve as the principal
executive officer of the organization, and along with the Executive Director, I supervise
all of the business and affairs of the organization, which has a budget of $1,038,250.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 37
20.Q: What is the largest budget you have ever been responsible for, and where?
A: The largest budget that I have been responsible for is approximately $56 million for the
Contra Costa Superior Court.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 38
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name:David G Brown Address:
Suisun, California US
Home Phone:Alternate Phone:
Email:tajoco@hotmail.com
Personal Information
Driver's License:Yes, California , , Class M1
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$90,000.00 per year
Are you willing to relocate?Yes
Types of positions you will accept:Regular
Types of work you will accept:Full Time , Part Time
Types of shifts you will accept:Day
Objective
Prosecute criminals!
Education
College
Bradley University
8/1974 - 7/1979
Peoria, Illinois
Did you graduate: Yes
College Major/Minor: B.S. Business Management
Units Completed: 124 Semester
Degree Received: Bachelor's
Work Experience
Deputy District Attorney
7/1986 - 3/2013
Contra Costa County
900 Court St
Martinez, California 94355
Hours worked per week: 40
Monthly Salary: $13,000.00
# of Employees Supervised: 23
Name of Supervisor: Paul Sequeira - Assistant Chief Deputy
District Attorney
May we contact this employer? Yes
Duties
Prosecuted all major cases including homicide,sexual assault,crimes of violence and gang cases.
Supervised the Richmond branch of the office for 8 years. Prosecuted Workers Compensation
cases,Child Abuse and Elder Abuse cases. Tried over 20 Homicide cases including several death
penalty cases. Worked as liaison between district attorneys office, courts,police departments as
well as community organizations. Set up training program for young attorneys and monitored
their progress.
Reason for Leaving
Retired
Certificates and Licenses
Type: California State Bar
Number: 123771
Issued by:
Date Issued: 5 /1986 Date Expires:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 39
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Sequeira, Paul
Chief Deputy District
attorney
Resume
Text Resume
Attachments
Attachment File Name File
Type
Created
By
David G Brown
Application_Redacted
David G Brown
Application_Redacted Other Alex Johnson
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
August 1, 2017 Contra Costa County Board of Supervisors Minutes 40
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A: Newspaper article, members of the Contra Costa County District Attorneys office .
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: No
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 41
Over 25 Years as a Deputy District Attorney in Contra Costa County. Senior Deputy
District Attorney for 8 Years. Head of the Richmond District Attorneys office for 8 Years.
experience trying all major felony cases.4 years as a criminal defense attorney
practicing in Bay Area
5.Q: Describe your organizational and management experience.
A: 8 years as head of the Richmond Branch of the Contra Costa County District Attorneys
Office. Established training program for newly hired deputy district attorneys. Owner
and sole practitioner of private law firm.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Equal access and treatment of all citizens of the county. Ethical decision making in filing
and prosecuting cases. Promotions and advancement of employees based solely upon
merit and an understanding and appreciation for how the justice system is viewed by
the public in general.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: I was a deputy district attorney for over a quarter of a century. I know how important it
is that the citizens of the county have faith in the prosecution and non-prosecution of
cases. i know that it is the job of the District Attorney to lead by example which
includes acting morally, ethically and fairly at all times. I know I can bring trust in the
office back not only to those outside the office but also those inside the office.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: Promoting those who have demonstrated the ability to fairly,ethically and morally file
and prosecute crimes. By making sure that those who are hired have not only a passion
for the career of deputy district attorney but also a passion to see that justice is done
for everyone,including defendants. Training is extremely important, not only training in
the law but also training in the application of the law.There must also be a willingness
to listen to opposing viewpoints and a willingness to engage in dialogue with an open
mind.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: There is no one answer to that problem. i do believe that psychological treatment is the
only way to stop the cycle of recidivism. The question becomes who is in the best
position to make the determination of which treatment is best. That is why I believe an
open dialogue is required. I was in the Mental Health unit of the district attorneys office
and had many opportunists to discuss cases with the Mental Health Unit of the County
as well as doctors in the state hospitals where mentally ill defendants are housed. I am
aware of the divergent opinions of how best to serve the defendants interests and still
protect the community.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: A complaint was made to the state bar concerning my jury selection in a murder case.
No action has been taken.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: I was contacted to represent a crrminal defendant who made allegations against a
police officer I had worked with as a prosecutor. I knew the officer personally and had
questions as to the accuracy of the perspective clients allegations. I advised him that I
knew the officer and that it would be best if he hired another attorney, I did not want it
to appear that I had a conflict of interest between my duty to my client and any
possible personal bias I may have had toward the officer. I did not believe it would be
the proper moral or ethical thing to represent him in court unless I had complete trust
and faith in any action I would have to take.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 42
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: The most complex matter was prosecuting a Richmond murder case where the
defendant was 16 at the time he murdered a prominent athlete from De La Salle High
School that had just recently received a college scholarship to play football at the
University of Oregon. The issue was the fact that based on the nature of the crime the
defendant was charged as an adult. He was convicted of 1st degree murder.
13.Q: What is the size of the population/client base served by current employer?
A: Bay Area
14.Q: To whom do you currently report, by title?
A: Sole proprietor of own law firm
15.Q: What number of staff are employed by current employer?
A: 1
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: 1
17.Q: What is the largest number of staff you have overseen, and where?
A: 16. Contra Costa County District Attorneys Office. That included attorneys, investigators
and clerical staff.
18.Q: What is your current employer's operating budget, in dollars?
A: N/A
19.Q: For what portion of budget are you responsible, in dollars?
A: All
20.Q: What is the largest budget you have ever been responsible for, and where?
A: Current office.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 43
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: John Delgado Address:
Hercules, California US
Home Phone:Alternate Phone:
Email: johnjdelgado02@gmail.com
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Master's Degree
Preferences
Preferred Salary:$258,180.61 per year
Are you willing to relocate?Yes
Types of positions you will accept:Regular
Types of work you will accept:Full Time
Types of shifts you will accept:
Day , Evening , Night ,
Rotating , Weekends , On
Call (as needed)
Objective
To seek justice, protect the rights of crime victims, and prevent
crime. To seek and implement initiatives and preventative
programs that will reduce crime and enhance the lives of our
residents.
Education
Professional
UC Hastings College of the Law
www.uchastings.edu
8/1995 - 5/1997
200 McAllister Street, California
Did you graduate: Yes
College Major/Minor: Law
Degree Received: Professional
College
UCLA
www.ucla.edu
9/1986 - 5/1991
Los Angeles, California
Did you graduate: Yes
College Major/Minor: Electrical and Electronics
Engineering
Degree Received: Bachelor's
Work Experience
Assistant District Attorney
8/2000 - Present
San Francisco District Attorney's
Office
sfdistrictattorney.org
850 Bryant Street Suite 322
San Francisco, California 94103
Hours worked per week: 40
Monthly Salary: $14,000.00
# of Employees Supervised: 0
Name of Supervisor: Jean Roland - Managing Attorney -
Juvenile Division
May we contact this employer? Yes
Duties
I have served in various units throughout my career at the San Francisco District Attorney's
Office which include Domestic Violence, Narcotics, Special Prosecution and the Juvenile Division.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 44
I have tried over 100 jury trials and thousands of evidentiary hearings.
Reason for Leaving
Incredible opportunity.
Councilman
11/2010 - 11/2013
City of Hercules
111 Civic Drive
Hercules, California 94547
Hours worked per week: 40
Monthly Salary: $800.00
# of Employees Supervised: 1
May we contact this employer? Yes
Duties
Served on the City Council of Hercules in the capacity of Council Member, Vice Mayor and Mayor.
Participated in the hiring of five City Managers and one City Attorney. Served on various regional
boards such was the West Contra Costa Integrated Waste Management Authority and WestCat
Board.
Reason for Leaving
Promised to leave after accomplishing three things; 1) Financial Stability 2)
Certificates and Licenses
Type: California State Bar
Number: 191587
Issued by: California State Bar
Date Issued: 1 /2017 Date Expires: 1 /2018
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Roland, Jean
Managing Attorney
San Francisco District Attorney's
Office
Resume
Text Resume
Attachments
Attachment File Name File Type Created By
Redacted Application John Delgado Other LaShonda Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
August 1, 2017 Contra Costa County Board of Supervisors Minutes 45
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A: Linkedin
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
August 1, 2017 Contra Costa County Board of Supervisors Minutes 46
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A:
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: Prosecutor for the past 17 years
5.Q: Describe your organizational and management experience.
A: Served on the City Council of Hercules for four years and which unfortunately required
massive budget cuts and reorganization. Formed citizen committees for finance and
conflicts of interest.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Overextension of public resources, gang related crime and the uptick of property
crimes.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: To protect the community that i live in, to achieve the highest position, and to shorten
my commute.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: Establish, extend, and maintain relationships with the community, its leaders, and law
enforcement.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: Explore the creation of mental health courts and support the expansion of the
community's safety net.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No
August 1, 2017 Contra Costa County Board of Supervisors Minutes 47
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: I have spent a majority of my career working in the domestic violence unit. Often, the
victim and witnesses to the crime do not want to cooperate for a myriad of reasons. I
had to try a case where the victim and witness hid from us and refused to cooperate. I
had to prove the case by using a 911 recording and the past acts of the defendant. The
victim showed up to testify for the defendant but the jury fortunately saw the truth of
what had occurred and convicted him. The difficulty was to be creative in showing the
jury how all the facts, despite the lack of testimony of any eyewitnesses for the
prosecution, showed that the defendant committed the crime. You learn to prepare, to
present evidence effectively, and to trust in the system.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: I had case where the DUI defendant had lost control of his car and pinned an elderly
women against a concrete support. This essentially severed the victim's legs at knee
level. Under the law, the more serious crime of Mayhem was not s viable legal
authority. However, I was able to analogize the theory that a second time DUI driver
can be prosecuted for murder to this situation and the preliminary hearing Judge
agreed. I had to analyze a federal regulatory statute to obtain the defendant's past DUI
class records. The trial attorney was able to secure a plea. I received recognition from
MADD for my work in that case.
13.Q: What is the size of the population/client base served by current employer?
A: 864,816 at night.
14.Q: To whom do you currently report, by title?
A: Jean Roland, Managing Attorney of the Juvenile Unit
15.Q: What number of staff are employed by current employer?
A: Normally 120 attorneys with support staff.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: 3
17.Q: What is the largest number of staff you have overseen, and where?
A: 3
18.Q: What is your current employer's operating budget, in dollars?
A: 43,000,000
19.Q: For what portion of budget are you responsible, in dollars?
A: 0.00
20.Q: What is the largest budget you have ever been responsible for, and where?
A: 0.00
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 48
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: DANIELLE DOUGLAS Address:
PLEASANT HILL, California US
Home Phone:Alternate Phone:
Email: ddouglas38@att.net
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$258,000.00 per year
Are you willing to relocate?Yes
Types of positions you will accept:Regular
Types of work you will accept:Full Time
Types of shifts you will accept:Day , Evening , Night , Rotating ,
Weekends , On Call (as needed)
Objective
I am seeking an appointment to the position of
Contra Costa County District Attorney.
Education
Professional
McGeorge School of Law, University of the
Pacific
8/1996 - 5/1999
Sacramento, California
Did you graduate: Yes
College Major/Minor:
Degree Received: Professional
College
Missouri Western State University
8/1993 - 5/1996
St. Joseph, Missouri
Did you graduate: Yes
College Major/Minor: Criminal Justice/Legal
Studies
Degree Received: Bachelor's
Work Experience
Judge
8/2014 - Present
Superior Court of California, Contra Costa
County
Richmond, California
Hours worked per week: 40
Monthly Salary: $0.00
May we contact this employer?
Duties
Preside over jury trials, preliminary hearings, motions, unlawful detainers, small claims, and
restraining order hearings
ASSISTANT DISTRICT ATTORNEY
8/2013 - 8/2014
San Francisco District Attorney's Office
San Francisco, California
Hours worked per week: 40
Monthly Salary: $0.00
May we contact this employer?
Duties
August 1, 2017 Contra Costa County Board of Supervisors Minutes 49
Assignment: Homicide
Litigated three homicides to verdict
DEPUTY DISTRICT ATTORNEY
1/2000 - 8/2013
Contra Costa County District Attorney's Office
Martinez, California
Hours worked per week: 40
Monthly Salary: $0.00
May we contact this employer?
Duties
Assignments included: Gangs/Homicide, Sexual Assault, Calendar, Domestic Violence; Felony
Trial Unit; Juvenile Unit; Welfare Fraud Unit; Misdemeanor Unit
53 felony jury trials litigated to verdict; offenses included: gang homicide, homicide, rape, child
molestation, arson, corporal injury to spouse, robbery, possession of drugs for sale, vehicle theft,
vehicular manslaughter, and driving under influence.
Litigated more than 30 Juvenile Contests to decision; offenses included: rape, child molest,
robbery, grand theft, vehicle theft, possession of drugs for sales, and burglary.
Presented more than 75 preliminary examinations; offenses included: homicide, gangs,
attempted murder, stalking, torture, mayhem, welfare fraud, identity theft, and residential
burglary.
Litigated complex legal issues. Issues included Forfeiture by Wrong Doing, Crawford, Evidence
Code section 1109
Certificates and Licenses
Skills
Office Skills
Typing:
Data Entry:
Additional Information
Professional Associations
Graduated with Order of the Barristers honor
Professional Associations
of McGeorge's Mock Trial Competition Team
Professional Associations
California Judges Association, member of Compensation and Benefits Committee
Professional Associations
California Association of Black Lawyers - Judicial Section, Secretary
Professional Associations
Community Violence Solutions, Former
Professional Associations
California District Attorneys Association, Former
Professional Associations
Contra Costa County District Attorneys Association, Former
Professional Associations
Antioch Planning Commission, Former Commission
Honors & Awards
Dean's List, 1995, 1996
Honors & Awards
August 1, 2017 Contra Costa County Board of Supervisors Minutes 50
High School Mock Trial Coach/Judge
Honors & Awards
CASA - Court Appointed Special Advocate
References
Resume
Text Resume
Attachments
Attachment File Name File Type Created By
Danielle's resume 3.doc Danielle's resume 3.doc Resume Job Seeker
Redacted application Danielle Douglas Other LaShonda Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Contra Costa County Website
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 51
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: I have spent seventeen years working in the criminal justice system, fourteen of those
as a prosecutor in both the Contra Costa County District's Attorney and the San
Francisco District Attorney's Office. As a prosecutor I handled cases ranging from
driving under the influence allegations to gang murder charges. I litigated over sixty
criminal jury trials. I served in almost every unit within a district attorney’s office,
including homicide, gangs, sexual assault, domestic violence, and welfare fraud.
I left the Contra Costa County District Attorney’s Office for the San Francisco County
District Attorney’s Office in 2013 for personal and professional reasons. The San
August 1, 2017 Contra Costa County Board of Supervisors Minutes 52
Francisco District Attorney hired me to be a homicide prosecutor. During my time in
San Francisco, I saw the office experimenting with many innovative approaches to
reduce recidivism, including a broad array of collaborative courts and the restorative
justice programs of their Neighborhood Court program.
I was appointed to the Contra Costa County Superior Court of California by Governor
Brown in 2014 and for the last three years I have served as a judge handling mostly
criminal matters in the George D. Carroll Courthouse in Richmond. I relish the
opportunity to interact with attorneys, litigants and jurors, not as an advocate, but as a
fair and neutral arbiter. I have presided over sixty criminal jury trials and I have
presided over every non-trial aspect of a criminal case from arraignments, motion and
preliminary hearings, to sentencing and probation violation hearings.
5.Q: Describe your organizational and management experience.
A: During my career as a judge I have supervised the Richmond Branch of the Superior
Court of California, Contra Costa County. As the supervisor of the Richmond
Courthouse, I managed over 28 employees and two judges. I was responsible for
creating the weekly schedule assigning judges to particular tasks, summoning 50 to
200 jurors a week for trials, and handling day to day tasks. The day to day tasks varied
from reassigning staff, counseling judges, to handling a one day interpreter strike.
As a judge I also supervise my courtroom staff. I am responsible for making sure my
courtroom operates efficiently. I am in charge of making sure the courtroom is secure,
minute orders are done correctly, the transcript of the proceeding is being accurately
recorded, and the attorneys behave in a professional manner. Often I preside over jury
trials, which requires that I manage every aspect of the jury selection process, and that
I also manage the attorneys' and litigants' expectations for trial. My role, in addition to
being an umpire ruling on the legal issues that arise during a trial, is akin to that of a
director of a stage play. Before and during the trial I confer with all parties to organize
and adhere to a schedule for pretrial motions, pre-instruction of the jury, opening
statements, the presentation of witnesses and other evidence, closing legal instructions,
closing arguments and all matters required to be heard outside the presence of the
jury. A good judge manages a trial so that it seems as if each part of the trial follows
naturally one after another, like scenes in a seamless theatrical production.
Of the five basic styles of leadership discussed in modern business programs (laissez
faire, autocratic, participatory/democratic, transactional, and transformational), the
style of management I employ as a judge is mainly transformational with elements of
participatory/democratic. I believe that by valuing the input of employees, the
democratic management style works to increase their motivation and to raise morale.
However, the democratic management style can become slow and burdensome without
the transformational management approach, in which leaders and supervisors lead with
clear communication and visibility.
When serving as the Supervising Judge in Richmond, I learned that being a supervisor
or manager of a court is an entirely different job from that of being a judge assigned to
an individual courtroom. When faced with a decision, I sought input from other judges,
court administrators, court supervisors, court employees and any stakeholders relevant
to the issue. When I made decisions, I met with those affected to ensure they were "on
board" and motivated to support the organizational goals.
In applying for the position of District Attorney, I am fully aware that being the District
Attorney is fundamentally different from being a deputy district attorney. My experience
as a judge and line prosecutor give me a solid foundation to lead the office through a
much needed culture change.
In addition, I possess the following qualities that will be of benefit should I be selected
as your District Attorney:
> I am a good listener and have the ability to synthesize differing views of others;
> I am ultra-organized and detail-oriented and will use these skills to keep efficiency in
the office at a high standard;
August 1, 2017 Contra Costa County Board of Supervisors Minutes 53
> I have good instincts about people and will work with the varying factions to unify the
District Attorney's Office;
> I am an out-of-the box manager, always looking for new approaches to increase
success; and
> lastly, I am interested in looking for budget-saving approaches that have proven
effective in other offices throughout the State.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: In Contra Costa County too many misdemeanor cases go to trial. In recent statewide
measures, Contra Costa County ranked second highest in California in number of
misdemeanor trials as a percentage of cases filed. There are several factors that
contribute to this, some of which are due to the management and policies of the
prosecution, and some of which are outside the control of the District Attorney’s Office.
However, the office's focus on punishment rather than rehabilitation when handling low
level misdemeanor violations of the law has resulted in an extraordinary number of
misdemeanor cases unnecessarily going to trial. The cost associated with misdemeanor
jury trials could be better spent on victims of violent crimes, assisting the mentally ill,
or rehabilitative services that would lessen the recidivism rates.
One structural reason for the high number of misdemeanor trials is that deputy district
attorneys are expected to conduct a certain number of trials in order to receive
promotions within the office which in turn incentivizes prosecutors to unnecessarily
force cases to trial. Further, relatively inexperienced deputy district attorneys make the
filing decisions and negotiate dispositions in misdemeanor cases.
For the past ten years the Contra Costa County District Attorney’s Office has also
struggled with retention of attorneys. There has been high attrition from the ranks of
both veteran prosecutors and young lawyers. Losing veteran prosecutors is obviously
problematic; it forces younger attorneys to handle serious matters for which they lack
the proper experience. At the same time, the office has lost many promising attorneys
to other Bay Area offices. From personal experience, I can attest that the significant
reasons for the high turnover has been a lack of integrity, direction and leadership
within the District Attorney's Office.
The Contra Costa District Attorney’s Office has been marked by an old-fashioned
authoritarian management style, tainted with nepotism and favoritism. The headline
grabbing stories about the unprofessional culture within the office are indicative of a
dysfunctional office environment.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: I cannot answer the question of why I want to serve as District Attorney for Contra
Costa County without first explaining my background and experiences. I grew up in an
upper middle class neighborhood in Redwood City, California. My mother, caucasian,
and my father, African-American, worked blue collar jobs living paycheck to paycheck
so they could afford to live in a neighborhood where their three children could attend
good schools. When we first moved into that “good neighborhood”, our next door
neighbor stated he was going to get a rope to hang my black father because he was
married to a white woman. Fast forward eight years, that same neighbor shook my
dad’s hand stating he had a good family and was raising decent children. On that day I
learned diversity was one way to combat ignorance.
Living in an affluent neighborhood, my family did not have much contact with law
enforcement. However, I recall my father lecturing my brother about how to behave if
he were ever contacted by the police. My father warned my brother to follow all
instructions given by a police officer without any hint of an attitude. At that time, I did
not really understand the gravity of my father’s words. I am not suggesting my father
or family had any animosity against law enforcement. As a matter of fact, I equally
remember my grandfather, a pastor, giving a sermon one Sunday in church about race
and the police. My grandfather was explaining how he had been stopped in Texas by a
state trooper for speeding. My grandfather recounted that he told the officer he was
speeding because he was trying to get back to California before a storm hit. What my
grandfather explained he did not do was accuse the officer of only pulling him over
because of the color of his skin. Although there was not a cloud in sight, the officer
August 1, 2017 Contra Costa County Board of Supervisors Minutes 54
gave my grandfather a warning and sent him on his way. My grandfather told his
congregation if you want to get past racial prejudice then you have to overcome your
own bias as well. On that day I learned everyone should be judged on their own
character and merit.
The road to becoming a Deputy District Attorney was not easy for me. I had my first
child in my senior year of high school. Against all odds, I graduated high school and
finished college. In fact, I was the first person in my family to go to college. Needless to
say, as a teenage single mom I did not have the normal college experience. I had to
pay my own way through college with a young child. There were times I did not know if
I was going to be able to pay my bills that month. I remember being in the grocery
store, making sure no one I knew was around before I pulled out the food stamps I
needed to buy groceries. Fortunately, I had a college professor who believed in me and
encouraged me to go to law school. At the age of 26, after graduating law school and
passing the bar, I was sworn in as a Deputy District Attorney. I cannot tell you how
proud I was, as a 26 year old mother of two daughters who had just recently been on
public assistance, to hold the title of Deputy District Attorney. On that day I learned
there is nothing more fulfilling than overcoming adversity and at the same time being
able to give back to the community.
Supreme Court Justice Sonia Sotomayor famously said, “I would hope that a wise
Latina woman with the richness of her experiences would, more often than not, reach a
better conclusion [than a white male judge.]” Let me be clear that I do not think I am a
better judge or would be a better District Attorney than a white male merely because I
am a biracial woman who has overcome obstacles to reach my current position. The
advantages of diversity are not that facile.
The qualities that would make a great District Attorney have little if anything to do with
one’s race, gender or background. These qualities include:
A willingness to see both sides of an issue before deciding.
The ability to understand and empathize with people who are different from oneself.
Compassion for those who have suffered, who are disadvantaged, or are unable to
provide for themselves.
A rigorous dedication to the rule of law, fairness and justice.
Recognizing when an individual’s situation requires an exception to the rules.
My background has burned these values into me, and I would bring these qualities to
the position I now seek.
I want to be the Contra Costa County District Attorney to ensure the office instills pride
within Contra Costa County prosecutors and the community. I want to be the Contra
Costa County District Attorney to ensure justice is applied equally to all no matter their
background, race, gender, sexual orientation, or socioeconomic status. I want to be the
Contra Costa County District Attorney to increase diversity within the office because
that would increase awareness about the differing perspectives and challenges of all
Contra Costa citizens. Finally, I want to be the Contra Costa County District Attorney
because I can do the job well and with integrity.
I would especially like the opportunity to work with County Supervisors, our Deputy
District Attorneys, law enforcement, and individuals in our varying communities to
make this District Attorney's Office the best in this region and in our state.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: I would implement the following strategies to restore and maintain public confidence in
the District Attorney’s Office:
I would establish an integrity unit within the District Attorney’s Office. The integrity unit
August 1, 2017 Contra Costa County Board of Supervisors Minutes 55
would be responsible for investigating allegations of Brady violations, prosecutorial
misconduct, and other ethical violations. I have seen this concept implemented at the
San Francisco District Attorney’s Office and have found this to be an excellent strategy
in maintaining the highest ethical standards within a District Attorney’s Office. The
integrity unit would, also, be tasked with providing ethical advice to prosecutors within
the office.
I would implement a data driven approach to measure the performance of the office
and individual Deputy District Attorneys. A data driven approach is necessary to ensure
that the criminal justice system is being administered fairly and that the office and its
employees are performing well. I envision that performance data would be posted on
the Contra Costa County District Attorney's website as well as presented at the annual
state of the office delivered to the community.
I would give an annual state of the office address to the public. Years ago, District
Attorney Robert Kochly implemented a state of the office address delivered annually to
the members of the office. I would expand this idea giving a state of the office speech
annually to the community in all five regions of Contra Costa County. I would conclude
the public address by answering questions and garnering input from the community.
I would establish a conviction review unit. Conviction review by prosecutors is one of
the major currents of reform in the criminal justice system, and stems from the
recognition that prosecutors more than anyone should be working to exonerate the
wrongfully convicted. The conviction review unit would investigate claims of actual
innocence based upon newly discovered evidence. A credible conviction review unit is
vital to maintaining the public's confidence in its prosecution agency.
Lastly, a leaders success depends on his or her ability to know what is going on and to
deal early-on with challenges before they become serious problems. If I am honored
with your trust, I will be a "present" District Attorney, tuned into what is going on in the
office.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: All Deputy District Attorneys would receive training to recognize indicators suggesting a
defendant may be suffering from mental illness. Once a defendant has been so
identified, a highly and specially trained deputy district attorney would be assigned to
handle the case until resolution.
I would hire a social worker on staff whose job would be to identify services, connect
the defendant to those services, and provide assistance to the defendant's family. The
Deputy District Attorney assigned to the case and the social worker would follow the
case until probation or diversion was completed.
The District Attorney’s Office would support and expand Behavioral Health Court which
is a program that emphasises outpatient and residential treatment for those suffering
from co-occurring disorders as an alternative to jail.
Further, I would work closely with law enforcement in identifying best practices for first
responders to deploy when they come into contact with the mentally ill in our county. I
would initiate a program to provide free training to first responders on how to safely de-
escalate situations involving the mentally ill.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: One of the very first murder cases I handled was an extremely difficult case where all
the witnesses were uncooperative. When I first met with the murder victim’s family, I
August 1, 2017 Contra Costa County Board of Supervisors Minutes 56
explained the court process to the family but did not explain all the difficulties of the
case. After the preliminary hearing, the District Attorney’s Office decided to offer the
defendant a manslaughter plea, a reduced charge. In compliance with Marcy’s Law, I
invited the family to my office to explain the proposed resolution of the case. The
mother of the victim, upon learning the office was going to offer a manslaughter charge
to the defendant, began to sob hysterically. I sat next to the mother quietly and let her
digest everything I had just said. When the mother stopped crying she asked me “what
would you think of this offer if it was your child who had been murdered?" I was taken
aback but explained how I would feel as a mother and then I explained how I feel as an
attorney. On that day I learned when explaining the process and potential resolutions to
victims and their families you cannot sugar coat the potential outcomes. Victims and
their families deserve and need to know the whole picture at the earliest possible time.
While I thought I was sparing their feelings and potential needless anguish by not
discussing the problems with the case at our first meeting, I only made the outcome
more difficult to grasp.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: One of the most significant and complex legal matter I handled as a prosecutor was a
gang homicide that occurred in Antioch. A sixteen year old male, a suspected Sureño,
was at a birthday party when a group of rival gang members, Norteños showed up.
During the party the Norteños began beating the sixteen year old victim. Then one of
the Norteños pulled out a gun and shot the victim. The case was sent out to jury trial
against five defendants. Two defendants immediately pled guilty and I went to trial
against the three remaining defendants. Before the trial began there were many legal
issues that had to be litigated. A determination had to be made as to what hearsay
statements could be introduced, what evidence the gang detective could rely on in
forming his opinion, whether certain evidence was too inflammatory for a jury to hear
and whether witnesses’ addresses would be disclosed when there was a real possibility
the witnesses were in jeopardy of retaliation. The trial went reasonably well but the jury
hung 11-1 on two defendants and 10-2 on the third defendant.
The second time the case went to trial I offered one of the three defendants a deal if he
testified against the shooter and the person who instigated the fight. He agreed and
pled. So I went to trial again but this time against the last two defendants. Again there
were numerous issues to litigate including how my new witness could be impeached.
Even with the difficulties of having a defendant turned witness, the trial went
remarkably well. Both defendants were convicted of murder. After the verdict the
victim’s mother sobbed and thanked me. It is worth noting that the victim’s mother
never missed a day of either trials.
The decision to give one defendant or some defendants a plea offer while prosecuting
other defendants to the fullest extent of the law is always complicated. In making this
decision I always look to two factors, culpability and redemption. I try to find
defendants who are not only the least culpable but also defendants who have a chance
at being rehabilitated.
13.Q: What is the size of the population/client base served by current employer?
A: 1.111 million residents of contra costa county are responsible for electing Superior
Court judges in Contra Costa County.
14.Q: To whom do you currently report, by title?
A: Honorable Joni Hiramoto
Honorable Jill Fannin
15.Q: What number of staff are employed by current employer?
A: My current employer employs approximately 325 people.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 57
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: I directly supervise 3 people.
I indirectly supervise 28 people.
17.Q: What is the largest number of staff you have overseen, and where?
A: The largest number of staff I have overseen was/is 28 staff members at the Richmond
Courthouse.
18.Q: What is your current employer's operating budget, in dollars?
A: Approximately 56 million dollars.
19.Q: For what portion of budget are you responsible, in dollars?
A: I currently serve on the jury and facilities committees. While there is no specific budget
for those two committees, I am responsible for ensuring the two committees operate in
a cost efficient/effective manner. Of the 56 million dollar court budget approximately
1.5 million dollars of the budget is/was spent on jury services and court facilities.
20.Q: What is the largest budget you have ever been responsible for, and where?
A: 2 million dollars while serving on the board of Community Violence Solutions.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 58
PLEASANT HILL , CA
PHONE ( E-M AIL ADADOUGLAS40 @ GMAIL.COM
DANIELLE DOUGLAS
PROFESSIONAL SUMMARY
Over seventeen years of professional experience working in the criminal justice system as
both a fair and neutral arbiter of the facts and as an ethical advocate.
PROFESSIONAL EXPERIE NCE
JUDGE
Superior Court of California, Contra Costa County, Richmond Courthouse
Preside over jury trials, preliminary hearings, motions,
unlawful detainers, small claims, and restraining order
hearings.
ASSISTANT DISTRICT ATTORNEY, August 2013 – August 2014
San Francisco District Attorney’s Office, San Francisco, CA
Assignment: Homicide
Litigated three homicide cases to verdict.
DEPUTY DISTRICT ATTORNEY, Jan. 2000-Aug. 2013
Contra Costa County District Attorney’s Office, Martinez , CA
Assignments included: Gangs/Homicide, Sexual Assault,
Calendar, Domestic Violence; Felony Trial Unit; Juvenile
Unit; Welfare Fraud Unit; Misdemeanor Unit
53 felony jury trials litigated to verdict; offenses included:
gang homicide, homicide, rape, child molestation, arson,
corporal injury to spouse, robbery, possession of drugs for
sale, vehicle theft, vehicular manslaughter, and driving under
influence.
Litigated more than 30 Juvenile Contests to decision;
offenses included: rape, child molest, robbery, grand theft,
vehicle theft, possession of drugs for sales, and burglary.
Presented more than 75 preliminary examinations; offenses
included: homicide, gangs, attempted murder, stalking,
torture, mayhem, welfare fraud, identity theft, and residential
burglary.
Litigated complex legal issues. Issues included: Forfeiture by
Wrong Doing, Crawford, and Evidence Code section 1109.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 59
EDUCATION
JURIS DOCTOR, 1999
McGeorge School of Law, University of the Pacific, Sacramento, CA
Graduated with Order of the Barristers honor
Member of McGeorge’s Mock Trial Competition Team,
1998, 1999
BACHELOR OF ARTS, Criminal Justice, 1996
Missouri Western State University, St. Joseph, MO
Dean’s List, 1995, 1996
BOARDS AND COMMIT TEES
California Judges Association, Current member of Compensation
and Benefits Committee
California Association of Black Lawyers - Judicial Section, Current
Secretary
Community Violence Solutions, Former Board Member
California District Attorneys Association, Former Board Member
Contra Costa County District Attorneys Association, Former
Secretary
Antioch Planning Commission, Former Commission Member
COMMUNITY SERVICE
High School Mock Trial Coach/Judge
CASA – Court Appointed Special Advocate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 60
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Paul J. Graves Address:
Martinez, California US
Home Phone:Alternate Phone:
Email: pj_graves@msn.com
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$190,000.00 per year
Are you willing to relocate?No
I currently live in Contra Costa County, so would not need
to relocate in order to accept a position
Types of positions you will accept: Regular
Types of work you will accept: Full Time
Types of shifts you will accept: Day
Objective
To become the next District Attorney
of Contra Costa County
Education
Graduate School
McGeorge School of Law
http://www.mcgeorge.edu/
8/1992 - 6/1995
Sacramento, California
Did you graduate: Yes
College Major/Minor: Juris Doctor
Degree Received: Doctorate
College
Loyola Marymount University
http://www.lmu.edu/
8/1987 - 6/1991
Los Angeles, California
Did you graduate: Yes
College Major/Minor: History/ Philosophy &
Political Science
Degree Received: Bachelor's
Work Experience
Senior Deputy District Attorney
7/1995 - Present
Contra Costa County District Attorney's Office
http://www.co.contra-costa.ca.us/203/District-
Attorney
900 Ward Street
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $15,000.00
# of Employees Supervised: 16
Name of Supervisor: Tom Kensok -
Assistant District Attorney
May we contact this employer? Yes
Duties
I have been employed at the Contra Costa County District Attorney's Office for 22 years. During
that time I have been assigned to the following divisions: (1) misdemeanor trial team (one year);
(2) felony trial team (two years); (3) homicide trial team (three years); (4) Superior Court
Calendar Deputy (one year); (5) Felony Filing Deputy (three years); (6) Law and Motion (one
year); (7) Juvenile Division (3 months); (8) Sexual Assault Unit prosecuting under a grant
August 1, 2017 Contra Costa County Board of Supervisors Minutes 61
specific to Child Sexual Assault crimes (three years, 6 months); Felony Expeditor (2 years);
Homicide Supervisor (2 years); Senior Deputy District Attorney (one and a half years)
Certificates and Licenses
Skills
Office Skills
Typing:
Data Entry:
Additional Information
Honors & Awards
Victim Witness Outstanding Service to Victims of Crime 2007
Nominated for State Prosecutor of the Year 2010
References
Professional
Canepa, Honorable Theresa
Contra Costa County Superior Court Judge
Professional
Gleason, Colleen
Deputy District Attorney Advanced Level
Resume
Text Resume
Attachments
Attachment File Name File Type Created By
Paul Graves References.pdf Paul Graves References.pdf References Job Seeker
Redacted Application Paul J Graves Other LaShonda Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A: N/A
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
August 1, 2017 Contra Costa County Board of Supervisors Minutes 62
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: Yes
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A: Senior Deputy District Attorney
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A: I work in the Office of the District Attorney
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
August 1, 2017 Contra Costa County Board of Supervisors Minutes 63
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: For twenty-two years, I have been honored to represent the people of Contra Costa
County as a prosecutor with the District Attorney’s Office. Because of this experience, I
understand our justice system and the Contra Costa District Attorney’s Office inside and
out. I have prosecuted approximately 70 jury trials involving nearly every type of
crime: rape, drug possession and sales, identity theft, assault, attempted murder and
murder, robbery, carjacking, domestic violence, child molestation, and gang cases.
PRACTICING VICTIM-CENTERED JUSTICE FROM MY FIRST POSITION IN THE
MISDEMEANOR UNIT:
After completing law school, I was hired by the Contra Costa County District Attorney’s
Office in 1995 and spent my first year in the Misdemeanor Unit. This early experience
taught me a central principle that has guided my career as a prosecutor and will guide
my approach as our District Attorney: that while all crimes, even misdemeanor crimes,
can devastate lives, each presents an opportunity for a prosecutor to change and
improve lives through victim advocacy.
For example, in 1996 I prosecuted a domestic violence case where the victim was a
heroin addict who was so desperate for her fix that she would prostitute herself in
exchange for drugs. The situation was tragic, but also presented an opportunity. I made
sure the victim knew that I was her advocate and wouldn’t let the system fail her. While
ensuring that the defendant was held accountable for the horrendous abuse, I worked
with both law enforcement and community agencies to make sure the victim received
support services. Through our combined efforts, she was able to get control over her
life, remain drug free, and regain custody of her children.
IMPLEMENTING PREVENTATIVE AND PROACTIVE JUSTICE IN THE JUVENILE UNIT:
I joined the Juvenile Unit in 1997, during which time I was responsible for handling all
stages of cases where the defendants were under age 18. Trying cases in our Juvenile
Unit showed me that while misdirected young people often make negative choices that
harm their community and themselves, each situation presented an opportunity and
responsibility for me to try to make positive change. During every case disposition, I
learned who the offender was and how his or her life circumstances influenced their
choices. I also saw to it that, whenever possible, their sentences could be structured
towards getting the offender on a path to become a productive member of the
community.
As our District Attorney, I would maintain a strong focus on preventative and proactive
approaches to keep our community safe. If we can truly rehabilitate someone while
keeping the public safe, we have the responsibility to consider alternative methods of
punishment.
TWO YEARS PROSECUTING DIVERSE AND COMPLEX CASES ON THE FELONY TRIAL
TEAM:
From 1997-1998 and 2000-2001, I completed two separate placements on the felony
trial team where I conducted preliminary hearings, jury trials, and grand jury cases.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 64
Because the cases dealt with almost every crime imaginable, I have a broad knowledge
base on how we should prosecute offenses ranging from identity theft, vehicle theft and
possession/sale of drugs to more serious felonies such as assault with a deadly weapon,
vehicular manslaughter, robbery, gang cases, carjacking, kidnapping, and attempted
murder.
This breadth of experience will serve me well as District Attorney, as I would oversee
the prosecution of all crimes in our county.
THREE YEARS PROSECUTING GANGS AND HOMICIDES IN THE HOMICIDE UNIT:
After my fifth year in the office I was entrusted with my first murder case, and shortly
thereafter, I spent three years in the Homicide Unit prosecuting numerous murder
cases involving gang members, child and elderly victims, domestic violence murders,
and felony murders. In 2007, I was awarded the Victim Witness Award for Outstanding
Service to Victims of Crime for my work in the Homicide Unit.
PROSECUTED TWO COMPLEX CAPITAL CASES:
Capital cases are some of the most complex cases a DA will prosecute; I have
prosecuted two of them. The responsibility involved combined with the multifaceted set
of unique legal issues allowed me to grow as both a prosecutor and a legal practitioner.
My first capital case was People v. Fregia, in which the defendant set his ex-girlfriend
and two children on fire in a moving car, killing the children and leaving their mother
burned over 85% of her body. After a complex, emotional, and lengthy trial, this case
resulted in two consecutive sentences of life without parole. While the jury did not
render a death verdict, I appreciated their thoughtfulness and respected that they
represented the voice of our community.
My second capital case was People v. McNew, in which the defendant brutally raped and
murdered a 90 year old woman. Right before the trial was scheduled to begin, the
defendant pleaded guilty for a sentence of life without parole. This plea agreement was
successful as it spared the victim’s family the emotional trauma of a trial, saved county
resources, ensured that the community would be kept safe from the defendant, and
respected the wishes of the victim’s family that we not seek the death penalty.
As these experiences with capital cases demonstrate, it is imperative that prosecutors
listen to the voices of those most impacted by criminal conduct, while keeping in mind
the overarching goals of protecting the community and enforcing laws.
PROTECTING OUR MOST VULNERABLE VICTIMS IN THE SEXUAL ASSAULT UNIT:
Later in my career, I spent over three years in the Sexual Assault Unit, working under a
grant for prosecution of cases involving child victims. During this time I prosecuted
some of the worst child molesters in our county. These are extremely emotional and
disturbing cases for all involved, but I know I have met true heroes when I watch a
child point out his/her abuser in court, see a human trafficking victim stand up to her
trafficker, or witness some resolution and healing for a rape victim.
Based on my deep commitment to this area of law, I have become recognized by law
enforcement and prosecutors as the resident expert in how to properly investigate and
prosecute these type of cases, and how to ensure that victims are not retraumatized by
the criminal justice system. In 2010, my peers nominated me for the 2010 State
Prosecutor of the Year for my work on sexual assault cases.
As District Attorney, I would ensure that we continue to bring justice for our
community’s most vulnerable victims.
MAKING THE RIGHT DECISIONS AND OFFERS, INNOVATIVE SENTENCING IN PLEA
NEGOTIATION AND ETHICAL CASE FILING:
In addition to my trial experience, I also served one year as as the Felony Calendar
Deputy, where I was responsible for making plea and sentencing offers on all felony
August 1, 2017 Contra Costa County Board of Supervisors Minutes 65
cases prior to trial. This interaction with the court and defense attorneys required
negotiating and disposing of cases and coming up with creative solutions to address
problems unique to a particular situation.
I also served as the Felony Filer in both Central County and West County. It was my
responsibility to review all potential felony cases that were not assigned to a “special
unit” (such as Sexual Assault or Homicide). My role was to determine if charges could
ethically be filed and what charges were appropriate under the circumstances, taking
into account the suspect’s prior record and the nature of the offense.
Both of these assignments were rewarding as well as challenging. For example, police
detectives were sometimes frustrated when I wouldn’t file charges against a suspect
because I believed the evidence did not support the charges or we could not prove the
case beyond a reasonable doubt. I believe a leader must have the strength of character
to do the right thing whether the decision is popular or not. As District Attorney, I would
always live by this principle.
5.Q: Describe your organizational and management experience.
A: In the last six years, I have held several management positions in the office, each one
providing invaluable experience and insight into the complexities and responsibilities of
overseeing the casework of other prosecutors, both junior and senior. I believe that a
District Attorney needs to be accessible and responsive not only to the attorneys they
supervise, but also to the law enforcement community, community partners, and
victims of crime.
SUPERVISING OUR PRELIMINARY HEARING TEAM AS FELONY EXPEDITER:
From 2012 to 2014, as the Felony Preliminary Hearing Expediter, I supervised the
newer attorneys conducting preliminary hearings, helping them develop and grow in
areas of skill and judgement. In this role, I made plea/sentencing offers to the defense
attorneys in advance of the preliminary hearings, reviewed cases after the preliminary
hearings to determine if the case should be sent on for trial, and, if so, what further
investigation needed to be done, and ensured that the charges were accurate and fairly
reflected the defendant’s conduct and the facts of the case.
HOMICIDE SUPERVISOR, WORKING WITH VETERAN PROSECUTORS:
I was promoted to lead the Homicide Unit in 2014. For two years, I reviewed every
homicide case and determined whether or not charges should be filed, whether further
investigation needed to be done before filing, or whether charges should not be filed
because of lack of evidence. I always made myself available to explain to the victim’s
family the reasoning behind each decision.
Once a case was filed, I worked with the assigned attorney to determine what further
investigation needed to be done, provided guidance on a multitude of details, and
developed trial strategy. My management responsibilities also included making any pre-
trial offers. This required identifying any potential issues that might result in a jury
returning a lesser verdict, as well as listening to the defense attorney’s presentation of
evidence in mitigation and their theory of the case. Using my experience and
judgement, my goal was to propose a reasonable offer that was based on case law, and
which reflected the potential risks of going to trial, the probable verdict, and the likely
sentence after trial.
As a manager, I encouraged the unit’s prosecutors to also remain victim-focused
throughout the process. I always included the victim’s family in discussions, and
whenever possible, would hold in-person meetings where I or the assigned attorney
explained the reasoning behind any offer. As District Attorney, I would continue to
emphasize this victim-focused approach.
SENIOR DEPUTY DISTRICT ATTORNEY, FAMILY VIOLENCE/SEXUAL ASSAULT UNIT:
In 2016, I was promoted to Senior Deputy District Attorney in charge of the Family
Violence/Sexual Assault Unit, a position I currently hold. I supervise 15 attorneys,
August 1, 2017 Contra Costa County Board of Supervisors Minutes 66
including another supervisor. I am responsible for: seven sexual assault attorneys, two
attorneys who staff the interviews at the Children’s Interview Center, the Domestic
Violence Unit Supervisor, the four Domestic Violence prosecutors, the Human
Trafficking Deputy, and the Elder Abuse prosecutor.
The Family Violence Unit is one of the largest and busiest units in the office and serves
some of our most vulnerable victims: children, domestic violence victims, and the
elderly. The complex challenges faced by this unit go far beyond just filing and
prosecuting cases. Every day we are faced with horrific crimes and with deeply
traumatized victims who need special attention throughout the process. We work
closely with our community partners (Community Violence Solutions, Alliance to End
Abuse, and STAND) and our Victim Witness Advocates to make sure the victims get the
support services they need throughout the criminal justice process and beyond.
In addition to supervising and advising the prosecutors in my unit on trial strategy, I
am responsible for reviewing approximately 500 cases per year and making filing
determinations on offenses involving sexual assault, distribution and possession of child
pornography, indecent exposure, failure to register as a sex offender, and child abuse. I
am responsible for any pre-trial offers, making sure those offers are communicated to
victims and their families, and ensuring that all input is considered prior to finalizing
any offer.
I believe that the responsibility of a manager is not just to do their own job, but to be
proactive in ways that help others do their jobs effectively and which further the larger
goals of the entire office. That’s why in addition to these management roles, I have
taken a proactive leadership role in several other areas and would continue to do so as
District Attorney.
BUILDING A NEW COALITION TO FIGHT HUMAN TRAFFICKING IN CONTRA COSTA
COUNTY:
When I became Supervisor of the Family Violence/Sexual Assault Unit, I saw that our
treatment of human trafficking crimes is woefully inadequate. This is a priority area for
me, and I have been working with nonprofit organizations and community partners to
create a strategy to address the high incidence of local human sex trafficking. This
“industry” victimizes a huge number of women and girls, particularly from marginalized
communities.
A key element of our strategy is educating law enforcement so they can both properly
investigate the cases and avoid criminalization of the victims. I have been working with
law enforcement to focus them on new strategies that target the exploiters, and to
work towards a joint agency task force that will conduct targeted enforcement around
the county.
In addition, I work with our community partners to ensure we have adequate resources
to provide the housing, job training, and counseling services that are vital to helping
exploited persons get their lives back. I’m proud that our efforts to proactively approach
the investigation of these crimes resulted in a case where we were able to identify,
arrest, and build one of the largest sex trafficking cases in Antioch’s history.
TRAINING LAW ENFORCEMENT:
My organizational and management experience has been further honed through my
training of our law enforcement agencies. After assuming charge of the Family Violence
Unit, I have participated in several trainings for law enforcement detectives in sexual
assault investigation and corroboration. The portion of the training that I lead includes:
how to properly conduct investigations in child and adult sexual assault cases; how to
treat victims; the services that are available for victims of sexual assault; how to
conduct interviews of children, adults, and suspects; the use of the Children’s Interview
Center for interviews; collection of evidence; and protocols for Sexual Assault
examinations. I also provided a training to local law enforcement on the investigative
technique of “pretext phone calls” that is a useful tool in obtaining corroboration
necessary for a sexual assault investigation.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 67
I have also been an instructor at the Law Enforcement Training Center since 2005,
instructing prospective officers in areas such as Crimes Against Persons, Presentation of
Evidence, Property Crimes, Search and Seizure, and Miranda Rights.
As a teacher, instructor, and manager, I’ve learned to be responsive to my audience
while attempting to inspire them to take ownership of their individual role in the
process. As District Attorney, I would continue to embrace this responsibility.
PROACTIVE PREVENTION PROGRAMS AND COMMUNITY OUTREACH -
COMBATTING ONLINE PREDATORS AND EDUCATING OUR YOUTH:
I strongly believe that the District Attorney has a responsibility to not just prosecute
crime but to work on prevention. Accordingly, as a manager, I have implemented
several internal and external programs that proactively intervene and educate in order
to prevent more people from being victimized.
I created and had investigators trained in the use of an online predator identification
program which targets individuals seeking out underage children for sexual acts. My
vision is that individual police agencies will partner with us and will then replicate this
proactive approach for their own use.
As head of our Family Violence Unit, I believe that we can and should appropriately
educate our youth in the area of sexual assault. I have developed a Sexual Assault
Awareness and Intervention Program that I am working to bring to all high school
seniors and community college students in Contra Costa County. The rates of sexual
assault are staggering. My program works to change the way we view each other and
treat each other, bystander intervention techniques, the importance of reporting to law
enforcement, and the services available to survivors of sexual assault. We began by
presenting to Diablo Valley College and Campolindo High School and are reaching out to
other schools to arrange additional presentations. After the presentation at Campolindo,
we had three separate disclosures from survivors of sexual assault.
Additionally, I have established a team to provide Internet Safety presentations for high
school freshmen and their parents aimed at reducing cyberbullying and online
victimization. Our District Attorney must prioritize crime prevention and community
outreach. I will seek to better connect our prosecutors with our community, fostering
transparency, trust and public safety.
ORGANIZATIONAL MANAGEMENT AND RESOURCE COORDINATION THROUGH
MULTIDISCIPLINARY TEAMS:
I actively participate in several Multidisciplinary Teams that bring together county
agencies, law enforcement and community partners. These include: 1) the Child Death
Review Committee, which examines all of the child deaths that occurred in Contra Costa
County to determine trends, identify means of preventing future deaths, and determine
if there was any criminal conduct involved; 2) the Sexual Assault Response Team,
which tracks the number of victims served, the examination and counseling services
provided, and the number of prosecutions, with the goal of improving service to victims
and increasing the number of successful prosecutions; and 3) the Children’s Interview
Center Team, which reviews the number of children interviewed at the center,
addresses any issues that arose between Children and Family Services, law
enforcement, and the center, and identifies means of improving services.
Coordinating complementary resources as well as bringing together points of view from
different backgrounds and perspectives are both key components to effective
management. As District Attorney, I would work to foster the synergy that occurs when
people and organizations with shared goals are brought together.
TECHNOLOGICAL INNOVATION - SUPERVISING THE NEW CASE MANAGEMENT SYSTEM:
I have been tasked with supervising the implementation of our case management
system (Prosecutor by Karpel). I monitor implementation progress, make policy
decisions regarding how information will be reflected in the system, determine work
flow for the data input, design statistical reporting structures, and supervise the clerical
August 1, 2017 Contra Costa County Board of Supervisors Minutes 68
staff member who manages the database.
We must bring our office into the 21st century in terms of technology and innovation,
and become more environmentally friendly in the process.
GAINING INSIGHT INTO THE RANK AND FILE PROSECUTORS AS PRESIDENT OF THE
DISTRICT ATTORNEYS' ASSOCIATION:
I was elected as the President of the Contra Costa District Attorneys’ Association and
served for three years. In that role, I helped to reshape our Association Board into a
more diverse group where different viewpoints and perspectives are valued. The Board
that was ultimately created included some of the most dedicated and talented attorneys
with whom I have had the privilege to work. I am proud to see that the diversity of the
Board and the quality of Association services has continued beyond my tenure as
President.
Together, we worked to transform our Association into a professional organization that
not only advocated for its members, but also served the community. Under my
leadership, we formalized and significantly expanded our tradition of chairing our
Community Violence Solutions Fundraiser, an annual event that now raises over
$30,000 every year for a community partner that struggles to meet the demand for
services. My role as President of the Association helped me further understand the
needs of all our prosecutors and helped me gain their trust in my ability to lead the
office.
LEADERSHIP SUMMARY - WIDE RANGING, INNOVATIVE EXPERIENCE:
The experiences and insights provided by my years as a prosecutor and a supervisor
are vital to the success of a new District Attorney. I believe our community would
benefit greatly by having this experience put to work on their behalf. As I describe in
other sections of this application, by unifying groups both inside and outside our office,
I aim to restore public trust in the office, rebuild bridges to the community through
transparent, proactive and victim-centered approaches, and facilitate justice at every
level.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Contra Costa County faces major challenges in both the administration of criminal law
and the pursuit of justice. The most pressing of these is the need to restore the trust
and faith in the District Attorney’s office, which I address directly in that section of this
application. As part of rebuilding this trust, Contra Costa County’s criminal justice
system must always be working harder to improve our relations with all communities.
The strength of these bonds directly impact the administration of justice. As District
Attorney my office would implement a thorough, wide-ranging and systemized outreach
effort to make sure all of our diverse communities are heard and feel represented and
served by our system. Without these bonds of trust, the other issues cannot be
effectively addressed.
As District Attorney, my approach to meeting all the challenges facing Contra Costa
County would be to take a fresh look and use an evidence-based method to evaluate
what has been working and what has not been working in our County. Just because “it’s
always been done that way” doesn’t mean it should be. It is through this lens that I
would assess both the internal workings of our office as well as the external factors that
continue to evolve and affect the administration of justice.
Some examples of opportunities for reform are (1) reducing the delay in bringing
criminal cases to resolution in an efficient manner; (2) eliminating the existence of trial
quotas as a basis for promotion; and (3) ending the one-size-fits-all mentality that
leads to the misallocation of resources in an age of evolving challenges.
INSTITUTIONAL DELAY IN THE ADMINISTRATION OF JUSTICE:
Justice delayed is justice denied. Imagine being a victim of crime and having to wait for
August 1, 2017 Contra Costa County Board of Supervisors Minutes 69
justice through all the stages of a criminal case. Imagine getting subpoenaed to come
to court multiple times, only to find out the hearing wasn’t happening that day. Imagine
the toll that it takes, especially with the more serious crimes, having to put your life on
hold before your case is resolved.
At the misdemeanor level, one rarely takes a case to trial that is less than a year old,
and at the felony level, delays are even worse. It is unjust to both the victim and the
defendant to have to endure unreasonable delays in the pursuit of justice and
resolution. As officers of the court, there is much we can do to prevent these delays and
inefficiencies.
When I first came into the Sexual Assault Unit, I was assigned a case in which the 13
year old victim had disclosed to law enforcement that she had been repeatedly
molested by her father since she was 6 years old. When I received the case, it had been
almost five years since the case was first filed. The unit had been run by the previous
District Attorney, and the case had changed hands three times before it was assigned to
me. Fortunately, I was able to bring the case to trial within that year.
In all of the departments I have supervised, I have personally worked to make sure
those delays do not happen under my watch. I keep track of each case assigned to my
attorneys and do regular check-ins to make sure that their cases are progressing
appropriately. While some of the causes of the institutional delays are beyond the
control of the Office of the District Attorney, we must work collaboratively with other
agencies (Office of the Public Defender, private defense bar, and the Courts) to
streamline case disposition through consistency in pre-trial treatment of cases and
sentencing, and with incentives for early acceptance of responsibility. As we modernize
our office, discovery processes will become more efficient, attorneys will be able to
maximize their time and justice will prevail.
PROMOTING ATTORNEYS BASED ON QUALITY AND JUDGEMENT, NOT TRIAL QUOTAS:
One of the huge flaws with the prior administration was that a newer attorney’s merit
and promotional opportunities were based on the number of cases that they took to
trial. It didn’t matter what the true value of the case was, or whether the defendant
was willing to accept a reasonable offer. If an attorney wanted to be promoted, they
had to reach a certain number of jury trials.
The majority of the office viewed this as unethical, contradictory to justice, and a waste
of court resources. Decisions on whether or not a case should go to trial should never
be made based on a quota system, or because an attorney needs trial experience.
As District Attorney, I will not base promotions simply on the number of jury trials an
attorney has done, but on the quality and effectiveness of their overall work. I will
eliminate whatever is left of the quota system that was promulgated by the previous
administration.
ONE-SIZE-FITS-ALL DOES NOT WORK - SHIFTING RESOURCES TO MEET NEW
CHALLENGES:
The Contra Costa District Attorney’s Office has had essentially the same structure for
over twenty years; however, the laws and issues have changed and we have not kept
up with new challenges and developments. Our units are organized around crimes
rather than on victims and the needs of the community.
Internally, as I have learned in my 22 years as a Deputy District Attorney, no case is
the same as another, no victim is the same as another, and no defendant is the same
as another. We must evaluate the way our office is organized, so it not simply crime-
driven, it is victim-centered.
A change in leadership provides an opportunity to evaluate our current distribution of
resources and shift them to more proactively address criminal justice issues that I
believe deserve additional attention and resources. These issues include the treatment
of mentally ill defendants, the aggressive prosecution of sexual assault and human
trafficking, the increase in property crimes and violent crimes, and effective
August 1, 2017 Contra Costa County Board of Supervisors Minutes 70
rehabilitation services and strategies.
In allocating this additional attention and these additional resources, a one size fits all
approach will not work for our diverse and evolving county. For example, the needs of
our communities in the East County should not necessarily be assessed through the
same lens as the West County, but they should be prioritized in the same way.
Accordingly, as District Attorney, I will work towards ensuring that critical services are
available to all our communities, including the creation of a Family Justice Center in
East County. As a staunch victim advocate who has seen first-hand the dramatic impact
our Central County and West County centers have had in those communities, we need
to extend the reach of services to our East County residents.
While staying mindful of these evolving challenges, we must continue to be vigilant with
our longstanding commitment to end gang violence. People should not be afraid on our
freeways or in their homes. As we look for innovative alternative methods of increasing
safety in our community, we must think outside the box for new ways of combatting
this persistent problem.
Together, I’m confident we can meet these challenges and emerge as the strongest
criminal justice system in the state.
COMBATTING HUMAN TRAFFICKING:
An essential part of my philosophy of victim-centered prosecution will be our approach
to human trafficking. Human trafficking is a serious problem in our community and this
modern day slavery cannot be tolerated. Because this issue has not received adequate
attention, I have been working to strengthen our efforts by educating law enforcement
and creating systems that target the trafficking market and provide services for
exploited persons.
I have already been working with law enforcement to focus their efforts on the source
of the problem and to conduct operations that identify and arrest the exploiters. It is
my vision to have a Human Trafficking Unit where all cases regarding exploited
individuals, regardless of whether they are classified as a victim or a defendant, are
connected with services (housing, job training, counseling, and drug treatment) aimed
to get them out of that life. As District Attorney, I will seek to have a truly vertical
prosecution unit in this area, where cases can begin and end with the same prosecutor.
My commitment to prevent human trafficking is just one example of how as District
Attorney, I would reorganize the structure of the office to better serve our victims of
crime and use crime strategies to actually go after the root of the problem.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: The people of Contra Costa County deserve experienced, effective, unifying leadership
that is beyond reproach. As someone who is already recognized as a trustworthy and
effective leader in the office, I will fill the leadership void that has existed for far too
long and be a visible and accessible presence in the office and in the community. We
need someone intimately familiar with our office, our partners, and our community who
can immediately get to work on the reforms and changes needed to restore community
trust in the District Attorney’s office.
HIT THE GROUND RUNNING TO ACHIEVE IMMEDIATE IMPACT:
I can and will get to work on day one. As a result of my 22 years of service in this
office, I have existing productive relationships with community agencies and partners,
as well as the institutional knowledge of our office, the criminal justice system, and the
community which will allow me to make an immediate positive impact.
I am grateful for the overwhelming support I have received from our community
partners, my co-workers, law enforcement and county residents. They have supported
me not for political purposes, but because I have already proven myself to them, and
they know what defines me as a prosecutor and as a person. I look forward to working
with them in this new role.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 71
CONTRA COSTA IS MY HOME AND I HAVE SERVED THIS COMMUNITY FOR MY ENTIRE
CAREER:
Over my 22 years as a prosecutor, Contra Costa County has been my home, and its
residents have been my neighbors; their concerns are my concerns. My entire career
has been dedicated to serving the members of this community. I have been touched by
the experiences of community members, victims of crime, and also defendants. I have
worked in every city and in each of the many diverse communities in Contra Costa
County from east to west, and am deeply knowledgeable about the unique criminal
justice issues associated with our county.
I have a real sense of pride in this county. As District Attorney, I believe that pride
would help me unify and make our communities safer.
A FRESH START WITH THE EXPERIENCE NEEDED TO BE AN EFFECTIVE LEADER - OUR
ROLE IN CRIME PREVENTION AND REHABILITATION:
Our office is ready for fresh, innovative, and experienced leadership from someone who
truly understands the workings of our office. With this knowledge and experience, a
District Attorney can think outside the box while marshalling the support of our
excellent and dedicated line prosecutors, some of whom I have worked with for two
decades. Successfully implementing needed reforms will allow us to focus on redirecting
the office to make our community safer.
I am committed to not only effective representation of victims and prosecution of
crimes, but also to the creation of proactive strategies that keep the community safe by
preventing crime and rehabilitating offenders. We can no longer afford to be a
reactionary office. As prosecutors we must go into the community to meet crime at the
crossroads, using strategies and resources that can help potential offenders take their
lives in the right direction.
As I learned from my very first cases, every person with whom the DA’s office comes in
contact presents a unique challenge and opportunity. Being a prosecutor is not just
about the number of trials you win, it is about the potential to change lives while
ensuring that justice is served. As District Attorney, my goal would be that the entire
office reflects this ideal.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: Over the last several years there has been a cloud over the office based on the actions
of a few individuals. However, the actions of a few do not define the entire office. The
vast majority of prosecutors in our office are highly ethical men and women who work
tirelessly in the service of the people of Contra Costa County. Having someone leading
the office who has dedicated himself to this community, has the trust of the office, has
productive and collaborative relationships with the key county agencies and community
partners, and has always held himself to the highest ethical standards will immediately
have an impact on the public’s confidence in our office. I would work continually to
further engage the community, listen to their ideas, create a transparent and diverse
administration, and make a visible and direct investment in our community.
PEOPLE IN OUR COMMUNITY MUST FEEL SAFE:
First, and foremost, people need to feel safe and be safe. The main roles of the District
Attorney’s Office are to prevent and prosecute crime. I have the experience and
institutional knowledge to put the correct people in supervisory positions who are
qualified, capable, and share my proactive approach to assisting law enforcement and
serving the community. We will continue to hire and train the best prosecutors and
change the culture of the office away from reactionary prosecution to a more proactive,
crime strategies office. When a crime does happen, we will treat the victims, witnesses,
and defendants fairly and justly through the criminal justice process and whenever
possible be available to answer questions. I firmly believe that it is our obligation as
prosecutors to make sure that victims of crime understand the criminal justice system
August 1, 2017 Contra Costa County Board of Supervisors Minutes 72
and are included in decision making.
Instead of measuring success by trial statistics, we need to shift our focus to the impact
our office is having on crime prevention through proactive law enforcement, and
rehabilitation. Programs like freeway cameras and license plate readers have already
resulted in a drop in crime, and have increased the solve rate when a crime does occur.
TRANSPARENCY - ENSURING THAT ALL REPRESENTATIVE GROUPS IN THE COMMUNITY
FEEL THE SYSTEM IS WORKING FAIRLY FOR THEM:
The District Attorney’s Office represents “The People” regardless of race, gender, age,
income, or sexual orientation. We all are invested in ensuring that the system is fair
and just, therefore, the concerns of implicit bias and disparate treatment must be
addressed directly and openly. Prosecutors must hold themselves to the highest ethical
standards and only file cases they believe are based on truth, hard facts, and legally
obtained evidence. Our office can be a resource for collaborating with law enforcement
on proper and ethical investigation techniques, and can be a bridge between various
community groups.
It is essential to have a transparent administration that is willing to meet with
community groups and victims to have open dialogue. As District Attorney, my door will
be open as much as possible to our community to address their concerns and explain
the decision making process. After all, how can we represent “The People” if we don’t
listen to them?
INCREASING OFFICE DIVERSITY:
The community should be able to look at our office and be confident that the diverse
viewpoints and backgrounds of our county are reflected in the staff and represented in
the decision making process. I will ensure that we support diversity in hiring by
establishing relationships with the student associations for women and students of color
at a wide variety of law schools to encourage them to consider a career in our office.
Toward this end, we also need to maintain our successful Prosecutor’s Academy, a
training program taught by the lawyers in our office which provides first-year law
students a valuable insight into our office and the field of criminal prosecution.
I have always reached out to the students I come in contact with, and offered them the
opportunity to spend a day shadowing me in the office. Many have gone on to be
effective prosecutors. My interest in facilitating the hiring of the best prosecutors will
continue in my role as District Attorney, doing my best to be mindful of the richness
diversity can bring to an organization.
ENGAGING WITH COMMUNITY GROUPS AND LAW ENFORCEMENT:
My work has shown me that diverse communities in the county have unique issues and
concerns. The District Attorney must be visible and accessible to all of these groups. As
District Attorney, I would recommend holding meetings or forums with community
groups, concerned citizens and law enforcement in the same room. Through a
respectful exchange of ideas and concerns, we can work towards a common ground
that furthers everyone’s joint interest in keeping the community safe, addressing
concerns of bias, deterring future crime, and rehabilitating those who have entered the
criminal justice system.
VICTIM-CENTERED PROSECUTION:
As District Attorney I will take a good hard look at our organizational structure that has
been largely the same for 22 years. Because of my intimate knowledge of our office, I
am confident I can identify ways to more effectively, efficiently, and fairly serve the
public. I will modernize the office by shifting priorities and resources towards a more
“victim-centered” approach.
To more effectively serve the community, we need to have more direct interaction
between assigned prosecutors and the victims throughout the duration of the case. Our
commitment to victims must go beyond just disposing of the cases that come across
August 1, 2017 Contra Costa County Board of Supervisors Minutes 73
our desks. It is our obligation to 1) educate law enforcement on appropriate handling of
cases and ensure that all victims are treated with dignity and respect; 2) work within
our office and with community partners to create preventive programs and provide
victim support services; and 3) proactively go out into the community to educate
residents, increase awareness, encourage appropriate intervention, and change the
culture of victim blaming.
As I first learned in my assignment on the misdemeanor team, all crimes can devastate
lives and we must make every attempt to change and improve lives through victim
advocacy. Together, we can refocus the office and be more accountable to the people
we serve.
PROACTIVE OUTREACH TO YOUTH:
The statistical evidence of the relationship between education and the crime rate has
been well documented. Particularly in under-resourced communities, if a child is not
reading at grade level by the third grade, they are much more likely to later drop out of
high school, which subsequently increases their likelihood of engaging in criminal
behavior. Our existing anti-truancy efforts are a start, but I would have the office be
more proactive with the schools and community organizations to address juvenile
graduation rates, facilitate career paths, and build community trust in our office.
I also feel strongly about expanding my Internet Safety and Sexual Assault Awareness
and Intervention programs for students. By appropriately educating both children and
parents, we can decrease the number of victims who are victimized by these predators
and more effectively prosecute cases when crimes do occur.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: Mental illness and the danger it poses to both the public and the individuals suffering
from it, is a serious, county wide issue. My plan to address these challenges involves a
combination of early intervention while working together to enhance mental health
infrastructure.
EARLY INTERVENTION:
It is clear that the criminal justice system is not currently equipped to solve mental
health issues and the treatment of mentally ill offenders in a one-size-fits-all system is
ineffective. Many mentally ill individuals are frequent visitors to the courts on minor
misdemeanor cases like trespassing, loitering, disturbing the peace, and theft. It is at
this time that a coordinated response would be the most useful, yet when the courts
offer lenient “credit for time served” sentences and short probation periods, the person
who needs help is soon back on the street with no attempt to resolve the underlying
mental health issues. This pattern is partly reinforced because a person facing
misdemeanor charges has no incentive to engage in a longer term program on
probation when they can get out of custody and return to the street. We need more
flexibility for early intervention to assist those with mental health problems before their
illness worsens and/or they commit a serious felony.
I am committed to working with our community partners to find effective solutions.
Throughout my career, I have been known to take the initiative when the court and the
mental health system have failed, and I have structured sentences that avoided custody
time in lieu of a proactive treatment plan with a variety of targeted services. Under my
supervision, the District Attorney’s office would begin by building on existing multi-
disciplinary team approaches like the Mental Health Evaluation Team currently in place
(as well as look to other successful strategies used in other counties). Under this
method, when law enforcement responds to a potential mental health call, they can
immediately engage mental health workers who can intervene and provide services
before the criminal process is ever begun.
Through early intervention, we can attempt to prevent future crime while at the same
time giving offenders the help they need.
ENHANCING INFRASTRUCTURE - MENTAL HEALTH JUSTICE CENTER AND BEHAVIORAL
August 1, 2017 Contra Costa County Board of Supervisors Minutes 74
HEALTH COURT:
I would also advocate for a Mental Health Justice Center modeled after our very
successful Family Justice Center. By paring mental health professionals, drug
counseling, access to housing, and job training in one location, we can increase
treatment effectiveness. We must be open to finding solutions outside of the criminal
justice system, particularly when operated in conjunction with additional community
prosecutors and proactive law enforcement teams.
Finally, the Behavioral Health Court needs to have more flexibility in the types of
misdemeanor and felony offenses that qualify for services. For example, I had an arson
case in which is was evident that the defendant would benefit from the services of
Behavioral Health Court. However, when the defense and I agreed to send the case to
BHC for screening, we were told that arson crimes don’t qualify for this system. Too
often, a repeat visitor to the criminal justice system on minor misdemeanor cases will
go ignored with no treatment plan until a serious felony is committed against a member
of our community. At that point, it can be too late, as we now have a victim who has
suffered as a result of the offender’s conduct and is looking to the criminal justice
system for restitution and justice.
State and Federal funding sources are needed to provide the amount of services
(including housing, treatment, and job training) that are necessary to effectively
address these issues in our county. As District Attorney, I will provide our office’s
support toward these efforts while working with law enforcement, the Public Defender’s
Office, and community partners to advocate for resources. With proper commitment
from all involved players, we can obtain the necessary facilities and treatment
professionals who are equipped to immediately recognize and address mental health
issues and to create individualized programs to get people the services that they need.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: As a new Deputy District Attorney on the Felony Trial Team, I was faced with a situation
in which I had to take an ethical stand and challenge a supervisor. I was still a new
second-year “contract” attorney, meaning that I still had to go through the hiring
process in my third year to become a permanent attorney. I was assigned a robbery
case the day before it was set for trial. In reviewing the evidence, I came across an
answering machine tape which apparently no one else had listened to. What I heard
cast serious doubt on the suspect’s involvement in the crime despite the fact that he
was identified by the victim of the robbery.
After reviewing all of the other case evidence, I was convinced that the individual in
custody was innocent. I also knew that under the rules of evidence, it was highly
unlikely that the jury would get to hear the tape and could convict the defendant based
on the victim’s identification. I wanted to dismiss the case immediately. But as a
contract employee I needed my supervisor’s approval.
I recognized that my future career could be on the line if my supervisor didn’t agree
with me. Nonetheless, I advised him that I could not prosecute the case because I
believed that the man on trial was innocent. After some back and forth, he listened to
the tape and agreed.
I then informed the defense attorney that I was going to immediately go to court and
add the case on to that day’s calendar so it could be dismissed and the defendant could
be released. Shockingly, the private defense lawyer asked me to delay to another day
because he had other appointments and wanted to be there for the dismissal. I would
not leave the innocent defendant in custody for an additional hour, let alone a day, so I
immediately went to court and dismissed the case without the defense attorney
August 1, 2017 Contra Costa County Board of Supervisors Minutes 75
present.
Then and now, that is the only way I would handle such a situation, regardless of any
consequences to my career. Honesty, integrity, and justice are the founding principles
that this office must adhere to at all times. This experience reinforced in me the belief
that the role of a prosecutor is not just to hold people accountable for their crimes, but
that it is equally important to make sure that innocent people are not wrongly
convicted.
In this light, I intend to create a Conviction Integrity Unit within our office. This unit
would exist to facilitate the investigation of allegations of wrongful conviction. As
District Attorney, I will create an environment where conversations about possible
innocence as well as guilt are encouraged in the pursuit of the truth.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: People v. Mark Fregia was a capital case that was complex legally, factually, and
emotionally. I was the sole prosecutor assigned to the case and handled it from
inception to resolution.
The defendant and surviving victim (Jane Doe) had been in a long term relationship and
had a 2 year old son. Jane Doe also had a 6 year old daughter from a previous
relationship. The defendant had repeatedly abused Jane Doe over the years and both of
them had issues with drugs. As with many domestic violence victims, Jane Doe was
caught up in the cycle of violence and often times would recant at restraining order
hearings or decide not to pursue charges. However, at the time of the crime that I
prosecuted, the defendant was out of custody awaiting trial on serious domestic
violence charges against Jane Doe. Shockingly, Solano County Family Court had still
approved visitation rights with his son despite the long history of abuse.
The defendant and Jane Doe had separated, but shortly before Christmas in 2003, the
defendant called Jane Doe and after much persistence, persuaded her to bring the two
children to shop with him for their Christmas presents. After picking them up, the
defendant started driving in a different direction. Jane Doe sensed something was
wrong and pleaded with the defendant to pull over and let them out. Instead, the
defendant doused her with gasoline that had been concealed in a soda bottle and lit her
on fire. Immediately consumed in flames, Jane Doe was able to grab the steering wheel
to pull the car off the freeway exit. She got out, and as she tried to extinguish herself,
watched in horror as the defendant fled and the burning car rolled down the
embankment towards the freeway with the two children trapped inside, burning to
death. While Jane Doe ran to the car and tried to save the children, the defendant
carjacked a good samaritan who had stopped to help. Both children died at the scene,
and Jane Doe was burned over 85% of her body, remaining in a coma for over a month.
After a massive manhunt, the defendant was arrested and charged with murder with
special circumstances, attempted murder, aggravated mayhem, arson, kidnapping, and
carjacking. After the preliminary hearing and extensive pretrial motions, the trial began
in 2007 and lasted four months. I coordinated complex evidence and numerous
witnesses to support the multiple charges, including law enforcement officers from
three counties, civilians, defense experts, arson experts and victim impact statements.
It was a very involved and emotional trial. Each witness was suffering from secondary
trauma due to the horrors of what they had seen, and it was very challenging to
support them through their testimony. As a parent, seeing the autopsy photographs of
the murdered children and listening to their mother’s anguish was one of the most
disturbing and emotionally draining experiences I have ever had, but I owed it to all
three of the victims to find them some justice.
The trial ultimately resulted in the defendant being convicted and sentenced to two
consecutive sentences of life without parole. However, the complexity of this case did
not end with the sentence. As prosecutors, it is our responsibility to continue to serve
the victims and witnesses and do everything in our power to help them get their life
back. The unimaginable trauma Jane Doe had endured, plus her history of drug
addiction posed an enormous challenge. Over the following years, I worked with a team
August 1, 2017 Contra Costa County Board of Supervisors Minutes 76
of dedicated individuals to make sure that Jane Doe got the necessary support services,
and I continued to be available to her whenever needed. This year, I received a special
phone call, in which Jane Doe let me know that she was still doing well in her recovery,
was getting married, and had a baby on the way. Her success serves as a reminder of
how a victim-centered approach to prosecution can make a huge difference in our
community.
As District Attorney, the victim-centered approach I used in that case is the model I will
seek to use for all prosecutions in our county.
13.Q: What is the size of the population/client base served by current employer?
A: According to the California Department of Finance, Contra Costa County’s population is
just over 1.1 million.
14.Q: To whom do you currently report, by title?
A: Assistant District Attorney
15.Q: What number of staff are employed by current employer?
A: 206 employees
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: I oversee a total of 16 staff.
As the Senior Deputy District Attorney in charge of the Family Violence unit, I directly
supervise seven sexual assault prosecutors, two attorneys who staff the interviews at
the Children’s Interview Center, the Domestic Violence Supervisor and four domestic
violence prosecutors, and the Elder Abuse attorney. I also supervise the clerical staff
member who manages our new case management system.
17.Q: What is the largest number of staff you have overseen, and where?
A: 16 staff, in my current assignment as Senior Deputy District Attorney where I supervise
the Family Violence Unit and the case management system implementation.
18.Q: What is your current employer's operating budget, in dollars?
A: The operating budget for the fiscal year 2017/2018 is $19,500,000.
19.Q: For what portion of budget are you responsible, in dollars?
A: Under the former District Attorney, individual units were not given direct control over
their budgets. However, I routinely have to make budget decisions regarding approval
or denial of unit expenditures with consideration for the overall office budget.
I also spent over three years as the assigned District Attorney for a Child Sexual Abuse
grant, and was responsible for ensuring financial compliance with the terms of the
grant.
20.Q: What is the largest budget you have ever been responsible for, and where?
A: As mentioned earlier, under former leadership, individual units were not given direct
control over their budgets. However fiscal accountability is central to my current role. I
am responsible for making numerous responsible operational spending decisions within
the overall budget.
Fiscal stewardship and proper allocation and management of resources is critical to the
health of any organization, big or small. From 2013 - 2016 I served as the President of
the District Attorneys’ Association and was responsible for a $60,000 annual budget.
Previous to my tenure, the Association had not had a formal budget. The Board and I
worked to formalize a budget plan for each year. We made the difficult decisions on
what we needed to cut and prioritized our spending with an eye towards creating a
August 1, 2017 Contra Costa County Board of Supervisors Minutes 77
reserve for future unexpected expenditures.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 78
Paul Graves References (Cont.)
3. Honorable Mary Ann O’Malley
Judge, Contra Costa County Superior Court
4. Roberta Brooks
Private Defense Attorney
5. Michael Markowitz
Private Defense Attorney
6. Cynthia Peterson
Executive Director, Community Violence Solutions
7. Kabu Adodoadji
Deputy District Attorney
8. Ilean Baltodano
Contra Costa County Public Defender’s Office
August 1, 2017 Contra Costa County Board of Supervisors Minutes 79
9. Pat Mori
Director, Children’s Interview Center
10. Dan O’Malley
Private Defense Attorney
11. Mary Knox
Senior Deputy District Attorney
Contra Costa County
August 1, 2017 Contra Costa County Board of Supervisors Minutes 80
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: William H Green Address:
Martinez, California US
Home Phone: Alternate Phone:
Email: greenbill@pacbell.net
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:
Are you willing to relocate?No
Types of positions you will accept:Regular
Types of work you will accept:Full
Time
Types of shifts you will accept:Day
Objective
Improve the criminal justice system in the County through fairness, fiscal responsibility,
improving the office culture in the DA's office and making communities safer in the
short and long term.
Education
Graduate School
University of California, Hastings College of the Law
9/1984 - 5/1987
San Francisco, California
Did you graduate: Yes
College Major/Minor:
Degree Received: Doctorate
College
University of California, Berkeley
9/1980 - 5/1984
Berkeley, California
Did you graduate: Yes
College Major/Minor: Computer
Science and Philosophy Double
Major
Degree Received: Bachelor's
High School
Miramonte High School
9/1976 - 5/1980
Orinda, California
Did you graduate: Yes
Highest Level Completed: Other
Did you receive a GED?
Degree Received: High School
Diploma
Work Experience
Director
8/2015 - Present
Criminal Conflict Program of the Contra Costa Bar
Association
https://www.cccba.org/attorney/build-your-
practice/paying-criminal-conflict.php
820 Main Street, Suite 1
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $11,666.66
# of Employees Supervised: 98
Name of Supervisor: Theresa
Hurley - Executive Director, Contra
Costa Bar Association
May we contact this employer? Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 81
Duties
The director administers a $5,000,000 annual contract with Contra Costa County for legal
representation of indigents, ensuring the Criminal Conflict Program (CCP) attracts and maintains
a sufficient number of attorneys to staff cases in courts throughout the county; ensures
participating attorneys comply with Rules of Professional Conduct and CCP's rules and
regulations; and develops educational programs and resources for participating attorneys.
The majority of CCP cases are criminal, where the Public Defender’s Office and Alternate
Defender’s Office have a conflict-of-interest because they cannot represent more than one
defendant per case. The CCP also appoints attorneys—within 30 minutes—to represent witnesses
testifying in court who may incriminate themselves. The CCP also appoints attorneys to
represent: minors in probate guardianship cases, conservatees in conservatorship cases, alleged
court contemnors, and criminal defendants facing potential immigration consequences.
Attorneys submit applications for funding authorization for such services as investigation,
interpreting foreign languages and expert consultations. The CCP director reviews and makes
decisions on such requests. The CCP submits monthly fiscal and caseload reports to the Contra
Costa County Administrator’s Office for reimbursement.
Liaison between Superior Court Judges, District Attorney, Public Defender and County
Administrator. Supervises two full-time employees and 96 attorneys (independent contractors).
Reason for Leaving
Current
Attorney
1/2007 - Present
Law offices of William H. Green
Martinez, California
Hours worked per week: 10
Monthly Salary: $0.00
May we contact this employer?
Duties
General practice including white collar criminal defense and civil litigation in state and federal
courts. Outside general counsel for software companies in a variety of transactions, including
negotiating and structuring licensing, distribution and professional services agreements. Advise
companies on employment law and compliance with U.S. and international privacy and data
protection laws.
Founder, CEO and Judge
1/2004 - Present
FantasyDispute.com
http://fantasydispute.com/
Martinez, California
Hours worked per week: 5
Monthly Salary: $0.00
May we contact this employer?
Duties
Founded fantasy sports arbitration website resolving disputes between fantasy teams; featured
on the front page of the Wall Street Journal, E:60 (ESPN news broadcast) and ESPN the Magazine
Attorney
1/2004 - 12/2006
Donahue Gallagher Woods LLP
Oakland, California
Hours worked per week: 40
Monthly Salary: $0.00
May we contact this employer?
Duties
Intellectual property litigation in State and Federal Courts, white collar criminal defense, probate
litigation, technology licensing, breach of contract and employment matters; civil discovery,
arbitrations and mediations
Reason for Leaving
Started my own law practice
August 1, 2017 Contra Costa County Board of Supervisors Minutes 82
Head of Legal Affairs (General Counsel) and
Worldwide Director of Sales Operations
10/2000 - 12/2003
Narus, Inc.
Palo Alto, California
Hours worked per week: 40
Monthly Salary: $0.00
# of Employees Supervised: 20
May we contact this employer?
Duties
Managed $4,000,000 annual budget for legal and worldwide sales department for a cyber
security company utilizing software for real-time internet traffic and analytics monitoring;
advising board of directors on corporate governance; drafting and negotiating licensing contracts,
sales compensation plans, professional services agreements; experience with government
contracts. Company was later acquired by Boeing.
Reason for Leaving
Joined law firm in Oakland, closer to family in East Bay
Deputy Public Defender
10/1987 - 12/2000
Public Defender of Contra Costa County
Martinez, California
Hours worked per week: 40
Monthly Salary: $0.00
May we contact this employer?
Duties
Litigated virtually every type of criminal case, including homicides, juvenile delinquency and
dependency, contempt hearings, LPS Conservatorships, competency hearings, complex DNA
hearings, insanity pleas and related trials and hearings; internal resource for sentencing, search
and seizure, and ethics issues. Over 80 jury trials.
Reason for Leaving
Offered in-house counsel position
Certificates and Licenses
Type: Private Pilots license, glider rating
Number:
Issued by:
Date Issued: 12 /1976 Date Expires:
Type: Law License
Number: 129846
Issued by: State Bar of California
Date Issued: 12 /1987 Date Expires: 12 /2017
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Hurley, Theresa
Executive Director, Contra Costa Bar Association
August 1, 2017 Contra Costa County Board of Supervisors Minutes 83
Professional
Markowitz, Michael
Chairman, Criminal Conflict Program Committee
Professional
Ewell, Tim
Senior Deputy County Administrator
Resume
Text Resume
Attachments
Attachment File Name File Type Created By
William H Green_Redacted William H Green_Redacted Other Alex Johnson
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 84
A: Legal community
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: I have 30 years' experience in criminal law. I was a deputy public defender in Contra
Costa County for 13 years. I've spoken with thousands of criminal defendants and
understand the root causes that lead to the cycle of crime. I've tried over 80 cases to
juries.
I've worked for the county, in the private sector for a business, for a law firm, as a sole
practitioner, and for the last two years as an administrator. During my 17 years in
private practice, I've had criminal clients in all of the bay area counties and been able
to compare policies. I've practiced indigent criminal defense and white collar criminal
defense, civil litigation, and corporate law.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 85
5.Q: Describe your organizational and management experience.
A: Working for a software company in Silicon Valley, I was promoted to Head of the Legal
Department and Worldwide Director of Sales Operations where I managed 20
employees. I have been the Director of the Criminal Conflict Program of Contra Costa
County for the last two years, supervising 96 strongly opinionated attorneys. When I
accepted this position, the Conflicts Program was in turmoil with the attorneys at war
with the Bar Association and refusing to accept appointments on cases in protest of my
predecessor's termination without their consultation. Two years later, the Program is
better than ever and the attorneys are better trained due to seminars I organized, more
productive due to resources I acquired such as a legal "brief bank" and on-line legal
research resources, and happier due to a supportive environment. I focus on the quality
of results, not the number of cases processed.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: There is fear of police in disadvantaged communities rather than cooperation to make
communities safer. There is implicit racism due to unconscious biases when making
judgments about people from different racial and ethnic groups. There are too many
unnecessary jury trials, which wastes public resources and community productivity
(juror time, peace officer time, etc.), as well as expensive and unnecessary appeals.
There is a lack of collaboration between the District Attorney, Public Defender,
probation, police agencies, community organizations, and drug and mental health
treatment programs. There are too few teen support groups and after school activities
which data shows reduce crime.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: My goal is to have safer communities, fairness in the courts, and a healthy and positive
office culture, while being fiscally responsible. I believe that using data driven policies
and focusing on long term solutions and the reduction of violent and serious crime
instead of low level drug cases, all of this is achievable. Because I am not politically
active or politically connected, I am fiercely independent. I do not feel indebted to any
particular special interest group. I want to do what is right, not what may be politically
expedient.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: I would value fairness over victories, and encourage collaboration between all the
stakeholders in the justice system-- judges, defense counsel, prosecutors, probation
officers, peace officers, drug programs and mental health service providers-- to find
long term solutions to reduce criminal behavior. I would not foresee much personnel
churn, because it would be fiscally irresponsible to terminate trained, talented and
devoted people. I would address "senior cynicism" and encourage a fresh start. I would
publicize programs that attack the root causes of crime such as unemployment and
mental illness. I would attempt to build trust between law enforcement and the
community by emphasizing the prosecution of violent and serious crimes, corruption,
white collar crime, consumer fraud, and pollution instead of low level drug offenses. I
would promote transparency by acquiring and sharing data with researchers that study
crime and recidivism.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: Unfortunately, today's problems are due to offenders that were incarcerated for many
years without treatment and then released back into the community that had nothing
for them: no jobs, no treatment, no housing. This led to drifting, homelessness,
substance abuse, further mental decline and the chronic reoffending we see today.
State law has criminalized many common psychiatric disorders, especially substance
abuse which psychiatry's diagnostic handbook, DSM, categorizes as a true psychiatric
disorder In many ways, our jails and prison system function in substantial part as the
successor to our shuttered mental institutions. The problems are compounded when we
mix disordered inmates, whose disorders tend to make them vulnerable, with
nondisordered inmates who may be predators. Statistics show that mental health court
participants and those treated during incarceration are less likely to reoffend, especially
for violent crimes.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 86
The justice system needs to ensure public safety by providing mental health services
designed to interrupt the cycle of homelessness, addiction, and criminal activity. We
need a system of interconnected components that creates a seamless continuum of
mental health care services. This requires mental crisis intervention training by peace
officers, emergency mental health reception centers and respite beds, short term
transitional housing, long term residential dual diagnosis treatment, as well as secure
inpatient transitional care units.
From a prosecution standpoint, efforts to collaborate with criminal defense attorneys,
probation, and mental health professionals will be more effective than the current
culture of simply trying to get the most convictions and the longest period of
incarceration.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: One of the most vibrant Conflict Program attorneys committed suicide
in the midst of a multi-defendant homicide jury trial.
Apparently she was overwhelmed by a combination of factors:
As the new Director of the Conflict Program, there were multiple concerns such
as the lack of civility and compassion among the prosecution, defense counsel and the
courts, Conflict Program attorneys over-burdened with serious cases and the stress of
pending trials, as well as finding another attorney for the court to appoint, announcing
the death to others, and dealing with the anguish of her colleagues. The situation
reinforced my values of the importance of civility and respect between all those
involved-- attorneys, judges, defendants, victims and their families. I reviewed the
number and gravity of cases assigned to each of the Program's most senior attorneys,
and counseled those attorneys about mindfulness, even if it meant fewer assigned
cases and less income. The Conflict Program will always remember and miss the
attorney we lost, but hopefully learned the importance of balancing personal life with
the workload.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: As a public defender, I represented a U.S. postal worker that killed an unarmed co-
worker due to schizophrenic delusions that the co-worker had been plotting to kill him
for many years. There were issues of competency to stand trial, psychiatric records
dating back to his discharge from the Army during the Vietnam war and court-
appointed psychological evaluations. There were two separate phases of the jury trial in
front of Judge Arnason-- the "guilt" phase and the "sanity" phase. The jury acquitted
the defendant of 1st degree murder, but found him guilty of second degree murder.
Although the evidence of mental illness was undisputed, the district attorney's office
fought the case none the less. During the second phase, the jury decided he was "not
guilty by reason of insanity." He was committed to a state mental hospital for the rest
of his life, an inevitable result that could have been reached much earlier without the
expense of years of contested litigation.
13.Q: What is the size of the population/client base served by current employer?
A: The Contra Costa County Bar Association has approximately 1,700 members serving
1,100,000 Contra Costa County residents. The Criminal Conflict Program appoints
attorneys on approximately 2,500 cases per year, which consists of approximately
1,600 clients annually. Approximately 1,500 are adult criminal cases, 150 are juvenile
delinquency cases, 30 are representation of witnesses, 50 involve immigration
August 1, 2017 Contra Costa County Board of Supervisors Minutes 87
consequences of criminal convictions, 300 are conservatorship cases, 400 are probate
guardianship cases and 10 are contempt cases.
14.Q: To whom do you currently report, by title?
A: Executive Director of the Contra Costa County Bar Association and the Board of
Directors of the Contra Costa County Bar Association.
15.Q: What number of staff are employed by current employer?
A: My employer, the Contra Costa County Bar Association, has nine employees. The
Criminal Conflict Program, which is operated under the auspices of the Bar Association
pursuant to a 2-year renewable contract with Contra Costa County, has 3 employees
including myself and 96 member attorneys who are independent contractors.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: in my current position as Director of the Criminal Conflict Program, I oversee two full
time employees and 96 attorneys (independent contractors) that are members of the
Criminal Conflict Program. At least 13 attorneys are ex-district attorneys, and at least
11 are ex-public defenders.
17.Q: What is the largest number of staff you have overseen, and where?
A: in my current position as Director of the Criminal Conflict Program, I oversee two full
time employees and 96 attorneys (independent contractors) that are members of the
Criminal Conflict Program. At Narus, Inc, a Silicon Valley cyber security company, I
oversaw 20 employees in the United States, Europe and Japan as Head of Legal Affairs
and Worldwide Director of Sales Operations.
18.Q: What is your current employer's operating budget, in dollars?
A: $4,950,000
19.Q: For what portion of budget are you responsible, in dollars?
A: $4,950,000
20.Q: What is the largest budget you have ever been responsible for, and where?
A: $4,950,000 in fiscal year 2016-17 at my current position as Director of the Criminal
Conflict Program for Contra Costa County
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 88
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Thomas J. Kensok Address:
Martinez, California US
Home Phone:Alternate Phone:
Email: tkensok@contracostada.org
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:
Are you willing to relocate? Yes
I will reside and establish domicile in Contra Costa County, as
required.
Types of positions you will
accept:Regular
Types of work you will accept: Full Time
Types of shifts you will accept: Day , Evening , Night , Weekends , On Call (as needed)
Objective
District Attorney
Education
Graduate School
Univ. of Calif. Hastings College of the Law
8/1984 - 5/1987
San Francisco, California
Did you graduate: Yes
College Major/Minor: Law
Units Completed: 90 Semester
Degree Received: Doctorate
College
Saint Mary's College
9/1976 - 5/1980
Moraga, California
Did you graduate: Yes
College Major/Minor: Business
Administration
Units Completed: 120+ Semester
Degree Received: Bachelor's
Work Experience
Assistant District Attorney
10/2012 - Present
District Attorney
900 Ward Street
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $17,000.00
# of Employees Supervised: 100
Name of Supervisor: Mark Peterson -
District Attorney
May we contact this employer? Yes
Duties
Supervise Homicide, Gang, Sexual Assault, Domestic Violence, and Community Violence
Reduction Units. Leadership role in several office initiatives, such as employee training and
evaluations, Richmond Cease Fire, Community Corrections Partnership, DOJ Violence Reduction
Network, attorney recruiting, law clerk program, and modern organizational best practices.
Senior Deputy District Attorney
2/2011 - 10/2012
Hours worked per week: 40
Monthly Salary: $14,000.00
# of Employees Supervised: 30
August 1, 2017 Contra Costa County Board of Supervisors Minutes 89
District Attorney
900 Ward Street
Martinez, California 94553
Name of Supervisor: Mark Peterson -
District Attorney
May we contact this employer? Yes
Duties
Supervise Homicide, Gang, Sexual Assault, Domestic Violence, and Community Violence
Reduction Units. Leadership role in several office initiatives, such as employee training and
evaluations, Richmond Cease Fire, attorney recruiting, law clerk program, and modern
organizational best practices.
Reason for Leaving
Promotion to Assistant District Attorney
Deputy District Attorney
12/1987 - 1/2011
District Attorney's Office
900 Ward Street
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $12,000.00
# of Employees Supervised: 11
Name of Supervisor: Mark Peterson -
District Attorney
May we contact this employer? Yes
Duties
1987 -1989: Misdemeanor prosecution in Concord and Richmond
• 1989: Felony Law and Motion
• 1990: Felony Trial Team
• 1990 -1991: Richmond Preliminary Hearings
• 1991: Juvenile
• 1992: Felony Trial Team - set all time record for most trial days in one year
• 1993: Drug Team - filed all drug cases for East and Central County and secured first grand jury
indictments for large number of defendants (more than 35 in an Antioch buy program)
• 1994: Misdemeanor Team Leader in Richmond
• 1995 - 1996: Three Strikes Team – tried most cases on team
• 1996 – 1997: Insurance Fraud – convicted Ray Robinson in what was largest East Bay auto
insurance fraud ring in history at that time
• 1997: Trial Team – took over as expeditor when Mark Peterson was in trial
• 1998 – 2004: Gang Homicides – prosecuted West County gang members including notable
gang leaders such as and . Pioneered use of conspiracy charges and
grand jury in Contra Costa gang prosecutions and led the office in most trial days per year
several times.. Networked with and trained all West County police departments in gang expert
testimony, as well as lectured on the subject.
• 2005 -2007: Misdemeanor Supervisor - supervised team of up to 11 beginning prosecutors in
all aspects of misdemeanor prosecutions. Worked closely with Mark Peterson.
• 2007-2009: Gang Homicides - first supervisor of newly formed gang homicide unit. Continued
to carry case load and supervised most gang prosecutions in office. Planned and oversaw 11
defendant Vario Frontera Locos prosecution for 4 separate homicides and conspiracy. Using co-
conspirator liability, convicted several gang members for all murders, including those which they
were not present for. Personally prosecuted case involving the Sinaloa Cartel, Aryan Brotherhood,
and Richmond Sur Trece, 2 murders, and 1 attempt, and several defendants.
• 2010: Sexually Violent Predators – Handled mental health cases and SVP prosecutions.
Reason for Leaving
Promotion to Senior Deputy District Attorney
Certificates and Licenses
Type: Attorney
Number: 133257
Issued by: State Bar of California
August 1, 2017 Contra Costa County Board of Supervisors Minutes 90
Date Issued: 12 /1987 Date Expires: 2 /2013
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Billeci, Todd
Chief Probation Officer, Contra Costa County
Professional
Delaney, Lara
Director, Office of Re-Entry and Justice
Professional
Brown, Allwyn
Richmond Chief of Police
Professional
Jones, Donnell
Richmond Civilian Review Authority and Ceasefire
Coordinator
Professional
Aikins, Andre
Operations Manager, Omega Boys Club - Alive and
Free
Resume
Text Resume
Attachments
Attachment File Name File
Type
Created
By
Phillips, Coby San Quentin
Letter.pdf
Phillips, Coby San Quentin
Letter.pdf References Job Seeker
Redacted Application Thomas J. Kensok-Application Other LaShonda
Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
August 1, 2017 Contra Costa County Board of Supervisors Minutes 91
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: Yes
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A: Assistant District Attorney
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A: Internal Office Communications
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 92
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: No
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: My experience in the practice of criminal law goes back more than 30 years. I tried my
first jury trial while still in law school. I have served in a wide variety of assignments -
from misdemeanor prosecutions to gang homicides. I have tried more than 100 jury
trials, including more than 20 murder trials. I have also conducted juvenile, narcotics,
drug and sexually violent predator prosecutions.
I was the first supervisor of the of Gang Homicide Unit in the District Attorney’s Office
and have had a hand in nearly every large gang prosecution for the past 20 years. I am
known on sight on some of the toughest streets of our county ’s toughest
neighborhoods, including North and Central Richmond. Defendants in the jail follow my
cases, just as I follow and address their exploits.
My trial experience numbers greatly exceed those of any prosecutor in the county. In
1992, I set the record for most jury trials in a year, which still stands to this day. I have
trained police on expert testimony and I’ve taught grand jury procedures to
prosecutors. I pioneered using conspiracy charges in our office and I was the first in the
office to apply the concept to auto insurance fraud cases. In 1997, I used that strategy
to win a guilty verdict in what was at that time, the largest auto insurance fraud case in
East Bay history.
There is, however, another side to my criminal law experience. In the last decade, I
have focused on changing the dynamics of the relationships in the criminal justice
system. Trials are interesting events. For a seasoned prosecutor, the trappings are
exciting, yet comfortable nevertheless. However, gang murder trials are also a reminder
that something is terribly amiss in our society. I often tell people there are no winners
in my trials. We all lost before any trial started. I deliver this message at Ceasefire call-
ins and I repeat it at social gatherings. I would be happy to never have to hug a mother
outside the courthouse as we part ways after the trial of her son’s murderer. This is the
experience that also needs to be conveyed.
My three decades of prosecutorial experience have impressed upon me the gravity of
our need for moving in a different direction. My promotion into management gave me a
real chance to work on policy. My duties include responsibility for the Homicide, Gang,
Sexual Assault, Community Violence Reduction, and Domestic Violence Units. However,
the bulk of my work has been on policy issues for the District Attorney’s Office. I
interface with police departments, multi-disciplinary teams, and community based
organizations. My work in this area led to my receipt of the Board of Supervisors’ initial
Crime Prevention Award, given during Crime Victims’ Week in 2013.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 93
I lead office initiatives to reduce crime and recidivism. I oversee our office’s efforts
around AB 109 and the Community Corrections Partnership (CCP) and I co-chair the
Contra Costa Human Trafficking Coalition. I am a member of Richmond’s Ceasefire
working group and our office’s liaison to the U.S. Justice Department Violence
Reduction Network. I am gratified to work with so many others who share my outlook
and priorities. I am also excited by the potential of using my experience to make direct
change in the relationship between communities and the criminal justice system.
This coming academic year, I will teach a course at U.C. Berkeley’s law school on
Prosecution Policy. This will give me the opportunity to share my experience in criminal
law at one of our nation’s top law schools.
5.Q: Describe your organizational and management experience.
A: For more than 61/2 years, I have served as a Senior Deputy District Attorney, and then
as an Assistant District Attorney since 2012. This means I have been third in command
in the office. Even before my promotion into upper management, I was already serving
as a member of the school board for the Napa Valley Unified School District. I have
been a member of that board for 15 years. Thus, my organization and management
experience is extensive.
I graduated from Saint Mary’s College with a Business Administration degree and I
worked as deputy executive director of a housing authority in rural Alaska before law
school. I also served in the Jesuit Volunteer Corps for a year after college. Thus, I
already had organizational and management experience before joining the Contra Costa
County District Attorney’s Office. In addition, I had already gained experience working
in community outreach with underserved populations.
When the District Attorney’s Office needed healing after the bruising election of 2010, I
advocated for an inclusive management style, as opposed to the previous top down
style. Under my supervision, attorneys have been given considerable autonomy and
voice, being treated like professionals rather than subordinates, in order to develop and
use their skills for the office. Most have thrived in this relationship.
Using my unique background, I have lead efforts to make the District Attorney’s Office
more responsive to the public’s wishes and the changing nature of the criminal justice
system. This has often meant being a dissenting voice in a conservative room.
However, I’ve been able to bring a sense of strategic thinking and outreach to the
office. None of these advances have come easily. It’s clear to me that we need a district
attorney who buys into the concept of modern servant leadership. Put more simply, the
leader must make sure that the highest priority is service, not power or reward. This is
the only legitimate power.
Since 2011, I have spearheaded a revamping of the employee evaluation process from
a bookkeeping exercise into a meaningful conversation between supervisors and
attorneys that focuses on growth and improvement. In addition, I pushed to modernize
the office to adapt to modern organizational practices by bringing in experts to train on
alignment and trust. The next step was my introduction of systems thinking and
learning organizations. This also includes after action reviews to establish a base of
lessons learned.
In addition, I have been deeply involved in all aspects of office management, including
budgeting, hiring, resource allotment, policy, evaluations, and planning. Despite
internal opposition, I have led collaborative efforts such as Ceasefire, increased
diversion programs, pretrial services, and re-entry efforts.
Beginning in 2008, I was named supervisor of the newly formed Gang Homicide unit to
tackle violence in West County. That year Richmond suffered 47 murders. Through a
concentrated and cooperative effort, we have cut that number by more than half. Much
of that work was accomplished through high leverage actions such as Ceasefire and
impact prosecutions. Teamwork with the community and police was at the center of it
August 1, 2017 Contra Costa County Board of Supervisors Minutes 94
all.
I have also served 15 years as a school board trustee, which is much like a county
supervisor position on a smaller scale. We oversee a budget of $150 million, with 1500
employees serving 18,000 students daily spread across 30 sites. We deal with budget,
security, discipline, personnel, transportation, property, health, and construction issues
on a regular basis. We interface with different city governments as well as the county.
This experience has given me exposure to different managerial styles as well as cutting
edge thinking in organizational theory. I’ve studied the management theories of Steven
Covey, Peter Senge, and Daniel Pink. In addition, I was chairman of the Board of
Directors for Community Action, Napa Valley, which oversaw the food bank, homeless
shelters and day center, and meals on wheels.
I already work in strategic planning in both the criminal justice and educational sector.
While the education community has been at the forefront of systems thinking and
learning organizations, that approach has great utility in both the District Attorney’s
Office and the county as a whole. I have worked with project managers through the
U.S. Justice Department Violence Reduction Network as well as local initiatives. I have
been forging collaborative relationships with academic partners for our office and I am
regular panel participant in public forums. My career shows a proven commitment to
criminal justice reform and I am comfortable communicating with high-level
administrators and officeholders, including members of Congress and the State
Legislature. I work with budgets in many capacities and because of my experience, I
am well suited to elevate best practices.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Major issues or problems confronting the administration of criminal law and justice in
Contra Costa County include the insular nature of the District Attorney’s Office,
disparate contact with minorities, perceptions of unfairness and a lack of alternatives to
arrest and prosecution. I am already the leader in changing the insular nature of our
office and will accelerate the pace as District Attorney. I am already addressing the
issues of disparate contact and fairness perceptions through the Racial Justice Task
Force and an internal emphasis on focused deterrence. I already have commissioned an
internal study with U.C. Berkeley on disparate contact and proposed actions, which is
available in draft form.
The issues can be divided into internal issues in the District Attorney’s Office and those
confronting the system as a whole. However, because of its central position in the
criminal justice system, internal issues in the District Attorney’s Office do affect the
larger system. One major problem that the Contra Costa County District Attorney’s
Office faces is resistance to change.
For decades, the Contra Costa District Attorney’s Office has operated in an insular
manner, only grudgingly changing when forced to do so by the courts or Legislature.
Our prosecutors function largely as a passive element within the broader criminal
justice system, primarily managing their inbox of cases presented by the police. They
take these cases, make charging and plea decisions within a narrow statutory and
discretionary framework, and then hand defendants over to the courts and corrections.
We have built an office of fine trial lawyers that sees little reason to change. The office
will continue to mold strong trial lawyers for an adversarial system.
For the most part, prosecutors have not taken independent responsibility for addressing
core serious crime problems. This should change with recent structural changes in the
criminal justice system, especially in California. Offices are being asked to partner with
other actors in a more collaborative way. However, efforts to steer arrestees away from
the criminal justice system and diverting into rehabilitative programs are not yet seen
as part of the job. I have pushed for this, but without buy-in at the top level, progress
will come only in isolated pockets. Changes in the bail system are fought because of a
firm belief that the way we have always done it is the right way.
Without a forward thinking District Attorney, the Office will demand more money for
more attorneys to continue to clog the trial courts with cases that could resolve with
August 1, 2017 Contra Costa County Board of Supervisors Minutes 95
more cooperation from both sides. Rather than taking a leading role in serving the
public, the office will fight a rear guard action to ensure as little change as possible.
Trial victories and lengthy prison sentences will continue to be celebrated, while
compromise and rehabilitation efforts will be scorned. This is a cultural attitude instilled
by previous district attorneys and engrained through generations of prosecutors.
This era needs an additional skill set in its District Attorney’s Office. We have only
begun to consider how we might hold ourselves accountable for performance in key
areas such as crime reduction and recidivism. Our own crime prevention and control
strategies are not fully realized and we have conducted our own crime analysis. Only a
few of us are discussing our role in addressing community concerns about intrusive and
illegitimate criminal justice practices, and we give little thought to the damaging
community impact of concentrated arrest, prosecution, and incarceration. When I say
only a few, I mean only a few. There is little if any sense that the office could play a
more significant role in public safety. In fact, until a year or two ago, most prosecutors
would have been hard pressed to cite any studies or figures regarding criminology and
public policy. Without an open minded District Attorney, these discussions will die.
Long-standing practices within our office have contributed to public perceptions of
unfair, unsupportive, and badly motivated law enforcement. Success on widely accepted
metrics, such as conviction rates, can in fact signal overly cautious and self-serving
internal standards and procedures. Office management has to consider more than
managing case flows. Our Office should ask and assess what impact we’re having on
crime. We need to show both a correlation and causation effect between these metrics
and community safety, or we need to abandon them. This is especially true in minority
communities that have been subject to the most damaging effects of the prison boom.
Outside the Office, disparate contact with different racial and socioeconomic groups
continues to plague our criminal justice system. We are working on that issue through
the Racial Justice Task Force, but it will be a long struggle.
Of course, lack of money is a constant problem. There are proven approaches to crime
reduction, but they take a financial investment. Limited housing and treatment options
leave many people with nowhere to turn for help. Band-Aid solutions will not solve
underlying problems. We need treatment for drug addiction, mental illness, and trauma.
It is important to remember the criminal justice system does not exist in a vacuum. The
lack of services contributes to a reliance on the criminal justice system to solve
problems it can’t solve through incarceration. Prosecution and incarceration should not
be the default option for every violation of the law. We cannot arrest and imprison our
way out of society’s problems. In fact, sometimes arrests can exacerbate a problem for
those that are barely making it. Even a few days in jail can disrupt a person’s life to the
extent it goes into a downward spiral.
The Community Corrections Partnership (CCP) is a great start, as are the pretrial
services, bail reform efforts, and re-entry services. However, we need to do more, such
as the Law Enforcement Assisted Diversion (LEAD) grant from BSSC, which the county
won. I participated in the development of that grant and will likely be a member of its
steering committee. Needless incarceration of the mentally ill continues to be a
problem, as are the lack of readily available detox centers, treatment beds and stable
housing situations. Finally, we need to evaluate the effectiveness of all our approaches,
including jail and prison sentences. All of these problems serve to exacerbate other
problems in the criminal justice system.
The intensified effort by the federal government around deportation is also a significant
problem without an easy solution. Matters that previously reached a quick resolution
have become quite complicated because of the looming deportation threat. Both the
state and our office have given guidance to our prosecutors, but the problem seems
intractable.
We need to be on watch for emerging problems. We are in the midst of an opioid crisis,
but the criminal justice system has been slow to react. I have had two people close to
me die of overdoses. While I don’t want to return to a war on drugs, I am not
comfortable with the current situation. Domestic Violence is a persistent and stubborn
problem, as is human trafficking. None of these are problems that the criminal justice
August 1, 2017 Contra Costa County Board of Supervisors Minutes 96
system can solve alone. Actually, they may be solved elsewhere, but we need to act as
a collaborative partner and use the most effective methods available.
Another looming issue is the spate of Ransomware attacks, in which perpetrators
infiltrate and take over computer networks, holding them hostage from their owners for
ransom. This is another problem we can’t solve locally, but we need to participate.
Identity theft also continues to be a problem. Staying ahead of the curve will not be
easy. None of these problems will be solved without a recognition they exist. That will
not happen without a responsive District Attorney.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: The last 40 years have seen an unbroken string of conservative district attorneys. That
approach no longer reflects county residents’ outlook. I want to be District Attorney to
bring the focused deterrence, crime prevention, and management projects I have been
working on to fruition. I will be an engaged district attorney for all county residents. My
interests do not stop at the office doors or at the edges of affluent communities. In fact,
the district attorney’s engagement is needed most in the underprivileged communities
where I have spent my career. I will provide organizational excellence by merging
innovation and partnerships that will enable all our residents to enjoy a safe, healthy,
and prosperous life.
In keeping with this aim, I have led a push for our office to adapt to changes in our
communities. We have made some headway, but I have too often been relegated to
providing a dissenting voice to the “business as usual” approach. Those efforts that
have actually begun need to be protected, nourished, and expanded. I need to continue
my work as a member of the county’s Racial Justice Task Force, of the Community
Corrections Partnership (CCP), of the Pretrial Services Committee, of the Re-Entry
Committee, and in helping secure the $5.8 million grant for Law Enforcement Assisted
Diversion (LEAD) in Antioch.
I have overseen gang violence prosecutions for the last decade. I have been a member
of the Ceasefire effort in Richmond since its inception. I originated the push for the
creation of Ceasefire in East County, which is now up and going. Our office has made
considerable progress in reducing gang violence. We played an integral part in reducing
the murders in Richmond from 47 in 2009 to 11 in 2014. 2009 was the first year of my
supervision of the fight against gang homicides in Richmond. I actively sought
partnerships, and still remain very active in those efforts. Through my work in these
partnerships, I have gained considerable goodwill for the office from the residents and
from the community based organizations that would like to see these efforts continue.
We are using some of these same tools in the fight against other criminal organizations.
I am co-chair of the County Human Trafficking Coalition. I have forged a partnership
with the Naval Postgraduate School in Monterey to lend academic assistance in our
work in both gang and human trafficking prosecutions. This will give us insight and
allow us to focus our prosecution efforts.
Our office is particularly well suited for this endeavor because of our central position in
Contra Costa County's criminal justice system. In this county of 1.1 million people, we
interact with approximately 25 different law enforcement agencies across 17 cities. We
house an FBI Safe Streets Task Force here in the District Attorney's Office, which is
comprised of district attorney inspectors and police detectives working side by side with
federal and state special agents. We are the only district attorney's office in California
that houses such a task force.
In addition, we collaborated with the Richmond and Oakland Police Departments and
the Alameda County District attorney's Office for the inaugural United States
Department of Justice Violence Reduction Network. It was through this network that we
were first introduced to the concept of social network analysis.
This approach enables us to focus our resources on deterring and incapacitating the
subset of criminals who are responsible for a disproportionate amount of violent crime.
We have conducted intelligence-driven surges to target violence in Richmond, the
community response has been quite positive. For example, after Richmond’s Operation
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Exodus in 2013, many community groups were glad to see that we were “going after
the right people and leaving the others alone.” Reduction of our enforcement footprint
in the communities we serve is progress.
Our intention is to focus on the "Hot Groups, Hot Places, and Hot People" that drive our
street violence. This is part of an overall focused deterrence crime reduction strategy; it
incorporates an intelligence driven prosecution approach. The Northern California
Regional Intelligence Center (NCRIC) will aid this effort.
The success of these partnerships depends upon continuity and sustained effort. We
have also explored other alternatives in order to protect vulnerable residents. The
Coalition Against Human Trafficking and the Coalition Against Domestic Violence
continue to grow stronger. The second problem area for focus is human trafficking. This
includes both sex and labor trafficking, which sometimes overlap. We are already
partnering with national groups Polaris and Equitas, who lend us technical expertise in
human trafficking for both investigative and prosecution efforts. Another area needing
continued support and expansion is our work in the area of truancy.
A district attorney with a long track record of supporting partnerships is paramount for
moving forward. I can be a tough prosecutor when needed and I’ve tried as many or
more significant cases as any other attorney in our office. My last three trials have
resulted in multiple life terms for each defendant. These were complex gang murder
prosecutions. but I am not driven by a quest for power or glory. Nor am I am not driven
by a desire to put people away. The office will always conduct and win trials. I would
like for us to seek more win-win resolutions short of trial. Conducting an excessive
number of trials in an effort to obtain ever decreasing marginal returns squanders our
scarce resources and detracts from our mission. We must do more in the area of
prevention.
I grew up in Contra Costa County, beginning at Pleasant Hill Elementary in the Fall of
1963 and graduating from De La Salle High School in 1976. I attended Saint Mary’s
College and then Hastings College of the Law. My mother owned and operated Contra
Costa Awards and Embroidery in downtown Concord, while my father commuted from
our Central County home to Kaiser Aluminum in Oakland. I have worked in the Contra
Costa County District Attorney’s Office for 30 years, rising through the ranks to the
senior management position of Assistant District Attorney. I know the office and this
county intimately. I know the lay of the land firmly believe I can make a difference. I
want to continue the crime prevention and focused deterrence efforts that I’ve been
working diligently on for more than 10 years.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: The District Attorney’s Office has been rocked by several scandals over the last decade,
from a rape allegation to a fistfight between high ranking attorneys. This was followed
by revelations that veteran attorneys had been quizzing younger coworkers on
preferred sexual practices, and then the resignation and conviction of the District
Attorney.
I will restore and maintain the public’s confidence in the District Attorney’s Office by
placing an emphasis on the behavior of individuals we employ, taking care to ensure we
are pursuing prosecutions which actually protect public safety, and bringing in partners
to increase transparency.
It is also true that, except for the District Attorney’s campaign reporting, these events
took place nearly a decade ago and those earlier perpetrators are no longer in the
mainstream of the office’s functions; most are no longer with the office. Moreover,
nearly 70% of our attorneys were hired after 2007. They had no relationship to the
office when these events occurred. Nonetheless, we must acknowledge that although
the outside perception of our office differs greatly from the inside reality, this outside
perception still demands attention.
In giving careful thought to why we continue to struggle with our reputation, we can
see the issues have not been dealt with in a forthright manner. Neither of our two
August 1, 2017 Contra Costa County Board of Supervisors Minutes 98
preceding district attorneys publicly apologized and resolved to address these issues in
any meaningful way. They failed to set clear expectations. I will do both.
When I am the District Attorney, we will expand our efforts to serve the county as a
collaborative partner, with a special focus on our underserved communities. We will
become more transparent in our activities. These are two things I have championed
over the last decade and as District Attorney, I will bring them to fruition.
The Office Will Shape Individuals’ Behavior
We will act from a position of integrity and we will instill that in our culture. We have
learned that these things do not just blow over. It's a platitude, but we should do the
right thing. Organizations should not be in denial. Those that have tried to hide these
things in the past have paid a much higher price in terms of loss of trust. We have
suffered that loss of trust.
Our veteran attorneys will acknowledge their role in shaping organizational ethics and
seize this opportunity to create a climate that can strengthen the relationships and
reputations on which our success depends. The once familiar picture of ethics as
individualistic, unchanging, and impervious to organizational influences has not stood
up to scrutiny.
An integrity-based approach to ethics management combines concern for the law with
an emphasis on managerial responsibility for ethical behavior. This strategy can help
prevent damaging ethical lapses, while tapping into powerful human impulses for moral
thought and action. We have those attorneys in place. In recent years, I have hired
attorneys with an eye to the quality of moral thought and action. The first thing I look
for in hiring a new attorney is the moral compass that points to good decisions on
behalf of the public. The second quality I look for is a commitment to public service.
Only after the first two are satisfied do I then I look for prosecutorial ability. We need
all three qualities in our attorneys: morality, commitment, and ability. Then an ethical
framework becomes no longer a burdensome constraint within which organizations
must operate, but the governing ethos of an organization.
There is no question concerning the necessity of a sound, well-articulated strategy for
legal compliance in an organization. After all, employees can be frustrated and
frightened by the complexity of today’s legal environment. And even managers who
claim to use the law as a guide to ethical behavior often lack more than a rudimentary
understanding of complex legal issues.
Managers would be mistaken, however, to regard legal compliance as an adequate
means for addressing the full range of ethical issues that arise every day. “If it’s legal,
it’s ethical,” is a frequently heard slogan. But conduct that is lawful may be highly
problematic from an ethical point of view.
Success in creating a climate for responsible and ethically sound behavior requires
continuing effort and a considerable investment of time and resources. Creating an
organization that encourages exemplary conduct may be the best way to prevent
damaging misconduct and better serving the public.
Prosecute the Right People for the Right Reasons.
We will expand our efforts to serve the community with a focus on underserved
communities. This is our mission and we need to be known as reliable and trustworthy
partners. Good deeds don’t cancel out the bad ones, but we can be known for reasons
that don’t include the word ‘scandal’.
Protecting the most vulnerable people starts with understanding who they are and how
they’re connected. Evidence and experience show that a small number of people in
street groups—gangs, drug crews, and the like—drive the majority of violence in
troubled neighborhoods. Group members typically constitute less than 0.5 percent of a
city’s population, but they are consistently linked to 60 to 70 percent of the shootings
and homicides. The internal dynamics of the groups and the honor code of the street
drive violence between those groups and individuals.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 99
Research has shown that focused deterrence is far and away a prosecutor’s best tool to
prevent crime and recidivism. Police, probation officers, and prosecutors will identify the
most dangerous offenders. Officers target a specific criminal behavior committed by a
small number of chronic offenders, such as gang members. Then, working together with
gang intervention workers, local clergy and people from other service agencies can
deliver a message to those offenders: “We care about you. We’re going to help you,
and we’ll follow up with an offer of help from social service providers for those who
want it.”
Those at risk can be identified. “Gunshot violence follows an epidemic-like process of
social contagion that is transmitted through networks of people by social interactions,”
concludes a study published by the Journal of the American Medical Association in 2016.
Researchers, using police records of people arrested together for the same offense,
they mapped a network of 138,163 subjects and looked at the spread of violence within
it. Their model, based on the ones epidemiologists use to understand contagion,
assumed that shootings were likely to spread between co-arrestees, who would have
close social ties and engage in risky behavior together. When they ran probabilities on
people linked to a shooting victim, what they found was staggering: 63% of the 11,123
total shootings in the network were part of a longer chain of gunshot victimization. The
closer someone was to a victim, the greater the risk of being shot.
I have already enlisted the help of the Contra Costa County Public Health Department
to aid us in this area. We have also partnered with the Naval Postgraduate School to aid
us in this area.
Bring in Partners to Increase Transparency
The most powerful actor in the criminal justice system, the District Attorney’s Office, is
also the least studied and examined of the components. Courts, corrections, law
enforcement and defense attorneys are often studied, but not so for prosecutors. One
reason for lack of trust is lack of transparency. The best way round that is to make
ourselves as transparent as possible. We can bare our soul and invite others, including
media and researchers into our office to look around. the media to look around. I have
already started the ball rolling by commissioning two Berkeley researchers to study and
make recommendations. One looked at East County Focused Deterrence and the other
at Racial Disparity. I will also form separate community advisory panels for both youth
and for those released from incarceration. I understand that being silent or slow to
communicate with the outside world can do more harm than good to our office. We can
and we will start a dialogue with our local communities.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: I would address the mentally ill who are cycling through our justice system by
participating in the Stepping Up Initiative, which provides leadership on a state and
national level. I was a member of the Contra Costa County team at the California
Summit last January and I will commit the office to wholehearted participation in this
initiative. As addressed above, the criminal justice system cannot solve all of society’s
problems through prosecution and incarceration.
The Stepping Up Initiative has devised six questions county leaders need to ask:
1: Is your leadership committed?
2: Do you have timely screening and assessment?
3: Do you have baseline data?
4: Have you conducted a comprehensive process analysis and service inventory?
5: Have you prioritized policy, practice, and funding?
6: Do you track progress?
We need to identify and recruit a champion for the work. This should be someone close
enough to the Board of Supervisors to hold agency administrators accountable for
participating in the meetings as well as implementing the plans developed by the
various criminal justice stakeholders. While our office can supply someone to become
knowledgeable and committed to this project, I think we should remain in a partner role
offering input.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 100
We need to develop pre-arrest and pre-booking diversion alternatives to help reduce
the number of mentally ill people entering jails in the first place, and connecting them
to treatment and other resources when they do encounter the justice system. This
means partnering with community-based organizations and advocacy groups to provide
Crisis Intervention Team (CIT) training to law enforcement officers. Richmond, through
its RichMinds Network is already working on this. Behavioral health departments and
providers are partnering with law enforcement agencies to staff mental health co-
responders or jail mental health coordinators to help divert people from jails and
connect them to treatment.
Funding is always difficult, but it can come from diverse and often blended sources.
Enrolling individuals into health coverage and connecting them with care is crucial.
Many counties are enrolling individuals with mental illnesses into Medicaid or other
health care coverage whenever possible. Particularly in states that have expanded
Medicaid, many justice-involved individuals with mental illnesses will qualify for
coverage. Medicaid coverage can connect individuals to the care they need once they
are in the community and can help lower health care costs by decreasing
hospitalizations and emergency room visits. It can also decrease recidivism. In
Monterey County, for example, a study found that individuals who received treatment
for behavioral health disorders after release from the county jail spent an average of
51.74 fewer days in jail per year than those who did not receive treatment.
Data collection is important for analyzing both point-in-time data as well as to track
progress on any reform efforts. For example, using a validated mental health screening
tool at booking, and including the results in a format that allows them to be analyzed
later in an electronic case management system, will help identify and count the number
of people with mental illnesses coming into jail. Without knowing this basic baseline
information about the population, it can be difficult to help pinpoint the source of the
problem. Collecting and analyzing this data over time will help to show progress – or
lack thereof – with initiative activities. This should be integrated into the current case
management system for our office, as well as other partners.
We need to collect data on multiple system touch points for the individuals. For a
complete picture, we should collect data for arrests, filing of charges, pretrial release
decisions, case processing, disposition and community supervision. I am already a
member of pretrial services and pre-release services teams working in these areas.
Beyond that, incorporating data on diversion and linkages to treatment and other social
services such as employment and housing supports can help to show the impact of
these services on individual outcomes, including recidivism.
Obviously, reducing recidivism is a major interest for the District Attorney’s Office.
Ideally, this data would be collected for individuals with and without mental illnesses to
provide a point of comparison for identifying disparities at each of these points. Along
these same lines, we should collect data for key demographics such as self-identified
race, ethnicity and gender for both populations to identify further disparities. Having
this data at each touch point will not only help to identify disparities and gaps in the
systems, but will also help to track people as they move through the system. This is not
limited to mental illness. While mental illness is unique, many people passing through
the system are suffering from their own trauma and could use help. Thus, the Stepping
Up Model will also give us a framework for working with other populations as well.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: Changes in federal policy regarding immigration issues have had an effect on our local
criminal justice system. In July of this year, as Assistant District Attorney, I was tasked
with arbitrating a conflict between several prosecutors and several deputy public
defenders regarding guilty pleas and immigration consequences. The law requires trial
August 1, 2017 Contra Costa County Board of Supervisors Minutes 101
courts to make an inquiry to satisfy themselves that there is a factual basis for guilty a
plea. Until recently, this was a simple matter in which the defense attorney would
simply stipulate that based on the police report or some other document, a factual basis
for the plea existed.
Now, with the new focus on deportations, many defendants and their attorneys are
wary of stipulating to any document for fear that it could be used against them in a
deportation hearing. Instead, defense attorneys are offering a stipulation based on
confidential communications, which the California Supreme Court says is legally
permissible.
Stipulations based on confidential communications are meeting with resistance from
many prosecutors because of distrust and because of political leanings. In fact, some
prosecutors in our office have asked to be exempted from our office policy that requires
that we follow California Law regarding adverse immigration consequences. The
prosecution, in the interests of justice, is statutorily required to consider the avoidance
of adverse immigration consequences in the plea negotiation process, as just one factor
in an effort to reach a just resolution.
Some of our conservative prosecutors argue that the best practice would be best if the
defendant was forced to state the facts amounting to the crime, but feel a stipulation to
the police report, preliminary hearing transcript or grand jury transcript is sufficient
compromise. Anything more is a dereliction of our duty.
While unpopular, I believe that to require such a stipulation ignores the direction given
by our Legislature. Defense attorneys see a very real danger of adverse immigration
consequences under President Trump. On the other hand, our prosecutors lose nothing
by allowing the stipulations from defense counsel, because it has no effect on the
outcome of our state prosecution.
The lesson learned is a repeat of a lesson I have learned many times: Good leadership
is not a popularity contest. I will suffer resentment regarding my decision and be
accused of not being able to stand up to the defense attorneys. This will come from
some of my coworkers. Nonetheless, I am not able to decide otherwise. Both the courts
and the Legislature have spoken on this issue and we must follow their lead. I took an
oath to uphold the law. I’ll do so even if it’s unpopular.
This has been a recurring issue in our office. Many prosecutors have been resistant to
AB 109 and to other changes in our criminal justice system. Without my leadership and
collaborative efforts, we would not have been able to make near the gains we have thus
far with Re-entry and with Ceasefire. This is why we need a forward thinking District
Attorney for Contra Costa County.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: My most significant and complex legal matter was the successful prosecution of People
v. Coby Phillips and People v. Jose Vega-Robles. The case is now a central part of the
California District Attorneys’ Association curriculum on how to prosecute gang murders
and how to introduce expert testimony.
Geographically, this case arose from a narcotics operation centered in West Contra
Costa County. It sprawled from Oregon in the North to Sinaloa, Mexico in the South
before it finished. The case centered around the Family Affiliated Irish Mafia (FAIM) and
the Sinaloa Drug Cartel, but it also included the Aryan Brotherhood and Nazi Lowriders
prison gangs, as well as Hell’s Angels and Sureno gang members. Crimes included two
separate murders, an attempt murder, witness intimidation through disclosure of a
prison debriefing, and a solicitation to kill a defense attorney when she visited her client
in jail. There were also shanks secreted in jail cells and an overarching conspiracy to
sell controlled substances. Please see the attached letter from Defendant Coby Phillips.
While I had been aware of Coby Phillips for several years, this case did not come to my
attention until late 2007, nearly three years after the murders. To complicate matters
more, the defendants, including Phillips and Vega-Robles were prosecuted in federal
August 1, 2017 Contra Costa County Board of Supervisors Minutes 102
court for a different crime before I filed my charges. This required me to deal with a
meritless claim of double jeopardy. , the brother of Jose Vega-
Robles, testified that he had paid Richmond Police Detective as much as
$100,000 for confidential information, which included revealing the name of a
confidential informant. Jose Vega-robles later shot that informant. We only learned that
shooting had taken place when a codefendant debriefed us about it in late 2007. By
that time, almost all the police reports recounting the shooting had disappeared.
I filed the charges, I made appropriate deals with witnesses and I authorized witness
relocation. I personally did the legal research and wrote the motions. Finally, I took
three of the defendants to jury trials and won multiple murder convictions. There were
eight 8 defendants in all and each one suffered at least one felony conviction – even
those who agreed to testify. Those placed in witness relocation are now self-sufficient
success stories, proving that people can change their ways.
Initially, there was opposition inside the District Attorney’s Office, with some claiming I
did not have enough evidence to make the case. The naysayers did not understand the
theory behind my plan and how the pieces would fall into place.
In the end, the California Court of Appeal affirmed the Vega-Robles conviction,
concluding:
“Mexican methamphetamine to end-users in west Contra Costa County was more than
sufficient to establish an overarching conspiracy to sell illegal drugs for profit, as
charged. Here, the evidence showed defendant obtained the methamphetamine—from
Mexico or from less savvy drug dealers—and distributed it to others … who performed
their parts in making sure defendant's product was delivered to various levels of
middlemen between defendant and the end-users. Sometimes their duties involved
pickups and deliveries, and sometimes they involved shooting people who got in the
way of the operation, but all contributed in one way or another to the success of the
criminal enterprise. … [D]efendant was a large scale supplier of methamphetamine to
others in west Contra Costa County who knowingly sold drugs to middle- and lower-
level dealers in the distribution chain, so that everybody in the chain could make some
money from the drug sales.”
The Vega-Robles case has been to the California Supreme Court on the matter of expert
testimony after the law changed in that area. Fortunately, I had spotted the issue in
advance. I always conducted my expert witness examinations in accordance with the
Supreme Court’s Sixth Amendment interpretation. new view, and this was recognized
by the California Appellate Court when the case was returned to them for further
consideration. The court stated: “
… In our view, what the prosecutor did here is, by and large, exactly what Sanchez
proposes prosecutors should do.”
In the end, we had jury trial convictions for two murders, gang enhancements, witness
intimidation, and solicitation of the murder of a codefendant’s attorney. Not only that,
we uncovered police corruption and made new case law.
13.Q: What is the size of the population/client base served by current employer?
A: 1.1 Million
14.Q: To whom do you currently report, by title?
A: Doug MacMaster, Chief Assistant District Attorney
15.Q: What number of staff are employed by current employer?
A: Approximately 205 employees of whom 103 are attorneys.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: I presently oversee 30 attorneys in my direct chain of command. , which comprises our
special prosecution units. I indirectly oversee 205 employees as an Assistant District
Attorney.
17.Q: What is the largest number of staff you have overseen, and where?
August 1, 2017 Contra Costa County Board of Supervisors Minutes 103
A: Directly 30 in my chain of command.. Indirectly 205 as Assistant District Attorney. As a
school board member, I indirectly oversee 1500 employees.
18.Q: What is your current employer's operating budget, in dollars?
A: The Department's operating budget for Fiscal Year 2017/18 is $19.5 million from the
county general fund. However, because of grants and other funding sources, the total
budget over $39 million.
19.Q: For what portion of budget are you responsible, in dollars?
A: As Assistant District Attorney, I share in the responsibility for the entire budget. We do
not assign responsibility for the budget to individual units in the office.
20.Q: What is the largest budget you have ever been responsible for, and where?
A: $150 million as a Napa Valley Unified School District Board of Trustee Member.
$39 Million as an Assistant District Attorney
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 104
August 1, 2017 Contra Costa County Board of Supervisors Minutes 105
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Richard A Madsen Jr Address:
Danville, California US
Home Phone:Alternate Phone:
Email: rick@madsenlawfirm.com
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$258,180.00 per year
Are you willing to relocate?No
Types of positions you will accept:Regular
Types of work you will accept:Full Time
Types of shifts you will accept:
Day , Evening , Night ,
Rotating , Weekends , On
Call (as needed)
Objective
To promote sound and transparent law enforcement, inspire public
confidence in the Contra Costa County District Attorney's Office, and
to honorably serve the community of Contra Costa County in which I
have been a resident for more than 50 years.
Education
Graduate School
University of the Pacific, McGeorge School of Law
8/1985 - 5/1988
Sacramento, California
Did you graduate: Yes
College Major/Minor: Juris Doctorate
Degree Received: Doctorate
College
California Polytechnic State University
[Unspecified Start] - 1984
San Luis Obispo, California
Did you graduate: Yes
College Major/Minor: Political Science/Pre-
Law Concentration
Degree Received: Bachelor's
Work Experience
Owner
10/2011 - Present
Madsen Law Firm
www.madsenlawfirm.com
1655 North Main Street, Suite 240
Walnut Creek, California 94596
Hours worked per week: 60
Monthly Salary: $0.00
Name of Supervisor: Self
May we contact this employer? Yes
Duties
Manage a successful Bay Area law practice, focusing on criminal defense and selective victim
advocacy, civil rights, and personal injury matters.
Founding Partner
10/1996 - 10/2011
Hours worked per week: 60
Monthly Salary: $0.00
# of Employees Supervised: 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 106
Madsen & Wolch, LLP
2055 North Broadway
Walnut Creek, California 94596
Name of Supervisor: Self
May we contact this employer?
Duties
Managed well-recognized and respected law firm in downtown Walnut Creek. Areas of practice
included statewide criminal defense, civil litigation, insurance defense, and family law.
Reason for Leaving
Downsized busy law office with multiple attorneys and areas of practice to a smaller, more
tailored and focused law firm.
Associate Attorney
1/1993 - 10/1996
Law Offices of Terence Daniel Doyle
208 West El Pintado Road
Danville, California 94526
Hours worked per week: 40
Monthly Salary: $0.00
Name of Supervisor: Terence Daniel Doyle
- Owner
May we contact this employer? Yes
Duties
Managed hundreds of assigned insurance and civil defense files. Developed a criminal defense
practice throughout the State of California. Managed/supervised associates and support staff.
Reason for Leaving
Left to establish my own law practice.
Deputy District Attorney
6/1990 - 9/1992
Contra Costa County District Attorney's Office
http://www.co.contra-costa.ca.us/203/District-
Attorney
725 Court Street
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $0.00
Name of Supervisor: Robert Kochly -
District Attorney
May we contact this employer? Yes
Duties
Misdemeanor Trial Team
District Attorney Narcotic Enforcement team
Felony Preliminary Hearings
Animal Control Deputy, aka "Dog Deputy"
Victim and Witness Advocate
Reason for Leaving
County budget crisis.
Certificates and Licenses
Type: California State Bar License
Number: 146174
Issued by: State Bar of California
Date Issued: 6 /1990 Date Expires: 12 /2017
Skills
Office Skills
Typing:
Data Entry:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 107
Additional Information
References
Professional
Gagen Jr Esq., William E
Partner, Gagen McCoy
Professional
Grossman, Esq., Elizabeth
Law Offices of Elizabeth Grossman
Resume
Text Resume
Attachments
Attachment File Name File
Type
Created
By
Richard A Madsen, Jr. Resume
7.21.17.docx
Richard A Madsen, Jr. Resume
7.21.17.docx Resume Job Seeker
Cover letter to Board of
Supervisors 7.21.17.doc
Cover letter to Board of
Supervisors 7.21.17.doc
Cover
Letter Job Seeker
Redacted application Richard A Madsen Other LaShonda
Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
August 1, 2017 Contra Costa County Board of Supervisors Minutes 108
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A:
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
August 1, 2017 Contra Costa County Board of Supervisors Minutes 109
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: Former Contra Costa County Deputy District Attorney, with a record of trial success.
Self-employed Contra Costa County criminal defense attorney for over 25 years, with
proven results statewide. I have represented well over 3,000 individual defendants and
worked with district attorneys offices up and down the State of California - I have seen
what works, and what doesn't. I have established a career based on candor, integrity,
truthfulness, and the ability to seek and find common ground with persons of diverse
backgrounds and personal circumstances. My professional reputation within the legal
community and the bench for tenacity and seeking and speaking the truth is long-
established. In 2014, for example, I was retained at first glance, on a misdemeanor DUI
case. My investigation of the facts led me to conclude that the arresting officer had
unlawfully gained access to my client's cellular device and had transmitted personal and
private photographs to himself and other CHP officers. In the interests of justice, I
brought that information forward to the District Attorney's Office which initiated a
criminal investigation and determined this was a widespread practice, and ultimately
secured a felony conviction against the officer. My clients and I took a courageous
stand, and the case has influenced police officer conduct and protocol within law
enforcement agencies statewide and across the country.
5.Q: Describe your organizational and management experience.
A: In 1996, I established Madsen & Wolch, LLP, with one partner, one paralegal, and no
cases. With hard work, a commitment to people and purpose, and honoring the practice
of law, the partnership grew steadily over a period of fifteen years. Throughout that
time, I hired and managed attorneys, paralegals, and support staff. I forecasted
revenue and operating budgets, negotiated lease agreements and service contracts,
and most importantly, fostered a working environment that was fun, tolerant, and
respectful.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Justice could be better served, victims more fully protected, and the conduct of
offenders modified, by decreasing the delay between arrest, charging, and arraignment.
Currently, standard law enforcement protocol is that cite-released offenders are given a
court date 60 days post-arrest. More often than not, offenders are not charged within
that period of time and it is common that mid-level felonies and misdemeanors are not
charged until six months or more after arrest. That practice is dangerous, insensitive to
victims, and completely misses an opportunity to impact and modify behavior. Although
many factors contribute to this phenomenon, the fact remains that too many felony and
misdemeanor cases are forced to jury trial, at significant expense to the County and
without referral to proven alternatives to traditional sentencing. Quite simply, more
cases should be referred to Drug Court, Domestic Violence Court, Mental Health Court,
and Veteran's Court which serves the concurrent objectives of cost savings to the
County and treatment and behavior modification for offenders. That's how we make our
community safer and the system more equitable... early, aggressive, and
comprehensive intervention.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: Serving with the District Attorney's Office, in whatever capacity, is an honorable calling.
At its core, one can end each day saying: "I did something good today." Unfortunately,
over the last 7 years, internal strife, physical altercations, and resentment have
overshadowed the fine and honorable work of the professionals in that office. That can
change. In my current capacity, I work every day with the D.A.'s of Contra Costa
County and would consider it a privilege to promote the much-needed spirit of
camaraderie. I started my career in public service, and always knew that I would
return.... I just didn't know it was going to take 25 years, but truth be told, there's no
August 1, 2017 Contra Costa County Board of Supervisors Minutes 110
greater calling than serving and protecting the public and saying: "I did something good
today."
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: Restoring confidence in the District Attorney's Office must start internally. On day one, I
would move my office from the 4th Floor to the 1st Floor to instill and reinforce the
principle that we work together in a common pursuit to do justice and protect the
public. Just as importantly, I would continue to be myself: an attorney that works
tirelessly, day in and day out, for the people I am sworn to serve. Within the District
Attorney's Office, I believe my reputation speaks for itself: truth, honesty, and
perseverance. Those qualities, which are shared by the overwhelming majority of
Deputy D.A.'s, Investigators, and support staff, should be communicated more
effectively to the citizens of Contra Costa County by way of more frequent press
releases, news conferences, and social media engagement. Local law enforcement and
the District Attorney's Office in particular, are ground zero in response to the
sentiments and policies emanating from Washington D.C. Sound law enforcement must
emphasize family stability and security and towards that end, I have worked to secure
post-conviction AB 813 relief for immigrants and will continue to promote the
rehabilitative effects and equitable principles embodied in that law. I pledge to work
alongside the Public Defender's Office and immigrant advocates where appropriate to
promote the values we share.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: AOT/Laura's Law (a California state law that allows for court-ordered assisted outpatient
treatment) is still widely underutilized. Where appropriate, as District Attorney, I would
work to facilitate further education and inter-agency cooperation to support citizens
who are eligible for and would benefit from this type of assistance.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: As a Deputy District Attorney, I was assigned to trial on a religious-based hate crime.
The trial commenced, and the purported victim testified regarding a series of threats
and vandalisms against his person and property. During the course of the trial, the
victim claimed that the defendant's hateful conduct was ongoing. Alarmed, and
somewhat wary of that claim, I communicated with the investigating officer and asked
for follow-up investigation. That evening, law enforcement confirmed that the "victim"
was falsifying the occurrences and actually personally engaging in the conduct for which
he had accused the defendant. With that information, I went to my Deputy District
Attorney Supervisor and informed the court and dismissed the charges. The "victim"
was ultimately charged and convicted of perjury. The lesson? Seeking justice is not
necessarily the same thing as seeking convictions.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: Without giving away too many identifying details, Jane Doe, a pregnant 16-year-old
ward of the court and victim of a violent knife attack at the hands of a close family
member, walked into my office unannounced. She was referred by a colleague and
needed immediate assistance. Preliminarily, I needed consent from the Juvenile Court
for the appointment of a Guardian ad Litem and to serve as her counsel, which was
granted over vigorous objection by a panel of county lawyers and representatives.
Thereafter, I served as her Marsy's Law representative and intervened with the District
Attorney's Office to ensure that the perpetrator of the offense would not be released
from custody. Simultaneously, I filed an ex parte action in civil court to seize and
preserve the defendant's substantial assets, and then moved forward with a civil
personal injury action on a priority basis for my client. During this process, I identified
August 1, 2017 Contra Costa County Board of Supervisors Minutes 111
potential insurance proceeds, convinced the appropriate bodies that coverage applied,
and successfully coordinated a complicated multi-party mediation that resulted in a
substantial recovery for my client and her now-young son. Subsequently, I arranged for
the creation of a Special Needs Support Trust and the appointment of a trustee and
fiduciary to preserve capital on my client's behalf. I'm very happy to report that Jane
Doe is enrolled in a nursing program, will soon graduate, and is living securely with her
young son out of county.
13.Q: What is the size of the population/client base served by current employer?
A: Throughout my career, I have represented all manner of individuals, businesses,
corporations, and bureaucracies throughout the state. At one point, I was the
responsible/managing attorney for over 200 active files. The primary emphasis of my
practice has always been criminal defense. I strive to make a positive impact on my
clients, to influence their behavior and reduce the chance of recidivism. Similarly, while
I advocate strongly on their behalf, I work in a spirit of efficiency and compromise that
seeks a fair resolution given the unique qualities of each client and each case.
14.Q: To whom do you currently report, by title?
A: N/A; Sole Proprietor.
15.Q: What number of staff are employed by current employer?
A: In anticipation of a return to public service, I have intentionally downsized my practice
and currently employ one full-time assistant.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: In anticipation of a return to public service, I have intentionally downsized my practice
and currently employ one full-time assistant.
17.Q: What is the largest number of staff you have overseen, and where?
A: 7-10, in previous employment and partnership capacities.
18.Q: What is your current employer's operating budget, in dollars?
A: Varies drastically from year to year; budget management in 2016 was over $1M.
19.Q: For what portion of budget are you responsible, in dollars?
A: 100%
20.Q: What is the largest budget you have ever been responsible for, and where?
A: Has varied from year to year; estimate largest budget years $1.5M-$2M.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 112
Richard A. Madsen, Jr.
Danville, California
Rick@MadsenLawFirm.com ●
PROFESSIONAL EXPERIENCE
Madsen Law Firm – Walnut Creek, CA 2011 - Present
Sole Proprietor. Manage a successful Bay Area law practice, focusing on criminal defense and selective
victim advocacy, civil rights, and personal injury matters.
Madsen & Wolch, LLP – Walnut Creek, CA 1996 - 2011
Founding Partner. Managed well-recognized and respected law firm in downtown Walnut Creek. Areas of
practice included statewide criminal defense, civil litigation, insurance defense, and family law.
Law Offices of Terence Daniel Doyle - Danville, CA 1993 - 1996
Associate Attorney. Managed hundreds of assigned insurance and civil defense files. Developed a criminal
defense practice throughout the State of California. Managed/supervised associates and support staff.
District Attorney’s Office, County of Contra Costa - Martinez, CA 1990 - 1992
Deputy District Attorney. Misdemeanor Trial Team; District Attorney Narcotic Enforcement team; Felony
Preliminary Hearings; Animal Control Deputy, aka "Dog Deputy;" Victim and Witness Advocate.
ACADEMIC ACHIEVEMENTS
University of the Pacific, McGeorge School of Law, Sacramento, CA
Juris Doctorate – 1988
Moot Court Honor Board
Legal Writing Instructor
California Polytechnic State University, San Luis Obispo, CA
Bachelor of Arts, Political Science – 1984
Pre-Law Concentration
San Luis Obispo Public Defender, Internship 1983-1984
OTHER AFFILIATIONS, INVOLVEMENTS, INTERESTS
Admitted to, Member in Good Standing, State Bar of California, 1990 – Present
Society of California Pioneers
Multi-Million Dollar Advocates Forum
Consumer Attorneys of California
National Association of Criminal Defense Lawyers
Supporter/Lecturer, San Ramon Valley School District and Mt. Diablo School District “Kids and
the Law”
Mustang Soccer Coach
August 1, 2017 Contra Costa County Board of Supervisors Minutes 113
www.MadsenLawFirm.com
Rick@MadsenLawFirm.com
1655 North Main Street, Suite 240
Walnut Creek, California 94596
uly 1uly 19, 201
July 21, 2017
Contra Costa County Board of Supervisors
651 Pine Street, Room 107
Martinez, CA 94553
RE: Contra Costa County District Attorney Appointment
Dear Members,
Please accept my submission and application for appointment to the Office of District
Attorney of Contra Costa County. In order to preserve the integrity of the process,
letters of recommendation will be forwarded under separate cover.
I am a criminal defense attorney with a demonstrated passion for serving the public.
Towards that end, I work with prosecutors, judges, law enforcement representatives,
and people from all walks of life on a daily basis. I believe I am uniquely qualified to
serve, given more than 25 years of experience in the practice of criminal law, both as a
prosecutor and as a criminal defense attorney. I am a consensus builder. I am a friend
to justice. I am prepared to rise to the challenge of the Office, and look forward to
actively participating in the appointment process.
Thank you for your consideration.
Respectfully,
MADSEN LAW FIRM
/s/ electronically submitted
Richard A. Madsen, Jr.
RAM: ss
MADSENLAWFIRM
A T T O R N E Y S A T L A W
August 1, 2017 Contra Costa County Board of Supervisors Minutes 114
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Michael Martin Menesini Address:
Martinez, California US
Home Phone:Alternate Phone:
Email: michael.m.menesini@sfgov.org
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$250,000.00 per year
Are you willing to relocate?Yes
I have lived in Contra Costa all of my life and
have resided at my current address for
nearly forty
Types of positions you will accept:Regular
Types of work you will accept:Full Time
Types of shifts you will accept:Day , Evening , Night , Rotating , Weekends ,
On Call (as needed)
Objective
My objective is to be appointed the District
Attorney of Contra Costa County to fill the
remaining term of that office.
Education
Graduate School
Golden Gate University
9/1972 - 6/1975
San Francisco, California
Did you graduate: Yes
College Major/Minor: law
Degree Received: Doctorate
Work Experience
Assistant District Attorney
11/1996 - Present
San Francisco District
Attorneys Office
850 Bryant Street, Room 322
San Francisco, California 94103
Hours worked per week: 40
Monthly Salary: $0.00
Name of Supervisor: Rani Singh - Assistant District Attorney in
charge of Alternative Courts
May we contact this employer? Yes
Duties
Currently, working with cases involving mental health issues including competency, sanity and
grave disability. I also prosecute Sexually Violent Predators, Mentally Disordered Offenders and
"Murphy" conservatorship cases where those charged with violent crimes such as murder remain
incompetent to stand trial.
Reason for Leaving
still working
Certificates and Licenses
August 1, 2017 Contra Costa County Board of Supervisors Minutes 115
Type: California License to
practice law
Number: 66836
Issued by: State of California Bar Association
Date Issued: 12 /1975 Date Expires:
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Clark, Andrew
San Francisco Assistant District
Attorney
Resume
Text Resume
Attachments
Attachment File Name File Type Created By
Redacted Application Michael M. Menesini_Redacted Other LaShonda Smith
Degree Degree Other LaShonda Smith
News Article News Article Other LaShonda Smith
Flyer Flyer Other LaShonda Smith
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: Yes
4.Q: Are you currently a Contra Costa County employee?
August 1, 2017 Contra Costa County Board of Supervisors Minutes 116
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Contra Costa County Website
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A:
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 117
A:
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: I joined the Merced County Public Defenders Office in 1976 after having served as a
San Jose Police Officer and a Santa Clara County Legal Aid attorney. I worked as a
Deputy District Attorney in Contra Costa County from 1978 to 1991. I had a private
practice from 1991 through 1994 where I defended death penalty cases. Subsequently,
I joined the California Legislative Counsel where I worked to provide legal opinions in
the area of Criminal law from 1994 through 1996. In 1996 I joined the San Francisco
District Attorneys Office as an Assistant District Attorney and have been there for 21
years. I have tried every case imaginable from arson to murder to rape and child
molestation. I have tried approximately 150 criminal jury trials.
I wrote the San Francisco pretrial diversion guidelines pursuant to Penal Code Section
1000 et. seq. and helped DA Hallinan set up a Community Court system in San
Francisco. I became knowledgeable with regard to collaborative and restorative justice
courts.
5.Q: Describe your organizational and management experience.
A: As a prosecuting attorney I have managed trial teams and the Juvenile Section in
Richmond. These assignments involved assigning and monitoring cases as well as
performance evaluation of team personnel.
I managed a private law practice that included the management of payroll and trust
accounts for secretarial and investigative services.
As the Mayor of Martinez, I helped manage City services (including police services) for
almost twenty years (six terms). As a council member and School District Trustee for
another ten years I continued to have the responsibility to review budgets line item by
line item in order to understand where the City and the School District could economize
and/or fund new services.
As a twice elected Chair of the Contra Costa I not only managed the budget for the
Conference, but I led the Mayors to approve in a special meeting called by myself to
approve the governance structure for the Contra Costa Transportation Authority that
was held in the City of Martinez Council Chambers.
As a newly elected member of the Local Agency Formation Commission I led the
successful effort to reverse the decision to urbanize the Briones Agricultural Preserve
and eventually to establish the Brione Hills Preservation Agreement approved by six
cities and the County of Contra Costa.
Currently, I serve as the Treasurer for the Mission Language Vocational School, a non-
profit that serves recent immigrants that has been a "sanctuary" school for a half
century.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Trust and transparency are the major issues in the administration of criminal law and
justice in Contra Costa County. The District Attorney is the ultimate gate keeper and
authority that must ensure equal justice and fairness for all under the law. No other
entity with the criminal justice system has this responsibility. The District Attorney must
August 1, 2017 Contra Costa County Board of Supervisors Minutes 118
be willing to descend from the Ivory Tower and speak directly to victims, prosecutors,
the Defense Bar and the public. I have had decades of experience doing just that.
Contra Costa can more effectively and economically prosecute misdemeanor crimes by
establishing "problem solving" justice programs that embrace collaborative/restorative
justice principles. Both the DA and the Courts in our county have provided a lack luster
effort in this regard. We have one of the most expensive misdemeanor prosecution
programs in the State. Our County has yet to establish a true pretrial diversion program
pursuant to Penal Code Section 1000 et. seq. Our judges have not extended themselves
in support of collaborative/restorative justice. "The truth is that too often judicial
independence is used as an excuse for judicial ignorance." (Good Courts by Berman and
Feinblatt). We must have a DA that is willing to engage the public with respect to
criminal justice. We must have a DA that knows our communities and understands the
impact that crime has upon them.
The establishment of effective collaborative courts and community courts infused with
the principles of restorative justice will go a long ways towards reclaiming public trust.
(see Smart on Crime by Kamala D. Harris).
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: Criminal law has been a life time passion. I have been a police officer, deputy public
defender and a deputy/assistant district attorney. (A prosecutor for 35 years.)
I have a strong and deep connection to our County. I grew up here. My parents and
grandparents were born and grew up in Contra Costa. My father spent many years in
public service in Contra Costa retiring as a Vice Superintendent of Schools in Pittsburg
and as a Board Member for the Contra Costa Sanitary District for twenty years amongst
many other contributions.
I have spent decades in leadership positions within the County promoting the welfare of
our citizens. As a result I have a considerable understanding of the many communities
that comprise Contra Costa.
I should be the DA because I can improve the quality of life in our diverse and varied
communities.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: Restoring and maintaining public confidence is about effective communication. Upon
appointment I will immediately introduce myself by attending every City Council and
MAC meeting in the County. I will immediately begin to establish restorative justice
programs in each community. I will appear at the Mayors Conference and the Police
Chiefs Association to listen and speak about criminal justice concerns. Accessibility and
visibility will be key to effective communication.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: Collaborative Courts, such as the Behavioral Health Court in San Francisco, have proven
to be effective in stemming the tide of recidivism by connecting those afflicted with
mental health issues who find themselves in the criminal justice system with services
and case managers. We should seek to improve upon this concept. Also establishing
effective partnerships with the Public Guardian, Public Conservator and our County
Hospital's Psych. Emergency for the purpose of introducing individuals caught in the
criminal justice system to potential conservatorship could prove effective alternatives to
criminal prosecution.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 119
I have never been sued or disciplined. I have never been the subject of a complaint to
any Court or administrative agency. I have many letters, particularly from crime
victims, that have complimented my efforts for professionalism and compassion.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: Every case is a learning experience and unique in its own way. Cases involving crimes
of violence, particularly domestic abuse, child abuse and sexual assault illustrate how
vulnerable victims can be. In one instance where a very intelligent and accomplished
woman was raped, I experienced her husband verbally abusing her during the trial,
blaming her for the crime. His verbal abuse was difficult to understand. I was forced to
excuse him from my office and found bolstering her self-esteem through victim services
was critical to a successful prosecution. Prosecution often is not simply proving that a
crime occurred but also coping with myriad social issues.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: I have handled many complex legal matters. Years ago, in front of Judge Pat Herron in
Contra Costa County, I prosecuted a triple Defendant murder case that resulted in two
first degree and one second degree murder verdicts. The case rested primarily upon
circumstantial evidence. There were scores of exhibits from the crime scene. The case
preceded the advent of DNA blood analysis and was based upon the ABO blood
analysis. Of note, I was able to locate a young boy who had heard voices that he
recognized while he was hiding and his mother was being cut to pieces.
I just recently completed a court trial where the Defendant was found competent after
years of being deemed incompetent. He was found guilty of killing his mother, girlfriend
and her baby and then found to have been insane at the time he committed these
crimes. Competency and sanity are closely defined by the Penal Code and the DSM.
Trials with regard to these matters can be very complex legally and factually.
In both of the above cases, I was the lead and only prosecutor and obtained justice for
the victims.
13.Q: What is the size of the population/client base served by current employer?
A: The City and County of San Francisco population: approximately one million.
14.Q: To whom do you currently report, by title?
A: Assistant District Attorney Rani Singh who is responsible for overseeing all of our
alternative courts.
15.Q: What number of staff are employed by current employer?
A: Approximately 200 support and prosecutorial staff.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: Currently, I do not directly oversee anyone but I am consulted by numerous attorneys
with regard to competency, sanity and conservatorship issues.
17.Q: What is the largest number of staff you have overseen, and where?
A: Directly, as a prosecutor, approximately 20 individuals who were members of our
Misdemeanor Trial Team and indirectly as a Mayor approximately 200 employees.
18.Q: What is your current employer's operating budget, in dollars?
A: Approximately $30,000,000.00
19.Q: For what portion of budget are you responsible, in dollars?
A: The amount of money spent on alienists (psychologists and psychiatrists) varies
considerably, but in my experience has not exceeded twenty five thousand dollars.
20.Q: What is the largest budget you have ever been responsible for, and where?
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 120
As the Mayor of Martinez I oversaw an approximate twenty million dollar budget for our
general purpose responsibilities and another twenty million dollars for the dependent
special district for water.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
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2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Brad J. Nix Address:
Oakley, California US
Home Phone:Alternate Phone:
Email:bdnix@sbcglobal.net
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$120.00 per hour; $250,000.00 per year
Are you willing to relocate? Maybe
I moved to Contra Costa County in 1979. I bought my current
home in Oakley, in December of 1982 and
Types of positions you will
accept:Regular
Types of work you will accept: Full Time
Types of shifts you will accept: Day , Evening , Night , Weekends , On Call (as needed)
Objective
Become the District Attorney of
Contra Costa County.
Education
Graduate School
Hastings College of the Law
http://www.uchastings.edu/
8/1978 - 5/1981
San Francisco, California
Did you graduate: Yes
College Major/Minor: Law
Units Completed: 81 Semester
Degree Received: Doctorate
College
Universtity of Southern California
http://www.usc.edu/
8/1976 - 5/1978
Los Angeles, California
Did you graduate: Yes
College Major/Minor: Business with an option in
Finance
Units Completed: 64 Semester
Degree Received: Bachelor's
College
Pasadena City College
http://www.pasadena.edu/
8/1974 - 8/1976
Pasadena, California
Did you graduate: No
College Major/Minor: Business
Units Completed: 71 Semester
Degree Received: No Degree
High School
Pasadena High School
1/1973 - 5/1974
Pasadena, California
Did you graduate: Yes
Degree Received: High School Diploma
Work Experience
Deputy District Attorney V
8/1987 - Present
Stanislaus County District Attorney's Office
http://stanislaus-da.org/
Hours worked per week: 40
Monthly Salary: $11,250.00
# of Employees Supervised: 0
Name of Supervisor: David P. Harris - Chief
August 1, 2017 Contra Costa County Board of Supervisors Minutes 129
832 12th Street, Suite 300
Modesto, California 95354
Deputy District Attorney
May we contact this employer? Yes
Duties
Currently: I vertically prosecute vehicle thefts in all criminal departments, arrange global
settlements as practical, periodically I am on call for 187 calls (reported new murder cases),
review and issue criminal cases, routinely work with special investigators, and handle other
duties and special projects as needed. I also handle a number of 187 cases, currently 4. My past
assignments have included most assignments in the office, for example felony trials, Drug
Enforcement, Issuance (review of felony cases for filing or rejection), Consumer Fraud, Homicide
trials, Juvenile, Worker's Compensation Fraud, Calendar, Real Estate Fraud, Vehicle Theft Unit.
I've also handled three management assignments. Chief DDA in charge of Misdemeanors, Chief
DDA in charge of Administration, and Chief DDA in charge of Family Support Division.
Reason for Leaving
I have not left. I will leave to accept the appointment I am applying for.
Deputy District Attorney
8/1982 - 8/1987
Contra Costa County District Attorney's Office
http://www.co.contra-costa.ca.us/index.aspx?
NID=3145
10 Douglas, Suite 130
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $3,166.00
# of Employees Supervised: 0
Name of Supervisor: James Sepulveda - Senior
Deputy District Attorney - Consumer Fraud
May we contact this employer? Yes
Duties
A variety of assignments during my first five years as a DDA: Misdemeanor filing and
prosecution, preliminary hearings, law and motion, felony trials, domestic violence, and
Consumer Fraud.
Reason for Leaving
Take a job with Stanislaus County DA's Office.
Law Clerk
9/1980 - 12/1981
Tinning & DeLap
1211 Newell Ave.
Walnut Creek, California
Hours worked per week: 15
Monthly Salary: $360.00
# of Employees Supervised: 0
Name of Supervisor: Robert Bidlingmaier -
Partner
May we contact this employer? Yes
Duties
Civil: legal research re a variety of legal topics, memos, civil discovery, other duties as assigned.
(Note, this law firm dissolved years ago. Prior partners included Jay Sanders, Keith Howard, and
Robert Bidlingmaier.)
Reason for Leaving
To take the California Bar Exam
Retail Clerk
7/1974 - 9/1980
Lucky Stores Inc. / Ralphs Grocery Stores
1372 South California Blvd.
Walnut Creek, California 94596
Hours worked per week: 16
Monthly Salary: $512.00
# of Employees Supervised: 0
Name of Supervisor: Ray Dillon - Asst. Store
Supervisor
May we contact this employer? Yes
Duties
Stocked, checkout, morning crew, and various department assignments as needed.
Reason for Leaving
August 1, 2017 Contra Costa County Board of Supervisors Minutes 130
To take a law clerk job with Tinning & DeLap. Note the above store location closed many years
ago and Mr. Dillon has retired.
Filer/delivery
2/1978 - 8/1978
La Follette, Johnson, Schroeter & Dehass
http://ljdfa.com/
865 South Figueroa Street, 32nd Floor
Los Angeles, California 90017-5431
Hours worked per week: 15
Monthly Salary: $200.00
# of Employees Supervised: 0
Name of Supervisor: Dennis Ames - Office
Manager
May we contact this employer? Yes
Duties
Filed legal documents in a variety of courts around Los Angeles Co., delivered subponeas, and did
some work in the law library.
Reason for Leaving
To attend law school
Certificates and Licenses
Type: State Bar License
Number: 103133
Issued by: California State Bar
Date Issued: 6 /1982 Date Expires:
Skills
Office Skills
Typing: 35
Data Entry:0
Additional Information
Interests & Activities
In 1998, I served on the committee to incorporate the City of Oakley. I also ran for City Council
and served two terms from 1999 to 2008, including two one year terms as Mayor. While on the
Council, I worked on many projects, including: I helped draft our first budgets, started our
financial policies, wrote a contact to hire the Sheriff's Office, worked to expand Oakley's borders,
hired two City Managers and two City Attorneys, and worked on numerous other City related
activities.
From 1999 through 2008, I represented the City of Oakley on the regional Transportation Boards,
(TransPlan, ECCF&FA, and the Highway 4 Bypass Committee) and then the County wide Board:
CCTA. While on CCTA's board, I chaired one of the two standing committees and worked on a
number of major transportation projections, including: renewing the county wide transportation
sales tax, the expansion of Highway 4 to 8 lanes and bringing BART to East Contra Costa County.
Volunteer Experience
In High School I belonged to Key Club, a volunteer service organization. In junior college I joined
Circle K. We did numerous services projects. During that period, I ran three blood drives and
served as Service Projects Chair and President.
In law school, I joined Phi Alpha Delta, which had the copier concession for the school and
donated half of our proceeds to charity. I served in several positions, ending as Justice of our
club.
From 1992 to 1997, I was a member of the Modesto 500 Lions club and worked on a number of
service projects. My favorite being the annual trip to Camp Jack Hazard to clean it up each
spring.
From 1994 to 2001, I served on the Board of a 501(c)(3) non-profit, Consumer Credit Counselors
of Mid Counties. During that time, I moved up to the vice Chair and then Chairman's position. We
provided free or very low cost credit counseling, offered bill consolidation, and arranged for some
loan forgiveness.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 131
Miscellaneous
I have worked on a number of matters with other Stanislaus County Departments including: the
Dove project, a joint lease for space with the Courts for FSD attorneys, the SO Icjis access for
DDA's, SO production of priors for 969(b) packets. I have also presented matters to the Board of
Supervisors, re: Additional positions at Family Support Division, Real Estate Fraud annual report,
and an REF special report. I also served on the County wide Domestic Violence Task Force with
then DA Don Stahl in 1995-1996.
Additional Information
I have worked in most assignments that a DDA can do within the Office. I have handled a
number of complex cases both standard criminal charges and others, including corporate
securities charges and civil consumer fraud cases. I have handled a number of murder cases and
been through trial on one Death Penalty case, People v. Climer. I have also presented three cases
to the Stanislaus County Grand Jury. I have written both a successful grant application and
several annual grant reports. I have also worked on a number of projects both individually and
with working groups on internal DA's Office projects.
References
Professional
Ferreira, Marlisa
Chief Deputy District Attorney
Stanislaus County District Attorney's Office
Professional
Salter, Timothy
Judge of the Stanislaus County Superior Court
Superior Court of California, County of
Stanislaus
Professional
Steffen, Scott
Judge of the Superior Court
Superior Court of California, County of
Stanislaus
Resume
Text Resume
Attachments
Attachment File Name File Type Created
By
DOC011.pdf DOC011.pdf Cover Letter Job Seeker
Brad Nix CV and DDA
Assignments 1982 to 2017.docx
Brad Nix CV and DDA
Assignments 1982 to
2017.docx
Resume Job Seeker
DOC019.pdf DOC019.pdf References Job Seeker
Professional
License
Job Seeker
August 1, 2017 Contra Costa County Board of Supervisors Minutes 132
Professional License Verification
Source California State Bar
Website.docx
Professional License
Verification Source California
State Bar Website.docx
DOC021.pdf DOC021.pdf Other Job Seeker
Brad J Nix_Redacted Brad J Nix_Redacted Other Alex
Johnson
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A: I saw a news story regarding the BOS meeting of 6/23/2017. From there, I went on
online and watched that meeting and reviewed the County website information.
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 133
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A:
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: I have been a DDA since August of 1982 (nearly 35 years) when I joined the Contra
Costa County DA's Office. In 1987, I moved to the Stanislaus County DA's Office. I have
prosecuted nearly every type of crime a DA's Office can. I have held several
management positions, and worked on numerous special projects involving the myriad
issues that arise in criminal law. I have also presented to a BOS on several DA's Office
issues.
5.Q: Describe your organizational and management experience.
A: As a Chief Deputy District Attorney in 1995, I first supervised the Misdemeanor Unit,
next when the incumbent DA retired, I served the newly appointed DA as the CDDA in
charge of Administration handling budget, policy, and numerous other issues. In that
capacity, I wrote the DA’s Office 1996/1997 budget and supervised it among other
duties. Next beginning in November 1996, I served as CDDA in charge of the Family
Support Division. That Division operated pretty much autonomously from the DA’s
Office. I supervised some 150 to 180 employees (we used a large varying number of
temporary employees), wrote the 1997/1998 Division budget and administered it. I also
dealt with the County CEO's Office, the BOS staff over complaints, and the DA's Office
August 1, 2017 Contra Costa County Board of Supervisors Minutes 134
regularly. Those management duties included hiring, firing, promotions, rotations, job
changes, counseling problem employees, policy changes, and many other duties.
As a City Council Member and Mayor, I served as an elected council member,
overseeing first the development of the City of Oakley from nothing, then its operation
for the first 10 years of the City of Oakley (11/1998-11/2008). I dealt with numerous
issues including contracting for police services, establishment of city codes, setting up a
public works, planning, and engineering departments, acquisition and development of
parks, annexation of new land, development of fiscal policies, oversight of the budget. I
helped hire two City Managers, etc.
I also served as Oakley’s representative to TransPlan, ECCRFFA, the SR 4 Bypass
Authority, and chaired the East County BART Advisory Committee in 2001. I worked
many nights with fellow commissioners on many transportation issues. Next, I served
as a Commissioner at CCTA and as Chair of the APC subcommittee. Over the years, we
approved bonds, then plans, then ongoing work for some of the largest projects in
Contra Costa, including the Highway 4 expansion and the Caldecott Tunnel Expansion. I
also worked on the Measure C tax renewal. All this experience gave me far greater
insight into the problems of management. I often reflected on the differences and the
similarities between line staff, management, and electeds. All were trying to accomplish
lofty needed goals to which I added my own experiences in rotating of those roles. I
found that reflection to be a humbling and very eye-opening experience. I firmly believe
that management must look for value every employee. In most employees, there is
value to be found, albeit it may not be in their current position. It may require, no
effort, or it may require minimal to great effort to get that value, but is an essential role
of management to look for and try to get that value. Failing to do that, means that
management is not paying attention to staff. Management’s failure to constantly look,
leads to problems, such as the ones a few years ago at the Office Sexual Assault Unit.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: First, a public perception of a DA's Office that is out of control, that engages in animal
house behavior, seemingly without a responsible adult in charge. This is not fully true,
but sadly the actions of a few employees over many years have tarnished the Office.
Trust in the Office needs to be restored quickly. The flip side of the coin, is that the
actions of those few, do need to be promptly and appropriately addressed by Office
management so that other employees do not believe that nothing happens and feel free
to engage in similar behavior.
Second, several varying public perceptions from various segments of the county, of an
Office that doesn't seem to care about their issues. This is most notably from some
minority communities and populations with special problems which lead to criminal
cases, especially drug users and the mentally ill. Prosecutors need to know of and have
available to them, a panoply of options to deal with these issues. That requires
enlightened Office management to work with the courts, defense bar, and local
agencies to provide those options, and to train the prosecutors to use them. It also
requires extensive ongoing outreach with various communities that feel shut out of the
criminal law process. Part of that outreach also means hiring members of the various
communities to the extent possible. I especially would like to work on development of
an alternative track for the mentally ill and drug users for example, to get them out of
the courts and into treatment, in a way that protects the public.
Third, discovery in criminal law cases is a huge problem, particularly Brady issues. The
DA’s Office has a statutory duty to provide all evidence listed in Evidence Code section
1054 et seq. It has much stronger constitutional duty to provide Brady evidence. (Brady
is evidence in the possession of the prosecution team [DDAs and Law enforcement] that
might lead to proof of innocence, or of a lesser crime, or in some other way might
damage the People’s case. Brady material must be discovered automatically. In many
cases it is not.) This is a major issue statewide, which will get much worse if not
addressed in a major way. Numerous news stories from around the state have shown
that no DA's Office is immune from this problem. It requires development and
implementation of very strict procedures to ensure compliance. One of my top priorities
will be to meet regularly with the defense bar and courts to work together to address
August 1, 2017 Contra Costa County Board of Supervisors Minutes 135
discovery and make sure we are doing our mandated duty as it ought to be done. In my
experience, this working together is one of the most important things an individual DDA
and a DA’s Office can do. Far too often, new DDAs see the adversarial process that
criminal law by design is and miss the critical importance of starting with full and
complete provision of all discovery. In doing that discovery, DDAs not only do justice,
they also build bridges of trust that cause the defense to cooperate and lead to more
just results. This occurs because both sides get a better view of what occurred and
what a jury will see, we then reach more reasonable decisions. Conversely, where
Brady violations become tolerated, such as in Santa Clara, Los Angeles, and Orange
Counties, major damage is done to the DA’s Office and to the Justice system.
Fourth. I am concerned with how the courts, defense bar, police agencies, and jurors
feel about their day to day interactions with the DDAs. High volume caseloads degrade
those relations. Yet those relations are critical to efficient handling of criminal case
loads. A related issue to this same high volume is the morale of the DDAs and other
Office Staff. The combination of bad news stories and high volume takes a toll on staff
and leads to burn out and then to staff turnover. Prosecution is highly complex work
and needs experienced attorneys and non-attorneys to be effective.
Fifth. Jail overcrowding and constrained county budgets generally are constant issues
affecting criminal justice in the County. Each is outside of the direct control of the DA’s
Office, but these are critical constraining factors. As part of the County Department
Management team, I would hope to be able to successfully advocate for innovative
solutions to try and find alternatives that cost less and hopefully divert some of the
reoccurring defendants from the courts.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: I have been a Contra Costa County resident for 38 years, a prosecutor for nearly 35
years, and was a member of the Contra Costa County’s District Attorney’s Office for 5
years. I am deeply troubled by and want to address what keeps occurring at the DA’s
Office. The DA’s Office in any county, must always strive to take the highest moral
position both professionally and personally, both in and out of court. Very sadly that has
not been happening here. I doubt that this Board is aware of all the issues that have
occurred over the years, since many of them did not make the news. From my varied
experiences, I believe that I can restore respect to the Office and work to instill
professional and personal pride in the staff, so that they work and act in a way that
makes the public proud.
I also want to see problems I described above in question 6, fully addressed. Much of a
DA’s Office’s time is spent on dealing with recycling of the same individual adults
without dealing with the problem(s) that caused them to come to court in the first
place. In contrast, in Juvenile Court, we take a holistic approach to the individual minor
and try to rehabilitate them. We bring together various agencies to try and address the
minor’s issues. It doesn’t always work, but the system works as a team to try.
I am a goal driven person, who wants to make a difference. DA’s Offices tend to stand
apart from other agencies because of their singular mission of prosecution. However, I
am keenly aware from my non-DA’s Office experience in City government and
particularly as part of City/County Transportation committees that for the Office to
succeed, we must strive to work collaboratively with other county departments, state &
local agencies, and private organizations. In other words, we must look beyond law
enforcement. In my career, I have tried to do this repeatedly. I commonly work when
possible, with defense attorneys and the courts to fashion results that deal with the
underlying problem. My caveat is first public safety must be protected and there must
be some deterrence. Once those are provided for, we have room to work and can look
for solutions.
This opening presents an opportunity to make a fresh start with this Office. I would
very much like to help that happen.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 136
First, I will conduct a short (1 to 2 weeks) summary review or audit of the office’s
policies, practices, procedures, and people. Of particular importance, is how much is
organized, written down, and followed and how much is simply office practice or
tradition. Loose practices lead to bad results, particularly regarding personnel,
discovery, and case handling issues.
Second, I will direct a more in depth longer review based on the findings of the first
one. This review is two-fold, one part aimed at drafting solutions to obvious gaps in
policy and procedures. (It is a very sad fact, but most problems any DA’s Office faces
have been addressed elsewhere successfully. Sometimes we only need to look around
to find some better practices.) The other part is aimed at evaluating office management
to see who is part of the solution and who is part of the problem. At the same time as
that second review is occurring, I will meet with the courts, defense bar, and various
community groups to let them tell me what problems and or issues they have seen or
experienced with the Office. I will ask each group for their recommendations regarding
how we are handling various issues.
Third, I and a small team will then begin to work on addressing those issues internally.
Fourth, I will go back to the public and to the various community groups regularly, to
let them know what we are doing and why. I will also ask them for their continued
suggestions and comments and set up a regular dialog. It is a basic principle to me,
that the public has an ongoing right to know what steps are being taken to fix problems
and to know that their concerns are being addressed.
As the above is going on, I will also meet with Office staff, both attorneys and non-
attorneys in small groups to get their input. However I list this last, because
traditionally in most DA’s Offices, that has been the problem: we look internally and
circle the wagons. That practice cannot occur any longer. This Office has long been far
too insular. To give some perspective, that insular attitude was in part what led to the
appointment decades ago of William O’Malley, yet to this day it persists.
As a long time prosecutor, many times I have watched first-hand and heard of other
counties second-hand go through large unnecessary problems and turmoil, due
primarily to bad internal management practices. Attorneys are smart professionals, but
they also are normal people with all of the usual issues and problems. When anyone is
put in a very high stress job, problems can and do easily occur. Management must
watch for signs of stress and move people or otherwise adjust work-loads as needed.
Good management understands that and plans for it with rotations to burn out
positions, time off, even suggested vacations. Good management also requires solid
rules for behavior, that are laid out and explained in advance. These rules must be
fairly and evenly enforced. Lastly and most importantly, management must care about
the well-being of employees and demonstrate that care to the employees every day.
One of the most effective management tools to do that, is simply to walk around daily
and see how people are doing and listening to them, not talking at them. I will do that
and make sure management staff does it as well.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: In question 6, I described the need for an alternative track for the mentally ill and a
panoply of options for the prosecutors and courts. The mentally ill are a particularly
tough problem for the criminal justice system. Their illness itself can cause bad
behavior resulting in criminal charges. Compounding the problem, the mentally ill often
refuse their prescribed medication and instead take illegal substances resulting in drug
addictions and multiple criminal cases. They are also easily victimized on the streets
and then due to their mental illness, many times are not able to testify well or at all as
victims.
As an alternative track, most counties now have a mental health court which is used to
divert criminal offenders with clear mental illness issues. However funding for these
courts remains an issue, because like drug courts, they require much more work from
probation officers and mental health professionals. Many times, the charges that are
eligible for Mental Health court are also limited. I am very much in favor of expansion of
Mental Health Court to include as many defendants as possible, so long as public safety
is not jeopardized . I also would like to work with mental health professionals and
private groups to work on development of placement programs, particularly for those
living on the streets. We are constrained by case law terms of what we can force the
mentally ill to do, but their need is great and growing. This is an area crying out for
legal reform.
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10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: After more than 3 decades of prosecution experience, I can safely say that prosecution
of criminals results in innumerable difficult situations. After a while, you realize that is
the norm, you get used to it, you deal with it, and most importantly, you move on, for
example:
It might be a shooting victim of a carjacking who nearly died, who will never admit that
the entire incident was over a drug deal gone bad and who when the trial is about to
start years later has committed several new felonies to add to his 20-year history of
prior felonies and is currently in jail. It was the allegation that he was staking out
churches on Sundays so that he could burglarize the attendees’ homes, that I found the
most troubling. This case was settled just prior to trial for a plea to 26 years in state
prison.
It might be the discovery that a criminalist at the Department of Justice that you and
your office have worked with for years has a drug habit and has been secretly using
cocaine from the evidence submitted to him for testing. We set up a in-house mini
taskforce, to review all of his cases (several hundred) and unwound numerous
convictions dismissing many if not most of his cases. This was a classic Brady issue.
There are many more possible examples.
The situation that haunts me is this: When we learn of Brady information on a police
officer, we discover that information in the current case where they are a witness.
Thereafter we are obligated to discover the information in all of that officer's cases. In
one such instance, thereafter that same officer became a witness in another case and
when I asked for that same material a manager said we are not to discover that
information any more. In that case, what I was being told do, was Brady error. As a
professional, I cannot do that. Instead, I went back to the first file, dug out the report
and discovered it again. Several of us now watch for cases involving several officers to
make sure that our fellow deputies comply with Brady. Since that occurred, intentional
Brady error was made a crime as of January 1, 2017. The lesson is simple, as
professionals and more importantly as prosecutors we must always obey the law. If we
fail to do that, everything else that follows in that case is tainted. Worse, not only is it
an injustice in that case, it taints the Office and hurts the public as defense attorneys,
judges, and jurors start to doubt law enforcement and convictions drop. Brady issues
do come up often and many times out of blue, causing people to react poorly in their
surprise. We must be vigilant to prevent Brady error.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: People v. Climer was a special circumstance death penalty case that I tried in 1993. I
had never handled a death penalty case before. In those days, we had very few special
circumstance cases and the office policy was to charge them and let the jury decide. I
spent quite a bit of time simply learning the law of Special Circumstance Prosecution
and very intricate trial procedures. All designed to make sure that the defendant got a
fair trial and that any conviction was upheld on appeal. These case are much more
complex then any other type of criminal prosecution.
In this case, Mr. Climer attempted to rob an approximately 78-year-old man named
. Mr. lived in an illegally built shack on railroad right of way south
of Modesto. He lived on a small social security check and by selling legal products to
local hookers and drug users. Mr. Climer (aka Mad Dog) was well known on the streets
for his 20 history of robbing drug users and other folks unlikely to complain at gun point
and occasionally shooting them. Mr. refused to open his door and Mr. Climer
shot him with a shotgun thru the door and took off running. Mr. lived long
enough to call 911. The gun was never recovered but wadding was found in Mr.
along with some of the BBs from the shell. Two days later, Mr. Climer hitched a ride out
August 1, 2017 Contra Costa County Board of Supervisors Minutes 138
of town to Keyes and told the parolee giving him a ride that he had shot Mr.
The parolee dropped off Mr. Climer and promptly found and told a nearby deputy. The
Sherriff’s Office surrounded the house and arrested him when he ran out the back door.
When first questioned, Mr. Climer asked the Detective if Mr. was alive. Detective
Silva responded, ‘well Dog I gotta tell you, he didn’t make it.” The audio tape ended a
minute or so thereafter with lots of retching by Mr. Climer. Aside from the last bit, the
parolee was the only tangible evidence I had against Mr. Climer.
I had the parolee put in a live-in drug program until the preliminary hearing.
Unfortunately, his parole officer rewarded him for his good behavior and let him a few
days early. The day before the preliminary hearing, I got a call that the parolee was
found dead with a needle still in his arm. I.e. someone gave him a hot shot, or killing
dose of drugs. (We never found out who.) I managed to get a holding order, but had
little hope for guilty verdict.
Before trial, Detective Silva and I took Mr. front door, the detective’s shotgun
collection, a variety of shells, several sheets of 4’ by 8’ plywood and went to a gun
range. After lots of shooting, we were able to determine brand and gauge of shotgun
shell used, the gauge of the shotgun used. Next, we determined the approximate
distance from the door and from that could show that it was a deliberate shooting, not
a stumbling on Mr. steps. At trial, we brought in the door, the plywood, and
put on that evidence along with his flight from the house, his retching, and Mr.
last words about being shot.
The defense mistakenly put on an alibi witness, which led to questioning about how well
he knew Mr. Climer. That led to answers about Mr. Climer, which revealed his criminal
occupation of shotgun robber. After six weeks of trial, Mr. Climer was found guilty of
murder with a special circumstance of murder during a robbery. After a week’s break,
we started the penalty phase of the trial. During this phase, the jury decides between
life in prison without parole LWOP, or the death penalty. Over seven weeks, we covered
approximately 5 of 20 prior crimes of Mr. Climer, heard from two his still in prison
brothers about his childhood head injury, heard about brain scanning (a phony science)
heard from his psychologists and mine, and heard from one very special witness.
During his many visits to prison, some ten years before Mr. murder, Mr. Climer
was at a work camp in the mountains during fire season. While he worked alone
watched by the guard, a nearby burning tree fell on the guard. Mr. Climer was free to
run. Instead he ran to the guard and dug him out. The witness was that guard.
A death penalty decision requires consideration by the jury of numerous factors. The
case law on this subject is highly complex and the arguments are very moving. When
all was said and done, the jury chose LWOP. I had no problem with their verdict and
understood it completely. I completed that case a changed man. So were the defense
attorney and the judge. The magnitude of what you are doing is a very heavy weight on
every participant in the trial.
The death penalty is an appropriate verdict for a very small number of cases. One
cannot help, but understand that, if one reads the very horrific crimes that in which the
courts have upheld it. That said, very few murders come anywhere close to that level.
In the years since, I have not had a murder case that came close to justifying the death
penalty. Special circumstance murder cases are much more common now, but we
almost never fail to drop the death penalty early on, once we have all the reports. It is
very difficult to convey the enormity of the emotional impact of a case like that has the
participants. What I can say, is that impact made me a far better prosecutor. (Mr.
Climer's appeals were denied.)
13.Q: What is the size of the population/client base served by current employer?
A: Approximately 540,000
14.Q: To whom do you currently report, by title?
A: Assistant District Attorney, David Harris.
15.Q: What number of staff are employed by current employer?
A: 139 approximately.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: None.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 139
17.Q: What is the largest number of staff you have overseen, and where?
A: Approximately 150 to 180. From November of 1997 to February of 1998, I was the
CDDA in charge of the Stanislaus County Family Support Division. FSD was located at a
separate site and we had a constantly varying number of temp workers as well as
regular staff.
18.Q: What is your current employer's operating budget, in dollars?
A: Including grants about $20,000,000
19.Q: For what portion of budget are you responsible, in dollars?
A: None.
20.Q: What is the largest budget you have ever been responsible for, and where?
A: About $11,000,000 Stanislaus County DA's Office Family Support Division from
November of 1996 to February of 1998.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
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1
BRAD J. NIX WORK
HOME Stanislaus County DA’s Office
832 12th Street, Room 300
Oakley, CA Modesto, CA 95354
bdnix@sbcglobal.net brad.nix@standa.org
WORK EXPERIENCE
Stanislaus County District Attorney’s Office: Deputy District Attorney August 1987 to the
present. Assignments have included (several assignments have occurred multiple times): Felony
Trials, Felony Filing, Drug Unit, Consumer Fraud, Juvenile, CDDA Misdemeanor Unit, CDDA
Admin, CDDA Family Support, Special Crimes Unit, Worker’s Compensation Unit, Calendar in
a Department, Real Estate Fraud Unit, Vehicle Theft Unit. On Call for Homicides and Homicide
Prosecution as adjuncts to the other assignments. ~50 Felony jury trials and 30 to 50
Jurisdictional hearings.
Contra Costa County District Attorney’s Office: Deputy District Attorney, August 1982 to
August 1987. Assignments included: Misdemeanor trials, issuance, and appeals, Preliminary
Hearings, Felony Law & Motion, Felony Trial Team, Consumer Fraud/Securities Violations,
Domestic Violence/Rape, Family Support. ~15 Misdemeanor jury trials and 17 Felony jury
trials. Left to join the Stanislaus DA’s Office.
Contra Costa County Superior Court Department 7: Volunteer Research Assistant to the
Honorable Judge Martin Rothenburg. Reviewed civil law and motion cases, researched and
discussed with them daily with the Judge. Left to join the DA’s Office.
Tinning and DeLap: a Walnut Creek, California Civil Law firm, since disbanded. Law clerk
then associate. September 1980 to December 1981. Duties included research, writing memos,
drafting civil pleadings, correspondence, and all phases of civil discovery. Left to take the
California Bar Exam.
Lucky Stores, Inc. / Ralphs Grocery Co. Walnut Creek, California. Retail Clerk July 1974 to
September 1980. Left to take job with Tinning and Delap.
La Follette, Johnson, Schroeter & DeHaas, a Los Angeles, California Law Firm. Office
Assistant February 1978 to August 1978. Duties included filings, serving subpoenas, some
research, and general office work. Left to attend law school.
CRIMINAL LAW TRAINING /EDUCATION
CDAA and non CDAA schools attended include the following: Middle Level Prosecutor’s
Seminar Advanced Prosecutor’s Seminar, Arson Investigation, Adult Sexual Assault Seminar,
August 1, 2017 Contra Costa County Board of Supervisors Minutes 144
2
Consumer Fraud/Economic Crime Seminar (multiple times), Preparation of Search Warrant
Class, Officer involved Shooting Class, Mentally Disordered Violent Offenders Seminar,
Narcotics Prosecution Seminar, Northern California Fraud Investigator’s Association
Conference. Numerous in office training, webinars, etc.
POLITICAL EXPERIENCE IN CONTRA COSTA COUNTY
1998 Member of Oakley Incorporated, seeking to incorporate the community of Oakley.
1999 Oakley City Council elect until July 1, 1999.
1999-2008 Oakley City Councilmember, Vice Mayor twice, and Mayor twice. Two terms.
1999-2008 TransPlan member representing the City of Oakley
1999-2008 SR 4 Bypass Authority member representing the City of Oakley
1999-2008 ECCRFFA member representing the City of Oakley
2000-2001 East County Bart Advisory Committee member and Chair
2002-2006 Contra Costa Transportation Commission, Commissioner
(Three terms as APC Subcommittee Chair)
OTHER EXPERIENCE
MMB Labor negotiator for the Stanislaus County Attorney’s Association several times.
EDUCATION
Hasting’s College of the Law, San Francisco, California, Class of 1981, J.D. with emphasis in
Tax Law.
University of Southern California, Los Angeles, California. Graduated June 1978. B.S. in
Business with an option in Corporate Finance.
Pasadena City College, Pasadena, California. Attended from August 1974 to August 1976.
Pasadena High School, Pasadena, California. Graduated in 1974.
PERSONAL
Married with two sons. I have lived in Oakley since December of 1982. Prior to that, I lived in
Walnut Creek. Prior service membership in Phi Alpha Delta, Alpha Kappa Psi, Circle K, (all in
Southern CA.) Lions 500 (Modesto, CA) BSA Troop 298 Oakley CA.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
August 1, 2017 Contra Costa County Board of Supervisors Minutes 145
3
Brad Nix DDA Assignments 1982 – 2017
CONTRA COSTA COUNTY DA’S OFFICE
8/24/1982 Hired by Contra Costa DA as a two-year contact DDA
9/1982 After training, assigned to Concord Office: Misdemeanors
2/1983 Started doing Preliminary Hearings
7/1983 Assigned to Felony Law & Motion Unit in Martinez
~12/1983 Converted to three-year contract DDA
1/1984 Felony Trial assignment
7/1/1984 Assigned to Richmond DA’s Office: Misdemeanors and Preliminary Hearings
~1/1985 Hired as a permanent DDA
2/1985 Assigned to Concord Office: Misdemeanors and Preliminary Hearings
6/1985 Consumer Fraud, civil and criminal prosecutions (Major case: Tom Yamashita)
6/1987 Domestic Violence and Sexual Assault Unit
8/1987 Left Contra Costa Count for Stanislaus County DA’s Office
STANISLAUS COUNTY DA’S OFFICE
8/1987 Felony Trials and Felony Issuance
(Major cases: Investigation of TPD Sgt. Ferreira and Jarrell 245 w GBI,
Clampers case)
1/1988 Drug Unit (Then SCDEU now SDEA. Did approx. 26 JTs.)
9/1988 Promoted to DDA V
11/1988 Consumer Fraud, civil, criminal, and environmental crimes)
(TQ left for Modesto City Atty. Picked up Mantz case.)
Youkhanna JT, 2 ½ weeks, (Insurance fraud)
11/1989 Felony Issuance (TQ returned to the DA’s Office.)
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5/1990 Felony Trials with rotations to Preliminary Hearing Unit and Issuance
6/1991 Mantz JT, 7 weeks. (Modesto Auto Center: corporate security
fraud, etc. Guilty 33 counts.)
3/1992 Eickhorst JT, 2 & 1/2 weeks. (Salida stabbing of a 15-year-old 21 times.
Guilty of torture. etc.)
~6/11/1992 Harris 187 JT, 2 weeks.
(Codef. Utter killed himself 4 days prior to JT in 11/1992.)
~6/1993 Climer Death Penalty JT, 13 weeks. (Guilty SC and LWOP.)
9/1993 Juvenile Division as senior DDA
3/1994 Lira 187 Juris, 30-day hearing. Vol. Manslaughter +
4/1995 Promoted to CDDA, assigned to head Misdemeanor Division
Medeiros phony attorney prosecution, ended by plea.
4/1996 DA Don Stahl retired, assigned to CDAA Administration
6/1996 Assigned to investigate series of employee complaints at Family Support Division
7/1996 Assumed second contemporaneous assignment of Acting Family Support CDDA
11/1996 Assigned to CDDA/Director of Family Support Division
Supervised 180 to 200 employees, hired, fired, managed variety of issues.
Worked on implementation of SACCS, switched from FACTS to Alameda
Co. FSD computer system. Worked on reorganization and security issues.
2/1998 Transferred to Criminal Division as a DDA V.
4/1998 Specially assigned cases, most notably:
Mouser 187, prepared it for JT, later reassigned.
Francis Brothers R&T Fraud, collected over $300,000 in unpaid taxes.
Benson 187 JT. ~3 weeks. Hung J.
1/1999 Worker’s Compensation Fraud Unit
1/2001 Felony Issuance
6/2002 Miller JT, 5 weeks. (187 covered up to look like a suicide.)
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2003 Rotated to Juvenile (~15-20 juris. hearings),
(2004 ~ 3 week 187 Juris, Jeffery S. Victim Cody D., Judge McFadden)
2006 Assigned to Calendar in Dept. 3, Judge Whiteside
2006 ~4 week Juris Andrew L. 507685 (Double vehicular death case,
Judge Shaver)
2006 ~ 4 week JT, Angel Cabanillas 187 (14 year old gang def, Judge
Salter)
2008 Assigned to Calendar in Dept. 6, Judge Ashley
(2009 ~3 week JT, Isidora Mata 187 (17 year old Driver for Mata, JT with
Judge Salter)
9/2009 Real Estate Fraud Unit (REF) + collateral 187 on call duties and 187 cases
9/2012- Pres. Vehicle Theft Unit (VTU) + collateral 187 on call duties and 187 cases
(3 short VTU JTs)
2014 ~6 week JT, Joseph Dixon 187 JT with Judge Steffen)
In addition to my VTU assignment, I currently have 4 open 187 cases:
I. Stafford and L. Oldham 1466458 Special Circ. Pending JT
C. Clayton 499237 Pending Preliminary Hearing
W. Smith 1490121 Special Circ. Pending Preliminary Hearing
A. Naranjo 1473100 Special Circ. Pending JT
****************************************************************************
Approx. 82 JTs 15 misdemeanors ~67 felony.
+Approx. 30 - 50 Jurisdictional (about 1 a month over two multi-year assignments to Juvenile. I
did not keep a list of them. That number does not include a number of Fitness Hearings.)
****************************************************************************
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List of Major Trials & Juris, Murder and others, to verdict (# of others handled up to JT):
Mantz, Thomas JT 25401+ (40 cts) G 1991 190577co
Eickhorst, Charles JT 206/208 G 1992 236587co
Harris, Clay JT 187 G 1992 243543co
Climer, James JT 187, Spec. Circ. G / LWOP 1993 150476
Lira, Anthony Juris 187 G Lio 192(a) 1994 Juv. #
Benson, David JT 187 Hung 1998 322720
Miller, Robert JT 187 G 2002 1023510
Steven, Jeffery Juris 187 2nd G 2004 5071468
Andrew L. Juris 192(c)(3) 2 cts G 2006 507685
Cabaniallas, Angel JT 187 G 2006 121925
Mata, Isidoro JT 187 G 2009 121925
Dixon, Joseph JT 187 G 2014 1403615
END
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Professional License Verification Source California State Bar Website
See also: http://members.calbar.ca.gov/fal/Member/Detail/103133
Attorney Search
Brad James Nix - #103133
Current Status: Active
This member is active and may practice law in California.
See below for more details.
Profile Information
The following information is from the official records of The State Bar of California.
Bar Number: 103133
Address: District Attorney Stanislaus County
832 12th St Ste 300
Modesto, CA 95354-2327
Map it Phone Number: Fax Number: Not Available
Email: brad.nix@standa.org County: Stanislaus
Undergraduate School: Univ of Southern Calif; Los Angeles CA
District: District 5
Sections: None Law School: UC Hastings COL; San Francisco CA
Status History
Effective Date Status Change
Present Active
6/10/1982 Admitted to The State Bar of California
Explanation of member status
Actions Affecting Eligibility to Practice Law in California
Disciplinary and Related Actions
This member has no public record of discipline.
Administrative Actions
This member has no public record of administrative actions.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 163
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2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Michael James Roemer Address:
Orinda, California US
Home Phone:Alternate Phone:
Email: mikeroemer@gmail.com
Personal Information
Driver's License:Yes, California , , Class A
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$258,000.00 per year
Are you willing to relocate? No
I live in Orinda, my children are happy in local schools, I don't
need to relocate.
Types of positions you will
accept:Regular
Types of work you will
accept:Full Time
Types of shifts you will
accept:Day , Evening , On Call (as needed)
Objective
Service.
Education
Professional
Univ. of Calif. Hastings College of the Law
8/1978 - 5/1981
San Francisco, California
Did you graduate: Yes
College Major/Minor:
Degree Received: Professional
Work Experience
Deputy District Attorney
4/1985 - 4/2014
Alameda County District Attorney's Office
1225 Fallon St. Rm 900
Oakland, California 94563
Hours worked per week: 49
Monthly Salary: $0.00
Name of Supervisor: Jon Goodfellow -
Sr. DA
May we contact this employer? Yes
Duties
See linked in/resume
Reason for Leaving
Retired.
Certificates and Licenses
Type: Member in good standing California State Bar
Number: 100155
Issued by: California State Bar
Date Issued: 12 /1981 Date Expires: 2 /2023
August 1, 2017 Contra Costa County Board of Supervisors Minutes 167
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Many judges are ex colleagues, Submission on
request
By request
Resume
Text Resume
Attachments
Attachment File Name File
Type
Created
By
Michael James
Roemer_Redacted
Michael James
Roemer_Redacted Other Alex Johnson
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A: N/A
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
August 1, 2017 Contra Costa County Board of Supervisors Minutes 168
8.Q: Where did you hear of this position?
A: Contra Costa County Website
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A:
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A:
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 169
Approximately 30 year career with Los Angeles and Alameda Co. D.A. offices and as
Special Assistant Attorney General in Contra Costa County jury trial.
5.Q: Describe your organizational and management experience.
A: Supervised Gang Unit, supervised young attorneys and law students. Instructed police
officers especially gang experts in investigation, testimony, expertise.
6.Q: What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: Trial expertise. Compliance with Brady. Ethics. Public perception of misconduct and
felony conduct by former DA.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: I'm not sure I do, to be candid with you. "Be careful what you ask for, because you
might get it." Lord Acton warned us that "power corrupts" so if one wishes to preserve
one's soul one should eschew power, correct? The office certainly needs improvement,
and preferably by leadership from outside. I am happy with doing volunteer work on
Legislative analysis on climate issues, and with Lamorinda Community Emergency
Response, and if rejected, I may be relieved. I submitted this application because
people have suggested that I do so, and I feel obligated to do what I can to improve
the office, whether as DA or otherwise.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: By making a concerted effort to make the office the most honest, courageous, ethical,
professional DA office in the country. The Alameda Co. DA office has multiple elected
DAs, congressional representatives, a senator, and a history of respected officials
including US Supreme Court Justice Earl Warren. Why doesn't the CC office have that?
The office needs an example of tenacious advocacy, insistence on compliance with
Brady obligations, listening carefully to everyone, especially defense attorneys and
judges and witnesses and anyone else who provides the opportunity to learn from
opposing viewpoints.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: Same as above, but understanding their cognitive challenges, including with mental
health courts.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
A: No
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: Every trial I had during a 30+ year career involved multiple challenges, each of which I
met and overcame, learning from my mistakes.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: Multiple defendant multiple victim gang murder trial conducted in security courtroom
with threats against witnesses and defense attorney, rendered in code, decoded, and
defused.
13.Q: What is the size of the population/client base served by current employer?
A: N/A
14.Q: To whom do you currently report, by title?
A: Self
15.Q: What number of staff are employed by current employer?
August 1, 2017 Contra Costa County Board of Supervisors Minutes 170
A: Self
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: N/A
17.Q: What is the largest number of staff you have overseen, and where?
A: I supervised the gang unit, and supervised law students doing motions.
18.Q: What is your current employer's operating budget, in dollars?
A: N/A
19.Q: For what portion of budget are you responsible, in dollars?
A: N/A
20.Q: What is the largest budget you have ever been responsible for, and where?
A: I wrote grant applications, but did not directly oversee budgets.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 171
2KA1-2017A - DISTRICT ATTORNEY
Contact Information -- Person ID:
Name: Patrick Vanier Address:
San Ramon, California US
Home Phone:Alternate Phone:
Email: pvanier88@gmail.com
Personal Information
Driver's License:Yes, California , , Class C
Can you, after employment, submit proof of
your legal right to work in the United States?Yes
What is your highest level of education? Doctorate
Preferences
Preferred Salary:$258,000.00 per year
Are you willing to relocate?
Types of positions you will accept:Regular
Types of work you will accept:Full Time
Types of shifts you will accept:Day
Objective
To become the District Attorney for Contra Costa County.
Education
Graduate School
John F. Kennedy School of Law
www.jfku.edu
8/1994 - 5/1998
Walnut Creek, California
Did you graduate: Yes
College Major/Minor: Law
Degree Received: Doctorate
College
San Francisco State University
http://www.sfsu.edu/
9/1992 - 5/1995
San Francisco , California
Did you graduate: Yes
College Major/Minor: Business/Accounting
Degree Received: Bachelor's
College
University of California, Irvine
10/1989 - 5/1991
Irvine, California
Did you graduate: Yes
College Major/Minor: Political Science
Degree Received: Bachelor's
Work Experience
Deputy District Attorney
1/2006 - Present
Santa Clara County
https://www.sccgov.org
70 W Hedding St, San Jose
San Jose, California 95110
Hours worked per week: 40
Monthly Salary: $17,916.00
# of Employees Supervised: 23
Name of Supervisor: Brian Welch - Asst.
District Attorney
May we contact this employer? Yes
Duties
I am currently the Supervising Deputy District Attorney for the Narcotics unit within the District
Attorney's office. My duties include but is not exhausted by:
• Currently supervise a team of 23 personnel - 17 deputy district attorneys, 4 support staff
August 1, 2017 Contra Costa County Board of Supervisors Minutes 172
members and 2 paralegals.
* I train and mentor all new attorneys to my team.
* I coordinate investigations as needed and support the attorneys in their investigations that they
coordinate.
* I manage all operational aspects of the team on a daily basis.
* My team manages the drug court calendar, prosecute over 7000 narcotic cases per year -
felony and misdemeanor, handling all trial responsibilities.
* Oversee the specialized drug court.
* Responsible for all Asset Forfeiture prosecutions.
* Manage the team of 4 specialized attorneys involved in the Major Vendor Narcotics Program.
* Oversee the Confidential Informant Management System.
* I sit on several drug policy working groups in the County.
* I collaborate on legislation with local governments regarding drug policy.
* Train law enforcement on legal issues that affect the administration of justice.
See attached resume for a detailed listing of responsibilities.
Reason for Leaving
I have not left this position to date.
Deputy District Attorney
1/1999 - 1/2006
Office of the District Attorney, Contra Costa
County
www.co.contra-costa.ca.us/203/District-
Attorney
900 Ward St.
Martinez, California 94553
Hours worked per week: 40
Monthly Salary: $10,000.00
# of Employees Supervised: 0
Name of Supervisor: Jose Marin - Supervisor of
the Drug Unit
May we contact this employer? Yes
Duties
I was a Deputy District in the following units within the office:
• January 2002 – January 2006 – Narcotic Prosecution Unit.
• July 2001 – December 2001 – Juvenile Prosecution Unit.
• July 2000 – June 2001 – Felony Trial Unit.
• January 1999 – June 2000 – Misdemeanor Prosecution Unit.
Reason for Leaving
I left this position for a position at the Santa Clara County District Attorney's office.
Certificates and Licenses
Skills
Office Skills
Typing:
Data Entry:
Additional Information
References
Professional
Welch, Brian
Asst. District Attorney
Professional
Rosen, Jeffrey
District Attorney - Santa Clara County
August 1, 2017 Contra Costa County Board of Supervisors Minutes 173
Professional
Carmichael, Dave
Chief of Police for Campbell Police Department
Resume
Text Resume
Attachments
Attachment File Name File Type Created
By
Patrick Vanier Resume
2017.pdf
Patrick Vanier Resume
2017.pdf Resume Job Seeker
Jeff Rosen letter of
support.pdf
Jeff Rosen letter of
support.pdf Other Job Seeker
Carmichael Letter of
Recognition .pdf
Carmichael Letter of
Recognition .pdf Other Job Seeker
CDAA letter of
recognition .pdf
CDAA letter of
recognition .pdf Other Job Seeker
DEA letter of recognition .pdf DEA letter of
recognition .pdf Other Job Seeker
Supplemental questions -
Patrick Vanier.pdf
Supplemental questions -
Patrick Vanier.pdf
Supplemental
Questionnaire Job Seeker
Agency-Wide Questions
1.Q: Have you ever been rejected during a probationary period, forced to resign in lieu of
termination, dismissed, fired, terminated, or had an employment contract terminated
from any position for performance or for disciplinary reasons within the last ten (10)
years?
A: No
2.Q: If answer is yes, please provide name and address of the employers, reason for each
release and dates of employment. If answer is yes, it is not necessarily a bar to
employment. Each case is given individual consideration, based on job relatedness.
A:
3.Q: Are you applying for Veterans' Preference Credit? In open examinations, Contra Costa
County will add 5% to your earned examination score if you pass the examination AND
qualify for Veterans' Preference Credit. In order to qualify for Veterans' Preference
Credit, a person shall: (a) have (1) served in the United States Army, Navy, Marine
Corps, Air Force, or Coast Guard in time of war, in any expedition of the Armed Forces
of the United States, or continuously on active duty for more than 180 days, and (2)
received an honorable discharge or certificate of honorable act of service; (b) or be a
disabled veteran; (c) and present to the Director of Human Resources no later than the
closing date specified in the examination announcement, acceptable evidence of the
required military service.
A: No
4.Q: Are you currently a Contra Costa County employee?
A: No
5.Q: If yes, please enter Employee Number.
A:
6.Q: If yes, enter Merit System job title:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 174
A:
7.Q: Check the appropriate box that describes your high school education.
A: High School Diploma
8.Q: Where did you hear of this position?
A: Other
9.Q: If your answer for question #8 was "Advertisement" or "Other," please tell us in which
publication or website you saw the Advertisement, or how you heard of this position.
A: I heard of this position through the County Supervisor meeting discussing filling Mark
Peterson's vacated position.
10.Q: I authorize the employers and educational institutions identified in this employment
application to release any information they have concerning my employment or
education to the County of Contra Costa.
A: Yes
11.Q: May we contact your present employer?
A: Yes
12.Q: REGIONAL WORK LOCATION INTEREST - Check all that apply:
A: CENTRAL (Concord, Clayton, Lafayette, Martinez, Moraga, Orinda and Pleasant Hill)
WEST (Crockett, El Cerrito, El Sobrante, Hercules, Kensington, Pinole, Richmond, Rodeo
and San Pablo)
EAST (Antioch, Bay Point, Brentwood, Oakley and Pittsburg)
SOUTH (Danville, San Ramon and Walnut Creek)
13.Q: Are you bilingual in Spanish? (Answering this question will require you to be tested in
this language and if placed on the eligible list, your name may be referred out to
departments whose position(s) requires bilingual proficiency as designated by the
Appointing Authority)
A: No
14.Q: Please select languages (other than English) in which you are fluent in speaking?
(Answering this question will require you to be tested in this language and if placed on
the eligible list, your name may be referred out to departments whose position(s)
requires bilingual proficiency as designated by the Appointing Authority)
A:
15.Q: If you select "other" please indicate the language you are fluent in speaking:
A:
Supplemental Questions
1.Q: A completed supplemental questionnaire is required for this position. Please answer the
following questions below and submit your responses with your online application. DO
NOT answer any of the questions by indicating, "see attached resume and/or
application." Applications received without a completed supplemental questionnaire will
be rejected. NOTE: Applicants who completed their education outside of the United
States must submit verification of degree/equivalency with their application. Finalists
will participate in a moderated forum and be interviewed by the Board of Supervisors in
public session. Final candidates' State Summary Criminal History information and
economic disclosure statement (FPPC Form 700) may be made available for review by
the Board.
A: n/a
2.Q: Are you a resident of, and registered voter in, Contra Costa County?
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 175
3.Q: Are you admitted to the practice of law before the Supreme Court of the State of
California?
A: Yes
4.Q: Describe your experience in the practice of criminal law.
A: I have been a Deputy District Attorney since 1999. I am currently a Supervising Deputy
District Attorney for the Santa Clara County District Attorney’s Office Narcotics
Prosecution Team. I have been a prosecutor with Santa Clara County since 2006 where
I served on the Burglary, Assault and Theft (BAT) Team, Sexual Assault Team and the
Narcotics Prosecution Team. Prior to coming to Santa Clara County, I was a Deputy
District Attorney at the Contra Costa County District Attorney’s Office for seven years
(1999 to 2006) working on the Misdemeanor Team, Felony Trial Team, Juvenile Team
and Drug Unit/Regional Anti-Drug Abuse Team.
I am an experienced trial attorney. Over the course of my career, I have prosecuted
more than 50 jury trials that have included rape, child molestation, gross-vehicular
manslaughter, major narcotic traffickers, methamphetamine laboratories, armed
robberies, kidnapping and aggravated assaults. I have also prosecuted multiple
complex conspiracy gang, organized crime and drug trafficking cases involving more
than 20 defendants in a single litigation case through the use of various forms of
technology including electronic surveillance or wiretaps. Throughout my many
assignments I have also prosecuted thousands of cases that have included homicides,
gang crimes, child abuse, domestic violence, major fraud, environmental crimes,
weapon offenses and property crimes. I also work with defense attorneys to address
immigration implications in the process of evaluating charged crimes and crafting
immigration safe dispositions.
I have spent my career collaborating with law enforcement agencies to provide support
in investigations to ensure the safety of the community, as well as to ensure the
integrity of the investigation process. Together we have investigated and prosecuted
major narcotic cases with a particular emphasis on Mexican National drug cartels
operating within California, organized crime syndicates, and gangs. An area of expertise
for me is in wiretap investigations. I have collaborated with federal, state and local law
enforcement on more than 100 wiretap applications that resulted in the investigation
and prosecution of major drug traffickers, street gangs and murderers.
In 2011, I was the Assistant Team Leader for the Narcotics Prosecution Team. In
addition to prosecuting major narcotics cases and the associated violent and nonviolent
crimes as part of the Major Narcotic Vendor Program (MNVP), I was also responsible for
supervising and mentoring the new MNVP attorneys, while simultaneously managing
the responsibilities of the MNVP unit. I was promoted to the position of Supervising
Deputy District Attorney in early 2013. As one of only 15 supervisor positions for an
office of 188 attorneys, I manage one of the two largest teams of lawyers in the Santa
Clara County District Attorney’s Office, tied only with the Gang Unit.
In addition to my prosecution and management duties, I have developed and
implemented trainings for law enforcement agencies, including the following: the
California District Attorneys’ Association, the California Narcotics Officers’ Association,
Northern California High Intensity Drug Trafficking Area (HIDTA), as well as federal,
state and local law enforcement agencies and local bar associations within Santa Clara
County, including attorneys within my office. I have developed and delivered trainings
for police and legal professionals on the subject of wiretap investigations, legal updates
in search and seizure law, Confidential Informant Management, Complex Narcotics
Investigations, California Electronic Communications Privacy Act, The Legal Use of
Eavesdropping Devices in Barricade and Hostage Situations, and most recently
Proposition 64 (Adult Use of Marijuana Act).
5.Q: Describe your organizational and management experience.
A: I am an experienced leader. I became the Assistant Team Leader for the Narcotics
Prosecution Team in 2011 and Supervising Deputy District Attorney of the Narcotics
Prosecution Team in 2013. As a Supervising Deputy District Attorney (SuDDA), I
August 1, 2017 Contra Costa County Board of Supervisors Minutes 176
mentor and directly oversee a staff of 17 lawyers, 4 support staff and 2 paralegals. The
Narcotics Prosecution team maintains the largest attorney staff within the District
Attorney’s Office, tied with the Gang Unit. My attorneys leave my team with solid trial
experience, practical courtroom knowledge, as well as an understanding of how to
navigate complex cases successfully.
I have successfully managed the growth of several teams. When I was first transferred
to the Narcotics Team in 2009, I was the only dedicated prosecutor to the MNVP
mission. Three months into the assignment I completed my first collaborative
investigation with DEA and San Jose Police Department entitled Operation Pato. The
investigation netted 18 La Familia Cartel members and associates identified in the
trafficking of more than 660 pounds of cocaine. This successful use of electronic
surveillance (wiretap) resulted in the seizure of 422 pounds of cocaine, almost a million
dollars and various firearms including an assault weapon. During the wiretap, the
organization kidnapped and tortured an estranged cartel member. The victim was
ultimately found, and the perpetrators were charged with aggravated kidnapping in
addition to the drug and weapons crimes. At the time, this was the largest drug case
coming out of Santa Clara County. It underscored the potential for working organized
crime cases at a higher level and the impact such successful investigations have on the
community. As I continued to pursue more investigations, the District Attorney
committed more resources to the MNVP unit. Today, this specialized group is made up
of four veteran prosecutors handling serious and violent felony crimes tied to the
trafficking of narcotics.
The Narcotics Prosecution Team manages major narcotics investigations and
prosecutions, all felony drug prosecutions, any non-drug felony and misdemeanor
crimes accompanying the drug cases, as well as all misdemeanor drug prosecutions.
The narcotics team vertically prosecutes about eight thousand felony and misdemeanor
cases each year. During my time as the leader of the Narcotics Prosecution team my
responsibilities also included overseeing the District Attorney’s Office’s involvement in
the specialized Drug Treatment Court, Mental Health Treatment Court, developing
policies, procedures and protocols related to issues pertaining to narcotics and law
enforcement use of technology. I implemented and managed adjustments on the
county level in response to changes to drug laws on the state level. My team, under my
guidance, coordinates with federal, state and local governments, law enforcement
agencies and community based organizations on legislative proposals, criminal
investigations and public nuisance issues that improves the lives of the residents of
Santa Clara County.
My management philosophy reflects a systems-oriented approach. When I took over the
Narcotics team in 2013, I identified several systemic issues within the team that were
impeding the judicial process. During the first year I conducted an audit of cases, as
well as attorney, paralegal and support staff functions. From this audit I identified
action points within our system that we then addressed to arrive at solutions to
expedite cases. Using the data, I also reorganized team responsibilities and personnel
objectives through written procedures, followed up by training that articulated clear
expectations for each position unique to the team. Today this team is highly respected,
collaborative, and functional.
Most recently, I reviewed the impact of Proposition 47 and other legislative changes on
the six thousand plus newly affected misdemeanor drug cases. My analysis identified
the cause for the lack of drug treatment outcomes to new drug misdemeanor cases.
This issue was attributed to the fact that those cases were being heard in non-Drug
Court courtrooms. The courtroom personnel lacked the understanding and commitment
to finding drug treatment options for defendants. In December of 2015, I presented my
findings to the Santa Clara County criminal justice partners resulting in the creation of a
working group to reorganize Santa Clara County’s Drug Treatment Court. This year I
was the coordinator from the District Attorney’s Office in charge of managing the
transition of all misdemeanor drug cases to dedicated Drug Courts where treatment
options are now prioritized. This court allows substances abusers who were habitual
offenders of low-level drug offenses to receive a variety of treatment options –
diversion, outpatient, residential, and transitional sober-living environments. This drug
court process also involved the transition of all misdemeanor cases to a paperless
system (the elimination of all paper case files).
August 1, 2017 Contra Costa County Board of Supervisors Minutes 177
I have managed and organized several major projects with successful outcomes. I have
administered the District Attorney’s Office wiretap program since 2009. The
administration of the wiretap program is complex and requires an attention to detail as
well as a thorough understanding of laws pertaining to a suspect’s right to privacy and
protections from illegal searches and seizures under the Fourth Amendment. I have
coordinated, reviewed and/or drafted more than 100 wiretap applications involving
murder, major narcotics and gang crime investigations. I have managed the
investigations with the law enforcement agencies, filed detailed periodic reports with
the Superior Court, coordinated the collection and reporting of statistical information to
the California Department of Justice, managed budgets for these investigations, as well
as trained law enforcement agencies on conducting these complex investigations.
Under my direction, Santa Clara County District Attorney’s Office became one of the
first prosecutor’s offices in the State to have a permanently dedicated room for
electronic interception (wiretap room). This was the product of a successful partnership
with the High Intensity Drug Trafficking Area agency (HIDTA). I presented this
investigative model at the 2013 California District Attorney’s Association Winter
Conference. Since then, several district attorney’s offices, including Contra Costa
County District Attorney’s Office, have applied this model and have established their
own wiretap rooms to improve the quality of those investigations.
I also created a system to manage confidential informants (CI) that allowed our
attorneys to ensure that when they enter a courtroom their discovery obligations have
been met. Santa Clara County is one of few DA’s offices in the state that work with
police agencies to track the use of CIs. Without such a database, informants cannot be
crosschecked and information cannot be properly disseminated to the attorneys in a
timely manner. By creating and implementing this new system, our office was able to
ensure that we were complying with our discovery obligations and that defendants were
receiving information to which they were entitled under the law.
I have collaborated with local government on local initiatives that impact the quality of
life in Santa Clara County;
• In 2012, my office assigned me, based on my prior experience with wiretap law, to
develop training and a countywide protocol for the use of surveillance technology in
barricade, hostage and other crisis situations.
• In 2013, I served on behalf of the District Attorney on the Santa Clara County
Marijuana working group. San Jose city and county leaders assembled a working group
to propose local ordinances to zone and regulate marijuana enterprises within Santa
Clara County. Through these laws, San Jose was able to reduce the number of
unregulated dispensaries from 120 storefront operations to 16 licensed and registered
businesses. These laws have helped to remove the lawless behavior of unregulated
marijuana businesses while at the same time allowing for robust and safe access to
medical cannabis to the people who desire it in Santa Clara County.
• In 2014, I rewrote and updated the Santa Clara County Child Abuse Protocol
pertaining to hazards, investigative measures and the legal responsibilities for
mandated reporters for drug exposed and drug endangered children.
• Beginning in 2015, I organized a pilot project that assisted in the creation of
immigration safe dispositions for first time offenders of misdemeanor drug cases. This
program provided options for defendants to enter into diversion programs without
endangering their immigration status. It was eventually rolled out countywide.
• Since 2015, I have collaborated on several legislative initiatives written by
Assemblyman Evan Low and Senator Jerry Hill. These bills have involved setting
standards for individuals driving under the influence of marijuana, driving while
consuming marijuana and sentencing enhancements for manufacturing
methamphetamine near a school/day care center or inhabited dwelling. I also worked
with the with the Court, Defense Bar, Probation and other Criminal Justice Partners to
institute local policies to comply with Proposition 47, The Safe Neighborhood and
Schools Act and Proposition 64, The Adult Use of Marijuana Act. These policies created a
system to ensure that the defendants legally entitled to relief under the new laws were
afforded expedited resolutions on their legal matters.
6.Q:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 178
What do you believe are the major issues or problems in the administration of criminal
law and justice in Contra Costa County?
A: The Contra Costa County District Attorney’s Office is an agency in crisis. Recent events
epitomizes decades of poor leadership that has fostered a toxic culture which lacks
diversity, emphasizes cronyism, and relegates the citizens of Contra Costa County to
secondary players in the criminal justice system. This behavior requires seismic reform
to properly and effectively transform this office into a respectful member in the judicial
process.
I see three systemic deficiencies in the District Attorney’s Office that has created or
been a contributing factor to major problems in the administration of criminal justice.
The first is racial disparity within the county’s criminal justice system. This District
Attorney’s Office currently suffers from an absence of cultural competence amongst its
staff to enable leadership in these areas. Second is the highly dysfunctional culture
within the District Attorney’s Office. The DA’s office has created a lack of diversity in
leadership positions and has entrenched the “good ol’ boys” network that reinforces
cronyism, supports a misogynistic environment, and sidelines talented attorneys who
refuse to participate in that process. Lastly, the lack of innovation and implementation
of best practices within the District Attorney’s Office is a barrier to criminal justice
reform. The impact to justice is the severe restriction of growth, and the inhibition of
active, effective responses to critical community issues.
Contra Costa District Attorney’s Office needs to be a leader in community building that
is responsive to the legal and social needs of its residents. Cultural competence is a key
component in satisfying this function as it drives the movement towards using the
justice system respectfully and responsibly. This District Attorney’s Office has
repeatedly failed its constituency in advocating for social justice in and out of the
courtroom. The current leadership had publicly rebuffed claims of racial inequalities.
Recent responses to hate crimes in the community have reflected a lack of meaningful
and swift action by prosecutors. Improving relationships between police agencies and
communities of color should be a primary goal for any district attorney’s office. A well
functioning criminal justice system needs to be collaborative and responsive. This
District Attorney’s Office has leadership that is unable to respond to these realities in
our community.
Recent data highlighting racial inequalities in Contra Costa County show that our justice
system is not meeting the needs of its citizens. The disparities exist for many reasons,
some of which can and should be actively addressed from within the District Attorney’s
Office. Questions regarding jury selection practices, prioritizing diverse jury pools, as
well as addressing implicit biases in the filing of charges are areas of action that must
be addressed.
A prosecutor's office should be a role model for professionalism and ethical conduct in
the courtroom and the community. As a prosecutor I know and accept the fact that I
am held to a strict standard. This belief has been lacking within the District Attorney’s
office executive management for far too long. The current culture within the District
Attorney’s office lacks sufficient leadership capacity to oversee a responsive and
comprehensive evolution to 21st century practices. Over the past several decades this
District Attorney’s Office has defined success by the number of trials conducted, instead
of the types of cases that should be tried. This archaic approach to criminal justice has
exhausted county resources, compromised victims’ rights, and forced those accused of
crimes into a no-win trial situation. What happens in a courtroom should be about a
person exercising her/his constitutional right to trial, not a training exercise for
prosecutors to hone their craft. The win at all cost culture must end. The courts should
be a place where all members of the community can find justice.
The notorious culture of the District Attorney’s office has impacted the administration of
justice in many other forms. Police agencies lament the waste of precious investigative
resources by refusing to file chargeable cases or over-subpoenaing officers to court. The
outcome is costly overtime and many times the officers are called off without testifying.
Representatives from the defense bar, including the Public Defender’s office, report a
longstanding tradition of contentious dealings with prosecutors resulting in no effective
communication channels for purposes of settlement negotiations.
Populations of affected groups, undocumented and communities of color, have also
August 1, 2017 Contra Costa County Board of Supervisors Minutes 179
expressed feelings of being disenfranchised from the justice system based upon a lack
of leadership presence by the District Attorney’s Office in their neighborhoods. Overall,
the culture of the District Attorney’s office has undermined the public’s trust in an
institution that is supposed to champion the rights of all.
A critical reinforcer of the negative culture is the three-year contract system. This
program of exclusively hiring personnel from a fixed-term/salary process trades
prosecutorial experience for young lawyers with low-salaries. Instead of providing
robust training for aspiring deputy district attorneys, it creates an automatic caste
system within the office. The contract system supports an environment of toxic
mentorship that allows unprofessional behavior to continue as means for young
attorneys to ingratiate themselves to the establishment. As the sole source of hiring,
the current contract system ensures that “business as usual” continues, as the closed
system does not allow for the recruitment of experienced prosecutors from other district
attorney’s offices. When you bring in outside talent, those “laterals” often bring with
them new ideas, expertise and knowledge of best practices from other offices that can
drastically improve services in Contra Costa and over time, dilute the element of
negativity. Furthermore, when “laterals” are brought in, attorneys are motivated to
work harder, with greater professionalism, and less inclined to complacency. The
contract system also misallocates resources within the office by creating unhealthy
emphasis on trials over other vital prosecutorial functions.
The last critique to the administration of justice in Contra Costa County is the complete
lack of innovation in law enforcement practices within the District Attorney’s office. This
office’s leadership does not value benchmarking best practices in the administration of
justice. Whether it’s ignoring immigration safe resolutions in the criminal justice
system, failing to promote community solutions to rising crime as an alternative to
prosecution, lack of collaboration with justice partners to develop specialized
courtrooms that support mental health and substance abuse positive outcomes or not
addressing keystone issues such as bail reform, the previous Contra Costa County
District Attorney refused to acknowledge criminal justice trends. Today, the District
Attorney’s office is operating from a myopic perspective, outdated systems, and policies
that are inadequate and ineffective.
As a key player in Contra Costa County’s criminal justice community, the District
Attorney’s office is standing in the way of effective, collaborative change. Our justice
system is not static. Laws change. Communities change. The District Attorney’s Office
needs to be reflective of these changes while also maintaining focus on public safety.
The District Attorney’s Office needs to be active in the community assisting with crime
prevention. The culture within the office should be dynamic, focused on collaboration,
and most importantly respectful of all people involved the process. This District
Attorney’s Office needs to properly train its attorneys on best practices so that
implementation is consistent throughout the office and is reflected in their practice. This
includes building transparency throughout the judicial process, while still protecting the
victims right to privacy and maintaining the integrity of the investigative process.
7.Q: Why do you want to serve as District Attorney for Contra Costa County?
A: I want to serve as the next District Attorney for Contra Costa County because I know
that my career to this point has readied me for this step. I want it because I know this
county is at a critical step that can go two ways. It can move in the direction of change
that will begin to build the capacity of this office to be a leader in criminal justice
practices, or it can stay weighted down by its past. I have evolved as a prosecutor
throughout my almost two decades of service. My personal experiences have taught me
that respect is earned through actions, not words. My professional experience has given
me the broad field of knowledge and expertise that this county needs.
I believe that I have the right blend of skills, understanding of the role of the District
Attorney, as well as the clarity of my convictions about what it means to be a positive
community partner in law enforcement. As I began the process of seeking to be the
next District Attorney, I engaged with community groups, government leaders and
individual citizens to find out the concerns they have with their prosecutor’s office. The
frustration with the status quo was overwhelming. I saw an opportunity to use my
skills, talents, and respect for law and order to impact a positive change in this office.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 180
The past administrations of the District Attorney’s office have had a uniquely negative
affect on the office culture, relationships with other county leaders and criminal justice
partners, trending crime rates, and not least, the administration of justice in Contra
Costa County. For too long, this county has endured dysfunction at the helm. This era
came to an end last December when the District Attorney admitted to violating his
position of trust by breaking the law. It was clear to me that the county needed to be
ready to transition into new and better models of leadership. It was the beginning of
the end to the “good ol’ boy” culture that Contra Costa County District Attorney’s office
epitomized and I wanted to lead that change.
As a 46 year county resident, a product of the local public school system and a parent
of three daughters being raised in this county, I want to see a District Attorney’s office
managed with the same integrity as I, and my fellow prosecutors across the State,
dedicate to this honorable profession. This encompasses many within Contra Costa
County’s District Attorney’s Office who have been left behind in their own office, not
because they couldn't or wouldn't do their jobs, but because they didn't play the game
well.
As the District Attorney, I want to champion victims’ rights, lower crime, and protect
and serve the residents of Contra Costa County. I want to do this by promoting
diversity and cultural awareness, bridge the divide between law enforcement and
communities of color, and mentor and train a new generation of DA’s in the best
practices of their profession. I believe I am uniquely qualified from my work as a
prosecutor within Santa Clara County District Attorney’s Office, a State leader in
criminal justice reform, as well as from my personal background to bring much needed
change to our county’s District Attorney’s Office. My qualifications, management
experience and litigation work detailed throughout this application have shaped who I
am as a prosecutor and driven me to this place that I find myself today.
I have also spent the past 27 years being part of a large Latino family extending from
Contra Costa County to all directions in the Bay Area and beyond the State of
California. My in-laws emigrated from Guatemala in the early sixties. They came as
political exiles and dreamers. They came to be better and do better than they could do
in their home countries. What I witnessed in them framed my deep appreciation for the
struggles facing the immigrant community. For them the “issue” of immigration policy
wasn't an “issue,” it was real life. These were realities I have never had to consider in
my life. I understood these issues differently when I was seeing them through the eyes
of my wife’s family.
I am also a father of three Latina daughters living in Contra Costa County. Their
experiences and interactions in our community have broadened my sensitivity to what it
means to be different. As the next District Attorney, I see a platform to
comprehensively address issues of race, gender, LGBTQ and immigration both within
the office by promoting diversity but also within the community by partnering with
others in the criminal justice system to improve outcomes that keep our communities
safe for all.
I want to be the next District Attorney for Contra Costa County for all the reasons
above and more. This job deserves to be regarded with respect and our residents
deserve to be treated with respect. I want to be the person who makes that happen.
8.Q: How would you go about restoring and maintaining the public's confidence in the
District Attorney's Office?
A: Restoring and maintaining the public’s confidence in the District Attorney’s Office will
mean different things to different people. Overall, I believe the next District Attorney
should build confidence with the community by demonstrating leadership committed to
transparency, integrity and service to the community. As I have stated in this
application, I will accomplish these objectives by protecting victim’s rights, lowering
crime, promoting diversity, repairing relations between law enforcement and
communities of color, collaborating with law enforcement, implementation of best
practices among prosecutors, as well as to become a leader in the community.
I believe the starting place for rebuilding public trust is through ethical and honest
August 1, 2017 Contra Costa County Board of Supervisors Minutes 181
leadership. I will hold myself, and the prosecutors in the office, to the highest ethical
standards and run the department in an honest and impartial manner. To this end I will
institute clear policies and procedures that will outline expectations for every Contra
Costa County deputy district attorney. I will bring in best practices of District Attorney’s
offices from across California and the country.
My District Attorney’s Office will reflect the diversity of its community. This includes
addressing the hiring practices that have suppressed diversity and restricted the
development of the office and its staff. Through these changes we can begin to address
the issues of gender, LGBTQ, and many other equity issues within the office to create a
vibrant, active, and healthy environment for the residents of Contra Costa County, as
well as for the deputy district attorneys who honor their work every day.
I support transparency throughout the judicial process while still honoring victims’ right
to privacy. As of late the community has questioned the District Attorney’s delayed
response to hate crimes and other public safety matters. Now more than ever it is
important that we take a strong stance against hate crimes. It is incumbent upon the
DA to work with community leaders to build cultural competence within the office. This
includes protecting religious symbols and places of faith/worship.
As District Attorney I will maintain law and order. I will enforce and prosecute laws
fairly to ensure offenders who threaten public safety will be held accountable and not
pose a danger to the community. Serious and/or violent felonies should be aggressively
prosecuted to protect public safety. I will continue to work collaboratively with police
agencies to investigate and prosecute organized crime, violent gangs, drug trafficking
organizations, and murderers. I will do this through strategic planning with Federal,
State and local law enforcement to use technology to solve crimes. Any collaborative
work with federal agencies will not be at the expense of undocumented individuals.
I will modernize and standardize the charging process to better protect victims’ rights,
address rising crime rates and efficiently utilize police services. An office under my
management will ensure objective and standardized criteria for filing charges for all
crimes being prosecuted. It will acknowledge and address issues of implicit bias within
that charging process. Police agencies will receive feedback as to how and why charges
are being filed, as well as how to improve the law enforcement investigative processes
to ensure proper prosecution of crimes. The office will track cases that are prosecuted
to ensure that biases that exist are monitored and addressed in real time. I will
maintain integrity in the charging process to ensure that the District Attorney’s Office
will honor victims of crimes and give them their day in court as outlined in Marsy’s Law.
I believe the role of the District Attorney should extend beyond prosecution. My district
attorney’s office will be a leader in crime prevention utilizing the latest technologies,
data analytics and community prosecution models to address the rising crime rates
through crime prevention and enforcement. Contra Costa County needs a real
neighborhood prosecution model. When law enforcement works with the community, it
builds trust. A community that trusts law enforcement will work with law enforcement
to reduce violence. I will advocate for programs that will coordinate Judges, Defense
Bar, Prosecutors, local police agencies, and Community Based Groups to target at-risk
populations to find these groups services and break the cycle of criminality.
Through such community programing I will work to implement a variety of alternative
sentencing options, treatment and prevention solutions to reduce recidivism for low-
level offenders. This is where the court system can become active participants in
keeping individuals out of the criminal justice system. Substance Abuse Treatment
courts and Mental Health courts are vital parts of a working justice system. Promoting a
treatment intervention team within the courthouse can address a variety of root causes
for why people find themselves in the justice system in the first place. Alternative
sentencing options should include assessing immigration safe dispositions where it is
appropriate. As the District Attorney, I believe in policies that provide an environment
that supports and maintains the family unit. Restorative justice practices are a
component of a successful criminal justice system that encourages positive
collaborations between offenders, victims, marginalized communities and law
enforcement.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 182
As a county we must actively acknowledge drug abuse as a public health issue. We
must build out-of-custody programs for homelessness and those suffering from mental
illness in Contra Costa County. We must also acknowledge the need for early
intervention for at-risk youth – truancy, gang crimes, substance abuse, cyber bullying,
and hate crimes. I want to create alternative sentencing options to steer young adults
and other affected populations who find themselves in the criminal justice system
toward gang prevention, social services, vocational services, physiological/psychiatric
services and much more.
Courts, community groups and local governments can be utilized to expand upon and
create crime prevention programs and provide services for crime victims. The LEAD
(Law Enforcement Assisted Diversion) program in Antioch has great potential for this
level of collaboration. I have studied the success of the original LEAD program for low-
level drug and sex trafficking victims in suburbs of Seattle, Washington. In Washington,
the LEAD program demonstrated positive effects on recidivism through significant
reductions in arrests and felony charges for those participating. Promoting the success
of this new program in Antioch and expanding on such programs countywide will be a
priority.
The collaboration will continue by providing services for victims of crimes. The Family
Justice Center is a positive example of these services extending to victim populations.
The District Attorney’s Office should step up its leadership role by partnering with
participating agencies to bolster programing services and investigative resources
through a more robust financial and staffing commitment. The District Attorney’s Office
should also play an active role with local reentry programs to ensure individuals have
the services and support to reenter the community successfully. I support AB 109 re-
entry centers. These re-entry centers provide valuable services that support transition
from correctional settings to the community. Programs such as REACH or No Wrong
Door support positive outcomes for offenders.
To further gain the public confidence, I will be a leader in crime prevention by
successfully using data analytics to study crime trends affecting the communities.
That’s why this county needs a Crime Strategies Unit (CSU). From New York to
California, prosecutors’ offices are using the crime strategies model. Under this
approach, prosecutors work collaboratively with community and law enforcement to
identify the places, groups, and people most impacted by crime. By using data-driven
prosecution, resources can be best focused to solve, prosecute, and even prevent
crimes from occurring. Both San Francisco County and Santa Clara County district
attorneys’ offices have implemented CSU units to coordinate anti-violence projects
based directly on their recent crime trends.
Building and restoring public confidence will not happen overnight. Through
comprehensive planning, preparation, leadership, and time, the next District Attorney
can immediately demonstrate a commitment to extinguish the old culture and chart a
new direction of progressive reform. I believe my ideas and proven leadership will
effectuate the needed change in Contra Costa County. I respectfully ask for the
opportunity to make this happen.
9.Q: How would you address the mentally ill who are cycling through our justice system?
A: Mental illness can and very often does, impact all aspects of a person’s life.
Unfortunately, some living with mental health disorders find themselves homeless,
destitute and more likely to interact with law enforcement and the criminal justice
system than receive necessary treatment and support. According to the Stanford Law
School Three Strikes Project research report titled “When did prisons become
acceptable mental healthcare facilities?” in May of 2017, an estimated 45% of the
California prison population is mentally ill. During my career as a prosecutor, I have had
direct, personal experiences working with issues of mental health in the criminal justice
system. I believe it is possible for criminal justice professionals to actively engage in
problem solving and be solution oriented. I would do this by being a proactive
collaborator and partner with the law enforcement community, the court system,
Department of Behavioral Health, as well as community-based programs to improve
positive outcomes for persons with mental illness who interact with the criminal justice
system.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 183
As the District Attorney I will actively collaborate with criminal justice partners to
support a treatment team, which can provide treatment services in a courtroom
environment. This is the Mental Health Court and Drug Treatment Court model. As a
supervisor in the Santa Clara County District Attorney’s Office, I have direct experience
working with such a team. My team and I have worked collaboratively with treatment
experts to identify services for individuals with dual and single diagnosis. I have also
used data to highlight the needs of the community in transitioning cases involving
people with substance abuse illness in the formation of dedicated drug courts that
prioritize treatment options.
Mental health and substance abuse is a public health issue. While this county has made
positive steps in offering Crisis Intervention Training to law enforcement and forming
the Mental Health Evaluation Team by partnering with police agencies and the
Department of Behavioral Health, more must be done. The current Contra Costa County
Behavior Health court model that services only 20 patients can be improved upon to
better serve the needs of the community. A robust understanding of mental health
issues with our criminal justice partners must exist. Treatment teams should work
together to offer services and support. The goal should be to reduce and eliminate
recidivism that is mental health and/or addiction related. The Mental Health and Drug
Treatment court models exist throughout the country. I would benchmark best practices
and immediately begin working on establishing those practices in Contra Costa County.
In addition, I intend to collaborate with the Court, the Probation Department, and the
Public Defender’s office, to create a pre-trial services system, which includes mental
health assistance, for those defendants who are released on bail or their own
recognizance, and who would benefit from such services. Aiding defendants in
maintaining mental health while their cases are pending will reduce the likelihood of
recidivism.
Training for prosecutors in my office on best practices in the understanding of mental
health issues and its impact on interactions with the criminal justice system is an
absolute critical step in this process. This would involve identifying cases and
defendants who can benefit from mental health services to look for outcomes that
support positive mental health. This begins with understanding how crime and mental
health are linked. Understanding that chronic substance abuse often leads to mental
health diagnosis later in life helps to frame options early in the life of a drug user or
person with mental illness. While it may not change every path for every person, it will
impact the community positively as the system works to divert further interactions with
the criminal justice system when possible.
Creating an open dialogue between prosecutors and defense counsel on the subject of
dual and single diagnosis mental health disorders to explore alternative sentencing
options is also critical. A commitment to collaborative evaluations of cases with a full
treatment team (e.g. psychiatric, psychological, social, and drug treatment services)
within the criminal justice system can provide individual “wrap around” intervention
support. Prosecutors’ active evaluation with the facts of a case, while acknowledging
perspectives and disciplines beyond their area of expertise, will reform the “crime
focused” lens in prosecution. Yes, prosecution of crimes is our role in the Office of the
District Attorney, but it is equally important to prevent future crimes by understanding
and addressing underlying issues that impact positive life decisions.
The District Attorney’s office is not the first responder in the community. Addressing the
needs of the mentally ill requires that the DA’s office partners and actively collaborates
with police agencies on how to identify and interact with people with mental illness. This
will include trainings, collaborating on policy, as well as being daily partners in the
community. Community prosecution models, expanded training, and fostering a
vigorous judicial environment will support improving the criminal justice response to the
mental health crisis in our system.
10.Q: As an attorney, have you ever been sued by a client and/or disciplined or cited for a
breach of ethics or unprofessional conduct, or been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group? If yes, please provide the details.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 184
A: No, I have never experienced or been the subject of any of the above-mentioned
situations.
11.Q: Please describe a difficult situation you encountered in your role as an attorney. Include
details about how you resolved the situation and any lessons learned.
A: The hallmark of an effective prosecutor is their ability to encounter difficult situations,
prepare for and consider all options, and be ready to try that case under any
circumstance. As a prosecutor and supervisor I have encountered many situations that
on their surface appeared straightforward but upon further review were more
challenging and complex. One such case happened when I was assigned to the Santa
Clara County District Attorney’s Office Sexual Assault Team. These cases are among the
most difficult and challenging to prosecute as they primarily rely upon the testimony of
a single witness version of what happened; usually that person is also the victim. In
many cases there is no DNA, no additional eyewitness, no video recording capturing the
event and no confession by the perpetrator. Long after the healing for the physical
trauma ends, the psychological trauma is just beginning. Unfortunately, it is this trauma
that poses the greatest obstacle for prosecuting sexual assault cases and as a
prosecutor it was my job to manage all aspects of each case to conviction. One case
that I handled, between 2006 and 2007, underscored these challenges.
In 2006 I was assigned a case involving a male perpetrator who was charged with
multiple counts of rape. The victim in the case, Jane Doe (a pseudonym to protect her
anonymity), was a 17 year-old girl who was a habitual runaway. She lived with her
elderly grandparents, her legal guardians, in Santa Clara County. In addition to the
sexual assault in this case, she was also previously sexually victimized as a young child.
As a result, Ms. Doe suffered from post-traumatic stress and mental health issues. One
day in her senior year of high school, Ms. Doe again ran away from home. Ms. Doe
spent about three months living on the streets and staying in shelters with 21-year old
Smith (a pseudonym to protect confidential information), a friendship she made just
prior to running away.
While living on the street, Smith and Ms. Doe became romantically involved. Initially,
the relationship involved typical dating behavior but over the course of several weeks in
the three-month period Ms. Doe was a runaway, Smith violently raped and sexually
assaulted Ms. Doe multiple times. Fortunately for Ms. Doe, Transit Authority Police
rescued her during an encounter in which Smith and Ms. Doe attempted to ride the light
rail without payment.
Shortly after Ms. Doe’s return to her family, she disclosed the nature of her
victimization. Ms. Doe’s motive for disclosing was based upon Smith engaging in a
pattern of stalking behavior that made Ms. Doe fear for her life. Law enforcement
investigated and arrested Smith. In the more than one year that followed, Ms. Doe
became a reluctant victim. The trauma of the assault coupled with her previous mental
health diagnosis made it difficult for her to participate. The case also became a constant
reminder of her earlier molestation.
Prior to Ms. Doe turning 18, she remained living with her grandparents. She attended
meetings and court hearings with me, investigators and victim advocates. There were
points during Ms. Doe’s testimony when she would emotionally break down
necessitating interruptions in her testimony to allow her to compose herself. Ms. Doe
also had trouble remembering details of the events. Ultimately, Ms. Doe’s testimony
alone was sufficient to hold Smith over for trial. There was no DNA, no physical
evidence and no other witnesses to corroborate her testimony.
The challenges of prosecuting a violent sexual assault case based upon the testimony of
a single witness who suffers from severe emotional trauma predating the crime and is
experiencing memory blocks regarding specific aspects of their abuse would make any
case tough to prosecute. In the months that followed, this case became exponentially
more difficult when Ms. Doe’s whereabouts became unknown. Following the preliminary
hearing Ms. Doe turned 18 and moved out of her grandparents’ house. Unbeknownst to
investigators or myself, Ms. Doe left the State and the only lead we had on her location
at the time was that she had family in the Portland, Oregon area. With an upcoming
trial date, investigators and I focused on two tasks, finding Ms. Doe and investigating
the crimes further to corroborate her sexual assault.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 185
Throughout the ensuing months, my DA investigator and I used phone records from
telephone numbers Ms. Doe used to periodically check in with family. We used the
phone records to identify people and places in the greater Portland area where she was
staying and associating. We were always days behind her last known sighting. The
investigation finally yielded a valid connection and contact was made. We were able to
persuade Ms. Doe to return to California. Eight weeks out from the trial, I obtained
special permission from my office to access special witness funds to cover witness
travel costs, per diem and lodging at a nearby hotel until after the trial. My investigator
and I maintained daily communication to ensure we did not lose Ms. Doe again.
As the location search continued we also proceeded with our investigation of Smith.
Contributing to our exigency to find Ms. Doe was a previously undiscovered and
startling fact about Smith. Through subpoenaed court records, I discovered that Smith
had previously sexually assaulted a close family member. The original investigating
detectives were not aware of this fact. This provided the corroboration for Ms. Doe’s
testimony. We located the second victim and arranged a meeting to discuss the need
for her/his testimony. While initially reluctant to be in the same room with Smith again,
after our meeting the second victim understood the importance of coming to court and
agreed to share his/her story of abuse to a jury.
In the fall of 2007, Smith’s sexual assault case went to trial. As the trial unfolded and
Ms. Doe courageously testified against Smith, reliving the trauma become too much
and Ms. Doe came under the emergency care of a doctor who declared her unable to
resume the trial. A mistrial was declared and my office made the decision not to retry
the case because of Ms. Doe’s fragile emotional state moving forward. However,
realizing the potentially devastating testimony of Smith’s second victim in conjunction
with Ms. Doe’s emotional testimony during the trial, Smith agreed to admit to the
sexual assault of Ms. Doe and accepted a 25-year prison sentence. Prior to Ms. Doe’s
testimony and without the corroboration of the second victim, Smith was unwilling to
accept any settlement offer.
The lessons that I learned from this case are life long. I believe that most DA’s offices
would have abandoned this case when Ms. Doe testified initially, as she was such a
shaky victim, or when she left the State at age 18. I learned to trust my training. It
helped me to understand how to work with victims who suffer from psychological
trauma and how critical it was to her for the system to not give up on prosecuting this
case. Whether or not she was able to see this case through to the end, it was important
that it did have an end for her. It was also vitally important to protect the community
from a serial sex offender. I cannot underscore the impact this case has had on the
responsibility I feel in my job.
12.Q: Please describe the most significant and complex legal matter you have handled, your
role in the process, and the outcome.
A: Throughout my 19-year career as a prosecutor, I have found myself involved in many
significant cases (e.g. homicides and sexual assault crimes), as well as complex legal
matters (e.g. multi-codefendant gang and major drug trafficking investigations).
Combining the two criteria for purposes of this question, the most significant and
complex legal case I have handled while a prosecutor was the investigation and
prosecution of People v. Apolinar Dagio Huerta, also known as Operation Poly.
In November of 2010, agents with the San Jose Resident Office of United States Drug
Enforcement Administration and detectives with the San Jose Police Department
contacted me as a member of the MNVP unit and coordinator of the District Attorney’s
office wiretap program to initiated a joint state wire investigation into a violent large
scale methamphetamine manufacturing and distribution cell led by Apolinar Dagio
Huerta. This case was titled Operation Poly, “Poly” being the moniker for Huerta. This
group was directly linked to the Mexico-based Javier Valencia drug trafficking
organization (DTO), which in turn was allied with the powerful Michoacan-based “La
Familia” drug cartel and its splinter organization, the Los Caballeros Templarios
“Knights Templar” cartel. Huerta was based in Mexico, where he orchestrated large-
scale methamphetamine shipments through Los Angeles to drug labs in the Central
Valley and on to destinations throughout Northern California and other states. Huerta
August 1, 2017 Contra Costa County Board of Supervisors Minutes 186
was in regular contact with the leaders of the Valencia DTO, which is believed to be one
of the largest methamphetamine suppliers to California.
As I was drafting wiretap applications with the case agents in January of 2011, our
investigation revealed that Huerta was tasked by the cartel to collect a million dollar
drug debt owed to the organization by a local nightclub owner, an associate drug
trafficker. Huerta planned a kidnapping of the bar owner and hired multiple gunmen to
effectuate the abduction. During the intended kidnapping, the bar owner resisted and a
shootout occurred in the nightclub resulting in the death of three individuals. Given the
rarity of such violent cartel activity in San Jose, the SJPD was under pressure to solve
this case. Following the incident, Huerta fled to Mexico, where he continued his drug
trafficking operations from afar.
In February of 2011, the first of a series of wiretaps prepared by the case agents and
myself went live involving Huerta and one of his top lieutenants. The intercepted
wiretap calls provided immediate valuable intelligence into the drug trafficking
activities, as well as evidence to Huerta’s involvement in the bar shooting. Within the
first 12 hours of the wiretap, we learned of a 22-pound shipment of methamphetamine,
valued at over $250,000. During many of the early intercepted telephone calls, Huerta
admitted to his role in the triple-murder and implicated additional co-conspirators
involved in the bar shooting. Prior to the wiretap, case agents and I initially developed
our investigation with surveillance, phone records analysis, and through extensive
interviews of Confidential Informants (CI).
Early on, the use of our comprehensive investigative techniques, including the wiretap
technology assisted us in identifying numerous criminal associates, vehicles, phones
and suspected “drug stash” locations. We also passed along leads to the DEA Los
Angeles Field Division to expand the scope of the investigation and seized multiple drug
shipments based on wire intercepts and other intelligence. Throughout the
investigation, the case agents and I coordinated extensively with SJPD, DEA Special
Operations Division (SOD), Homeland Security Investigations (HSI), and the DEA offices
in Fresno, Modesto, Los Angeles, and Mexico City.
The investigation lasted nearly a year and the case involved wiretapping 10 separate
phone lines from Santa Clara County used by nine different drug traffickers in Huerta’s
organization. A total of 16 wiretap applications, which included several thirty-day
extensions for the phones, were employed. Search warrants and subpoenas were used
to obtain phone records for extensive phone call analysis, cell tower and GPS phone
tracking information, installation of GPS vehicle trackers, and historical research
through extensive record checks on housing, credit card information and utilities. With
these methods, as well as extensive coordination with allied agencies, case agents and I
were able to identify numerous cartel members, phones, vehicles, addresses, their
distribution networks and methods, and ultimately interdict substantial quantities of
drug and money shipments while in transit from Southern California to Fresno,
Modesto, San Jose, and Fremont.
We identified several of Huerta’s customers who, in an attempt to evade law
enforcement, used fictitious addresses and monikers. During the investigation, Huerta
tried to further evade law enforcement by continuously changing his phone numbers.
Through a variety of investigative measures and legal processes, we continually
conducted routine phone analysis to repeatedly identify Huerta’s new phone numbers.
This investigation dealt a serious blow to Huerta’s cell and its operations, as well as to
the Valencia’s cartel network. The drug seizures themselves equaled nearly
$700,000.00 in lost revenue for the cartel. In addition, the vehicle seizures and arrests
of the numerous cartel members who were involved in either the transportation,
manufacturing, or distribution of drugs, the collection and transportation of drug
proceeds, or enforcement for the cartel, are believed to have dealt a massive blow to
the cartel’s bottom line. This was reflected in intelligence gathered during the
investigation that indicated Huerta’s superiors in Mexico were growing increasingly
frustrated with the repeated seizures of his drug shipments, Huerta’s botched
kidnapping to collect the owed drug debt and that Huerta was becoming increasingly
more desperate. Further, the seizure of the methamphetamine laboratories would have
further impeded the cartel’s ability to generate income by forcing it to find replacement
locations and re-establish the laboratories.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 187
As mentioned above, the case agents and I worked many nights and weekends for
about one year to investigate the homicide and drug investigation. In preparing the
wiretap applications, I drafted and reviewed prior to the court’s review all 16 wiretap
applications, wiretap extension applications and wiretap progress reports for the court’s
approval. These legal documents totaled several thousand pages justifying probable
cause for the electronic surveillance. I also drafted and reviewed dozens of search
warrants and probable cause affidavits for GPS location information for suspect’s
telephones, GPS vehicle trackers for suspect’s vehicles, and various other record
information assisting the investigation.
In October of 2011, the DEA, San Jose Police Department, Santa Clara County District
Attorney’s Office and other assisting agencies coordinated a planned takedown of the
investigation by servicing search warrants on twelve different locations. About two
weeks before the scheduled takedown, I worked with case agents to comb through
thousands of pages of police reports for the drug/homicide investigation to review
autopsy records, photographs, wiretap telephone calls, and/or surveillance records on
all identified suspects to determine the appropriate crimes to charge and seek arrest
warrants. Prior to takedown, I filed criminal charges against fourteen people for drug
trafficking offenses and five people for the triple murder. I also reviewed all of the same
information for purposes of generating a comprehensive search warrant for eleven
different locations for the takedown day. The logistics surrounding the simultaneous
service of the search warrants was extremely labor intensive. After the takedown, law
enforcement executed fourteen arrests, the seizure of over 60 pounds of
methamphetamine, four methamphetamine laboratories, various quantities of cocaine
and other drugs, six vehicles with hidden compartments, and a little more than
$137,000.00 in US currency.
Two of the five murder suspects were also arrested at the time of the takedown.
Huerta, and two additional co-conspirators for the murder were outstanding after the
investigation ended. In addition to being the investigative legal partner to the case, I
was also responsible for seeking extradition of Huerta and his associates on the murder
charges from Mexico. Prior to the takedown I coordinated with the U.S. State
Department in Washington DC and the United States Attorney in the Northern District
to obtain a Provisional Arrest Warrant (PAW) for Huerta in Mexico. This PAW had to be
obtained quickly in order to have it in place in time for DEA Mexico City Country Office
to arrest Huerta at the same time. Once again, I had to distill thousands of pages of
investigative documents, reports, and wiretap calls in formats unique to the extradition
process to be review by U.S. and Mexico officials. While we were successful in obtaining
the PAW, Huerta slipped through our fingers and we were unable to arrest him in the
Fall of 2011.
Following the successful investigative results, the prosecution of the arrested fourteen
defendants on the drug case and two in custody defendants on the murder case, People
v. Apolinar Dagio Huerta et al. (Operation Poly) was still awaiting me. I spent the first
few months organizing and distributing hundreds of thousands of pages of discovery to
all of defendants on the bifurcated cases. This included investigative reports, all
affidavits, wiretap documents, and DVD’s that included days of video surveillance. It
also included CDs containing thousands of telephone call intercepts, transcripts for the
telephone all intercepts, photographs, lab reports, crime scene reports, witness
interviews, autopsy/coroner reports and much more.
Between October of 2011 and May of 2013, I made several dozen court appearances on
the case litigating bail reduction motions on sixteen defendants. There were discovery
motions, and preliminary challenges to the car stops, probable cause searches,
searches pursuant to search warrants, wiretaps and ping orders. By itself, this case by
scope, complexity and seriousness was a full time undertaking. At the time I was also
managing a full time caseload of other complex narcotic conspiracy cases, including the
18-defendant cocaine and aggravated kidnapping case entitled Operation Pato
discussed earlier in this application.
After successfully resolving a few of the fourteen defendants charged in the drug case,
in October of 2012, I presented the remaining defendants to the criminal grand jury. I
made the decision to go by way of grand jury to avoid an even more lengthy and
August 1, 2017 Contra Costa County Board of Supervisors Minutes 188
arduous preliminary hearing, which would waste judicial resources and occupy a
criminal courtroom for an extended length of time. This was an ambitious presentation
to the Grand Jury. The compositions of the remaining defendants were among the most
serious. In a three-week presentation, I called fifteen witness and presented days of
wiretap evidence to the grand jury. I ultimately received an “as charged” indictment
return on all seventeen counts for the remaining defendants. Ultimately, the Grand Jury
decision resulted in all of the defendants pleading guilty leaving only Huerta and other
homicide defendants remaining for prosecution. Huerta’s top lieutenants running the
cartel cell in Santa Clara County received sentences of 10 years in state prison.
During that same time I also handled all court appearances and hearings for the two
defendants charged with murder. I prosecuted the bar-shooting homicide case until my
promotion to management in May of 2013. In August of 2013, while transitioning the
case to the newly assigned prosecutor, I received word from the U.S. State Department
that Huerta was arrested on crimes committed in Mexico and on the Santa Clara County
murder charges. When a suspect is arrested on a PAW, the prosecuting agency only has
60 days from the date of arrest to conduct a “trial on paper” to the Mexican authorities
for purpose of extradition.
A “trial on paper” is essentially submitting sworn witness affidavits, photos and other
evidence to a magistrate in Mexico for purposes of determining Huerta’s guilt to
approve the extradition back to the U.S. I had to prioritize Huerta’s extradition over my
other responsibilities to meet the extradition timetable. This labor intensive process
required me to again distill all facets of the triple homicide case – investigative reports,
autopsy/coroner and wiretap calls – to establish Huerta’s role as the orchestrator of the
attempted kidnapping of the bar owner. The more difficult part of the “trial on paper”
process involved summarizing California criminal law for the Mexican judge and having
all of the generated documents translated into Spanish. After two months of
coordination with U.S. and Mexican officials, Huerta’s extradition to the U.S. was
approved. Presently, the in custody murder defendants are still awaiting trial.
While an MNVP attorney, I prosecuted many complex conspiracy, gang, cartel and
violent criminal gangs. Each case I handled was uniquely complicated and significant in
its own right. Both the investigation and the prosecution of Operation Poly required
extensive coordination with law enforcement personnel, use of technologies, legal
processes and substantial litigation in and outside of the court.
13.Q: What is the size of the population/client base served by current employer?
A: I currently work for the District Attorney of Santa Clara County. The county seat is in
San Jose, the country’s 10th most populous city, and the 3rd largest in California.
According to the US Census Bureau, the County’s estimated 2015 population is
1,918,044 residents. It is the sixth largest county in California.
14.Q: To whom do you currently report, by title?
A: I work for the elected District Attorney of Santa Clara County Jeffrey F. Rosen. I
currently and directly report to Assistant District Attorney Brian Welch by chain of
command and ADA Welch reports to Chief Assistant District Attorney Jay Boyarsky.
15.Q: What number of staff are employed by current employer?
A: The District Attorney’s Office of Santa Clara County is made up of a total of 602
personnel – 185 attorneys, 154 support staff, 124 bureau of investigation personnel, 36
paralegal, 63 crime lab personnel, 29 victim witness personnel, 9 management
information systems personnel, 1 public information officer and 1 graphic designer.
16.Q: What number of staff do you currently oversee (direct and indirect)?
A: I currently oversee 17 attorneys, 4 support staff, and 2 paralegals as part of the
Narcotics Prosecution Team.
17.Q: What is the largest number of staff you have overseen, and where?
A:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 189
The largest number of staff that I have overseen is in my current position as the
Supervising Deputy District Attorney for the Narcotics Prosecution Team in Santa Clara
County.
18.Q: What is your current employer's operating budget, in dollars?
A: The District Attorney has $138 million dollar budget.
19.Q: For what portion of budget are you responsible, in dollars?
A: The Narcotics Prosecution Team has a personnel budget of approximately $6 million
dollars. While my team has access to the bureau of investigation, business services,
victim-witness services, crime lab and management information services, the personnel
and budget do not fall under my purview.
20.Q: What is the largest budget you have ever been responsible for, and where?
A: I have been responsible for many budgets since 2009. The Asset Forfeiture Prosecution
Team manages over 4 million in assets. The team budget for the Narcotics Prosecution
team is about $6 million, of which I manage the personnel within the budget, not the
budget itself. Between 2009 -2014 I managed the Santa Clara County Anti-Drug Abuse
Grant for the SCCDA’s Office Narcotics Team. That budget changed yearly however
during that 5 year period, the average budget was about half a million dollars. Most
recently, I managed a budget for the county sponsored Silicon Valley Marijuana
Awareness Conference that had a budget of $70,000.
21.Q: I certify that I meet the announced requirements for this examination and understand
that I will be eliminated at any stage in such examination if it develops that, in fact I do
not meet them. I further certify that all statements made in this supplemental
questionnaire and the application are true and I agree and understand that
misstatements or omissions of material facts will cause forfeiture of my rights to
employment with Contra Costa County.
A: Yes
August 1, 2017 Contra Costa County Board of Supervisors Minutes 190
1
Patrick John Vanier
San Ramon CA
Objective To secure the Board of Supervisors’ appointment for the vacant position of
Contra Costa County District Attorney.
Education Juris Doctorate – John F. Kennedy University School of Law – 1998.
Bachelor of Science, Business/Accounting – San Francisco State University
– 1995.
Bachelor of Arts, Political Science – University of California, Irvine – 1991.
Professional
Experience
Deputy District Attorney – Office of the District Attorney, Santa Clara
County, California.
January 2006 – present.
§ May 2013 – Present – Supervisor Narcotics Prosecution Team.
§ January 2009 – April 2013 – Narcotics Prosecution Team/MNVP Unit.
§ May 2006 – January 2009 – Sexual Assault Unit.
§ January 2006 – May 2006 – Burglary, Assault & Theft (BAT) Team.
Deputy District Attorney – Office of the District Attorney, Contra Costa
County, California.
January 1999 – January 2006.
§ January 2002 – January 2006 – Narcotic Prosecution Unit.
§ July 2001 – December 2001 – Juvenile Prosecution Unit.
§ July 2000 – June 2001 – Felony Trial Unit.
§ January 1999 – June 2000 – Misdemeanor Prosecution Unit.
Prosecutorial
Experience
Narcotics Prosecution Team:
§ Supervising Deputy District Attorney May 2013 – present.
§ Assistant Team Leader January 2011 – May 2013.
§ MNVP Unit prosecutor January 2009 – May 2013.
§ Currently supervise a team of 23 personnel - 17 deputy district attorneys,
4 support staff members and 2 paralegals.
§ Created and implemented a confidential informant management system –
2013.
§ Managed Drug Treatment Court from 2013 to present.
§ Managed Mental Health Treatment Court from 2013 to 2015.
§ Updated Santa Clara County Child Abuse Protocol pertaining to drug
endangered children – 2014.
§ Organized Immigration Safe Drug Diversion Program Pilot Project – 2015.
§ Managed DA’s Office wiretap program January 2009 to present.
§ Managed Anti-Drug Abuse Grant from 2009 to 2014.
§ Coordinated, reviewed and/or drafted more than 100 wiretap applications
since 2009 involving murder, major narcotic and gang crime
investigations.
§ Reviewed and drafted more than 500 search warrants and other legal
processes permitting the use of technology to further law enforcement
investigations.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 191
2
Patrick Vanier
Prosecutorial
Experience
(Continued)
§ Managed a variety of data collection projects – 2013 Audit and
reorganized team responsibilities and personnel objectives; 2013 Analysis
of Preliminary Hearing Settings and Continuances in Drug Court; 2014-
2015 Statistics on Marijuana Prosecutions in Santa Clara County; 2015-
2017 Inequitable Implementation of Prop 47 in HOJ Misdemeanor
Departments and the Effect on Drug Treatment.
§ As a supervisor and/or line prosecutor I have worked with the following
teams, units or task forces within Santa Clara County: Santa Clara County
Specialized Enforcement Team, Unified Narcotics Enforcement Team,
U.S. Drug Enforcement Administration San Jose, California Department of
Justice South Bay Metro Task Force, Department of Homeland Security
Investigations San Jose, Federal Bureau of Investigation Campbell Office,
Alcohol Tobacco and Firearms San Jose, Santa Clara County Violent
Gang Task Force, San Jose PD METRO Team, San Jose PD Gang
Intelligence Unit, San Jose PD Gang Suppression Unit, Santa Clara
County Human Trafficking Task Force, REACT Task Force, RATTF Task
Force, Santa Clara County Department of Probation, Santa Clara County
Sheriff’s Office Marijuana Eradication Team and Multi-Jurisdictional
Methamphetamine Enforcement Team, Santa Clara County SAFE Task
Force, Gilroy PD Anti-Crime Team, Santa Clara PD Special Crimes Action
Team (SCAT) and Special Enforcement Team (SET), Northern California
High Intensity Drug Trafficking Area (HIDTA)/Northern California Regional
Intelligence Center (NCRIC).
§ As a supervisor and/or line prosecutor I have worked with a variety of
local, state and federal agencies outside of Santa Clara County.
§ Developed county protocol for Use of Eavesdropping Devices in
Barricade and Hostage Situation pursuant to Penal Code 633.8 - 2012
§ Directed the creation of the District Attorney’s Office wire room – 2012.
§ Managed the Santa Clara County Anti-Drug Abuse Grant for the SCCDA
Office Narcotics Team – 2009 to 2014.
§ Successfully implemented Prop 47 for the Narcotics Team – 2015-2017.
§ Participated in the County Marijuana Working Group, which drafted and
advocated for ordinances regulating marijuana collectives, cooperatives,
personal use cultivation and dispensaries in the city of San Jose and
unincorporated Santa Clara County – 2014 to 2017.
§ Assisted with office sponsored legislative proposals regarding marijuana
DUI and sentencing enhancements for drug labs near occupied buildings.
§ Coordinated the investigation and prosecution of the largest and most
serious narcotics cases ever prosecuted in the District Attorney’s Office.
§ Trained law enforcement and prosecutors in the following areas: Wiretap
law, Legal Updates, Cal ECPA, Informant Management, County Protocol
for the Use of Eavesdropping Devices for SWAT and Hostage
Negotiators, Basic and Complex Narcotic Investigations and Proposition
64.
§ Organized the Santa Clara County Marijuana Awareness Conference
September 8-9, 2016, Santa Clara Convention Center.
§ Prosecutorial responsibilities as a DDA on the team included prosecuting
vertically assigned cases from issuing to trial including presenting cases to
grand jury, preliminary hearings, law and motion for vertically assigned
cases, drafting and review of search warrants and coordination of
discovery and follow-up investigation.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 192
3
Sexual Assault Unit
§ Prosecuted sexual assault cases involving adult and child victims from
preliminary hearing to trial.
§ Most of the cases involved life top charges or allegations under Penal
Code sections 269, 288.7 or 667.61 (b)-(e).
§ Other responsibilities on the team included case issuing, liaison with
victims and witnesses, law and motion for vertically assigned cases,
drafting and review of search warrants and coordination of discovery and
follow-up investigation.
Burglary, Assault & Theft (BAT) Team
§ Prosecuted a variety of general felony crimes from preliminary hearing to
trial.
§ Cases included the following: gross vehicular manslaughter, home
invasion robbery, bank robbery, robbery involving the personal use of a
firearm, arson, felony driving under the influence and PC 245 related
offenses.
§ Other responsibilities included case issuing, preparation of search
warrants, ERCs, and law and motion.
Professional
Awards
Professional
Memberships
San Jose Police Department George W. Kennedy Excellence in
Prosecution Award – 2017.
California Narcotics Officers’ Association 2015 State Prosecutor of the
Year.
Santa Clara County Employee Excellence Award April 2011 – Board of
Supervisors.
California Narcotics Officers’ Association 2010 Region 1 Prosecutor of the
Year.
National Asian and Pacific-Islander Prosecutors’ Association
California Bar Association.
California District Attorneys’ Association.
California Narcotics Officers’ Association.
Contra Costa Bar Association.
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August 1, 2017 Contra Costa County Board of Supervisors Minutes 200
August 1, 2017 Contra Costa County Board of Supervisors Minutes 201
August 1, 2017 Contra Costa County Board of Supervisors Minutes 202
August 1, 2017 Contra Costa County Board of Supervisors Minutes 203
RECOMMENDATION(S):
AUTHORIZE the County Administrator or designee to execute contract renewals with the NonPERS Health/Medical
Plans, Dental Plan, Vision Insurance, Life Insurance Plan carriers and the Computer Vision Care Program for the
period January 1, 2018 - December 31, 2018.
FISCAL IMPACT:
Premiums for active, retired and survivor enrollees are funded by a combination of charges to County Departments
and Special Districts, and employee/retiree/survivor contributions. The fiscal impact is based on projections of 2018
using 2017 census data with no adjustment for future migration between plans.
The 2018 projected total premium cost for active employees is approximately $103.9 million. The cost to the County
is $80.6 million of that total. The 2018 increased premium cost is $6.6 million, of which $3.6 million is the increased
County subsidy.
There were no increases to the Delta Care HMO plan, or the VSP Voluntary Vision and Computer Vision Care plans.
Delta Dental PPO ASO fees increased from $4.85 to $5.03 per member per month. This will not result in an increase
to the Delta Dental PPO premium equivalency.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Ann ElliotT (925)
335-1747
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Jeff Bailey, Labor Relations Manager
D.3
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:August 1, 2017
Contra
Costa
County
Subject:2018 Renewals for NonPERS Health Plans
August 1, 2017 Contra Costa County Board of Supervisors Minutes 204
FISCAL IMPACT: (CONT'D)
Voya Basic Life/AD & D Insurance decreased from $0.125/$1,000 to $0.080/$1,000. There were no changes to
the supplemental life insurance rates.
BACKGROUND:
Insurance coverage is an important benefit and a valuable recruitment and retention tool. To ensure that high
quality insurance is available for eligible Contra Costa County employees and retirees, the County contracts for
group health, dental and life insurance, voluntary vision insurance, as well as computer vision care coverage, on
an annual basis with a number of carriers/providers. The County's existing insurance and coverage contracts are
for the calendar year and expire December 31, 2017. In order to ensure uninterrupted coverage for enrolled
members (eligible active employees, retired employees and survivors of retired employees) staff requests
authorization from the Board of Supervisors to renew existing insurance coverage at the rates provided on the
attached chart. This information indicates the different premium structures - either a Two Tier or Three Tier -
based on what has been negotiated with various bargaining groups.
To assist the County in negotiating the best possible health care terms for our active and retired employees, the
County contracts with Buck Consultants, who has expertise in employee benefit plan design and rate structure.
The increases seen in the renewal rates from Kaiser and Health Net are impacted by the return of the Health
Insurance Tax, a requirement under the Affordable Care Act, which was waived for 2017, but reinstated for
2018. All health/medical insurance contracts continue to offer essential health/medical benefits and coverage
compliant with the requirements of the Affordable Care Act (ACA). Proposed rates for the 2018 plan year for the
medical, dental, life insurance or computer vision care coverage offered to eligible employees, retirees or
survivors of employees are attached and are effective January 1, 2018.
In summary for 2018, there is no increase to supplemental life insurance or the dental plan premiums, VSP
Voluntary Vision and CVC plan; and a $0.064% decrease to basic life insurance.
Additionally, the County is now offering an employee paid Commuter Benefit Program that allows employees to
set aside pre-tax dollars to help pay for public transportation expenses such as bus, train and ferry fees as well as
work related parking expenses.
CONSEQUENCE OF NEGATIVE ACTION:
In order to prevent the disruption of services for group benefits that are offered to eligible employees and their
dependents, it is necessary to execute contract renewals prior to open enrollment which is planned for October
2017 for the 2018 plan year.
ATTACHMENTS
2018 nonPERS renewal rates
August 1, 2017 Contra Costa County Board of Supervisors Minutes 205
Page 1 of 3
NonPERS Medical, Dental, CVC and Life Insurance Renewal Rates
EXISTING PLANS and PERCENTAGE of RATE INCREASE or DECREASE
NonPERS Medical Plans
3 Tier Rate Structure Coverage 2017 2018 % of Change
Contra Costa Health Plan A Employee (EE) $717.57 $744.86 3.80 %
EE + 1 $1435.13 $1489.70 3.80 %
EE + 2 or more $2152.71 $2234.57 3.80 %
Contra Costa Health Plan B Employee (EE) $795.44 $825.69 3.80 %
EE + 1 $1590.88 $1651.38 3.80 %
EE + 2 or more $2386.32 $2477.07 3.80 %
Kaiser Permanente Plan A Employee (EE) $718.07 $783.86 9.16 %
EE + 1 $1436.14 $1567.71 9.16 %
EE + 2 or more $2154.21 $2351.57 9.16 %
Kaiser Permanente Plan B Employee (EE) $570.73 $623.05 9.17 %
EE + 1 $1141.45 $1246.09 9.17 %
EE + 2 or more $1712.18 $1869.14 9.17 %
Kaiser Permanente HDHP Employee (EE) $458.07 $499.94 9.14 %
EE + 1 $916.14 $999.88 9.14 %
EE + 2 or more $1374.21 $1499.82 9.14 %
Teamsters Local Union No. 856 Employee (EE) $655.00 $655.00 0 %
Trust Fund KP Health Plan EE + 1 $1245.00 $1245.00 0 %
EE + 2 or more $1736.00 $1736.00 0 %
Health Net HMO Plan A Employee (EE) $1292.89 $1512.68 17.0 %
EE + 1 $2585.78 $3025.36 17.0 %
EE + 2 or more $3878.66 $4538.04 17.0 %
Health Net HMO Plan B Employee (EE) $899.05 $1051.89 17.0 %
EE + 1 $1798.10 $2103.78 17.0 %
EE + 2 or more $2697.16 $3155.67 17.0 %
Health Net CA & OOS PPO Plan A Employee (EE) $1712.92 $2039.71 19.08 %
EE + 1 $3425.83 $4079.42 19.08 %
EE + 2 or more $5138.75 $6119.13 19.08 %
Health Net CA & OOS PPO Plan B Employee (EE) $1542.05 $1836.24 19.08 %
EE + 1 $3084.10 $3672.48 19.08 %
EE + 2 or more $4626.14 $5508.72 19.08 %
2 Tier Rate Structure * Coverage 2017 2018 % of Change
Contra Costa Health Plan A Employee (EE) $774.34 $803.79 3.80 %
Family $1844.90 $1915.06 3.80 %
Contra Costa Health Plan B Employee (EE) $858.37 $891.01 3.80 %
Family $2039.62 $2117.18 3.80 %
Kaiser Permanente Plan A Employee (EE) $784.71 $856.59 9.16 %
Family $1829.38 $1996.96 9.16 %
Kaiser Permanente Plan B Employee (EE) $639.82 $698.46 9.17 %
Family $1490.77 $1627.40 9.17 %
Health Net HMO Plan A Employee (EE) $1384.38 $1619.72 16.89 %
Family $3396.00 $3968.31 16.89 %
Health Net HMO Plan B Employee (EE) $962.67 $1126.32 16.87 %
Family $2361.53 $2759.48 16.87 %
Health Net CA & OOS PPO Plan A Employee (EE) $1771.41 $2109.35 19.08 %
Family $4208.12 $5020.25 19.08 %
* The 2 Tier Rate Structure only applies to CNA Actives and Early Retirees
August 1, 2017 Contra Costa County Board of Supervisors Minutes 206
Page 2 of 3
NonPERS Medicare Coordination of Benefits (COB) Plans
Coverage 2017 2018 % of Change
Contra Costa COB Health Plan A Retiree $356.15 $369.69 3.80 %
Family, 1
Medicare $1139.69 $1183.02 3.80 %
2 Medicare $712.31 $739.39 3.80 %
Family, 2
Medicare $1068.46 $1109.09 3.80 %
Contra Costa COB Health Plan B Retiree $366.83 $380.78 3.80 %
Family, 1
Medicare $1173.87 $1218.50 3.80 %
2 Medicare $733.67 $761.56 3.80 %
Family, 2
Medicare $1100.50 $1142.34 3.80 %
Health Net HMO A COB Plan Retiree/Spouse
Only $711.58 $772.06 8.50 %
Retiree & Spouse $1423.16 $1544.12 8.50 %
Health Net HMO B COB Plan Retiree/Spouse
Only $661.58 $717.87 8.51 %
Retiree & Spouse $1323.16 $1435.62 8.51 %
Health Net CA &OOS COB PPO Plan A Retiree/Spouse
Only $1057.79 $1113.11 5.23 %
Retiree & Spouse $2115.58 $2226.22 5.23%
Health Net CA &OOS COB PPO Plan B Retiree/Spouse
Only $910.43 $924.45 1.54 %
Retiree & Spouse $1820.86 $1848.90 1.54 %
Medicare Senior Advantage Plans
Coverage 2017 2018 % of Change
Health Net Seniority Plus Plan A Retiree/Spouse
Only $567.59 $567.59 No change
Retiree & Spouse $1135.18 $1135.18 No change
Health Net Seniority Plus Plan B Retiree/Spouse
Only $476.49 $476.49 No change
Retiree & Spouse $952.98 $952.98 No change
Kaiser Senior Advantage Plan A A & B $320.78 $351.15 9.47 %
B Only $684.16 $718.47 9.47 %
Kaiser Senior Advantage Plan A A & B $243.19 $266.25 9.48 %
B Only $616.29 $650.45 9.48 %
Dental
2 Tier & 3 Tier Rate Structure Coverage 2017 2018 % of Change
Delta Dental PPO ASO Fees n/a $4.85 $5.03 3.71%
Delta Dental PPO Employee (EE) $45.16 $45.16 No change
EE + 1 (Family) $102.00 $102.00 No change
EE + 2 or more
(Family) $102.00 $102.00 No change
Delta Care HMO Employee (EE) $29.06 $29.06 No change
EE + 1 (Family) $62.81 $62.81 No change
EE + 2 or more
(Family) $62.81 $62.81 No change
August 1, 2017 Contra Costa County Board of Supervisors Minutes 207
Page 3 of 3
Vision
2017 2018 % of Change
VSP Computer Vision Care Plan Employee (EE) $4.31 $4.31 No Change
VSP Voluntary Vision Plan Employee (EE) $10.08 $10.08 No Change
EE + 1 (Family) $20.14 $20.14 No Change
EE + 2 or more
(Family) $32.44 $32.44 No Change
Life Insurance
2017 2018 % of Change
VOYA Basic Life AD & D Program $0.125/$1000 $0.08/$1000 -0.064 %
VOYA Supplemental Life Program
Employee Age Rate per $1000 Rate per $1000 No change
0-24 $0.07 $0.07 No change
25-29 $0.08 $0.08 No change
30-34 $0.10 $0.10 No change
35-39 $0.11 $0.11 No change
40-44 $0.16 $0.16 No change
45-49 $0.26 $0.26 No change
50-54 $0.42 $0.42 No change
55-59 $0.65 $0.65 No change
60-64 $1.01 $1.01 No change
65-69 $1.82 $1.82 No change
> 70 $3.52 $3.52 No change
August 1, 2017 Contra Costa County Board of Supervisors Minutes 208
RECOMMENDATION(S):
ADOPT Resolution No. 2017/259 approving and authorizing the Public Works Director, or designee, to submit a One
Bay Area Grant Cycle 2 (OBAG 2) Application to the Contra Costa Transportation Authority for federal funding
under the Local Streets and Roads Preservation (LSRP) Program for the Contra Costa County Local Streets and
Roads Preservation Project for $4,327,000 and committing local support and assurance to complete the project,
Byron, El Sobrante and San Pablo area. (District I, III)
FISCAL IMPACT:
The LSRP program will provide approximately 88.53% of Federal Funds, and the local match will be funded by
11.47% Local Roads Funds.
BACKGROUND:
Funds awarded from the One Bay Area Grant (OBAG) Program will supplement Public Works Capital Road
Improvement and Preservation Program (CRIPP). OBAG is a federal funding program which is administered by the
Metropolitan Transportation Commission (MTC). MTC is the transportation planning, financing and coordinating
agency for the nine-county San Francisco Bay Area. OBAG encompasses several grant programs such as Safe Route
to School (SR2S), Transportation for Livable
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Michelle Cordis, (925)
313-2381
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Julie Buren, Director, Steve Kowalewski, Deputy Director, Jerry Fahy, TE, Nancy Wein, TE, Michelle Cordis, TE, Liza Magnabay, Finance
C. 1
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:ADOPT Resolution of local support of the Federal OBAG 2 funding for the Contra Costa County Local Streets and
Roads Preservation Project
August 1, 2017 Contra Costa County Board of Supervisors Minutes 209
BACKGROUND: (CONT'D)
Communities (TLC), Pedestrian, Bicycle and Trail Facilities (PBTF). The OBAG program factors include priority
development areas (PDAs), dense job centers, and communities of concern.
Contra Costa County Public Works has applied for grant funding under the OBAG 2 Local Streets and Roads
Preservation (LSRP) Program. LSRP is focused on pavement preservation and rehabilitation projects. Pavement
preservation consists of projects to improve or sustain the condition of the transportation facility in a state of good
repair. Preservation activities do not add capacity or structural value, but restore the overall condition of the
transportation facility. Pavement rehabilitation is defined as a structural enhancement to the pavements which
extends the service life of pavement. Seven miles of Vasco Road was submitted as a pavement preservation
project along with three miles of San Pablo Dam Road and 220 feet of El Portal Drive.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this resolution of local support for our OBAG 2 application may jeopardize a potential funding
source.
AGENDA ATTACHMENTS
Resolution No. 2017/259
MINUTES ATTACHMENTS
Signed: Resolution No. 2017/259
August 1, 2017 Contra Costa County Board of Supervisors Minutes 210
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/259
IN THE MATTER OF: AUTHORIZING the filing of an application for funding assigned to Metropolitan
Transportation Commission (MTC) and committing any necessary matching funds and stating the assurance to complete
the project.
WHEREAS, Contra Costa County Public Works Department (herein referred to as Applicant) is submitting an application to the
Metropolitan Transportation Commission (MTC) for $4,327,000 in funding assigned to MTC for programming discretion, which
includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered
by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding,
Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA)
set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding
(herein collectively referred to as Regional Discretionary Funding) for the Contra Costa County Local Streets and Roads
Preservation (LSRP) Project (herein referred to as Project) for the One Bay Area Grant Cycle 2 (OBAG 2) - LSRP Program
(herein referred to as Program); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various
transportation needs and programs, (collectively, the Federal Transportation Act) including, but not limited to the Surface
Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program
(CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California
Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning
Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the Federal Transportation Act, and any regulations promulgated thereunder, eligible project sponsors
wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate
MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out
procedures governing the application and use of Regional Discretionary Funding; and
WHEREAS, Applicant is an eligible sponsor for Regional Discretionary Funding; and
WHEREAS, as part of the application for Regional Discretionary Funding, MTC requires a resolution adopted by the responsible
implementing agency stating the following:
the commitment of any required matching funds; and
that the sponsor understands that the Regional Discretionary Funding is fixed at the programmed amount, and therefore
any cost increase cannot be expected to be funded with additional Regional Discretionary Funding; and
that the Project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional
Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
5
August 1, 2017 Contra Costa County Board of Supervisors Minutes 211
the assurance of the sponsor to complete the Project as described in the application, subject to environmental clearance,
and if approved, as included in MTC's Federal Transportation Improvement Program (TIP); and
that the Project will have adequate staffing resources to deliver and complete the Project within the schedule submitted with
the project application; and
that the Project will comply with all project-specific requirements as set forth in the Program; and
that Applicant has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation
projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans,
FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery
process for all FHWA- and CTC-funded transportation and transit projects implemented by Applicant; and
WHEREAS, that Applicant is authorized to submit an application for Regional Discretionary Funding for the Project; and
WHEREAS, there is no legal impediment to Applicant making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed Project, or the ability
of Applicant to deliver such Project; and
WHEREAS, Applicant authorizes its Executive Director, General Manager, or designee to execute and file an application with
MTC for Regional Discretionary Funding for the Project as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the
application.
NOW, THEREFORE, BE IT RESOLVED that the Applicant is authorized to execute and file an application for
funding for the Project for Regional Discretionary Funding under the Federal Transportation Act or continued funding;
and be it further RESOLVED that Applicant will provide any required matching funds; and be it further RESOLVED that
Applicant understands that the Regional Discretionary Funding for the project is fixed at the MTC approved programmed
amount, and that any cost increases must be funded by the Applicant from other funds, and that Applicant does not expect
any cost increases to be funded with additional Regional Discretionary Funding; and be it further RESOLVED that
Applicant understands the funding deadlines associated with these funds and will comply with the provisions and
requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and Applicant has,
and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit
projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation
projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC,
Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and
delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be
it further RESOLVED that Project will be implemented as described in the complete application and in this resolution,
subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal
TIP; and be it further RESOLVED that Applicant has reviewed the Project and has adequate staffing resources to deliver
and complete the Project within the schedule submitted with the project application; and be it further RESOLVED that
the Project will comply with the requirements as set forth in MTC programming guidelines and project selection
procedures for the Program; and be it further RESOLVED that, in the case of a transit project, Applicant agrees to comply
with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866,
revised; and be it further RESOLVED that, in the case of a highway project, Applicant agrees to comply with the
requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it
further RESOLVED that, in the case of an RTIP project, Project is included in a local congestion management plan, or is
consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide
transportation agency; and be it further RESOLVED that Applicant is an eligible sponsor of Regional Discretionary
Funding funded projects; and be it further RESOLVED that Applicant is authorized to submit an application for Regional
Discretionary Funding for the Project; and be it further RESOLVED that there is no legal impediment to Applicant
making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that
might in any way adversely affect the proposed Project, or the ability of Applicant to deliver such Project; and be it
further RESOLVED that Applicant authorizes its Public Works Director, General Manager, City Manager, or designee to
execute and file an application with MTC for Regional Discretionary Funding for the Project as referenced in this
resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with
the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the
Project described in the resolution, and if approved, to include the Project in MTC's federal TIP upon submittal by the
project sponsor for TIP programming.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 212
Contact: Michelle Cordis, (925) 313-2381
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Julie Buren, Director, Steve Kowalewski, Deputy Director, Jerry Fahy, TE, Nancy Wein, TE, Michelle Cordis, TE, Liza Magnabay, Finance
August 1, 2017 Contra Costa County Board of Supervisors Minutes 213
August 1, 2017 Contra Costa County Board of Supervisors Minutes 214
August 1, 2017 Contra Costa County Board of Supervisors Minutes 215
August 1, 2017 Contra Costa County Board of Supervisors Minutes 216
RECOMMENDATION(S):
ADOPT Resolution No. 2017/260 approving and authorizing the Public Works Director, or designee, to submit a One
Bay Area Grant Cycle 2 (OBAG 2) application to the Contra Costa Transportation Authority for federal funding
under the Federal-Aid Secondary (FAS) Program for the Kirker Pass Road Open Grade Overlay Project for
$1,343,000, and committing local support and assurance to complete the project, (Project No. 0662-6R4150) (District
IV, V)
FISCAL IMPACT:
The FAS program will provide approximately 88.53% of federal funds and the local match for the project will be
funded by 11.47% Local Road Funds.
BACKGROUND:
Funds awarded from the One Bay Area Grant (OBAG) Program will supplement Public Works Capital Road
Improvement and Preservation Program (CRIPP). OBAG is a federal funding program which is administered by the
Metropolitan Transportation Commission (MTC). MTC is the transportation planning, financing and coordinating
agency for the nine-county San Francisco Bay Area. OBAG encompasses several grant programs such as Safe Route
to School (SR2S), Transportation for Livable Communities (TLC), Pedestrian, Bicycle and Trail Facilities (PBTF).
The OBAG program factors include priority development areas (PDAs), dense job centers, and communities of
concern.
Contra Costa County Public Works has applied
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Michelle Cordis, 925
313-2381
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Julie Buren, Director, Steve Kowalewski, Deputy Director, Jerry Fahy, TE, Nancy Wein, TE, Michelle Cordis, TE, Liza Magnabay, Finance
C. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:ADOPT Resolution of local support of the Federal OBAG 2 funding for the Contra Costa County Kirker Pass Project
August 1, 2017 Contra Costa County Board of Supervisors Minutes 217
BACKGROUND: (CONT'D)
for grant funding for pavement rehabilitation of a 1.6 mile section of Kirker Pass Road under the OBAG 2 FAS
Program. FAS is focused on improving rural roads. The last pavement surface treatment on this portion of
roadway was in 2003. With approximately 18,000 vehicles a day, this high speed arterial requires pavement
rehabilitation to prevent further deterioration of the roadway, improve its current Pavement Condition Index
(PCI), and extend its service life.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this resolution of local support for our OBAG application may jeopardize a potential funding
source.
AGENDA ATTACHMENTS
Resolution No. 2017/260
MINUTES ATTACHMENTS
Signed: Resolution No. 2017/260
August 1, 2017 Contra Costa County Board of Supervisors Minutes 218
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/260
IN THE MATTER OF: AUTHORIZING the filing of an application for the funding assigned to the Metropolitan Transportation
Commission (MTC) and committing any necessary matching funds and stating the assurance to complete the project.
WHEREAS, Contra Costa County Public Works Department (herein referred to as Applicant) is submitting an application to the
Metropolitan Transportation Commission (MTC) for $1,343,000 in funding assigned to MTC for programming discretion, which
includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered
by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding,
Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA)
set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding
(herein collectively referred to as Regional Discretionary Funding) for the Kirker Pass Road Open Grade Overlay Project (herein
referred to as Project) for the One Bay Area Grant Cycle 2 (OBAG 2) Federal Aid Secondary(FAS) Program (herein referred to
as Program); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various
transportation needs and programs, (collectively, the Federal Transportation Act) including, but not limited to the Surface
Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program
(CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, State statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California
Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning
Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the Federal Transportation Act, and any regulations promulgated thereunder, eligible Project sponsors
wishing to receive federal or state funds for a regionally-significant Project shall submit an application first with the appropriate
MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out
procedures governing the application and use of Regional Discretionary Finding; and
WHEREAS, Applicant is an eligible sponsor for Regional Discretionary Funding; and
WHEREAS, as part of the application for Regional Discretionary Funding, MTC requires a resolution adopted by the responsible
implementing agency stating the following:
the commitment of any required matching funds; and
that the sponsor understands that the Regional Discretionary Funding is fixed at the programmed amount, and therefore
any cost increase cannot be expected to be funded with additional Regional Discretionary Funding; and
that the Project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional
Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
the assurance of the sponsor to complete the Project as described in the application, subject to environmental clearance,
and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
5
August 1, 2017 Contra Costa County Board of Supervisors Minutes 219
that the Project will have adequate staffing resources to deliver and complete the Project within the schedule submitted with
the Project application; and
that the Project will comply with all project-specific requirements as set forth in the Program; and
that Applicant has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation
projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans,
FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery
process for all FHWA- and CTC-funded transportation and transit projects implemented by Applicant; and
in the case of an RTIP project, state law requires Project be included in a local congestion management plan, or be
consistent with the capital improvement program adopted pursuant to MTC's funding agreement with the countywide
transportation agency; and
WHEREAS, that Applicant is authorized to submit an application for Regional Discretionary Funding for the Project; and
WHEREAS, there is no legal impediment to Applicant making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed Project, or the ability
of Applicant to deliver such Project; and
WHEREAS, Applicant authorizes its Executive Director, General Manager, or designee to execute and file an application with
MTC for Regional Discretionary Funding for the Project as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the
application.
NOW, THEREFORE, BE IT RESOLVED that the Applicant is authorized to execute and file an application for funding for the
Project for Regional Discretionary Funding under the Federal Transportation Act or continued funding; and be it further
RESOLVED that Applicant will provide any required matching funds; and be it further
RESOLVED that Applicant understands that the Regional Discretionary Funding for the Project is fixed at the MTC approved
programmed amount, and that any cost increases must be funded by the Applicant from other funds, and that Applicant does not
expect any cost increases to be funded with additional Regional Discretionary Funding; and be it further
RESOLVED that Applicant understands the funding deadlines associated with these funds and will comply with the provisions
and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and Applicant has, and
will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit Projects, and
has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation Projects to coordinate
within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all
communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and
CTC-funded transportation and transit Projects implemented by Applicant; and be it further
RESOLVED that Project will be implemented as described in the complete application and in this resolution, subject to
environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it
further
RESOLVED that Applicant has reviewed the Project and has adequate staffing resources to deliver and complete the Project
within the schedule submitted with the Project application; and be it further
RESOLVED that Project will comply with the requirements as set forth in MTC programming guidelines and Project selection
procedures for the Program; and be it further RESOLVED that, in the case of a transit Project, Applicant agrees to comply with
the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be
it further
RESOLVED that, in the case of a highway Project, Applicant agrees to comply with the requirements of MTC’s Traffic
Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP Project, Project is included in a local congestion management plan, or is consistent with
the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
be it further
RESOLVED that Applicant is an eligible sponsor of Regional Discretionary Funding funded Projects; and be it further
RESOLVED that Applicant is authorized to submit an application for Regional Discretionary Funding for the Project; and be it
further
RESOLVED that there is no legal impediment to Applicant making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed Project, or the
ability of Applicant to deliver such Project; and be it further
RESOLVED that Applicant authorizes its Public Works Director, General Manager, City Manager, or designee to execute and
file an application with MTC for Regional Discretionary Funding for the Project as referenced in this resolution; and be it further
August 1, 2017 Contra Costa County Board of Supervisors Minutes 220
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be
it further
RESOLVED that the MTC is requested to support the application for the Project described in the resolution, and if approved, to
include the Project in MTC's federal TIP upon submittal by the Project sponsor for TIP programming.
Contact: Michelle Cordis, 925 313-2381
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Julie Buren, Director, Steve Kowalewski, Deputy Director, Jerry Fahy, TE, Nancy Wein, TE, Michelle Cordis, TE, Liza Magnabay, Finance
August 1, 2017 Contra Costa County Board of Supervisors Minutes 221
August 1, 2017 Contra Costa County Board of Supervisors Minutes 222
August 1, 2017 Contra Costa County Board of Supervisors Minutes 223
August 1, 2017 Contra Costa County Board of Supervisors Minutes 224
RECOMMENDATION(S):
ADOPT Traffic Resolution No. 2017/4459 to prohibit stopping, standing, or parking at all times on a portion of
Silver Avenue (Road No. 0565K), beginning at the prolongation of the east curb line of Harold Street (Road No.
0565V) and extending westerly to its termination, a distance of 312 feet, as recommended by the Public Works
Director, North Richmond area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Upon request by the Board of Supervisors District I staff, and in consultation with the Sheriff's Office and Housing
Authority, restrictions to vehicles parking and stopping on the western portion of Silver Avenue is being requested in
an effort to help address an urgent public safety issue. Due to low occupancy rates in the area, illegal street gatherings
in the vicinity of these restrictions are common resulting in littering, sideshows, and other illicit activities on Silver
Avenue’s westernmost terminus. These restrictions will help local law enforcement limit these gatherings.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Monish Sen, 925.
313-2187
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: August 1, 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:August 1, 2017
Contra
Costa
County
Subject:Adopt Traffic Resolution No. 2017/4459 to prohibit stopping, standing, or parking at all times on a portion of Silver
Avenue , North Richmond area
August 1, 2017 Contra Costa County Board of Supervisors Minutes 225
CONSEQUENCE OF NEGATIVE ACTION:
Vehicles will continue to park, stand, and stop on this portion of roadway leaving the Sheriffs Office unable to
enforce the restrictions and disperse gatherings.
AGENDA ATTACHMENTS
Resolution 2017/4459
MINUTES ATTACHMENTS
Signed: Traffic Resolution No. 2017/4459
August 1, 2017 Contra Costa County Board of Supervisors Minutes 226
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Traffic Resolution on August 1, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: RESOLUTION NO. 2017/4459
Supervisorial District I
TRAFFIC RESOLUTION NO. 2017/4459
SUBJECT: Prohibit stopping, standing, or parking at all times on a portion of Silver Avenue
(Road No. 0565K), North Richmond area.
The Contra Costa County Board of Supervisors RESOLVES that:
Based on the recommendations by the County Public Works Department’s Transportation
Engineering Division, and pursuant to County Ordinance Code Sections 46 2.002 - 46 2.012, the
following traffic regulation is established:
Pursuant to Section 22507 of the California Vehicle Code, stopping, standing, or
parking is hereby declared to be prohibited at all times on Silver Avenue (Road No.
0565K), beginning at the prolongation of the east curb line of Harold Street (Road
No. 0565V) and extending westerly to its termination, a distance of 312 feet, North
Richmond area.
MO:mh
Orig. Dept.: Public Works (Traffic)
Contact: Monish Sen (925-313-2187)
c: California Highway Patrol
Sheriff’s Department
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:
DAVID TWA, Clerk of the Board of Supervisors and
County Administrator
By ,
Deputy
August 1, 2017 Contra Costa County Board of Supervisors Minutes 227
August 1, 2017 Contra Costa County Board of Supervisors Minutes 228
RECOMMENDATION(S):
ADOPT Traffic Resolution No. 2017/4458 to prohibit stopping, standing, or parking at all times on a portion of
North Jade Street (Road No. 0565S), beginning at the intersection of West Grove Avenue (Road No. 0565J) and
extending northerly a distance of 500 feet, as recommended by the Public Works Director, North Richmond Area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Upon request by the Board of Supervisors District I staff, and in consultation with the Sheriff's Office and Housing
Authority, Public Works is establishing restrictions to vehicles parking and stopping on portions of North Jade Street
in an effort to help address an urgent public safety issue. Due to low occupancy rates in the area, illegal street
gatherings in the vicinity of these restrictions are common resulting in littering, sideshows, and other illicit activities
in and around North Jade Street. These restriction will help local law enforcement limit these gatherings.
CONSEQUENCE OF NEGATIVE ACTION:
Vehicles will continue to park, stand, and stop on the roadway, leaving the Sheriff's Office unable to enforce the
restrictions and disperse gatherings.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Mark De La O, (925)
313-2234
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: August 1, 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:August 1, 2017
Contra
Costa
County
Subject:ADOPT Traffic Resolution No. 2017/4458 to prohibit stopping, standing, or parking at all times on a portion of North
Jade Street (Road No. 0565S)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 229
AGENDA ATTACHMENTS
Resolution 2017/4458
MINUTES ATTACHMENTS
Signed Traffic Resolution
2017/4458
August 1, 2017 Contra Costa County Board of Supervisors Minutes 230
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Traffic Resolution on August 1, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: RESOLUTION NO. 2017/4458
Supervisorial District
TRAFFIC RESOLUTION NO. 2017/4458
SUBJECT: Prohibit stopping, standing, or parking at all times on a portion of Jade Street
(Road No. 0565S), North Richmond area.
The Contra Costa County Board of Supervisors RESOLVES that:
Based on the recommendations by the County Public Works Department’s Transportation
Engineering Division and pursuant to County Ordinance Code Sections 46-2.002 – 46-2.012, the
following traffic regulation is established:
Pursuant to Section 22507 of the California Vehicle Code, stopping, standing, or
parking is hereby declared to be prohibited at all times on Jade Street (Road No.
0565S), beginning at the intersection of West Grove Avenue (Road No. 0565J)
and extending northerly a distance of 500 feet, North Richmond area.
MS:mh
Orig. Dept.: Public Works (Traffic)
Contact: Monish Sen (925-313-2187)
cc: California Highway Patrol
Sheriff’s Department
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:
DAVID TWA, Clerk of the Board of Supervisors and
County Administrator
By ,
Deputy
August 1, 2017 Contra Costa County Board of Supervisors Minutes 231
August 1, 2017 Contra Costa County Board of Supervisors Minutes 232
RECOMMENDATION(S):
ADOPT Traffic Resolution No. 2017/4455 to prohibit vehicles over 40 feet in length on Pinehurst Road (Road No.
2631A), as recommended by the Public Works Director, Canyon area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Pinehurst Road is a narrow canyon road with numerous vertical and horizontal curves, including two sharp hairpin
turns nearer to the northern end. There have been 26 traffic collisions on this roadway since 2009, including four
collisions involving bicyclists. We have been informed of larger trucks having been "stuck" on the hairpin turns,
causing a nuisance and safety hazard. State-standard truck (WB-40) turning templates show that vehicles over 40 feet
in length cannot negotiate the hairpin turns without encroaching into the opposing lane. Prohibiting such vehicles
from Pinehurst Road will enhance traffic safety for drivers of these larger vehicles
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Monish Sen, 925.
313-2187
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: August 1, 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:August 1, 2017
Contra
Costa
County
Subject:ADOPT Traffic Resolution No. 2017/4455 to prohibit vehicles over 40 feet in length on Pinehurst Road (Road No.
2631A)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 233
BACKGROUND: (CONT'D)
as well as other road users, including motorists and bicyclists. Pinehurst Road terminates at its southern end at
Redwood Road, in Alameda County. The Alameda County Public Works Department has been contacted
regarding this vehicular restriction. Coordination efforts to inform the public of vehicular restrictions with signage
on the roadway will continue on the roadway.
CONSEQUENCE OF NEGATIVE ACTION:
Vehicles over 40 feet in length will not be prohibited from using Pinehurst Road.
AGENDA ATTACHMENTS
Resolution 2017/4455
MINUTES ATTACHMENTS
Signed: Traffic Resolution 2017/4455
August 1, 2017 Contra Costa County Board of Supervisors Minutes 234
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Traffic Resolution on August 1, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: RESOLUTION NO. 2017/4455
Supervisorial District II
TRAFFIC RESOLUTION NO. 2017/4455
SUBJECT: Prohibit vehicles over 40 feet in length on Pinehurst Road (Road No.2631A),
Canyon area.
The Contra Costa County Board of Supervisors RESOLVES that:
Based on the recommendations by the County Public Works Department’s Transportation
Engineering Division and pursuant to County Ordinance Code Sections 46-2.002 – 46-2.012, the
following traffic regulation is established:
Subject only to the exceptions listed in Vehicle Code Section 35400, or as otherwise
provided under State law, pursuant to Vehicle Code Section 35400(a), vehicles over 40
feet in length are prohibited on Pinehurst Road (Road No. 2631A), Canyon area
This Traffic Resolution shall become effective when the Public Works Department installs the
appropriate signs on Pinehurst Road to give notice of the length limit imposed by this resolution.
MO:mh
Orig. Dept.: Public Works (Traffic)
Contact: Monish Sen (925-313-2187)
c: California Highway Patrol
Sheriff’s Department
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:
DAVID TWA, Clerk of the Board of Supervisors and
County Administrator
By ,
Deputy
August 1, 2017 Contra Costa County Board of Supervisors Minutes 235
August 1, 2017 Contra Costa County Board of Supervisors Minutes 236
RECOMMENDATION(S):
CONTINUE the emergency action originally taken by the Board of Supervisors on March 7, 2017, pursuant to
Public Contract Code Sections 22035 and 22050, to repair the Morgan Territory Road Slide Repair Project, as
recommended by the Public Works Director, Clayton area. Project No. 0672-6U6203 (District III)
FISCAL IMPACT:
The total cost of the project is not expected to exceed $6,000,000. The project will be funded by Local Road Funds
(100%). County staff is actively pursuing reimbursement through the Federal Emergency Management Agency
(FEMA) as a result of the State and Federal emergency declarations.
BACKGROUND:
On March 7, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to
proceed in the most expeditious manner to repair Morgan Territory Road approximately 1 mile south of Marsh Creek
Road.
The repair work requires the installation of two structural retaining wall systems, excavation and backfill of
embankment between the wall systems, reconstruction of pavement, drainage improvements, and pavement striping.
Public
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Kevin Emigh,
925.313-2233
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 6
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Continue the emergency action for the Morgan Territory Road Slide Repair project, Clayton area.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 237
BACKGROUND: (CONT'D)
Works Department staff completed the road repair design and requested prices for the necessary equipment, services,
and supplies to perform the emergency repair project as expeditiously as possible. The resulting price quotes were
received on May 23, 2017. On June 1, 2017, the Public Works Director signed a construction contract with Flatiron
West, Inc. to perform the emergency repair work.
The emergency repairs began on July 17, 2017 and will be complete by November 2017. During the construction
period, Morgan Territory Road will be closed at the slide site and local traffic will use a temporary access on Leon
Drive through the Marsh Creek Detention Facility driveway.
Public Contract Code Section 22050 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. Since the conditions that
warranted the emergency declaration persist, it is appropriate for the Board to continue the emergency actions
regarding the hazardous conditions caused by storm damage.
CONSEQUENCE OF NEGATIVE ACTION:
Non-concurrence at this point in the project could cause delays in completion of the slide repairs.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 238
RECOMMENDATION(S):
CONTINUE the emergency action originally taken by the Board of Supervisors on February 14, 2017, pursuant to
Public Contract Code Sections 22035 and 22050, to repair the Alhambra Valley Road Washout Project, as
recommended by the Public Works Director, Pinole area. Project No. 0672-6U6201 (District I)
FISCAL IMPACT:
The total cost of the project is not expected to exceed $4,000,000. The project will be funded by Local Road Funds
(100%). The project is eligible for prorated reimbursement under the state of emergency declared by Governor
Brown on January 23, 2017.
BACKGROUND:
On February 14, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to
proceed in the most expeditious manner to repair the washed out portion of Alhambra Valley Road.
The repair work requires the construction of a new bridge with wingwalls, slope protection and roadway conform
work.
Public Works Department staff completed the bridge design and requested prices for the necessary equipment,
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Kevin Emigh,
925.313-2233
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: August 1, 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:August 1, 2017
Contra
Costa
County
Subject:Continue the emergency action for the repair of the Alhambra Valley Road Washout, Pinole area.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 239
BACKGROUND: (CONT'D)
services, and supplies to perform the emergency repair project as expeditiously as possible. The resulting price quotes
were received on May 23, 2017.
On May 24, 2017, the Public Works Director signed a construction contract with Flatiron West, Inc. to perform the
emergency repair work. The emergency repairs began June 12 with completion anticipated by the end of September
2017.
Public Contract Code Section 22050 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. Since the conditions that
warranted the emergency declaration persist, it is appropriate for the Board to continue the emergency actions
regarding the hazardous conditions caused by storm damage.
CONSEQUENCE OF NEGATIVE ACTION:
Non-concurrence at this point in the project could cause delays in completion of the washout repairs.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 240
RECOMMENDATION(S):
ADOPT Resolution No. 2017/273 accepting as complete the contracted work performed by John Tse, (dba CC &
Company) for the Countywide Trash Capture Project, as recommended by the Public Works Director, Countywide.
Project No. 7517-6W7085
FISCAL IMPACT:
Project was funded by 100% Storm Water Utility Assessment (SUA) 17 Funds.
BACKGROUND:
The Public Works Director reports that said work has been inspected and complies with the approved plans, special
provisions and standard specifications and recommends its acceptance as complete as of July 14, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
The contractor will not be paid and acceptance notification will not be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Kevin Emigh,
925.313-2233
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 8
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Notice of Completion of Contract for the Countywide Trash Capture Project, Countywide.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 241
AGENDA ATTACHMENTS
Resolution No. 2017/273
MINUTES ATTACHMENTS
Signed: Resolution No.
2017/273
August 1, 2017 Contra Costa County Board of Supervisors Minutes 242
Recorded at the request of:Clerk of the Board
Return To:Public Works Department - Design/Construction Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 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. 2017/273
IN THE MATTER OF Accepting and Giving Notice of Completion of Contract for the Countywide Trash Capture Project,
Countywide. Project No. 7517-6W7085 (All Districts)
WHEREAS the Board of Supervisors RESOLVES that on April 18, 2017, the County contracted with John Tse, d/b/a CC &
Company for the work generally consisting of manufacturing and installing full trash capture units in 154 inlets Countywide,
with The Ohio Casualty Insurance Company as surety, for work performed on the grounds of the County; and
The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions
and standard specifications and recommends its acceptance as complete as of July 14, 2017.
NOW THEREFORE, BE IT RESOLVED said work is ACCEPTED as complete on said date, and the Clerk shall file with the
County Recorder a copy of this resolution and Notice as a Notice of Completion for said contract.
Contact: Kevin Emigh, 925.313-2233
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 243
August 1, 2017 Contra Costa County Board of Supervisors Minutes 244
RECOMMENDATION(S):
(1) APPROVE the specifications for the 2017 On-Call Pipe Rehabilitation Services Contract(s) for Various Road,
Flood Control, and Airport Maintenance Work, Countywide. Project No. 0672-6U2512-17 (All Districts)
(2) DETERMINE that Hess Concrete Construction Co., Inc. (Hess), the lowest monetary bidder, has complied with
the requirements of the County’s Outreach Program for this project, as provided in the project specifications; and the
Board WAIVES any irregularities in such compliance; and FURTHER DETERMINE that Hess has submitted the
lowest responsive and responsible bid for this project.
(3) AWARD the on-call contract to Hess, in a not to exceed amount ($150,000.00) and the unit prices submitted in
the bid ($2,136.00 Total Unit Price).
(4) DIRECT that the Public Works Director, or designee, shall prepare the contract.
(5) ORDER that after the contractor has signed the contract and returned it, together with any required certificates of
insurance and other required documents, and the Public Works Director has reviewed and found them to be sufficient;
the Public Works Director, or designee, is authorized to sign the contract for this Board.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Kevin Emigh,
925.313.2233
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 9
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Construction Contract for the 2017 On-Call Pipe Rehabilitation Services Contract(s) for Various Road, Flood Control
& Airport Maint. Work, Countywide.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 245
RECOMMENDATION(S): (CONT'D)
(6) ORDER that, the Public Works Director, or designee, is authorized to sign any escrow agreements prepared for
this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys
withheld by the County to ensure performance under the contract, pursuant to Public Contracts Code Section 22300.
(7) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the
Board’s functions under Public Contract Code Sections 4107 and 4110.
(8) DECLARE that, should the award of the contract to Hess be invalidated for any reason, the Board would not in
any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all
of the bids received. Nothing in this Board Order shall prevent the Board from re-awarding the contract to another
bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract, or fails to furnish
required bonds or insurance (see Public Contract Code Sections 5100-5107).
FISCAL IMPACT:
The contract, for a maximum amount of $150,000, will be funded by 100% Local Road.
BACKGROUND:
The above project was previously approved by the Board of Supervisors, specifications were filed with and approved
by the Board, and bids were invited by the Public Works Director. On May 9, 2017, the Public Works Department
received bids from the following contractors:
BIDDER, TOTAL UNIT AMOUNT
Hess Concrete Construction Co., Inc.: $2,136 Total Unit Price
The Public Works Director has reported that Hess complied with the requirements of the County’s Outreach Program,
with minor irregularities, as provided in the project specifications, and the Public Works Director recommends that
the construction contract be awarded to Hess.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with
the Clerk of the Board, with copies to be made available to any party upon request.
CONSEQUENCE OF NEGATIVE ACTION:
The Public Works Department may be unable to complete routine road maintenance work in a timely manner.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 246
RECOMMENDATION(S):
ADOPT Resolution No. 2017/269 approving the Stormwater Management Facilities Operation and Maintenance
Agreement for minor subdivision MS12-0007, for a project being developed by Milton John Marin, Jr., and Sally
Ann Marin, as recommended by the Public Works Director, Walnut Creek area. (District IV)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval
No. 44.
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: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Kara Schuh-Garibay, Engineering Services, Jocelyn LaRocque, Engineering Services, Milton John Marin, Jr. and Sally Ann Marin
C. 10
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Approve the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision
MS12-0007, Walnut Creek area.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 247
AGENDA ATTACHMENTS
Resolution No. 2017/269
O&M Agreement
MINUTES ATTACHMENTS
Signed: Resolution No. 2017/269
August 1, 2017 Contra Costa County Board of Supervisors Minutes 248
Recorded at the request of:Jocelyn LaRocque
Return To:Melissa Billeci
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 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. 2017/269
IN THE MATTER OF Approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor
subdivision MS12-0007 (APN 140-220-008), Walnut Creek area. (District IV)
WHEREAS the Public Works Director has recommended that she be authorized to execute the Stormwater Management
Facilities Operation and Agreement with Milton John Marin, Jr., and Sally Ann Marin, Trustees of the Marin Family Trust dated
March 19, 2007, as required by the Conditions of Approval for minor subdivision MS12-0007. 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 MS12-0007, which is located at 296 La Casa Via in the Walnut Creek
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Kara Schuh-Garibay, Engineering Services, Jocelyn LaRocque, Engineering Services, Milton John Marin, Jr. and Sally Ann Marin
August 1, 2017 Contra Costa County Board of Supervisors Minutes 249
August 1, 2017 Contra Costa County Board of Supervisors Minutes 250
August 1, 2017 Contra Costa County Board of Supervisors Minutes 251
August 1, 2017 Contra Costa County Board of Supervisors Minutes 252
August 1, 2017 Contra Costa County Board of Supervisors Minutes 253
August 1, 2017 Contra Costa County Board of Supervisors Minutes 254
August 1, 2017 Contra Costa County Board of Supervisors Minutes 255
August 1, 2017 Contra Costa County Board of Supervisors Minutes 256
August 1, 2017 Contra Costa County Board of Supervisors Minutes 257
August 1, 2017 Contra Costa County Board of Supervisors Minutes 258
August 1, 2017 Contra Costa County Board of Supervisors Minutes 259
August 1, 2017 Contra Costa County Board of Supervisors Minutes 260
RECOMMENDATION(S):
ADOPT Resolution No. 2017/270 accepting an Offer of Dedication for a Trail Easement for road agreement
RA07-01234, (cross reference subdivision SD08-09247), for a project being developed by Shapell Industries, Inc., a
Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District
II)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Offer of Dedication for a Trail Easement is required per Condition of Approval No. 189.
CONSEQUENCE OF NEGATIVE ACTION:
The Offer of Dedication for a Trail Easement will not be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Ruben Hernandez, Dept of Conservation , Shapell Industries, Inc., a Delaware Company, Surety - North American Specialty Insurance Company
C. 11
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Accept an Offer of Dedication for a Trail Easement for road acceptance RA07-01234 (cross reference SD08-09247),
San Ramon (Dougherty Valley) area.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 261
AGENDA ATTACHMENTS
Resolution No. 2017/270
RA1234 Order of Dedication
MINUTES ATTACHMENTS
Signed: Resolution No.
2017/270
August 1, 2017 Contra Costa County Board of Supervisors Minutes 262
Recorded at the request of:Jocelyn LaRocque
Return To:Melissa Billeci
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 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. 2017/270
IN THE MATTER OF Accepting an Offer of Dedication for a Trail Easement for road acceptance RA07-01234 (cross reference
subdivision SD08-09247), for a project being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by
the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY.
INSTRUMENT: Offer of Dedication for a Trail Easement
APN: 222-270-046
GRANTOR: Shapell Industries, Inc., a Delaware Corporation
AREA: San Ramon
DISTRICT: II
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Ruben Hernandez, Dept of Conservation , Shapell Industries, Inc., a Delaware Company, Surety - North American Specialty Insurance Company
August 1, 2017 Contra Costa County Board of Supervisors Minutes 263
August 1, 2017 Contra Costa County Board of Supervisors Minutes 264
August 1, 2017 Contra Costa County Board of Supervisors Minutes 265
August 1, 2017 Contra Costa County Board of Supervisors Minutes 266
August 1, 2017 Contra Costa County Board of Supervisors Minutes 267
August 1, 2017 Contra Costa County Board of Supervisors Minutes 268
August 1, 2017 Contra Costa County Board of Supervisors Minutes 269
August 1, 2017 Contra Costa County Board of Supervisors Minutes 270
August 1, 2017 Contra Costa County Board of Supervisors Minutes 271
RECOMMENDATION(S):
ADOPT Resolution No. 2017/271 accepting an Offer of Dedication for a Landscape Easement for subdivision
SD16-09301, for a project being developed by Shapell Industries, Inc., a Delware Corporation, as recommended by
the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Offer of Dedication for a Landscape Easement is required per Condition of Approval No. 189.
CONSEQUENCE OF NEGATIVE ACTION:
The Offer of Dedication for a Landscape Easement will not be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Ruben Hernandez, Dept of Conservation , Shapell Industries, Inc., a Delaware Company, Surety - North American Specialty Insurance Company
C. 12
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Accept an Offer of Dedication for a Landscape Easement for subdivision SD16-09301, San Ramon (Dougherty
Valley) area.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 272
AGENDA ATTACHMENTS
Resolution No. 2017/271
SD9301 Offer of Dedication
MINUTES ATTACHMENTS
Signed: Resolution No.
2017/271
August 1, 2017 Contra Costa County Board of Supervisors Minutes 273
Recorded at the request of:Jocelyn LaRocque
Return To:Melissa Billeci
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 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. 2017/271
IN THE MATTER OF Accepting an Offer of Dedication for a Landscape Easement for subdivision SD16-09301, for a project
being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon
(Dougherty Valley) area. (District II)
NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY.
INSTRUMENT: Offer of Dedication for a Landscape Easement
APN: 222-270-046
GRANTOR: Shapell Industries, Inc., a Delaware Corporation
AREA: San Ramon
DISTRICT: II
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Ruben Hernandez, Dept of Conservation , Shapell Industries, Inc., a Delaware Company, Surety - North American Specialty Insurance Company
August 1, 2017 Contra Costa County Board of Supervisors Minutes 274
August 1, 2017 Contra Costa County Board of Supervisors Minutes 275
August 1, 2017 Contra Costa County Board of Supervisors Minutes 276
August 1, 2017 Contra Costa County Board of Supervisors Minutes 277
August 1, 2017 Contra Costa County Board of Supervisors Minutes 278
August 1, 2017 Contra Costa County Board of Supervisors Minutes 279
August 1, 2017 Contra Costa County Board of Supervisors Minutes 280
August 1, 2017 Contra Costa County Board of Supervisors Minutes 281
August 1, 2017 Contra Costa County Board of Supervisors Minutes 282
August 1, 2017 Contra Costa County Board of Supervisors Minutes 283
August 1, 2017 Contra Costa County Board of Supervisors Minutes 284
August 1, 2017 Contra Costa County Board of Supervisors Minutes 285
August 1, 2017 Contra Costa County Board of Supervisors Minutes 286
August 1, 2017 Contra Costa County Board of Supervisors Minutes 287
August 1, 2017 Contra Costa County Board of Supervisors Minutes 288
August 1, 2017 Contra Costa County Board of Supervisors Minutes 289
August 1, 2017 Contra Costa County Board of Supervisors Minutes 290
August 1, 2017 Contra Costa County Board of Supervisors Minutes 291
August 1, 2017 Contra Costa County Board of Supervisors Minutes 292
August 1, 2017 Contra Costa County Board of Supervisors Minutes 293
August 1, 2017 Contra Costa County Board of Supervisors Minutes 294
August 1, 2017 Contra Costa County Board of Supervisors Minutes 295
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an Amendment to the
Transportation Service Agreement for Operation of a School Bus Route within County Service Area (CSA) T-1 with
the Measure J Traffic Congestion Relief Agency (TRAFFIX), to authorize payment of TRAFFIX operational and
overhead costs to run two school bus routes within CSA T-1, as recommended by the Public Works Director,
Danville area.
FISCAL IMPACT:
100% County Service Area T-1 Funds
BACKGROUND:
In early 2014, the County and the Measure J Traffic Congestion Relief Agency (TRAFFIX), a traffic congestion
relief program operated cooperatively by Contra Costa County, the City of San Ramon, the Town of Danville, and
the San Ramon Valley Unified School District, executed the Transportation Service Agreement (Agreement) for
Operation of a School Bus Route within County Service Area T-1 (CSA T-1) (Exhibit A) to use CSA T-1 funds to
pay for one TRAFFIX school bus to serve students who live in the CSA T-1 and attend Monte Vista High School. In
early 2017, TRAFFIX and the County executed the 1st Amendment to the Agreement, which added a second
TRAFFIX school bus to serve students who live in the CSA T-1 and attend Monte Vista High School.
Annual CSA T-1 Payment to TRAFFIX
According to the Agreement, the County pays TRAFFIX the Projected Annual Operational Cost, minus revenue from
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 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:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Approve Amendment to the Transportation Service Agreement for school bus services for County Service Area T-1
residents, Danville.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 296
the sale of annual bus passes, for annual service operation of each CSA T-1-supported bus. The Projected Annual
Operational Cost is calculated by multiplying the base (daily) rate that the school bus contractor charges TRAFFIX to
operate a bus—$451.81 for FY 16-17—by the number of instructional days in an academic year. The base rate is
calculated by dividing the total annual school bus contractor (operational) cost for the TRAFFIX program by the
number of buses in the traffic fleet and the number of instructional days an academic year.
The County’s current obligation to reimburse TRAFFIX to operate CSA T-1 buses does not cover TRAFFIX
overhead costs—Program Administration, Audit Services, Consulting Services, Insurance, Legal Counsel Services,
and Banking Service/Credit Card Services—associated with operation of each CSA T-1 bus. After several
discussions between County staff and TRAFFIX staff regarding overhead costs incurred by TRAFFIX for running
the CSA T-1 buses, TRAFFIX is requesting that the County also pay annual overhead costs associated with operating
each CSA T-1 bus (in addition to the operation costs), starting from July 1, 2016.
The overhead costs associated with each CSA T-1 bus would be developed as follows:
· sum of the total annual overhead costs for the TRAFFIX Program,
· divided by the number of buses in the TRAFFIX bus fleet.
For FY 16-17, the overhead amount for each CSA T-1 would be $6,695.45, as calculated in the table below-
August 1, 2017 Contra Costa County Board of Supervisors Minutes 297
BACKGROUND: (CONT'D)
Total Annual Overhead Costs for
TRAFFIX
Program for FY 16-17
Number of
Buses
Annual Overhead Cost Per CSA T-1 Bus for FY
16-17
$147,300.00 22 $6,695.45
The new calculation for the amount the County would pay TRAFFIX for each CSA T-1 bus would be as follows:
· Projected Annual Operating Cost,
· plus the Annual Overhead Cost per CSA T-1 bus,
· minus revenue from the sale of annual bus passes for the CSA T-1 bus.
The table below shows the estimated amount, $75,421.25, the County would pay TRAFFIX for each CSA T-1 bus,
assuming full seating capacity, in FY 16-17.
Projected Annual
Operating Cost Annual
Overhead
Costs Per
Bus for FY
16-17
Revenue from
Annual Bus Passes
Total County
Payment to
TRAFFIX for
each CSA T-1
Bus for FY
16-17
Base
Rate
Number of
Instructional
Days
Number
of Bus
Passes
Sold
Price
per Bus
Pass
$451.81 180 $6,695.45 56 $225.00 $75,421.25
A 2nd Amendment to the Agreement (2nd Amendment) (Exhibit B) was developed that will amend the Agreement to
include overhead costs into the calculation of the amount that the County will pay TRAFFIX annually for each CSA
T-1 bus.
Invoicing from TRAFFIX to the County
The 2nd Amendment will change the submittal date of one of the two regular annual invoices to the County from July
1 st to September 1st so that TRAFFIX can submit reconciled budget data from the previous fiscal year, which
TRAFFIX uses in its calculation of its annual invoice amount. In addition, the 2nd Amendment will include language
for TRAFFIX to submit one additional invoice on July 1, 2017 for the following:
· overhead costs for the 1 st CSA T-1 bus from July 1, 2016 through June 30, 2017,
· overhead costs for the 2 nd CSA T-1 bus from its inception on February 21, 2017 through June 30, 2017, and
· operational costs for the 2nd CSA T-1 bus from its inception on February 21, 2017 through June 30, 2017.
The TRAFFIX Board of Directors approved the 2nd Amendment to the Agreement at its May 31, 2017 Board of
Directors meeting.
CONSEQUENCE OF NEGATIVE ACTION: Without Board of Supervisors’ approval, this second amendment to the
Agreement will not be executed.
ATTACHMENTS CSA T-1 2nd Amendment to the Agreement
August 1, 2017 Contra Costa County Board of Supervisors Minutes 298
August 1, 2017 Contra Costa County Board of Supervisors Minutes 299
August 1, 2017 Contra Costa County Board of Supervisors Minutes 300
August 1, 2017 Contra Costa County Board of Supervisors Minutes 301
August 1, 2017 Contra Costa County Board of Supervisors Minutes 302
August 1, 2017 Contra Costa County Board of Supervisors Minutes 303
August 1, 2017 Contra Costa County Board of Supervisors Minutes 304
August 1, 2017 Contra Costa County Board of Supervisors Minutes 305
August 1, 2017 Contra Costa County Board of Supervisors Minutes 306
August 1, 2017 Contra Costa County Board of Supervisors Minutes 307
August 1, 2017 Contra Costa County Board of Supervisors Minutes 308
August 1, 2017 Contra Costa County Board of Supervisors Minutes 309
August 1, 2017 Contra Costa County Board of Supervisors Minutes 310
August 1, 2017 Contra Costa County Board of Supervisors Minutes 311
August 1, 2017 Contra Costa County Board of Supervisors Minutes 312
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental
agreement with Dianne Cole for a T-hangar at Buchanan Field Airport effective July 15, 2017 in the monthly amount
of $394.10, Pacheco area.
FISCAL IMPACT:
The Airport Enterprise Fund will realize $4,729.20 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 September 1, 2000, the County obtained ownership of the aircraft hangars and shelters, pursuant to the terms of
the above lease.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 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:Keith Freitas, Airports Director
Date:August 1, 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 313
BACKGROUND: (CONT'D)
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.
CONSEQUENCE OF NEGATIVE ACTION:
A negative action will cause a loss of revenue to the Airport Enterprise Fund.
ATTACHMENTS
Hangar Agmt - Dianne Cole
August 1, 2017 Contra Costa County Board of Supervisors Minutes 314
August 1, 2017 Contra Costa County Board of Supervisors Minutes 315
August 1, 2017 Contra Costa County Board of Supervisors Minutes 316
RECOMMENDATION(S):
ADOPT Resolution No. 2017/278 vacating a portion of a Grant of Easement (Easement) in Drainage Area 128,
pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, under Section 8335. A description of the
area to be vacated is attached to the Resolution by reference located in Concord area. (Project No.: WL083A –
EF1700614)(CP#17-21);
DETERMINE that this activity is not subject to the California Environmental Quality Act (CEQA) pursuant to
Article 5, Section 15061 (b)(3) of the CEQA guidelines.
DIRECT the Director of the Department of Conservation and Development (DCD) to file a Notice of Exemption with
the County Clerk, and
DIRECT the Public Works Director, or designee, to arrange for payment of the $50 fee to the County Clerk for filing
the Notice of Exemption, and a $25 fee to the DCD for processing of the Notice of Exemption.
AUTHORIZE the Chair of the Board to execute a Quitclaim Deed on behalf of Contra Costa County (County) and
DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed to be
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Jewel Lopez, 925.
313-2191
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jim Stein, Surveys, Karen Piona, Records, Wiley Osborn, Information Technology, Ed Turner, Flood Control, Mario Consolacion, Flood Control
C. 15
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Adopt Resolution 2017/278 to vacate & quitclaim a portion of Grant of Easement, and take related actions under
CEQA, Drainage Area 128, Concord area.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 317
RECOMMENDATION(S): (CONT'D)
delivered to the grantee for recording in the office of the County Clerk-Recorder.
DIRECT the Real Estate Division of the Public Works Department to record a certified copy of this Board Order
and Resolution in the office of the County Clerk-Recorder.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The County accepted a Grant of Easement for Drainage Area 128 identified as Parcel 15.01, in the document
recorded on June 18, 1974, in Book 7252, Page 103 of Contra Costa County Official Records, within a portion of
Assessor’s Parcel Number 147-350-003. Currently, the property owner has development plans for this parcel and
will construct a C.3 basin along the south side of the existing trapezoidal flood control channel of Drainage Area
128, which requires a partial vacation of the Easement. The County has determined that a 10-foot strip of the
Easement is no longer needed. Therefore, the County intends to vacate and quitclaim any and all rights, title,
interest, obligation, and responsibility of that portion of the Easement.
CONSEQUENCE OF NEGATIVE ACTION:
The property owner will be unable to construct the necessary C.3 basin to support the development of the eight (8)
lot Subdivision 9392.
AGENDA ATTACHMENTS
Resolution No. 2017/278
Quitclaim Deed
CEQA CP17-21
Exhibit A
Exhibit B
MINUTES ATTACHMENTS
Signed: Resolution No. 2017/278
Signed: Quitclaim Deed
August 1, 2017 Contra Costa County Board of Supervisors Minutes 318
Recorded at the request of:Jewel Lopez, Real Estate - 925-313-2191
Return To:Alex Lopez, Real Estate 925. 313-2220
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 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. 2017/278
IN THE MATTER OF Adopting Resolution No. 2017/278 to vacate a portion of a Grant of Easement in Drainage Area 128, and
take related actions under the California Environmental Quality Act, as recommended by the Public Works Director, Concord
Area, District IV.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
WHEREAS, in June 1974, Contra Costa County (County) accepted a Grant of Easement (Easement) encumbering Assessor’s
Parcel Number (APN) 147-350-003, Concord area.
WHEREAS, the current owner of APN 147-350-003 has requested the County vacate a portion of the Easement. The affected
portion of the Easement is more particularly described in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part
hereof.
WHEREAS, there is no possibility that vacating a portion of the Easement may have a significant adverse effect on the
environment.
WHEREAS, this activity has been found to conform to the General Plan of the City of Concord.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors, as the Governing Board of Contra Costa County that:
This Board hereby FINDS that this portion of Easemen-t is unnecessary for present or prospective public use.
The Board FINDS that vacating a portion of the Easement does not have a significant effect on the environment and is exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 5, section 15061 (b)(3).
The Easement described and depicted in Exhibit “A” and “B” are hereby VACATED pursuant to Division 9, Part 3, Chapter 4 of
the Streets and Highways Code, under Section 8335.
The Board DIRECTS the Real Estate Division of the Public Works Department to cause a certified copy of this Resolution to be
recorded in the office of the County Clerk-Recorder.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 319
From and after the date of this Resolution is recorded, that certain portion of the Easement described and depicted in Exhibit “A”
and “B” is HEREBY ORDERED VACATED.
Contact: Jewel Lopez, 925. 313-2191
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jim Stein, Surveys, Karen Piona, Records, Wiley Osborn, Information Technology, Ed Turner, Flood Control, Mario Consolacion, Flood Control
August 1, 2017 Contra Costa County Board of Supervisors Minutes 320
August 1, 2017 Contra Costa County Board of Supervisors Minutes 321
August 1, 2017 Contra Costa County Board of Supervisors Minutes 322
August 1, 2017 Contra Costa County Board of Supervisors Minutes 323
August 1, 2017 Contra Costa County Board of Supervisors Minutes 324
August 1, 2017 Contra Costa County Board of Supervisors Minutes 325
August 1, 2017 Contra Costa County Board of Supervisors Minutes 326
August 1, 2017 Contra Costa County Board of Supervisors Minutes 327
August 1, 2017 Contra Costa County Board of Supervisors Minutes 328
August 1, 2017 Contra Costa County Board of Supervisors Minutes 329
August 1, 2017 Contra Costa County Board of Supervisors Minutes 330
August 1, 2017 Contra Costa County Board of Supervisors Minutes 331
August 1, 2017 Contra Costa County Board of Supervisors Minutes 332
August 1, 2017 Contra Costa County Board of Supervisors Minutes 333
August 1, 2017 Contra Costa County Board of Supervisors Minutes 334
August 1, 2017 Contra Costa County Board of Supervisors Minutes 335
August 1, 2017 Contra Costa County Board of Supervisors Minutes 336
August 1, 2017 Contra Costa County Board of Supervisors Minutes 337
RECOMMENDATION(S):
RECEIVE this report concerning the final settlement of John Higgins and AUTHORIZE payment from the Workers'
Compensation Internal Service Fund in an amount not to exceed $202,435.64, less permanent disability advances.
FISCAL IMPACT:
Workers' Compensation Internal Service Fund payment of $202,435.64, less permanent disability advances.
BACKGROUND:
Attorney Mark A. Cartier, defense counsel for the County, has advised the County Administrator that within
authorization an agreement has been reached settling the workers' compensation claim of John Higgins v. Contra
Costa County. The Board's July 11, 2017 closed session vote was: Supervisors Gioia, Andersen, Burgis, Mitchoff
and Glover - Yes. This action is taken so that the terms of this final settlement and the earlier July 11, 2017 closed
session vote of this Board authorizing its negotiated settlement are known publicly.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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 Hymes-Offord
925 335-1450
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 16
To:Board of Supervisors
From:Sharon Offord Hymes, Risk Manager
Date:August 1, 2017
Contra
Costa
County
Subject:Final Settlement of Claim, John Higgins vs. Contra Costa County
August 1, 2017 Contra Costa County Board of Supervisors Minutes 338
CONSEQUENCE OF NEGATIVE ACTION:
Case will not be settled.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 339
RECOMMENDATION(S):
DENY claims filed by Doris Calhoun, Kathie Doyle, The Keys Condominium Owners Association, LDI Trucking,
Inc., Tuyen Nguyen, Gulshan Noman, Masood Noman, State Farm Ins., a subrogee of Sean Gabriel Fox, Rita Marie
Willis, and John Woolery; and DENY late claim filed by Judith Gailliard.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Doris Calhoun: Personal injury claim for fall in the amount of $250,000.
Kathie Doyle: Property claim for damage to front yard in the amount of $3,580.
The Keys Condominium Owners Association: Property claim for damage to fence in the amount of $1,749.42
LDI Trucking, Inc.: Property claim for damage to vehicle in the amount of $1,551.67
Tuyen Nguyen: Property claim for damage to vehicle in the amount of $6,500.
Gulshan Noman: Personal injury claim from car accident in an amount to exceed $25,000.
Masood Norman: Personal injury claim from car accident in an amount to
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Scott Selby 925.335.1400
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 17
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Claims
August 1, 2017 Contra Costa County Board of Supervisors Minutes 340
BACKGROUND: (CONT'D)
exceed $25,000.
State Farm Insurance a subrogee of Sean Gabriel Fox: Property claim for damage to vehicle in the amount of
$1,333.07
Rita Marie Willis: Personal injury claim from car accident in an amount not listed
John Woolery: Personal injury claim for alleged misconduct in an amount to be determined
Judith Galliard: Request that Board of Supervisors accept a late claim
August 1, 2017 Contra Costa County Board of Supervisors Minutes 341
RECOMMENDATION(S):
APPROVE Board meeting minutes for June 2017, as on file with the Office of the Clerk of the Board.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Government Code Section 25101(b) requires the Clerk of the Board to keep and enter in the minute book of the
Board a full and complete record of the proceedings of the Board at all regular and special meetings, including the
entry in full of all resolutions and of all decisions on questions concerning the allowance of accounts. The vote of
each member on every question shall be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 18
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:APPROVE the Board meeting minutes for June 2017
August 1, 2017 Contra Costa County Board of Supervisors Minutes 342
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Lauri Byers, (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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 19
To:Board of Supervisors
From:Candace Andersen, District II Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:Resolution honoring the 57th Annual Contra Costa Championship Swim Meet.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 343
AGENDA ATTACHMENTS
Resolution No. 2017/266
MINUTES ATTACHMENTS
Signed Resolution No.
2017/266
August 1, 2017 Contra Costa County Board of Supervisors Minutes 344
In the matter of:Resolution No. 2017/266
recognizing the 57th annual Contra Costa Championship swim meet.
Whereas, on August 11, 12 and 13, 2017, Contra Costa County will hold its annual Championship Swim
Meet at the Steve Heaston Aquatic Center at Acalanes High School in Lafayette; and
Whereas, the County meet brings together all the top swimmers from the County’s recreational Swim Clubs;
and
Whereas, each swimmer must beat a challenging time to qualify to swim in an individual event, it is an honor
for swimmers to become eligible to swim in this meet; and
Whereas, this County-wide event is sponsored by and run by the Lafayette Moraga Youth Association, a not
for profit community sports organization, and the proceeds support the Lafayette Moraga Youth
Association Dolphins Swim Team; and
Whereas, each year this championship meet brings together all the top swimmers from the County’s
recreational swim clubs; and
Whereas, this championship has become the premiere recreation swim meet in Contra Costa County.
Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County is proud to recognize and congratulate all
of the swimmers and volunteers who make the 57th Annual Contra Costa County Swim Meet a success. Congratulations
Swimmers.
___________________
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: August 1, 2017
David J. Twa,
By: ____________________________________, Deputy
August 1, 2017 Contra Costa County Board of Supervisors Minutes 345
C.19
August 1, 2017 Contra Costa County Board of Supervisors Minutes 346
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Lia Bristol, (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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 20
To:Board of Supervisors
From:Karen Mitchoff, District IV Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:Honoring Sunvalley Shopping Center on their 50th Anniversary
August 1, 2017 Contra Costa County Board of Supervisors Minutes 347
AGENDA ATTACHMENTS
Resolution No. 2017/282
MINUTES ATTACHMENTS
Signed Resolution No.
2017/282
August 1, 2017 Contra Costa County Board of Supervisors Minutes 348
In the matter of:Resolution No. 2017/282
Honoring Sunvalley Shopping Center on their 50th Anniversary
Whereas, Sunvalley Shopping Center celebrates 50 Years this August 2017; and
Whereas, Sunvalley Shopping Center officially opened their doors on August 3, 1967; and
Whereas, they were then touted as the "World's Largest Air-conditioned shopping center"; and
Whereas, there are many stores still here today since their opening, including Sears, Macy's and JCPenny;
and
Whereas, today Sunvalley is regarded as one of the East Bay's regional shopping center destinations; and
Whereas, there are over 150 specialty stores, restaurants and unique amenities like 7,500 free parking
spaces, complimentary WiFi, Currency Exchange services at Customer Service; and
Whereas, there is a full service health club, gift wrap and a Passport to Shopping coupon booklet for
travelers; and
Whereas, Sunvalley Shopping Center continues to be a gathering place for the community; and
Whereas, they host Summer Fun Thursday events for children, including programs such as Animals of the
Oakland Zoo and Storytelling with the Contra Costa County Library; and
Whereas, Sunvalley Shopping Center participates in Sunvalley Gives Back to Schools, where every dollar
spent is a point earned for your school of choice; and
Whereas, Sunvalley Shopping Center and Macy's will donate to the top two schools that receive the most
points; and
Whereas, Sunvalley Shopping Center has become a gathering place for our community.
___________________
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: August 1, 2017
David J. Twa,
By: ____________________________________, Deputy
August 1, 2017 Contra Costa County Board of Supervisors Minutes 349
C.20
August 1, 2017 Contra Costa County Board of Supervisors Minutes 350
RECOMMENDATION(S):
INTRODUCE Ordinance No. 2017-18, amending Section 52-3.301 of the County Ordinance Code to provide for a
time period within which a cardroom licensee must provide notice to the County of any changes to its cardroom
license, WAIVE reading, and FIX August 8, 2017 for adoption.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The existing County Ordinance Code providing for the regulation of gambling establishments within the
unincorporated area does not contemplate a process for business continuity following certain events such as change
in ownership or other unforeseen events (such as the death of the current licensee). The proposed Ordinance being
introduced today includes a process to ensure that business operations are not negatively impacted following the
events described above while preserving the County's regulatory and enforcement duties.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: David Livingston, Sheriff-Coroner
C. 21
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:INTRODUCTION OF ORDINANCE CLARIFYING NOTIFICATION PROCEDURES FOLLOWING CERTAIN
EVENTS RELATED TO CARDROOM LICENSEES
August 1, 2017 Contra Costa County Board of Supervisors Minutes 351
BACKGROUND: (CONT'D)
>
Specifically, the Ordinance establishes a process whereby the Sheriff's Office, as the department responsible for
licensing gambling establishments locally, is to be notified of the event within ten (10) days of the event
occurrence and identify the appropriate party that should obtain a license. The successor party is required to obtain
a license within thirty (30) days of the event occurrence.
CONSEQUENCE OF NEGATIVE ACTION:
The Ordinance will not be formally introduced to the Board of Supervisors and cannot be adopted as scheduled
on August 8, 2017.
ATTACHMENTS
Ordinance No. 2017-18 "Notice for Changes in Cardroom License" - Redline
Ordinance No. 2017-18 "Notice for Changes in Cardroom License" - Clean
August 1, 2017 Contra Costa County Board of Supervisors Minutes 352
August 1, 2017 Contra Costa County Board of Supervisors Minutes 353
August 1, 2017 Contra Costa County Board of Supervisors Minutes 354
August 1, 2017 Contra Costa County Board of Supervisors Minutes 355
August 1, 2017 Contra Costa County Board of Supervisors Minutes 356
RECOMMENDATION(S):
ADOPT Ordinance Code 2017-19 amending the County Ordinance Code to exclude from the merit system the new
classification of Economic Development Manager-Exempt.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
The cost of staffing and supporting dedicated economic development staff is estimated at $500,000 for the first year,
including the cost of salary and benefits for a full-time Economic Development Manager and a full-time Planner II or
Planner III, the cost of providing part-time clerical, Geographic Information System (GIS) and accounting support,
and limited expenses for special projects such as initiating preparation of an Economic Development Strategy for the
County. The Board approved a $500,000 allocation to the Department of Conservation and Development (DCD) for
this purpose as part of the County's FY2017/18.
This action amends County Ordinance Code 2017-19 to exclude from the merit system the new classification of
Economic Development
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Dianne Dinsmore (925)
335-1766
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Gladys Scott Reid
C. 22
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:August 1, 2017
Contra
Costa
County
Subject:ADOPT Ordinance Code 2017-19 amending the County Ordinance Code to exclude from the Merit System the
classification of Economic Development Manager-Ex
August 1, 2017 Contra Costa County Board of Supervisors Minutes 357
BACKGROUND: (CONT'D)
Manager-Exempt.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the County will not have the required classification designation to lead the
County-wide Economic Development Strategic Plan and Programs.
AGENDA ATTACHMENTS
Amendment to Ordinance 2017-19
MINUTES ATTACHMENTS
Signed Amendment to Ordinance No. 2017-19
August 1, 2017 Contra Costa County Board of Supervisors Minutes 358
August 1, 2017 Contra Costa County Board of Supervisors Minutes 359
August 1, 2017 Contra Costa County Board of Supervisors Minutes 360
August 1, 2017 Contra Costa County Board of Supervisors Minutes 361
August 1, 2017 Contra Costa County Board of Supervisors Minutes 362
RECOMMENDATION(S):
1. FIND that the adoption of the Solid Waste Collection and Transportation Ordinance (Ordinance No. 2017-16) and
related actions to adopt permit fees and a performance bond amount are exempt from environmental review under
Sections 15061(b)(3) and 15273(a)(1) of the California Environmental Quality Act (CEQA).
2. ADOPT Ordinance No. 2017-16, which would establish a permit program for specified non-franchised solid waste
haulers.
FISCAL IMPACT:
The Environmental Health Division of Contra Costa County's Health Services Department financed with fee revenue.
Contra Costa Environmental Health’s (CCEH) Solid Waste program has a staff of five field inspectors, one clerical
worker, and one supervisor supported by the current fee structure. The Division will need to identify and address
staffing needs associated with this new ordinance but will be able to commence implementation of the proposed
ordinance with its current staff.
As with CCEH’s other regulatory programs, permit fees will be proposed to provide funding to support
implementation and enforcement. Therefore, adoption of this Ordinance is not expected to impact the General Fund.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Julie DiMaggio Enea
(925) 335-1077
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: August 1, 2017
, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 23
To:Board of Supervisors
From:William Walker, M.D., Health Services Director, John Kopchik, Conservation & Development
Director
Date:August 1, 2017
Contra
Costa
County
Subject:ADOPT ORDINANCE TO ESTABLISH A PERMIT PROGRAM FOR SPECIFIED NON-FRANCHISED SOLID WASTE
HAULERS
August 1, 2017 Contra Costa County Board of Supervisors Minutes 363
BACKGROUND:
On July 11, 2018, the Board of Supervisors introduced Ordinance 2017-16, which would establish a permit
program for specified non-franchised solid waste haulers. Illegal dumping is a countywide problem and the
proposed ordinance is meant to help curtail the practice of illegal dumping. CCEH has investigated numerous
complaints of illegal dumping. In some instances, unregulated haulers that were hired by private parties to remove
refuse, dumped the collected material along roadways or on vacant lots. CCEH has also identified more than 41
illegal solid waste transfer stations, located in both incorporated and unincorporated Contra Costa County, that
work directly with unregulated haulers. Unregulated solid waste haulers often go undetected because they dump
their collected waste at illegal transfer stations and other unapproved sites.
The illegal transfer stations have not undergone the required environmental review or permitting processes, and
pose significant threats to public health and the environment. For example, these operations will sort through
mixed loads of waste material, remove the valuable material for recycling, and abandon the remainder, dumping it
on roadsides, burning it, burying it, or pushing it into creeks. There are safety issues as well, as the Sheriff’s
Department has found unregulated haulers transporting poorly-secured loads on County roads.
Significant public resources are expended dealing with both illegal dumping and illegal solid waste operations.
Working in cooperation with the District Attorney's Office and other agencies, CCEH has shut down 32 illegal
transfer station operations since early 2015. CCEH also anticipates shutting additional stations down in the future.
However, lack of regulation makes it very difficult to effectively target the solid waste haulers who are
contributing to this problem. The proposed ordinance will help to combat the problem by requiring solid waste
haulers to obtain and maintain a solid waste collection and transportation permit and transport collected waste
only to lawfully operated solid waste or recycling facilities.
Ordinance Content
The primary hauling activities expected to be regulated under proposed Ordinance No. 2017-16 are junk removal
and collection of construction and demolition debris. The ordinance contains operational and permit requirements,
including the need to obtain a solid waste collection and transportation permit. Hauler vehicles would be inspected
to ensure that certain minimum standards are met. A hauler vehicle would have to be clearly marked with the
name and phone number of the hauling business, kept in a clean and sanitary condition and be able to safely
contain the waste materials during transport. A hauling business would need to keep track of the location where
materials are collected, amounts and types of waste collected, and the ultimate location of disposal or recycling.
The data would be forwarded to CCEH on a quarterly basis and shared with other agencies upon request (e.g.
waste authorities). An approved hauling vehicle would have a visible permit decal affixed to the rear of the
vehicle, similar to other types of vehicles regulated by CCEH, to facilitate enforcement. Ordinance No. 2017-16
also contains language specifically intended to help avoid issuance of permits that would conflict with exclusive
hauling rights granted by franchising agencies in agreements governing waste collection services in the
unincorporated areas.
Requirements that already exist in State law were not duplicated in the proposed ordinance. For example, State
regulations require that debris boxes be marked with the name and phone number of the hauling company. CCEH,
in its capacity as the local enforcement agency (LEA) for solid waste, can enforce the State standard throughout
the entire county, except for the City of Pittsburg, which is its own LEA. CCEH has previously informed franchise
haulers that they can refer issues related to these State standards to the LEA for investigation. Though the State
regulations specify certain minimal requirements associated with hauling, such as bin marking, they do not
contain a requirement for hauler permits.
Ordinance Implementation
CCEH is developing certain documents and procedures associated with the implementation of the ordinance in
cooperation with DCD. The documents include an application form, inspection form, informational brochure
targeted at haulers and other interested parties, and a waste reporting template.
Permit Applications: CCEH and DCD are working together to develop application forms to help ensure that
August 1, 2017 Contra Costa County Board of Supervisors Minutes 364
applicants are required to provide the type of information needed to make determinations regarding potential
conflicts with the County’s Franchises. The complexity of the pertinent Franchise related variables necessitate that
permit applicants provide a significant level of detail about the hauling services for which they are seeking a
permit, including:
Clearly identified service area boundaries defining the extent of geographic territory they plan to serve,
Type of waste generator (customer) they plan to collect from (e.g. residential, commercial, light industrial,
heavy industrial, or governmental),
Types of waste they plan to collect from each type of generator served (waste type classifications to be
listed on the application will primarily be driven by language defining the scope of exclusivity in the
franchise agreements governing collection services in the proposed service area.
Types of waste that are to be removed as an incidental included service, such as on-site clean-up services
(which may involve removal of any and all types of solid waste), separately from those types which are not,
to ensure clear delineation of any waste types they would offer to collect if placed out for pick-up by
customers, as these circumstances are more likely to result in franchise-related conflicts.
Franchise Agency Referral Process: This coordination with County and Non-County Franchise Agencies is
intended to help CCEH avoid issuing permits for hauling activities that would conflict with the respective
franchise(s) in effect at the time. Currently, there is no readily accessible comprehensive map delineating the
exact boundaries of each of the nine unincorporated franchise service areas. Of these nine franchise service areas,
four are County Franchises and the remaining five are Non-County Franchises. Franchise Agencies are the most
qualified authorities to make determinations as to whether or not locations fall within their respective franchise
service areas. DCD will act as the Franchise Agency for referrals pertaining to the four County Franchises for the
purpose of reviewing Hauler Permit Application referrals in order to provide CCEH with determination about any
applicable conflicts with County Franchises, which collectively govern services for roughly 53% of the
unincorporated population. Non-County Franchises are administered by the following five local public agencies,
which collectively govern services provided to approximately 47% of the total unincorporated population:
Central Contra Costa Solid Waste Authority/RecycleSmart – Joint Powers Authority responsible for waste
and recycling programs for Alamo, Blackhawk, Contra Costa Centre, Diablo, Tassajara and unincorporated
areas in the vicinity of Danville, Lafayette, Moraga, Orinda and Walnut Creek.
1.
Byron Sanitary District – Special District solely responsible for a portion of Byron2.
Kensington Police Protection and Community Services District – Special District solely responsible for
collection services in Kensington
3.
Mt. View Sanitary District – Special District responsible for unincorporated Martinez, including some land
near Pacheco Blvd. and Arnold Dr.
4.
Rodeo Sanitary District – Special District solely responsible for collection services in Rodeo5.
Under the proposed ordinance, upon receipt of a new application, CCEH will refer a copy of the application
package to the six Franchising Agencies and request they provide a determination about any proposed hauling
services that conflict with their franchise agreements or any hauling ordinances. If no response is received after a
30-day review period, CCEH will proceed with the permitting under the presumption that it would not violate
non-responsive agencies’ franchise agreements. Permits will not be issued for any hauling services described on
the application which franchise agency(ies) determine would potentially conflict with one or more local franchise
agreements or hauling ordinances.
Preparing for and Tracking Implementation: Once implemented, CCEH will keep track of those haulers that
obtain permits, those found operating without permits, and the relationship between the haulers and illegal transfer
stations. At a later date, CCEH will provide a report to the Board about the successes and/or deficiencies that are
identified. The ordinance will take effect 30 days after it is adopted. However, permits will not be required until
January 1, 2018. Actions that staff proposes to take prior to the permit requirement taking effect on January 1,
2018, would include:
Finalizing permitting forms and associated documentation, such as instructions for haulers and agency
August 1, 2017 Contra Costa County Board of Supervisors Minutes 365
coordination notices,
Developing written procedures for the processing of the application,
Modifying electronic tracking software to include new hauler permit program, which will among other
things trigger follow-up action when 30 days has elapsed, and
Conducting outreach to raise awareness about the new permit requirement, so that companies/persons
known to haul waste receive written notice and can take steps required to ensure their operation is
compliant.
Permits will be valid for one calendar year.
CCEH will also return to the Board with recommendations for the type and amount of the performance bond or
equivalent security that will be required under Ordinance No. 2017-16, and fees to pay the costs of issuance of
permits, inspections and enforcement activities associated with the program.
California Environmental Quality Act (CEQA)
For the purposes of compliance with CEQA, the project consists of the Ordinance as well as the establishment of
the related performance bond and permit fee amounts. Based on the record before the County, DCD has
determined that the whole of this project is exempt from CEQA pursuant to Section 15061(b)(3) and Section
15273(a)(1) of the CEQA guidelines. Section 15273(a)(1) specifies that fees established by public agencies to
meet operating expenses are exempt. Section 15061(b)(3) provides that an activity is exempt if there is no
possibility that the activity in question may have a significant effect on the environment. The Notice of
Exemption (NOE) shall not be filed until after the County approves the project, therefore the Board is expected to
direct DCD to file the NOE if and when it adopts the resolutions establishing bond and fee amounts at a future
meeting.
Enforceability
There are a number of issues related to enforceability of proposed Ordinance No. 2017-16.
Complex Hauling Permit Parameters Due to Franchises: Implementing a waste hauler permit system in a County
where waste collection is already governed by multiple different local agencies pursuant to separate franchise
agreements that grant varying degrees of exclusivity poses complex enforceability challenges. These variables do
not allow for permitting uniformity and pose enforcement challenges.
To avoid conflicts with franchise agreements, permits will authorize hauling only certain specified waste types
from customers located within a defined permit-specific territory, which may be further limited by customer type
(e.g. only residences).
Investigations Required to Make Hauling Activity Compliance Determinations: Readily visible permit decals
would make it relatively easy to spot a permitted hauling vehicle. It may be more challenging, however, to
determine if such a vehicle is hauling the types of waste authorized to be hauled, in the permitted service area.
Additionally, there are a number of exemptions under the proposed ordinance, so further investigation might be
needed to determine if a hauling vehicle that does not display a permit decal is evidence of a violation of the
permit requirement, or is instead being driven by a person exempt from that requirement. Ultimately, enforcement
of the proposed ordinance will likely be driven by complaints.
Other Local Ordinances Governing Waste Hauling: Waste hauling ordinances adopted by non-County franchise
agencies may also impact enforcement of proposed Ordinance No. 2017-16. Other local agency ordinances
reviewed by CCEH staff to date do not appear to conflict with the proposed ordinance, but new ordinances could
be adopted in the future that may pose challenges. An ordinance adopted by the Central Contra Costa Solid Waste
Authority (CCCSWA) established its existing permit system applicable to construction and demolition (C&D)
debris transporters operating within the CCCSWA’s territory, which includes some pockets of the unincorporated
area. Staff is not aware of any other hauler permit systems being implemented in the unincorporated areas.
CLERK'S ADDENDUM
CONTINUED to August 15, 2017.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 366
ATTACHMENTS
Ordinance 2017-16 Solid Waste Hauler Permitting Program
August 1, 2017 Contra Costa County Board of Supervisors Minutes 367
August 1, 2017 Contra Costa County Board of Supervisors Minutes 368
August 1, 2017 Contra Costa County Board of Supervisors Minutes 369
August 1, 2017 Contra Costa County Board of Supervisors Minutes 370
August 1, 2017 Contra Costa County Board of Supervisors Minutes 371
August 1, 2017 Contra Costa County Board of Supervisors Minutes 372
RECOMMENDATION(S):
1. ACKNOWLEDGE that the Board of Supervisors adopted a policy on Board Member Committee Assignments on
March 21, 2000.
2. ACKNOWLEDGE that adoption of a new Master Resolution with a complete roster of all appointments is required
by Board policy whenever terms expire or new appointments are made.
3. APPOINT Supervisor Federal D. Glover as the Board of Supervisors representative, and Supervisor John Gioia as
the Board's alternate representative, to the Marin Energy Authority (MCE) Board of Directors for an initial term
ending on December 31, 2019.
4. Thereafter, FIX the term for Board of Supervisors appointments to the MCE Board as two years, expiring on
December 31 of each odd numbered year.
5. ADOPT Resolution No. 2017/225 appointing Board members and other individuals to serve on Board committees,
special county committees, and regional boards/ committees/ commissions for 2017, some of which include
additional compensation in the form of stipend.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Julie DiMaggio Enea
925.335.1077
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 24
To:Board of Supervisors
From:Federal D. Glover, District V Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:BOARD OF SUPERVISORS APPOINTMENTS TO THE MARIN ENERGY AUTHORITY (MCE) BOARD OF
DIRECTORS
August 1, 2017 Contra Costa County Board of Supervisors Minutes 373
RECOMMENDATION(S): (CONT'D)
>
6. INDICATE that this Resolution No. 2017/225 supersedes in its entirety Resolution No. 2017/1, which was
adopted by the Board of Supervisors on January 10, 2017.
7. RESOLVE that Board Members as named are APPOINTED to serve on Board committees, special county
committees and regional boards/ committees/ commissions as specified on Attachment II to Resolution No.
2017/225 as Internal Standing Committees (Type I), Other Internal Committees, (Type II), Regional Bodies (Type
III), Special/Restricted Seats (Type IV), and Ad Hoc Committees (Type V).
8. DIRECT staff to update, if necessary, the County website a single Fair Political Practices Commission (FPPC)
Form 806, which lists all the paid appointed positions on committees, boards, or commissions for members of the
Board of Supervisors.
FISCAL IMPACT:
There is no fiscal impact to the County from this action.
BACKGROUND:
On June 6, 2017, the Board of Supervisors adopted an ordinance and resolution to join the Marin Energy
Authority's (MCE) community choice energy/aggregation program (CCE). CCE involves cities, counties, or a
joint powers authority composed of cities and/or counties, pooling ("aggregating") retail electricity customers for
the purpose of procuring and selling electricity. MCE's formation document specifies that the Authority shall be
governed by a Board of Directors composed of one representative of each of the member agencies. The governing
body of each member agency will appoint from its governing body one Director and, also, one alternate who may
vote on all matters when the regular Director is absent for a Board meeting. The County's Director and Alternate
Director will serve at the pleasure of the Board of Supervisors.
The MCE formation document sets no seat terms for MCE board members. The County's appointments and their
duration are completely within the discretion of the Board of Supervisors. These appointments should probably
not be for an indefinite period. However, similar to membership on the Retirement Board, the learning curve is
such that making these appointments subject to annual reassignment might be disruptive. Therefore, I recommend
that the MCE appointments be reviewed during the Board of Supervisors' reorganization on every even-numbered
year; so to begin, the initial appointments would expire on December 31, 2019 and the first review for possible
reassignment would occur in January 2020, and then in 2022, 2024, etc.
Note that a Director may be removed by the MCE Board for cause:
Unexcused absences from three consecutive Board meetings.
Unauthorized disclosure of confidential information or documents from a closed session or the
unauthorized disclosure of information or documents provided to the Director on a confidential basis and
whose public disclosure may be harmful to the interests of the Authority.
Written notice will be provided to the Director proposed for removal and the governing body that appointed such
Director at least thirty days prior to the meeting at which the proposed removal will be considered by the MCE
Board. The notice will state the grounds for removal, a brief summary of the supporting facts, and the date of the
scheduled hearing on the removal. The Director proposed for removal will be given an opportunity to be heard at
the removal hearing and to submit any supporting oral or written evidence. A Director will not be removed for
cause from the Board unless two-thirds of all Directors (excluding the Director subject to removal) vote in favor
of the removal.
A vacancy in either of the County's seats must be filled within 90 days.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 374
FPPC Form 806
In April 2012, the Fair Political Practices Commission (FPPC) adopted Regulation § 18705.5, which permits a
Supervisor to vote on his/her own appointment to a body or board paying a salary or stipend for service if all of
the following conditions are met:
1. the appointment is to a committee, board, or commission of a public agency, a special district, a joint
powers agency or authority, or a metropolitan planning organization; and
2. State law, a local ordinance, or a joint powers agreement requires the Board to appoint; and
3. the Board adopts and posts on its website, a list of each appointed position for which compensation is
paid, the salary or stipend for the position, the name of the appointee, the name of the alternate, if any, and
the term of the appointment.
Form 806 is used to report additional compensation that officials receive when appointing themselves to positions
on committees, boards, or commissions of a public agency, special district, and joint powers agency or authority.
Each agency must post on its website a single Form 806, listing all of the paid appointed positions. When there is
a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be
updated promptly as changes occur.
Staff of the County Administrator's Office has prepared the Form 806 and has posted it to the County's website.
Staff will update the form, if necessary, after the Board of Supervisors acts to adopt the revised Master List of
Board Member Committee Assignments for 2017.
CONSEQUENCE OF NEGATIVE ACTION:
Unless the Board of Supervisors acts to appoint members to the MCE Board, the County's interests will not be
represented during MCE Board meetings.
AGENDA ATTACHMENTS
Resolution No. 2017/225
Attachment I to Resolution No. 2017/225: BOS Committee Assignments for 2017
MINUTES ATTACHMENTS
Signed: Resolution No. 2017/225
August 1, 2017 Contra Costa County Board of Supervisors Minutes 375
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/01/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/225
IN THE MATTER OF MAKING APPOINTMENTS TO THE MARIN ENERGY AUTHORITY BOARD OF
DIRECTORS AND UPDATING BOARD MEMBER ASSIGNMENTS TO 2017 BOARD COMMITTEES, SPECIAL
COUNTY COMMITTEES, AND REGIONAL ORGANIZATIONS
WHEREAS on June 6, 2017, the Board of Supervisors adopted an ordinance and resolution to join the Marin Energy Authority's
(MCE) community choice energy/aggregation program; and
WHEREAS, MCE requires each member agency to appoint from its governing body one Director and, also, one alternate who
may vote on all matters when the regular Director is absent for a Board meeting, and who both serve at the pleasure of the Board
of Supervisors; and
WHEREAS the County's appointments to MCE and their duration are completely within the discretion of the Board of
Supervisors; and
WHEREAS annual reassignment of the County's MCE seats might be disruptive, yet the appointments should not be for an
indefinite period; and
WHEREAS adoption of a new Master Resolution with a complete roster of all appointments is required by Board policy
whenever terms expire or new appointments are made; and
WHEREAS, after any new appointments or reappointments are made, when there is a change in compensation for any
appointment, or where there is a change in the number of meetings of the board or committee to which an appointment is made,
the Fair Political Practices Commission requires the County to update and post on the County’s website the County’s Report of
Public Official Appointments, Form 806;
NOW, THEREFORE, THE BOARD OF SUPERVISORS RESOLVES TO:
1. APPOINT Supervisor Federal D. Glover as the Board of Supervisors representative, and Supervisor John Gioia as the Board's
alternate representative, to the Marin Energy Authority (MCE) Board of Directors for an initial term ending on December 31,
2019.
2. Thereafter, FIX the term for Board of Supervisors appointments to the MCE Board as two years, expiring on December 31 of
each odd numbered year.
3. APPOINT the Board members and other individuals to serve on Board committees, special county committees and regional
boards / committees / commissions as specified in the Master List (see Attachment II) as Type I for Board Standing Committees,
Type II for Other Internal Committees, Type III for Regional Bodies, Type IV for Special/Restricted seats, and Type V for Board
Ad Hoc Committees.
4. INDICATE that this Resolution No. 2017/225 supersedes in its entirety Resolution No. 2017/1, which was adopted by the
Board of Supervisors on January 10, 2017.
5. UPDATE the County's Report of Public Official Appointments, Form 806, if necessary, to reflect the appointments on the
adopted Master List for 2017 and post it on the County's website.
5
August 1, 2017 Contra Costa County Board of Supervisors Minutes 376
adopted Master List for 2017 and post it on the County's website.
Contact: Julie DiMaggio Enea 925.335.1077
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
August 1, 2017 Contra Costa County Board of Supervisors Minutes 377
August 1, 2017 Contra Costa County Board of Supervisors Minutes 378
August 1, 2017 Contra Costa County Board of Supervisors Minutes 379
ATTACHMENT I TO RESOLUTION NO. 2017/225
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
UPDATED AUGUST 1, 2017
2017 New Term
Type*Committee Name Appointee Expiration Stipend Information
I Airport Committee, Chair Karen Mitchoff 12/31/2017 NO STIPEND
I Airport Committee, Vice Chair Diane Burgis 12/31/2017 NO STIPEND
I Family & Human Services Committee, Chair John Gioia 12/31/2017 NO STIPEND
I Family & Human Services Committee, Vice Chair Candace Andersen 12/31/2017 NO STIPEND
I Finance Committee, Chair Karen Mitchoff 12/31/2017 NO STIPEND
I Finance Committee, Vice Chair John Gioia 12/31/2017 NO STIPEND
I Hiring Outreach & Oversight Committee, Chair Federal D. Glover 12/31/2017 NO STIPEND
I Hiring Outreach & Oversight Committee, Vice-Chair Candace Andersen 12/31/2017 NO STIPEND
I Internal Operations Committee, Chair Candace Andersen 12/31/2017 NO STIPEND
I Internal Operations Committee, Vice Chair Diane Burgis 12/31/2017 NO STIPEND
I Legislation Committee, Chair Diane Burgis 12/31/2017 NO STIPEND
I Legislation Committee, Vice Chair Karen Mitchoff 12/31/2017 NO STIPEND
I Public Protection, Chair Federal D. Glover 12/31/2017 NO STIPEND
I Public Protection, Vice Chair John Gioia 12/31/2017 NO STIPEND
I Transportation, Water & Infrastructure Committee, Chair Diane Burgis 12/31/2017 NO STIPEND
I Transportation, Water & Infrastructure Committee, Vice Chair Karen Mitchoff 12/31/2017 NO STIPEND
Note: Type I: Internal Standing Committees; Type II: Internal appts;
Type III: Regional appts; Type IV: Special/Restricted appts;
Type V: ad hoc committees 1 of 24
*Or his designee
**Appointed by CCC Fire District BoardAugust 1, 2017 Contra Costa County Board of Supervisors Minutes 380
ATTACHMENT I TO RESOLUTION NO. 2017/225
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
UPDATED AUGUST 1, 2017
2017 New Term
Type*Committee Name Appointee Expiration Stipend Information
II Bay Area Counties Caucus Karen Mitchoff 12/31/2017 NO STIPEND
II Bay Area Counties Caucus, Alternate Candace Andersen 12/31/2017 NO STIPEND
II Bay Area Regional Interoperable Communications System (BayRICS) Authority Mike Casten 12/31/2017 NO STIPEND
II BayRICS Authority, Alternate Elise Warren 12/31/2017 NO STIPEND
II California Identification System Remote Access Network Board (Cal-ID RAN Board)Diane Burgis 12/31/2017 NO STIPEND
II Central Contra Costa Solid Waste Authority Candace Andersen 12/31/2017 STIPEND of $50/meeting; max of 2 paid/month
II Central Contra Costa Solid Waste Authority Karen Mitchoff 12/31/2017 STIPEND of $50/meeting; max of 2 paid/month
II City-County Relations Committee Federal D. Glover 12/31/2017 NO STIPEND
II City-County Relations Committee Diane Burgis 12/31/2017 NO STIPEND
II City-County Relations Committee, Alternate Karen Mitchoff 12/31/2017 NO STIPEND
II Contra Costa Family Justice Alliance Karen Mitchoff 12/31/2018 NO STIPEND
II Contra Costa Health Plan Joint Conference Committee Karen Mitchoff 12/31/2017 NO STIPEND
II Contra Costa Health Plan Joint Conference Committee Candace Andersen 12/31/2017 NO STIPEND
II Dougherty Valley Oversight Committee Diane Burgis 12/31/2017 NO STIPEND
II Dougherty Valley Oversight Committee Candace Andersen 12/31/2017 NO STIPEND
II East Bay Regional Communication System (EBRCS) Authority Governing Board Candace Andersen 12/31/2017 NO STIPEND
II East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate Karen Mitchoff 12/31/2017 NO STIPEND
II East Contra Costa County Habitat Conservancy, Governing Board Diane Burgis 12/31/2017 NO STIPEND
II East Contra Costa County Habitat Conservancy, Governing Board, Alternate Federal D. Glover 12/31/2017 NO STIPEND
II East Contra Costa Regional Fee & Finance Authority Diane Burgis 12/31/2017 NO STIPEND
II East Contra Costa Regional Fee & Finance Authority, Alternate Federal D. Glover 12/31/2017 NO STIPEND
II East County Water Management Association Diane Burgis 12/31/2018 STIPEND of $170/meeting; max 6 per month
II East County Water Management Association, Alternate Federal D. Glover 12/31/2018 STIPEND of $170/meeting; max 6 per month
II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Federal D. Glover 12/31/2017 NO STIPEND
II eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee Diane Burgis 12/31/2017 NO STIPEND
II First 5 Children and Families Commission Alternate Member Candace Andersen 12/31/2017 NO STIPEND
II Hazardous Waste Management Facility Allocation Committee Candace Andersen 12/31/2017 STIPEND of $150 per meeting.
II Hazardous Waste Management Facility Allocation Committee, Alternate Karen Mitchoff 12/31/2017 STIPEND of $150 per meeting.
II Library Needs Assessment Steering Committee Karen Mitchoff 12/31/2017 NO STIPEND/inactive
II Medical Services Joint Conference Committee, Chair John Gioia 12/31/2017 NO STIPEND
II Medical Services Joint Conference Committee, Vice Chair Federal D. Glover 12/31/2017 NO STIPEND
II North Richmond Waste and Recovery Mitigation Fee Committee John Gioia 12/31/2017 NO STIPEND
II North Richmond Waste and Recovery Mitigation Fee Committee, Alternate Robert Rogers 12/31/2017 NO STIPEND
II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair Federal D. Glover 12/31/2017 NO STIPEND
II Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair Diane Burgis 12/31/2017 NO STIPEND
II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Karen Mitchoff 12/31/2017 NO STIPEND
II Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees Candace Andersen 12/31/2017 NO STIPEND
II State Route 4 Bypass Authority Diane Burgis 12/31/2017 NO STIPEND
II State Route 4 Bypass Authority, Alternate Federal D. Glover 12/31/2017 NO STIPEND
II SWAT (Southwest Area Transportation Committee)Candace Andersen 12/31/2017 NO STIPEND
II SWAT, Alternate Karen Mitchoff 12/31/2017 NO STIPEND
II TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen 12/31/2017 NO STIPEND
II TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate Karen Mitchoff 12/31/2017 NO STIPEND
II TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff 12/31/2017 NO STIPEND
II TRANSPAC, Alternate Candace Andersen 12/31/2017 NO STIPEND
II TRANSPLAN (East County Transportation Planning)Diane Burgis 12/31/2017 NO STIPEND
II TRANSPLAN, Alternate Federal D. Glover 12/31/2017 NO STIPEND
II Tri-Valley Transportation Council Candace Andersen 12/31/2017 NO STIPEND
II Urban Counties Caucus Federal D. Glover 12/31/2017 NO STIPEND
II Urban Counties Caucus, Alternate Karen Mitchoff 12/31/2017 NO STIPEND
II WCCTAC (West County Transportation Advisory Committee)John Gioia 12/31/2017 NO STIPEND
II WCCTAC, Alternate Federal D. Glover 12/31/2017 NO STIPEND
II West Contra Costa Integrated Waste Management Authority John Gioia 12/31/2017 STIPEND of $50 per meeting.
II West Contra Costa Integrated Waste Management Authority, Alternate Federal D. Glover 12/31/2017 STIPEND of $50 per meeting.
Note: Type I: Internal Standing Committees; Type II: Internal appts;
Type III: Regional appts; Type IV: Special/Restricted appts;
Type V: ad hoc committees 2 of 24
*Or his designee
**Appointed by CCC Fire District BoardAugust 1, 2017 Contra Costa County Board of Supervisors Minutes 381
ATTACHMENT I TO RESOLUTION NO. 2017/225
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
UPDATED AUGUST 1, 2017
2017 New Term
Type*Committee Name Appointee Expiration Stipend Information
III ABAG Regional Planning Committee Karen Mitchoff 12/31/2017 STIPEND of $150 per meeting.
III Bay Area Air Quality Management District Board of Directors John Gioia
Eff 6/18/17-
6/17/21 Per diem of $100/meeting + travel exp; max $6,000
III Bay Area Air Quality Management District Board of Directors Karen Mitchoff 1/20/2020 Per diem of $100/meeting + travel exp; max $6,000
III Central Contra Costa Transit Authority (CCCTA) Board of Directors Candace Andersen Eff 5/2/17-5/1/19 STIPEND of $100 per meeting; up to $200 month
III Central Contra Costa Transit Authority (CCCTA) Board of Directors Alternate Karen Mitchoff Eff 5/2/17-5/1/19 STIPEND of $100 per meeting; up to $200 month
III Contra Costa Transportation Authority Board of Commissioners (seat 1)Federal D. Glover
Eff 2/1/17-
1/31/19 STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff 12/31/2018 STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)Candace Andersen
Eff 2/1/17-
1/31/19 STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)John Gioia
Eff 2/1/17-
1/31/19 STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)Diane Burgis
Eff 2/1/17-
1/31/19 STIPEND of $100 per meeting; up to $400 month
III Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)John Gioia 12/31/2018 STIPEND of $100 per meeting; up to $400 month
III Local Agency Formation Commission Candace Andersen 5/7/2018 STIPEND of $150 per meeting.
III Local Agency Formation Commission Federal D. Glover 5/7/2018 STIPEND of $150 per meeting.
III Local Agency Formation Commission, Alternate Diane Burgis 5/4/2020 STIPEND of $150 per meeting.
III Marin Energy Authority (MCE) Board of Directors Federal D. Glover 12/31/2020 NO STIPEND
III Marin Energy Authority (MCE) Board of Directors, Alternate John Gioia 12/31/2020 NO STIPEND
III Metropolitan Transportation Commission Federal D. Glover 2/1/2019 STIPEND of $100/meeting; up to $500/month per agency.
III Tri Delta Transit Authority, Board of Directors (Seat 1)Federal D. Glover 12/31/2018 STIPEND of $100/month
III Tri Delta Transit Authority, Board of Directors (Seat 2)Diane Burgis 12/31/2017 STIPEND of $100/month
IV ABAG Executive Board (Seat 1)Karen Mitchoff 6/30/2018 STIPEND of $150 per meeting.
IV ABAG Executive Board (Seat 2)Candace Andersen 6/30/2018 STIPEND of $150 per meeting.
IV ABAG Executive Board, Alternate 1 John Gioia 6/30/2018 STIPEND of $150 per meeting.
IV ABAG Executive Board, Alternate 2 Diane Burgis 6/30/2018 STIPEND of $150 per meeting.
IV
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive
Committee Karen Mitchoff 12/31/2017 NO STIPEND
IV
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive
Committee, First Alternate Russell Watts 12/31/2017 NO STIPEND
IV
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive
Committee, Second Alternate Belinda Zhu 12/31/2017 NO STIPEND
IV ABAG General Assembly Karen Mitchoff 12/31/2017 NO STIPEND
IV ABAG General Assembly, Alternate Diane Burgis 12/31/2017 NO STIPEND
IV Bay Conservation & Development Commission John Gioia 12/31/2017 STIPEND of $100 per meeting; max of 4 meetings.
IV Bay Conservation & Development Commission, Alternate Federal D. Glover 12/31/2017 STIPEND of $100 per meeting; max of 4 meetings.
IV CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees Candace Andersen
Eff 7/1/17-
6/30/20 STIPEND of $100 per meeting.
IV Clayton Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified NO STIPEND
IV Concord Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified NO STIPEND
IV Contra Costa County Redevelopment Successor Agency Oversight Board Federal D. Glover Unspecified NO STIPEND
IV Contra Costa County Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified NO STIPEND
IV CSAC (California State Association of Counties) Board of Directors John Gioia
Eff 11/27/17-
11/26/18 NO STIPEND
IV CSAC Board of Directors, Alternate Karen Mitchoff
Eff 11/27/17-
11/26/18 NO STIPEND
IV Delta Diablo Sanitation District Governing Board Federal D. Glover 12/31/2017 STIPEND of $170 per meeting; max of 6 meetings.
IV Delta Diablo Sanitation District Governing Board, Alternate Karen Mitchoff 12/31/2017 STIPEND of $170 per meeting; max of 6 meetings.
IV Delta Protection Commission Diane Burgis 12/31/2017 NO STIPEND
IV Delta Protection Commission, Alternate Karen Mitchoff 12/31/2017 NO STIPEND
IV First 5 Children and Families Commission Member Federal D. Glover 12/31/2017 NO STIPEND
IV Kensington Solid Waste Coordinating Committee John Gioia*Unspecified NO STIPEND
IV Law Library Board of Trustees Thomas Cain 12/31/2017 NO STIPEND
IV Mental Health Commission Candace Andersen 12/31/2017 NO STIPEND
IV Mental Health Commission, Alternate Diane Burgis 12/31/2017 NO STIPEND
IV North Coast Shoreline Joint Powers Authority Federal D. Glover 12/31/2017 NO STIPEND
IV North Coast Shoreline Joint Powers Authority John Gioia 12/31/2017 NO STIPEND
IV Pittsburg Redevelopment Successor Agency Oversight Board Federal D. Glover Unspecified NO STIPEND
IV Pleasant Hill Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified NO STIPEND
IV Sacramento-San Joaquin Delta Conservancy Board Karen Mitchoff Unspecified NO STIPEND
IV Sacramento-San Joaquin Delta Conservancy Board, Alternate Diane Burgis Unspecified NO STIPEND
IV San Pablo Redevelopment Successor Agency Oversight Board VACANT**Unspecified NO STIPEND
IV Walnut Creek Redevelopment Successor Agency Oversight Board Karen Mitchoff Unspecified NO STIPEND
Note: Type I: Internal Standing Committees; Type II: Internal appts;
Type III: Regional appts; Type IV: Special/Restricted appts;
Type V: ad hoc committees 3 of 24
*Or his designee
**Appointed by CCC Fire District BoardAugust 1, 2017 Contra Costa County Board of Supervisors Minutes 382
ATTACHMENT I TO RESOLUTION NO. 2017/225
CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
UPDATED AUGUST 1, 2017
2017 New Term
Type*Committee Name Appointee Expiration Stipend Information
V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee John Gioia Unspecified NO STIPEND
V Industrial Safety Ordinance/Community Warning System Ad Hoc Committee Federal D. Glover Unspecified NO STIPEND
V Northern Waterfront Economic Development Ad Hoc Committee Federal D. Glover Unspecified NO STIPEND
V Northern Waterfront Economic Development Ad Hoc Committee Diane Burgis Unspecified NO STIPEND
V Sustainability Ad Hoc Committee, Chair John Gioia Unspecified NO STIPEND
V Sustainability Ad Hoc Committee, Vice Chair Federal D. Glover Unspecified NO STIPEND
Note: Type I: Internal Standing Committees; Type II: Internal appts;
Type III: Regional appts; Type IV: Special/Restricted appts;
Type V: ad hoc committees 4 of 24
*Or his designee
**Appointed by CCC Fire District BoardAugust 1, 2017 Contra Costa County Board of Supervisors Minutes 383
Row Labels
Candace Andersen
ABAG Executive Board (Seat 2)
Bay Area Counties Caucus, Alternate
CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees
Central Contra Costa Solid Waste Authority
Central Contra Costa Transit Authority (CCCTA) Board of Directors
Contra Costa Health Plan Joint Conference Committee
Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)
Dougherty Valley Oversight Committee
East Bay Regional Communication System (EBRCS) Authority Governing Board
Family & Human Services Committee, Vice Chair
First 5 Children and Families Commission Alternate Member
Hazardous Waste Management Facility Allocation Committee
Hiring Outreach & Oversight Committee, Vice-Chair
Internal Operations Committee, Chair
Local Agency Formation Commission
Mental Health Commission
Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees
SWAT (Southwest Area Transportation Committee)
TRAFFIX (Measure J Traffic Congestion Relief Agency)
TRANSPAC, Alternate
Tri-Valley Transportation Council
Diane Burgis
ABAG Executive Board, Alternate 2
ABAG General Assembly, Alternate
Airport Committee, Vice Chair
California Identification System Remote Access Network Board (Cal-ID RAN Board)
City-County Relations Committee
Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)
Delta Protection Commission
Dougherty Valley Oversight Committee
East Contra Costa County Habitat Conservancy, Governing Board
East Contra Costa Regional Fee & Finance Authority
East County Water Management Association
eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee
Internal Operations Committee, Vice Chair
Legislation Committee, Chair
Local Agency Formation Commission, Alternate
Mental Health Commission, Alternate
Northern Waterfront Economic Development Ad Hoc Committee
Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair
Sacramento-San Joaquin Delta Conservancy Board, Alternate
State Route 4 Bypass Authority
TRANSPLAN (East County Transportation Planning)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 384
Transportation, Water & Infrastructure Committee, Chair
Tri Delta Transit Authority, Board of Directors (Seat 2)
Federal D. Glover
ABAG (Association of Bay Area Counties) General Assembly
Bay Conservation & Development Commission, Alternate
City-County Relations Committee
Contra Costa County Redevelopment Successor Agency Oversight Board
Contra Costa Transportation Authority Board of Commissioners (seat 1)
Delta Diablo Sanitation District Governing Board
East Contra Costa County Habitat Conservancy, Governing Board, Alternate
East Contra Costa Regional Fee & Finance Authority, Alternate
East County Water Management Association, Alternate
eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee
First 5 Children and Families Commission Member
Hiring Outreach & Oversight Committee, Chair
Industrial Safety Ordinance/Community Warning System Ad Hoc Committee
Local Agency Formation Commission
Medical Services Joint Conference Committee, Vice Chair
Metropolitan Transportation Commission
North Coast Shoreline Joint Powers Authority
Northern Waterfront Economic Development Ad Hoc Committee
Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair
Pittsburg Redevelopment Successor Agency Oversight Board
Public Protection, Chair
State Route 4 Bypass Authority, Alternate
Sustainability Ad Hoc Committee, Vice Chair
TRANSPLAN, Alternate
Tri Delta Transit Authority, Board of Directors (Seat 1)
Urban Counties Caucus
WCCTAC, Alternate
West Contra Costa Integrated Waste Management Authority, Alternate
John Gioia
ABAG Executive Board, Alternate 1
ABAG General Assembly, Alternate
Bay Area Air Quality Management District Board of Directors
Bay Conservation & Development Commission
Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)
Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)
CSAC (California State Association of Counties) Board of Directors
Family & Human Services Committee, Chair
Finance Committee, Vice Chair
Industrial Safety Ordinance/Community Warning System Ad Hoc Committee
Medical Services Joint Conference Committee, Chair
North Coast Shoreline Joint Powers Authority
North Richmond Waste and Recovery Mitigation Fee Committee
Public Protection, Vice Chair
Sustainability Ad Hoc Committee, Chair
August 1, 2017 Contra Costa County Board of Supervisors Minutes 385
WCCTAC (West County Transportation Advisory Committee)
West Contra Costa Integrated Waste Management Authority
John Gioia*
Kensington Solid Waste Coordinating Committee
Karen Mitchoff
ABAG Executive Board (Seat 1)
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee
ABAG General Assembly
ABAG Regional Planning Committee
Airport Committee, Chair
Bay Area Air Quality Management District Board of Directors
Bay Area Counties Caucus
Central Contra Costa Solid Waste Authority
Central Contra Costa Transit Authority (CCCTA) Board of Directors Alternate
City-County Relations Committee, Alternate
Clayton Redevelopment Successor Agency Oversight Board
Concord Redevelopment Successor Agency Oversight Board
Contra Costa County Redevelopment Successor Agency Oversight Board
Contra Costa Family Justice Alliance
Contra Costa Health Plan Joint Conference Committee
Contra Costa Transportation Authority Board of Commissioners (Seat 2)
CSAC Board of Directors, Alternate
Delta Diablo Sanitation District Governing Board, Alternate
Delta Protection Commission, Alternate
East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate
Finance Committee, Chair
Hazardous Waste Management Facility Allocation Committee, Alternate
Legislation Committee, Vice Chair
Library Needs Assessment Steering Committee
Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees
Pleasant Hill Redevelopment Successor Agency Oversight Board
Sacramento-San Joaquin Delta Conservancy Board
SWAT, Alternate
TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate
TRANSPAC (Central County Transportation Partnership and Cooperation)
Transportation, Water & Infrastructure Committee, Vice Chair
Urban Counties Caucus, Alternate
Walnut Creek Redevelopment Successor Agency Oversight Board
Grand Total
August 1, 2017 Contra Costa County Board of Supervisors Minutes 386
Row Labels
I
Candace Andersen
Family & Human Services Committee, Vice Chair
Hiring Outreach & Oversight Committee, Vice-Chair
Internal Operations Committee, Chair
Diane Burgis
Airport Committee, Vice Chair
Internal Operations Committee, Vice Chair
Legislation Committee, Chair
Transportation, Water & Infrastructure Committee, Chair
Federal D. Glover
Hiring Outreach & Oversight Committee, Chair
Public Protection, Chair
John Gioia
Family & Human Services Committee, Chair
Finance Committee, Vice Chair
Public Protection, Vice Chair
Karen Mitchoff
Airport Committee, Chair
Finance Committee, Chair
Legislation Committee, Vice Chair
Transportation, Water & Infrastructure Committee, Vice Chair
II
Candace Andersen
Bay Area Counties Caucus, Alternate
Central Contra Costa Solid Waste Authority
Contra Costa Health Plan Joint Conference Committee
Dougherty Valley Oversight Committee
East Bay Regional Communication System (EBRCS) Authority Governing Board
First 5 Children and Families Commission Alternate Member
Hazardous Waste Management Facility Allocation Committee
Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees
SWAT (Southwest Area Transportation Committee)
TRAFFIX (Measure J Traffic Congestion Relief Agency)
TRANSPAC, Alternate
Tri-Valley Transportation Council
Diane Burgis
California Identification System Remote Access Network Board (Cal-ID RAN Board)
City-County Relations Committee
Dougherty Valley Oversight Committee
East Contra Costa County Habitat Conservancy, Governing Board
East Contra Costa Regional Fee & Finance Authority
East County Water Management Association
eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee
August 1, 2017 Contra Costa County Board of Supervisors Minutes 387
Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair
State Route 4 Bypass Authority
TRANSPLAN (East County Transportation Planning)
Elise Warren
BayRICS Authority, Alternate
Federal D. Glover
City-County Relations Committee
East Contra Costa County Habitat Conservancy, Governing Board, Alternate
East Contra Costa Regional Fee & Finance Authority, Alternate
East County Water Management Association, Alternate
eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee
Medical Services Joint Conference Committee, Vice Chair
Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair
State Route 4 Bypass Authority, Alternate
TRANSPLAN, Alternate
Urban Counties Caucus
WCCTAC, Alternate
West Contra Costa Integrated Waste Management Authority, Alternate
John Gioia
Medical Services Joint Conference Committee, Chair
North Richmond Waste and Recovery Mitigation Fee Committee
WCCTAC (West County Transportation Advisory Committee)
West Contra Costa Integrated Waste Management Authority
Karen Mitchoff
Bay Area Counties Caucus
Central Contra Costa Solid Waste Authority
City-County Relations Committee, Alternate
Contra Costa Family Justice Alliance
Contra Costa Health Plan Joint Conference Committee
East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate
Hazardous Waste Management Facility Allocation Committee, Alternate
Library Needs Assessment Steering Committee
Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees
SWAT, Alternate
TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate
TRANSPAC (Central County Transportation Partnership and Cooperation)
Urban Counties Caucus, Alternate
Mike Casten
Bay Area Regional Interoperable Communications System (BayRICS) Authority
Robert Rogers
North Richmond Waste and Recovery Mitigation Fee Committee, Alternate
III
Candace Andersen
Central Contra Costa Transit Authority (CCCTA) Board of Directors
Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)
Local Agency Formation Commission
Diane Burgis
August 1, 2017 Contra Costa County Board of Supervisors Minutes 388
Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)
Local Agency Formation Commission, Alternate
Tri Delta Transit Authority, Board of Directors (Seat 2)
Federal D. Glover
Contra Costa Transportation Authority Board of Commissioners (seat 1)
Local Agency Formation Commission
Metropolitan Transportation Commission
Tri Delta Transit Authority, Board of Directors (Seat 1)
John Gioia
Bay Area Air Quality Management District Board of Directors
Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)
Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)
Karen Mitchoff
ABAG Regional Planning Committee
Bay Area Air Quality Management District Board of Directors
Central Contra Costa Transit Authority (CCCTA) Board of Directors Alternate
Contra Costa Transportation Authority Board of Commissioners (Seat 2)
IV
Belinda Zhu
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate
Candace Andersen
ABAG Executive Board (Seat 2)
CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees
Mental Health Commission
Diane Burgis
ABAG Executive Board, Alternate 2
ABAG General Assembly, Alternate
Delta Protection Commission
Mental Health Commission, Alternate
Sacramento-San Joaquin Delta Conservancy Board, Alternate
Federal D. Glover
ABAG (Association of Bay Area Counties) General Assembly
Bay Conservation & Development Commission, Alternate
Contra Costa County Redevelopment Successor Agency Oversight Board
Delta Diablo Sanitation District Governing Board
First 5 Children and Families Commission Member
North Coast Shoreline Joint Powers Authority
Pittsburg Redevelopment Successor Agency Oversight Board
John Gioia
ABAG Executive Board, Alternate 1
ABAG General Assembly, Alternate
Bay Conservation & Development Commission
CSAC (California State Association of Counties) Board of Directors
North Coast Shoreline Joint Powers Authority
John Gioia*
Kensington Solid Waste Coordinating Committee
Karen Mitchoff
August 1, 2017 Contra Costa County Board of Supervisors Minutes 389
ABAG Executive Board (Seat 1)
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee
ABAG General Assembly
Clayton Redevelopment Successor Agency Oversight Board
Concord Redevelopment Successor Agency Oversight Board
Contra Costa County Redevelopment Successor Agency Oversight Board
CSAC Board of Directors, Alternate
Delta Diablo Sanitation District Governing Board, Alternate
Delta Protection Commission, Alternate
Pleasant Hill Redevelopment Successor Agency Oversight Board
Sacramento-San Joaquin Delta Conservancy Board
Walnut Creek Redevelopment Successor Agency Oversight Board
Russell Watts
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate
Thomas Cain
Law Library Board of Trustees
VACANT**
San Pablo Redevelopment Successor Agency Oversight Board
V
Diane Burgis
Northern Waterfront Economic Development Ad Hoc Committee
Federal D. Glover
Industrial Safety Ordinance/Community Warning System Ad Hoc Committee
Northern Waterfront Economic Development Ad Hoc Committee
Sustainability Ad Hoc Committee, Vice Chair
John Gioia
Industrial Safety Ordinance/Community Warning System Ad Hoc Committee
Sustainability Ad Hoc Committee, Chair
(blank)
(blank)
(blank)
Grand Total
August 1, 2017 Contra Costa County Board of Supervisors Minutes 390
August 1, 2017 Contra Costa County Board of Supervisors Minutes 391
August 1, 2017 Contra Costa County Board of Supervisors Minutes 392
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 393
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 394
Row Labels
NO STIPEND
Belinda Zhu
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate
Candace Andersen
Bay Area Counties Caucus, Alternate
Contra Costa Health Plan Joint Conference Committee
Dougherty Valley Oversight Committee
East Bay Regional Communication System (EBRCS) Authority Governing Board
Family & Human Services Committee, Vice Chair
First 5 Children and Families Commission Alternate Member
Hiring Outreach & Oversight Committee, Vice-Chair
Internal Operations Committee, Chair
Mental Health Commission
Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees
SWAT (Southwest Area Transportation Committee)
TRAFFIX (Measure J Traffic Congestion Relief Agency)
TRANSPAC, Alternate
Tri-Valley Transportation Council
Diane Burgis
ABAG General Assembly, Alternate
Airport Committee, Vice Chair
California Identification System Remote Access Network Board (Cal-ID RAN Board)
City-County Relations Committee
Delta Protection Commission
Dougherty Valley Oversight Committee
East Contra Costa County Habitat Conservancy, Governing Board
East Contra Costa Regional Fee & Finance Authority
eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee
Internal Operations Committee, Vice Chair
Legislation Committee, Chair
Mental Health Commission, Alternate
Northern Waterfront Economic Development Ad Hoc Committee
Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice Chair
Sacramento-San Joaquin Delta Conservancy Board, Alternate
State Route 4 Bypass Authority
TRANSPLAN (East County Transportation Planning)
Transportation, Water & Infrastructure Committee, Chair
Elise Warren
BayRICS Authority, Alternate
Federal D. Glover
ABAG (Association of Bay Area Counties) General Assembly
City-County Relations Committee
Contra Costa County Redevelopment Successor Agency Oversight Board
East Contra Costa County Habitat Conservancy, Governing Board, Alternate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 395
East Contra Costa Regional Fee & Finance Authority, Alternate
eBART (Bay Area Rapid Transit) Partnership Policy Advisory Committee
First 5 Children and Families Commission Member
Hiring Outreach & Oversight Committee, Chair
Industrial Safety Ordinance/Community Warning System Ad Hoc Committee
Medical Services Joint Conference Committee, Vice Chair
North Coast Shoreline Joint Powers Authority
Northern Waterfront Economic Development Ad Hoc Committee
Open Space/Parks & East Bay Regional Parks District Liaison Committee, Chair
Pittsburg Redevelopment Successor Agency Oversight Board
Public Protection, Chair
State Route 4 Bypass Authority, Alternate
Sustainability Ad Hoc Committee, Vice Chair
TRANSPLAN, Alternate
Urban Counties Caucus
WCCTAC, Alternate
John Gioia
ABAG General Assembly, Alternate
CSAC (California State Association of Counties) Board of Directors
Family & Human Services Committee, Chair
Finance Committee, Vice Chair
Industrial Safety Ordinance/Community Warning System Ad Hoc Committee
Medical Services Joint Conference Committee, Chair
North Coast Shoreline Joint Powers Authority
North Richmond Waste and Recovery Mitigation Fee Committee
Public Protection, Vice Chair
Sustainability Ad Hoc Committee, Chair
WCCTAC (West County Transportation Advisory Committee)
John Gioia*
Kensington Solid Waste Coordinating Committee
Karen Mitchoff
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee
ABAG General Assembly
Airport Committee, Chair
Bay Area Counties Caucus
City-County Relations Committee, Alternate
Clayton Redevelopment Successor Agency Oversight Board
Concord Redevelopment Successor Agency Oversight Board
Contra Costa County Redevelopment Successor Agency Oversight Board
Contra Costa Family Justice Alliance
Contra Costa Health Plan Joint Conference Committee
CSAC Board of Directors, Alternate
Delta Protection Commission, Alternate
East Bay Regional Communication System (EBRCS) Authority Governing Board, Alternate
Finance Committee, Chair
Legislation Committee, Vice Chair
Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of Trustees
August 1, 2017 Contra Costa County Board of Supervisors Minutes 396
Pleasant Hill Redevelopment Successor Agency Oversight Board
Sacramento-San Joaquin Delta Conservancy Board
SWAT, Alternate
TRAFFIX (Measure J Traffic Congestion Relief Agency), Alternate
TRANSPAC (Central County Transportation Partnership and Cooperation)
Transportation, Water & Infrastructure Committee, Vice Chair
Urban Counties Caucus, Alternate
Walnut Creek Redevelopment Successor Agency Oversight Board
Mike Casten
Bay Area Regional Interoperable Communications System (BayRICS) Authority
Robert Rogers
North Richmond Waste and Recovery Mitigation Fee Committee, Alternate
Russell Watts
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate
Thomas Cain
Law Library Board of Trustees
VACANT**
San Pablo Redevelopment Successor Agency Oversight Board
NO STIPEND/inactive
Karen Mitchoff
Library Needs Assessment Steering Committee
Per diem of $100/meeting + travel exp; max $6,000
John Gioia
Bay Area Air Quality Management District Board of Directors
Karen Mitchoff
Bay Area Air Quality Management District Board of Directors
STIPEND of $100 per meeting.
Candace Andersen
CCCERA (Contra Costa County Employees Retirement Association) Board of Trustees
STIPEND of $100 per meeting; max of 4 meetings.
Federal D. Glover
Bay Conservation & Development Commission, Alternate
John Gioia
Bay Conservation & Development Commission
STIPEND of $100 per meeting; up to $200 month
Candace Andersen
Central Contra Costa Transit Authority (CCCTA) Board of Directors
Karen Mitchoff
Central Contra Costa Transit Authority (CCCTA) Board of Directors Alternate
STIPEND of $100 per meeting; up to $400 month
Candace Andersen
Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)
Diane Burgis
Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)
Federal D. Glover
Contra Costa Transportation Authority Board of Commissioners (seat 1)
John Gioia
August 1, 2017 Contra Costa County Board of Supervisors Minutes 397
Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 2)
Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)
Karen Mitchoff
Contra Costa Transportation Authority Board of Commissioners (Seat 2)
STIPEND of $100/meeting; up to $500/month per agency.
Federal D. Glover
Metropolitan Transportation Commission
STIPEND of $100/month
Diane Burgis
Tri Delta Transit Authority, Board of Directors (Seat 2)
Federal D. Glover
Tri Delta Transit Authority, Board of Directors (Seat 1)
STIPEND of $150 per meeting.
Candace Andersen
ABAG Executive Board (Seat 2)
Hazardous Waste Management Facility Allocation Committee
Local Agency Formation Commission
Diane Burgis
ABAG Executive Board, Alternate 2
Local Agency Formation Commission, Alternate
Federal D. Glover
Local Agency Formation Commission
John Gioia
ABAG Executive Board, Alternate 1
Karen Mitchoff
ABAG Executive Board (Seat 1)
ABAG Regional Planning Committee
Hazardous Waste Management Facility Allocation Committee, Alternate
STIPEND of $170 per meeting; max of 6 meetings.
Federal D. Glover
Delta Diablo Sanitation District Governing Board
Karen Mitchoff
Delta Diablo Sanitation District Governing Board, Alternate
STIPEND of $170/meeting; max 6 per month
Diane Burgis
East County Water Management Association
Federal D. Glover
East County Water Management Association, Alternate
STIPEND of $50 per meeting.
Federal D. Glover
West Contra Costa Integrated Waste Management Authority, Alternate
John Gioia
West Contra Costa Integrated Waste Management Authority
STIPEND of $50/meeting; max of 2 paid/month
Candace Andersen
Central Contra Costa Solid Waste Authority
Karen Mitchoff
August 1, 2017 Contra Costa County Board of Supervisors Minutes 398
Central Contra Costa Solid Waste Authority
(blank)
(blank)
(blank)
Grand Total
August 1, 2017 Contra Costa County Board of Supervisors Minutes 399
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second Alternate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 400
August 1, 2017 Contra Costa County Board of Supervisors Minutes 401
ABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First Alternate
August 1, 2017 Contra Costa County Board of Supervisors Minutes 402
Agency Boards and Commissions
Name of Appointed
Person (Last, First)
Name of Alternate
(Last, First)
Appointment
Date
Length of
Term (in
years)
Per
Meeting
Estimated
Annual
Salary/Stipend Term Exp
ABAG Executive Board (Seat 1)Mitchoff, Karen Gioia, John 7/1/2014 4 $150.00 $1,800.00 6/30/2018
ABAG Executive Board (Seat 2)Andersen, Candace Burgis, Diane 7/1/2014 4 $150.00 $1,800.00 6/30/2018
ABAG Regional Planning Committee Mitchoff, Karen N/A 1/10/2017 1 $150.00 $1,800.00 12/31/2017
Bay Area Air Quality Management District
Board of Directors #1 Gioia, John N/A 1/8/2013 4 $100.00 $1,200.00 6/17/2021
Bay Area Air Quality Management District
Board of Directors #2 Mitchoff, Karen N/A 1/5/2016 4 $100.00 $1,200.00 1/20/2020
Bay Conservation & Development Commission Gioia, John Glover, Federal D. 1/10/2017 1 $100.00 $2,400.00 12/31/2017
CCCERA (Contra Costa County Employees
Retirement Association) Board of Trustees Andersen, Candace Holcombe, Jerry 3/1/2015 2 $100.00 $2,400.00 6/30/2020
Central Contra Costa Solid Waste Authority
Board of Directors Seat #1 Andersen, Candace N/A 1/10/2017 1 $50.00 $1,200.00 12/31/2017
Central Contra Costa Solid Waste Authority
Board of Directors Seat #2 Mitchoff, Karen N/A 1/10/2017 1 $50.00 $1,200.00 12/31/2017
Central Contra Costa Transit Authority
(CCCTA) Board of Directors Andersen, Candace Mitchoff, Karen 5/1/2015 2 $100.00 $2,400.00 5/1/2019
Contra Costa Transportation Authority Board
of Directors Seat #1 Glover, Federal D. Andersen, Candace 1/6/2015 2 $100.00 $2,400.00 1/31/2019
Contra Costa Transportation Authority Board
of Directors, Second Alternate (Seat 1)Gioia, John N/A 2/1/2017 2 $100.00 $2,400.00 1/31/2019
Contra Costa Transportation Authority Board
of Directors, Third Alternate (Seat 1)Burgis, Diane N/A 2/1/2017 2 $100.00 $2,400.00 1/31/2019
Contra Costa Transportation Authority Board
of Directors Seat #2 Mitchoff, Karen Gioia, John 1/5/2016 2 $100.00 $2,400.00 12/31/2018
Delta Diablo Sanitation District Governing
Board Glover, Federal D. Mitchoff, Karen 1/5/2016 1 $170.00 $2,040.00 12/31/2017
East County Water Management Association
Board of Directors Burgis, Diane Glover, Federal D. 1/10/2017 2 $170.00 $2,040.00 12/31/2017
Hazardous Waste Management Facility
Allocation Committee Andersen, Candace Mitchoff, Karen 1/10/2017 1 $150.00 $900.00 12/31/2017
Local Agency Formation Commission Glover, Federal D. Burgis, Diane 5/6/2014 4 $150.00 $1,800.00 5/7/2018
Local Agency Formation Commission Andersen, Candace Burgis, Diane 5/6/2014 4 $150.00 $1,800.00 5/7/2018
Metropolitan Transportation Commission Glover, Federal D.N/A 1/6/2015 4 $100.00 $1,200.00 2/1/2019
Tri Delta Transit Authority, Board of Directors
(Seat 1)Glover, Federal D.N/A 1/6/2015 2 $100.00 $1,200.00 12/31/2018
Tri Delta Transit Authority, Board of Directors
(Seat 2)Burgis, Diane N/A 1/10/2017 2 $100.00 $1,200.00 12/31/2017
West Contra Costa Integrated Waste
Management Authority Board of Directors Gioia, John Glover, Federal D. 1/10/2017 1 $50.00 $600.00 12/31/2017
August 1, 2017 Contra Costa County Board of Supervisors Minutes 403
RECOMMENDATION(S):
ACCEPT the resignation of Iris Wong, DECLARE a vacancy in the District IV Seat on the Contra Costa Commission
for Women; and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Mitchoff.
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.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Colleen Isenberg,
(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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 25
To:Board of Supervisors
From:Karen Mitchoff, District IV Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:ACCEPT resignation of Iris Wong from the Contra Costa Commission for Women
August 1, 2017 Contra Costa County Board of Supervisors Minutes 404
AGENDA
ATTACHMENTS
MINUTES
ATTACHMENTS
Vacancy Notice
August 1, 2017 Contra Costa County Board of Supervisors Minutes 405
August 1, 2017 Contra Costa County Board of Supervisors Minutes 406
RECOMMENDATION(S):
RE-APPOINT the following individual to the District V Representative Seat on the Contra Costa County Fire
Protection District's Fire Advisory Commission, with a term expiring June 30, 2021, as recommended by Supervisor
Federal D. Glover.
Nat Rojanasathira
Martinez, CA 94553
FISCAL IMPACT:
None.
BACKGROUND:
The function of the Commission is to review and advise on annual operations and capital budgets; to review district
expenditures; to review and advise on long-range capital improvement plans; pursuant to district ordinance to serve as
the Appeals Board on weed abatement matters; to advise the Fire Chief on district service matters; to meet jointly
with the Board of Supervisors and provide advice to the board as needed; to communicate with the other fire district
advisory commissions on services and functional integration; to assist in the Fire Chief's selection process as required;
to serve as liaison between the Board of Supervisors and the community served by each district.
CONSEQUENCE OF NEGATIVE ACTION:
The seat would remain vacant.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Vincent Manuel (925)
427-8138
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: August 1, 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:Federal D. Glover, District V Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:RE-APPOINT NAT ROJANASATHIRA TO THE CCC FIRE PROTECTION ADVISORY COMMISSION
August 1, 2017 Contra Costa County Board of Supervisors Minutes 407
RECOMMENDATION(S):
APPOINT the following individual to the District V Seat on the Contra Costa County In-Home Supporitve Services
Public Authority, with a term expiring June 30, 2021, as recommended by Supervisor Federal D. Glover.
Chantana Vornvilaipan
Pinole, CA
FISCAL IMPACT:
None.
BACKGROUND:
The Public Authority has an Advisory Committee whose membership is composed of individuals who are current or
past users of personal assistance services paid for through public or private funds and professional representatives
from the Community. There are “consumer” members and representatives from County Supervisors districts.
Advisory Committee members want to hear ideas for improving IHSS or about any problems one may have with the
system.
CONSEQUENCE OF NEGATIVE ACTION:
Position would remain vacant.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Vincent Manuel (925)
427-8138
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 27
To:Board of Supervisors
From:Federal D. Glover, District V Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:APPOINT Chantana Vornvilaipan to the District V Seat on the Contra Costa County IHSS Public Authority
August 1, 2017 Contra Costa County Board of Supervisors Minutes 408
RECOMMENDATION(S):
APPOINT Ylan Hunt to Appoint Seat 7 on the El Sobrante Municipal Advisory Council to a term ending
12/31/2018, as recommended by Supervisor John Gioia.
Ylan Hunt
El Sobrante, CA 94803
FISCAL IMPACT:
None.
BACKGROUND:
The council shall advise the Board of Supervisors on: 1) Services which are or may be provided to unincorporated El
Sobrante by the County or other local governmental agencies. Such services include, but are not limited to, public
health, safety, welfare, public works, and planning, 2) the feasibility of organizing the existing special districts
serving unincorporated El Sobrante in order to more efficiently provide public services such as, but not limited to,
water, sewer, fire, and parks and recreation, 3) representing unincorporated El Sobrante before the Local Agency
Formation Commission on proposed boundary changes affecting the community, 4) representing unincorporated El
Sobrante before the County Planning Commission(s) and the Zoning Administrator on land use and other planning
matters affecting the community. In this regard, the Council shall cooperate with any other planning advisory bodies
in unincorporated El Sobrante in order to avoid duplication and delay in the planning process, 5) Provide input and
reports to the Board of Supervisors, County staff, or any other County hearing body on issues
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: James Lyons,
510-231-8692
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 28
To:Board of Supervisors
From:John Gioia, District I Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:Appoint Ylan Hunt to Appointed Seat 7 of the El Sobrante Municipal Advisory Council
August 1, 2017 Contra Costa County Board of Supervisors Minutes 409
BACKGROUND: (CONT'D)
of concern to unincorporated El Sobrante, and 6) representing unincorporated El Sobrante before other public
entities and agencies. It is understood that the Board of Supervior's is the final decision making authority with
respect to issues concerning unincorporated El Sobrante and that the Council shall shall solely in an advisory
capacity.
Ms. Hunt's background as a social worker coupled with being relatively new to El Sobrante make her a great
addition the El Sobrante Municipal Advisory Council.
Supervisor Gioia recruits for his advisory body openings in a number of ways including through his website,
blasts, newsletters, and the traditional media; interviewing eligible candidates.
ATTACHMENTS
Ylan_Hunt_Application
August 1, 2017 Contra Costa County Board of Supervisors Minutes 410
August 1, 2017 Contra Costa County Board of Supervisors Minutes 411
August 1, 2017 Contra Costa County Board of Supervisors Minutes 412
August 1, 2017 Contra Costa County Board of Supervisors Minutes 413
August 1, 2017 Contra Costa County Board of Supervisors Minutes 414
August 1, 2017 Contra Costa County Board of Supervisors Minutes 415
August 1, 2017 Contra Costa County Board of Supervisors Minutes 416
RECOMMENDATION(S):
APPOINT James Mellander to the District 1 seat on the Merit Board, as recommended by Supervisor Gioia.
James Mellander
El Sobrante, CA 94803
FISCAL IMPACT:
None.
BACKGROUND:
Authorized to carry out the duties of the Merit Board under the Merit System Ordinance (Ordinance No. 80-47), as
required in State law.
The Merit Board’s jurisdiction shall be to oversee the merit system and to hear and decide the following matters:
unlawful discrimination appeals or complaints, appeals from: orders and actions of dismissal, suspension, demotion
or reduction of compensation; application of the layoff regulations; coerced resignation and appeals from denial of
flexibly staffed promotions.
Personnel Management Regulations - PART 2
201. APPOINTMENT. The Merit Board shall consist of five (5) (or seven [7]
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: James Lyons,
510-231-8692
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 29
To:Board of Supervisors
From:John Gioia, District I Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:Appoint James Mellander to the District 1 seat of the Merit Board
August 1, 2017 Contra Costa County Board of Supervisors Minutes 417
BACKGROUND: (CONT'D)
if authorized by legislation) qualified electors of the County of Contra Costa who are neither County or District
employees nor employees of any organization representing County or District employees. Merit Board members
shall be appointed by the Board of Supervisors.
202. TERM OF APPOINTMENT. The term of Merit Board members shall be four (4) years except for the initial
appointments.
203. INITIAL MERIT BOARD TERMS. The terms of office of two (2) members of the first Merit Board shall be
one (1) year. The terms of office of the other members of the first Merit Board shall be two (2), three (3), and four
(4) years, respectively. The members shall determine by lot the relative order of the expiration of their terms.
204. CHAIR. Each calendar year the Merit Board shall select a chairperson from its members to serve a one (1)
year term.
Mr. Hunt's background with the Grand Jury coupled with his desire to serve the residents of Contra Costa County
make him a great candidate to serve on the Merit Board.
Supervisor Gioia recruits for his advisory body openings in a number of ways including through his website,
blasts, newsletters, and the traditional media; interviewing eligible candidates.
CONSEQUENCE OF NEGATIVE ACTION:
The Merit Board needs to have all of it's vacancies filled. The Merit Board will struggle to have a quorum at our
meetings if Mr. Mellander is not appointed.
ATTACHMENTS
James_Mellander_Application
August 1, 2017 Contra Costa County Board of Supervisors Minutes 418
Submit Date: Jun 28, 2017
First Name Middle Initial Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone
Employer Job Title Occupation
Contra Costa County Boards & Commissions
Application Form
Profile
This application is used for all boards and commissions
Do you, or a business in which you have a financial interest, have a contract with Contra
Costa Co.?
Yes No
Is a member of your family (or step-family) employed by Contra Costa Co.?
Yes No
Interests & Experiences
Which Boards would you like to apply for?
Merit Board: Submitted
James Mellander
El Sobrante CA 94803
Lawrence Berkeley National
Laboratory Retired Computer Scientist
James Mellander Page 1 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 419
Upload a Resume
If "Other" was Selected Give Highest Grade or
Educational Level Achieved
Name of College Attended
Course of Study / Major
Units Completed
Please describe your interest in serving as a member of the board(s) you have selected and
if applicable which seat you are applying for.
I am interested in public service, and ensuring that employees are fairly treated.
Have you previously served on a government or non-profit board or committee?
2 years on Contra Costa County Grand Jury, including one as Foreperson
Please describe how your education, work experience, or other activities have prepared you
to serve on the board or commission you have selected.
My experience in the Grand Jury provided the opportunity for negotiation and problem solving in the
public sector.
Education History
Select the highest level of education you have received:
Other
College/ University A
Type of Units Completed
Semester
AA-equivalent
Laney College
Data Processing
1.5 years
James Mellander Page 2 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 420
Degree Type
Date Degree Awarded
Name of College Attended
Course of Study / Major
Units Completed
Degree Type
Date Degree Awarded
Name of College Attended
Course of Study / Major
Degree Awarded?
Yes No
College/ University B
Type of Units Completed
Quarter
Degree Awarded?
Yes No
College/ University C
US Navy Electronics
Electronics
Full Course
AA-equivalent
1974
James Mellander Page 3 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 421
Units Completed
Degree Type
Date Degree Awarded
Course Studied
Hours Completed
Dates (Month, Day, Year) From - To
Hours per Week Worked?
Type of Units Completed
Semester
Quarter
Degree Awarded?
Yes No
Other schools / training completed:
Certificate Awarded?
Yes No
Work History
Please provide information on your last three positions, including your current one if you are
working.
1st (Most Recent)
6/2015-6/2017
40+
James Mellander Page 4 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 422
Position Title
Dates (Month, Day, Year) From - To
Hours per Week Worked?
Position Title
Volunteer Work?
Yes No
Employer's Name and Address
Contra Costa County Grand Jury
Duties Performed
1st year as Grand Jury member, 2nd year as Foreperson. Investigated issues of County-wide
significance, and prepared reports for County government. Investigated misconduct by DA, resulting in his
resignation from office.
2nd
Volunteer Work?
Yes No
Employer's Name and Address
Lawrence Berkeley National Laboratory 1 Cyclotron Road Berkeley, CA
Duties Performed
Developed, monitored, and maintained cybersecurity infrastructure to protect national laboratory computer
assets.
3rd
Grand Juror
9/2000 - 11/2014
40
Computer Scientist
James Mellander Page 5 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 423
Dates (Month, Day, Year) From - To
Hours per Week Worked?
Position Title
If "Other" was selected please explain
Volunteer Work?
Yes No
Employer's Name and Address
Duties Performed
Final Questions
How did you learn about this vacancy?
District Supervisor
. Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
Yes No
James Mellander Page 6 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 424
If Yes, please identify the nature of the relationship:
James Mellander Page 7 of 7
August 1, 2017 Contra Costa County Board of Supervisors Minutes 425
RECOMMENDATION(S):
APPOINT the following person to the District II Seat on the Contra Costa County Merit Board for a four-year term
with an expiration date of June 30, 2021, as recommended by Supervisor Candace Andersen:
Dennis Reigle
Danville, CA 94506
FISCAL IMPACT:
None.
BACKGROUND:
The Contra Costa County Merit Board consists of five (5) residents of Contra Costa County who are neither County
or District employees nor employees of any organization representing County or District employees. Merit Board
members shall be appointed by the Board of Supervisors. They are given the following powers and duties:
• The Merit Board shall hear and make final determinations on: appeals from orders and actions of dismissal;
suspension; or reduction in rank or compensation unless alternative jurisdiction is conferred by the board of
supervisors. When it is given such jurisdiction by the Board of Supervisors, it may decide discrimination complaints
and other matters.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: District 2 Supervisor, Maddy Book, Merit Board, Appointee
C. 30
To:Board of Supervisors
From:Candace Andersen, District II Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:APPOINTMENT TO THE CONTRA COSTA COUNTY MERIT BOARD
August 1, 2017 Contra Costa County Board of Supervisors Minutes 426
BACKGROUND: (CONT'D)
• It shall hear and make recommended determinations on other matters, when it is given jurisdiction of such matters
by the Board of Supervisors.
• The Merit Board as a whole shall monitor the operation of the County Personnel Management System including the
Merit System and report its recommendations from time to time to the Board of Supervisors.
CONSEQUENCE OF NEGATIVE ACTION:
The District II Seat will remain vacant.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 427
RECOMMENDATION(S):
Approve the medical staff appointments and reappointments, additional privileges, advancements, and voluntary
resignations as recommend by the Medical Staff Executive Committee, at their July 5, 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. 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: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Tasha Scott, Marcy Wilhelm, Tami Sloan
C. 31
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Medical Staff Appointments and Reappointments – July 2017
August 1, 2017 Contra Costa County Board of Supervisors Minutes 428
ATTACHMENTS
Attachments
August 1, 2017 Contra Costa County Board of Supervisors Minutes 429
MEC Recommendations – JULY 2017 Definitions: A=Active
C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 1
A. New Medical Staff Membership
Androuw Carrasco, MD ED (Global Health Fellow)
Frank Chiricosta, MD Pathology
B. Request for Additional Privileges
Caroline Mogler, MD Hospitalist Post Grad Privileges
Allison Newman, MD OB/GYN Hospitalist
Jessica Standish, MD Hospitalist Family Medicine
Courtney Wright, MD OB/GYN Abortion Second Trimester
C. Advance to Non-Provisional
Erin Daisley, FNP Family Medicine
Estelita Marquez-Floyd, MD Psychiatry/Psychology
Francisca Niameh, Psy.D Psychiatry/Psychology
D. Biennial Reappointments
Frederick Adler, MD Emergency Medicine A
Larkin Breed, MD Diagnostic Imaging C
Daniel Cremin, MD Internal Medicine (Outpatient) A
Cinnie Chou, MD Family Medicine A
Elliot Dushkin, DDS Dental A
Jessica Hamilton, MD Family Medicine A
Robert Liebig, MD Diagnostic Imaging A
Bailey Lee, MD Diagnostic Imaging C
Sara Levin, MD Internal Medicine (Outpatient) A
Gilbert Newman, PhD Psychiatry/Psychology C
Sunil Kishan, MD Psychiatry/Psychology C
Joshua Perlroth, MD Internal Medicine (Infectious Disease) C
Joachim Raese, MD Psychiatry/Psychology A
Brenda Reilly, MD Emergency Medicine C
Abraham Rice, MD Pediatrics A
John Rostkowski, MD Psychiatry/Psychology A
Gabriela Sullivan, MD Internal Medicine A
Margaret Thayer, PhD Psychiatry/Psychology C
Brandon Vance,MD Psychiatry/Psychology C
Ronald Wasserman, MD Internal Medicine (Infectious Disease) C
Lauren Wondolowski, MD Family Medicine A
Howard Young, MD Diagnostic Imaging C
E. Biennial Renew of Privileges
Tamra Groode, FNP, RN, NP Pediatrics AFF
Cynthia Hellman-Wylie, NP Internal Medicine AFF
Renan Sagum, NP Family Medicine AFF
Howard Shaw, NP Family Medicine AFF
August 1, 2017 Contra Costa County Board of Supervisors Minutes 430
MEC Recommendations – JULY 2017 Definitions: A=Active
C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 2
F. Teleradiologist (VRAD) Reappointments
Alan Pratt, MD vRad
G. Voluntary Resignations
Nicole Baltrushes-Hughes, MD Hospitalist
John Hartmann, MD Psychiatry/Psychology
Karen Marcus, MD Psychiatry/Psychology
Marc McDaniel, MD Psychiatry/Psychology
Paul Shen, MD Family Medicine
David Weiland, MD Internal Medicine-Cardiology
August 1, 2017 Contra Costa County Board of Supervisors Minutes 431
RECOMMENDATION(S):
APPROVE Appropriation and Revenue Adjustment No. 5002 increasing fiscal year 2016/17 revenue and
appropriations in the Sheriff's Office (0255) in the amount of $656,500 for the to reflect anticipated revenue and
expenditures association with the purchase of Livescan equipment.
FISCAL IMPACT:
This action increases fiscal year 2016/17 revenue and appropriations by $656,500. There is no change in net county
cost.
BACKGROUND:
In 1985, the legislators enacted California Penal Code (PC) section 1112.1. The law directed the California
Department of Justice (DOJ) to develop a California Identification System (CAL-ID).
The CAL-ID local RAN (Remote Access Network) board approved funding in fiscal year 14/15 in the amount of
$200,000 for the purchase of new LiveScan hardware equipment. Due to project delays, the LiveScan equipment was
not purchased in fiscal year 14/15. During the fiscal year 15/16 RAN board meeting, the board approved an
additional $600,000 to upgrade the LiveScan equipment. By December 2016 the upgraded LiveScan equipment was
purchased and installed at all Law Enforcement Agencies throughout the County.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 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. 32
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:August 1, 2017
Contra
Costa
County
Subject:Cal ID Appropriation Adjustment - Livescan
August 1, 2017 Contra Costa County Board of Supervisors Minutes 432
CONSEQUENCE OF NEGATIVE ACTION:
Fiscal year 2016/17 appropriations and revenue will not accurately reflect anticipated revenue and expenditures.
CHILDREN'S IMPACT STATEMENT:
No impact.
CLERK'S ADDENDUM
CORRECTED to READ: Sheriff's Office (0255): APPROVE Appropriation and Revenue Adjustment No. 5002
5114 increasing fiscal year 2016/17 revenue and appropriations in the Sheriff's Office (0255) in the amount of
$656,500 for the to reflect anticipated revenue and expenditures association with the purchase of Livescan
equipment. (100% CAL-ID funds)
AGENDA ATTACHMENTS
FY 2016/17 Appropriations and Revenue Adjustment No. 5002
MINUTES ATTACHMENTS
Signed: Appropriations and Revenue Adjustment No. 5014
August 1, 2017 Contra Costa County Board of Supervisors Minutes 433
August 1, 2017Contra Costa County Board of Supervisors Minutes434
August 1, 2017Contra Costa County Board of Supervisors Minutes435
August 1, 2017 Contra Costa County Board of Supervisors Minutes 436
August 1, 2017 Contra Costa County Board of Supervisors Minutes 437
RECOMMENDATION(S):
APPROVE Appropriations and Revenue Adjustment No. 5109 increasing fiscal year 2016/17 revenue and
appropriations in the Supplemental Law Enforcement Services Fund (Fund No. 114300) in the amount of $78,505 to
reflect anticipated revenue and expenditures.
FISCAL IMPACT:
This action increases estimated revenue by $78,505 to reflect anticipated apportionments from the State and align
with projected expenditures for fiscal year 2016/17.
BACKGROUND:
The County receives funding to the Supplemental Law Enforcement Services Account (SLESA) pursuant to
Government Code sections 30061-30063. The funding is allocated in statute to certain law enforcement activities,
including:criminal prosecution, county front line law enforcement, city front line law enforcement, county jail
operations and juvenile probation.
Prior to development of the SLESA, counties received this funding through the Supplemental Law Enforcement
Services Fund (SLESF) since the mid-1990s.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: David Livingston, Sheriff-Coroner
C. 33
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:FY 2016/17 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 438
BACKGROUND: (CONT'D)
In Contra Costa County, SLESA revenue is recognized in the 2011 Local Revenue Fund, then transferred to the
SLESF for distribution to appropriate county departments and municipalities pursuant to the Government Code.
Today's action makes adjustments to the estimated revenue and expenditure appropriations reflect anticipated
revenue and expenditures for fiscal year 2016/17.
CONSEQUENCE OF NEGATIVE ACTION:
Appropriations and estimated revenue will not accurately reflect current projections.
AGENDA ATTACHMENTS
TC24/27_5109
MINUTES ATTACHMENTS
Signed: Appropriations and Revenue Adjustment No. 5109
August 1, 2017 Contra Costa County Board of Supervisors Minutes 439
August 1, 2017 Contra Costa County Board of Supervisors Minutes 440
August 1, 2017 Contra Costa County Board of Supervisors Minutes 441
August 1, 2017 Contra Costa County Board of Supervisors Minutes 442
August 1, 2017 Contra Costa County Board of Supervisors Minutes 443
RECOMMENDATION(S):
APPROVE Fiscal Year 2016/17 Appropriation and Revenue Adjustment No. 5105 and AUTHORIZE new revenue
in Stormwater Utility A-12 Pittsburg, Fund 251200, for Stormwater Pollution Center fees in the amount of $30,500,
as recommended by the Public Works Director, Countywide.
FISCAL IMPACT:
This action provides additional appropriations from unanticipated realized revenue and budgets for expenditures for
Fiscal Year 2016/17 (100% Stormwater Utility A-12 Pittsburg).
BACKGROUND:
This action appropriates unanticipated Fiscal Year 2016/17 revenue and provides adjustments to Stormwater Utility
A-12 Pittsburg for estimated expenditures.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, expenditures will exceed current budgets in Stormwater Utility A-12 Pittsburg.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Shirley Lau, 925.
313-2035
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 34
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Revenue Adjustment for Unanticipated Revenue and Appropriation for Estimated Expenditures in Stormwater Utility
Fund for Fiscal Year 2016-17
August 1, 2017 Contra Costa County Board of Supervisors Minutes 444
AGENDA ATTACHMENTS
AP 5105
MINUTES ATTACHMENTS
Signed: Appropriations and Revenue Adjustment no.
5105
August 1, 2017 Contra Costa County Board of Supervisors Minutes 445
August 1, 2017Contra Costa County Board of Supervisors Minutes446
August 1, 2017Contra Costa County Board of Supervisors Minutes447
August 1, 2017 Contra Costa County Board of Supervisors Minutes 448
August 1, 2017 Contra Costa County Board of Supervisors Minutes 449
RECOMMENDATION(S):
APPROVE Fiscal Year 2016/17 Appropriation and Revenue Adjustment No. 5104 and AUTHORIZE new revenue
in Special District CSA R-4 Moraga, Fund 275100, for property tax and assessment fees in the amount of $809 and
CSA R-10 Rodeo, Fund 276000, for miscellaneous revenue in the amount of $260,210, as recommended by the
Public Works Director, Countywide.
FISCAL IMPACT:
This action provides additional appropriations from unanticipated realized revenues in Special District Funds and
budgets for expenditures for Fiscal Year 2016/17 (0.3% CSA R-4, 99.7% CSA R-10).
BACKGROUND:
This action appropriates unanticipated Fiscal Year 2016/17 revenue and provides adjustments to Special District
Funds for estimated expenditures.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, expenditures will exceed current budgets in Special District Funds.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Michelle Stella, 925.
313-2123
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 35
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:Revenue Adjustment for Unanticipated Revenue and Appropriation for Estimated Expenditures in Various Special
District Funds for Fiscal Year 2016/17
August 1, 2017 Contra Costa County Board of Supervisors Minutes 450
AGENDA ATTACHMENTS
AP 5104
MINUTES ATTACHMENTS
Signed: Appropriations and Revenue Adjustment No.
5104.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 451
August 1, 2017Contra Costa County Board of Supervisors Minutes452
August 1, 2017Contra Costa County Board of Supervisors Minutes453
August 1, 2017 Contra Costa County Board of Supervisors Minutes 454
August 1, 2017 Contra Costa County Board of Supervisors Minutes 455
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22084 to add one (1) Account Clerk - Advanced Level (JDTD)
(represented) full-time position at salary level 3RX 1133 ($3,651–$4,663): and cancel one (1) Accounting
Technician (JD7A) (represented) vacant position #14052 at salary level 3RX 1236 ($4,043-$5,163) in the Public
Works Department.
FISCAL IMPACT:
There is an anticipated annual cost savings of $7,992.
BACKGROUND:
The Public Works Department has determined that an Accounting Technician vacant position is no longer necessary
within its operations. Thus, the Department is requesting to add instead an Account Clerk - Advanced Level position
for the Department’s Finance Division. This position will be responsible for processing purchase orders and
contracts, completing Board Orders, and for inventory control of the Facilities and Fleet Divisions.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Kelli Zenn, 925-313-2108
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: kelli Zenn
C. 36
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:ADD one Account Clerk Advanced Level position and CANCEL one Accounting Technician position in the Public
Works Department
August 1, 2017 Contra Costa County Board of Supervisors Minutes 456
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Public Works Department will not have the appropriate classification to support
the required work functions of the Public Works Finance Division.
AGENDA ATTACHMENTS
AIR 28097 P300 22084
MINUTES ATTACHMENTS
Signed P300 22084
August 1, 2017 Contra Costa County Board of Supervisors Minutes 457
POSITION ADJUSTMENT REQUEST
NO. 22084
DATE 2/6/2017
Department No./
Department Public Works Budget Unit No. 0650 Org No. 4503 Agency No. 65
Action Requested: Add one Account Clerk Advanced Level (JDTD) (represented) position at salary level 3RX 1133 ($3,651–
$4,663): and CANCEL one (1) Accounting Technician (JD7A) (represented) vacant position #14052 at salary level 3RX 1236
($4,043-$5,163) in the Public Works Department.
Proposed Effective Date:
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 -7996 Net County Cost 0
Total this FY -666 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Salary Savings
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Julia R. Bueren
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 5/11/17
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 7/10/2017
Add one (1) Account Clerk - Advanced Level (JDTD) (represented) position at salary level 3RX 1133 ($3,651 –$4,663): and
cancel one (1) Accounting Technician (JD7A) (represented) vacant position #14052 at salary level 3RX 1236 ($4,043-$5,163)
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Eva Barrios 7/10/2017
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 458
REQUEST FOR PROJECT POSITIONS
Department Date 7/11/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 459
August 1, 2017 Contra Costa County Board of Supervisors Minutes 460
RECOMMENDATION(S):
Adopt Position Adjustment Resolution No. 22121 to add one permanent full time Public Health Program Specialist I
(VBSD) position at salary level ZA5-1602 ($5,655 - $6,873), cancel one vacant permanent full time Clerk – Senior
Level position #6279 at salary level 3RX-1033 ($3,210 - $4,100) and cancel one vacant permanent full time Home
Economist position #13893 at salary level TC5 - 1430 ($4,521 - $5,495) in the Health Services Department.
(Represented)
FISCAL IMPACT:
Upon approval, there will be an annual cost savings of approximately $59,556, which includes estimated pension cost
savings of $11,597.
BACKGROUND:
The Health Services Department is requesting to cancel a vacant Clerk – Senior Level position and a vacant Home
Economist position, and add a Public Health Program Specialist I position for its Public Health Division’s Women,
Infant and Children (WIC) Program.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Melissa Carofanello -
925-957-5248
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 37
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:August 1, 2017
Contra
Costa
County
Subject:Cancel one Clerk – Senior Level and one Home Economist and add one Public Health Program Specialist I positions
in Health Services Department
August 1, 2017 Contra Costa County Board of Supervisors Minutes 461
BACKGROUND: (CONT'D)
As part of WIC's reorganization, one of the primary goals is to establish a site manager for each of their four sites
located in Richmond, Concord, Pittsburg and Brentwood. This requested Public Health Program Specialist I will
complete the management component of the reorganization. The Department has determined the Clerk-Senior and
Home Economist positions are no longer necessary and the Public Health Program Specialist I classification
would better serve the organizational and programmatic needs of its Women, Infant and Children Program.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Public Health Division will not have adequate staff to effectively administer the
Women, Infant and Children (WIC) Program which is necessary to meet the needs of the clients and their families.
CHILDREN'S IMPACT STATEMENT:
AGENDA ATTACHMENTS
P300 No. 22121 HSD
MINUTES ATTACHMENTS
Signed P300 22121
August 1, 2017 Contra Costa County Board of Supervisors Minutes 462
POSITION ADJUSTMENT REQUEST
NO. 22121
DATE 5/10/2017
Department No./
Department Health Services Budget Unit No. 0450 Org No. 5828 Agency No. A18
Action Requested: Add one Public Health Program Specialist I (VBSD) position, and cancel vacant Home Economist position
#13893 and vacant Clerk-Senior Level (JWXC) position #6279 in the Health Services Department.
Proposed Effective Date: 8/2/2017
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 ($59,555.72) Net County Cost $0.00
Total this FY ($54,592.74) N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Jo-Anne Linares
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 7/24/2017
___________________________________ ________________
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 7/24/2017
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 463
REQUEST FOR PROJECT POSITIONS
Department Date 7/27/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 464
August 1, 2017 Contra Costa County Board of Supervisors Minutes 465
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22114 to add one EHS Division Manager (XADD) (represented)
position at Salary Plan and Grade ZA2 1841 ($7603-$9732), one Social Worker Supervisor II (X0HA) (represented)
position at Salary Plan and Grade 2I5 1745 ($6709-$8155), six Social Worker II (X0WB) (represented) positions at
Salary Plan and Grade 255 1553 ($5547-$6116), two Social Services Program Assistant (X0SA) (represented)
positions at Salary Plan and Grade 255 1384 ($4693-$5704), and one Senior Social Services Information Systems
Analyst (XQVC) (represented) position at Salary Plan and Grade KZ5 1837 ($7350-$8104) in the Employment and
Human Services Department.
FISCAL IMPACT:
Upon approval, this action will have an approximate annual cost of $1,396,603 with estimated annual pension costs
of $488,811. This cost for new positions will be offset by the revenue received by Health Services Department from
California Department of Health Care Services/Whole Person Care (WPC) Pilot Program funds. Under an
interdepartmental agreement between Employment and Human Services and Health Services departments, Health
Services will transfer to EHSD WPC revenue to cover personnel costs for EHSD personnel assigned to the project.
(100% State revenue)
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Holly Trieu (925)
313-1560
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Holly Trieu
C. 38
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Add 11 full time represented positions for the Whole Person Care (WPC) Pilot Project in EHSD
August 1, 2017 Contra Costa County Board of Supervisors Minutes 466
BACKGROUND:
In July, 2016 Contra Costa County Health Services Department submitted a proposal to the California
Department of Health Care Services to implement a Whole Person Care (WPC) Pilot Program in the county. The
goal of the pilot program is to increase the coordination of health, behavioral health, and social services for
Medi-Cal recipients who are at high risk of utilizing high acuity medical service across multiple delivery systems.
Two of the major aspects of the service delivery model for this pilot program are team-based case management
and care coordination.
In October, 2016 California Department of Health Care Services awarded Health Services Department
$40,000,000 annually over five years to implement a WPC Pilot Program along with eighteen other county health
care systems. The program will integrate physical health, behavioral health, and social services in a
patient-centered manner to improve the health and well-being of Medi-Cal recipients. Health Services Department
created an interdepartmental agreement with Employment and Human Services Department (EHSD) to provide
case management and care coordination of social services for the Medi-Cal recipients. The WPC Pilot Program
will include interdisciplinary work teams that include EHSD social work staff and the Health Services staff. The
staff will be housed at the WPC work site. In order to provide the social service case management and care
coordination for this program, EHSD is requesting to add 11 new full-time positions.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, EHSD will not be able to provide the requisite staff needed to participate in the
WPC Pilot Program, and Health Services will be forced to explore other alternatives for social service case
management and care coordination services, potentially risking a successful implementation of a county WPC
pilot program.
AGENDA ATTACHMENTS
P300 No. 22114 EHSD
P300 No. 22114 Attachment 1-A
MINUTES ATTACHMENTS
Signed P300 22114
August 1, 2017 Contra Costa County Board of Supervisors Minutes 467
POSITION ADJUSTMENT REQUEST
NO. 22114
DATE 6/29/2017
Department No./
Department Employment and Human Services Budget Unit No. 0501 Org No. 5140 Agency No. A19
Action Requested: Add the following 11 represented positions in EHSD: one EHS Division Manager (XADD), one Social
Worker Supervisor II (X0HA), six Social Worker II (X0WB), two Social Services Program Assistant (XOSA) and one Sr. Social
Services Information Systems Analyst (XQVC).
Proposed Effective Date: 7/18/2017
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 $1,396,603.00 Net County Cost $0.00
Total this FY $1,396,603.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT State 100% Whole Person Care Grant (Health Services)
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Holly Trieu 925-313-1560
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 7/18/2017
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
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
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 468
REQUEST FOR PROJECT POSITIONS
Department Date 7/18/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 469
August 1, 2017 Contra Costa County Board of Supervisors Minutes 470
BOARD OF SUPERVISORS ATTACHMENT 1-A
AIR #30383
P300 #22114 –Employment and Human Services Department
AUGUST 1, 2017
ADOPT Position Adjustment Resolution #22114 to add:
One (1) EHS Division Manager (XADD) (represented) position at Salary Plan and Grade ZA2 1841 ($7603-$9732);
One (1) Social Work Supervisor II (X0HA) (represented) position at Salary Plan and Grade 2I5 1745 ($6709-$8155);
Six (6) Social Worker II (X0WB) (represented) positions at Salary Plan and Grade 255 1553 ($5547-$6116);
Two (2) Social Services Program Assistant (X0SA) (represented) positions at Salary Plan and Grade 255 1384 ($4693-
$5704); and
One (1) Senior Social Services Information Systems Analyst (XQVC) (represented)position at Salary Plan and Grade KZ5
1837 ($7350-$8104)
in the Employment and Human Services Department.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 471
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22122 to add one (1) full-time Medical Staff Coordinator (VASC)
position at salary plan and grade level 3R5 1246 ($3,975 - $4,831) and cancel vacant Clerk - Experienced Level
(JWXB) position #13988 at salary plan and grade level 3RH 0750 ($2,905 - $3,605) in the Health Services
Department. (Represented).
FISCAL IMPACT:
Upon approval, this action has an annual cost of approximately $21,633 and includes $5,224 in estimated pension
cost. The cost will be entirely funded by Third Party revenues.
BACKGROUND:
The Health Services Department is requesting to add one full-time Medical Staff Coordinator (VASC) and cancel
one vacant Clerk - Experienced Level position. The workload in the Residency Office has increased dramatically
from 2010 to 2017 with an increase in the regulatory requirements for on-boarding and supporting up to forty (40)
resident physicians. In addition, the scheduling work for resident family medicine clinics and supervising faculty has
increased greatly, with an increase from 263 clinics per 4 week block in 2010 to over 300 clinics per week planned
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: 925-957-5240
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 39
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:August 1, 2017
Contra
Costa
County
Subject:Add and cancel positions in the Health Services Department
August 1, 2017 Contra Costa County Board of Supervisors Minutes 472
BACKGROUND: (CONT'D)
for 2018, an increase of approximately 15%. As well, there are additional different types of clinics scheduled by
our office for residents.
Due to the diligent work of staffers, resident family medicine clinics are nearly never canceled at the last minute
aside from sick call by the resident physician; of the hundreds of clinics scheduled, fewer than one per month is
canceled. In the first ten months of the 2016-2017 academic year, our resident physicians staffed 70 Family
Medicine clinics per week (at four clinical health centers) and had a total of approximately 21,000 patients
scheduled in their Family Medicine clinics with over 17,000 completed visits.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the deliverable regulatory requirements for on-boarding, off-boarding, and
supporting of resident physicians will not be achieved.
AGENDA ATTACHMENTS
P300 No. 22122 HSD
MINUTES ATTACHMENTS
Signed P300 22122
August 1, 2017 Contra Costa County Board of Supervisors Minutes 473
POSITION ADJUSTMENT REQUEST
NO. 22122
DATE 7/6/2017
Department No./
Department Health Services/Medical Care Admin Budget Unit No. 0540 Org No. 6544 Agency No. A18
Action Requested: Add one (1) full-time Medical Staff Coordinator (VASC) position and cancel one (1) full-time vacant Clerk -
Experienced Level position #13988 in the Health Services Department.
Proposed Effective Date: 8/2/2017
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 $21,632.99 Net County Cost $0.00
Total this FY $18,027.49 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Third Party Revenues
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Abigail O'Connor
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
___________________________________ ________________
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 7/24/2017
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 474
REQUEST FOR PROJECT POSITIONS
Department Date 7/24/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 475
August 1, 2017 Contra Costa County Board of Supervisors Minutes 476
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22123 to increase the hours of permanent part-time Cook (1KWA)
position #7713 (represented) at salary plan and grade level TB5 1059 ($3,303 - $4,015) from 24/40 to 40/40 in the
Health Services Department.
FISCAL IMPACT:
Upon approval, this action will increase the permanent position's annual cost by approximately $28,326 and $6,841 in
pension cost. However, the incumbent has been working the increased hours, therefore, the action is cost neutral.
BACKGROUND:
The Health Services Department is requesting to increase the hours of permanent part-time Cook position #7713
(represented) from 24/40 to 40/40. The incumbent has been working the increased hours for the past six (6) months
due to the coverage needed to cook daily meals for patients, clean, prepare for the next meal service, log inventory,
and perform product rotation.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, there will not be enough staff hours to meet the patient nutritional needs.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: 925-957-5240
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 40
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:August 1, 2017
Contra
Costa
County
Subject:Increase position hours in the Health Services Department
August 1, 2017 Contra Costa County Board of Supervisors Minutes 477
AGENDA
ATTACHMENTS
P300 No. 22123 HSD
MINUTES
ATTACHMENTS
Signed P300 22123
August 1, 2017 Contra Costa County Board of Supervisors Minutes 478
POSITION ADJUSTMENT REQUEST
NO. 22123
DATE 7/6/2017
Department No./
Department Health Services/Food Service Budget Unit No. 0540 Org No. 6501 Agency No. A18
Action Requested: Increase hours of one (1) permanent part-time Cook (1KWA) position #7713 from 24/40 to 40/40 in the
Health Services Department.
Proposed Effective Date: 8/2/2017
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 $28,325.61 Net County Cost $0.00
Total this FY $23,604.67 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost neutral due to offset of overtime costs
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Abigail O'Connor
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 7/24/2017
___________________________________ ________________
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 7/24/2017
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 479
REQUEST FOR PROJECT POSITIONS
Department Date 7/24/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 480
August 1, 2017 Contra Costa County Board of Supervisors Minutes 481
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22124 to add one (1) Administrative Aide (AP7A) position at salary
level B85-0972 ($3,122-$4,844) and cancel one (1) Administrative Analyst (APWA) position #16898 at salary level
ZB5-1277 ($4,222-$5,131) in the Health Services Department. (Represented)
FISCAL IMPACT:
Upon approval, this action has an estimated annual cost savings of approximately $5,072 which includes a savings of
$1,225 in pension costs.
BACKGROUND:
Contra Costa Health Services (CCHS) received a $40M grant under the Whole Person Care statewide waiver pilot
program to serve vulnerable Med-Cal recipients. CCHS called the program Community Connect Program. The goal
of the Community Connect Program is to provide patient centered services to homeless individuals and families. A
patient centered service includes access to nutritious food and safe housing that promote active living. Coordination
with county departments, Community Based Organizations and residents are important to continue and enhance
community engagement and municipal partnerships.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Arlene Lozada
(925)957-5240
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 41
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:August 1, 2017
Contra
Costa
County
Subject:Add one (1) full time Administrative Aide position and cancel one (1) Administrative Analyst position in the Health
Services Department.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 482
BACKGROUND: (CONT'D)
During the process of creating positions for the Community Connect Program, it was initially determined that an
Administrative Analyst position is needed to assist with the overall administrative activities of the Whole Person
Grant requirements. However, subsequently, the department decided to utilize Health Services Planner Evaluator
positions to handle certain analytical aspect of the program. In addition, it was determined that using and
Administrative Aide instead of an Administrative Analyst is more appropriate. The Administrative Aide will
assist with clerical and administrative tasks and will provide support to the Health Services Planner Evaluator
incumbents. Under close supervision, the Administrative Aide completes long term administrative projects which
may require statistical research, budget analysis, organizational studies, legislative analysis and oral/written
reports.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, deliverable requirements of the Whole Person Care Grant will not be achieved.
AGENDA ATTACHMENTS
P300 No. 22124 HSD
MINUTES ATTACHMENTS
Signed P300 22124
August 1, 2017 Contra Costa County Board of Supervisors Minutes 483
POSITION ADJUSTMENT REQUEST
NO. 22124
DATE 7/14/2017
Department No./
Department Health Services Budget Unit No. 0450 Org No. 5754 Agency No. A18
Action Requested: Add one (1) Administrative Aide (AP7A) position and cancel one (1) vacant Administrative Analyst
(APWA) position #16898 in the Health Services Department.
Proposed Effective Date: 8/2/2017
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 ($5,071.71) Net County Cost $0.00
Total this FY ($3,803.78) N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Whole Person Care Grant
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Arlene J. Lozada
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 7/24/2017
___________________________________ ________________
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 7/24/2017
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 484
REQUEST FOR PROJECT POSITIONS
Department Date 7/24/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 485
August 1, 2017 Contra Costa County Board of Supervisors Minutes 486
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22117 to add one (1) full-time Human Resources Manager-Exempt
(AGD4) (unrepresented) position at salary plan and grade B85 1954 ($8,256.60 - $11,064.64) and cancel one (1)
Employee Benefits Manager-Exempt (AGD2) (unrepresented) position number 12680 at salary plan and grade B85
1953 ($8,248.43 - $11,053.69) in the Human Resources Department.
FISCAL IMPACT:
Upon approval, this action will result in an annual cost increase of approximately $132 and has been approved in the
Human Resources Department's FY 17-18 budget. (Offset through the Benefits Administration Fee)
BACKGROUND:
The Human Resources Department has reorganized the management structure to meet the immediate operational
needs and support the future needs of the department. The addition of this Human Resources Manager position will
complete the organizational restructure of the department.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Dianne Dinsmore, 925
335-1770
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Dianne Dinsmore, Nancy Zandonella
C. 42
To:Board of Supervisors
From:Dianne Dinsmore, Human Resources Director
Date:August 1, 2017
Contra
Costa
County
Subject:Add one Human Resources Manager-Exempt position and cancel the Employee Benefits Manager-Exempt
August 1, 2017 Contra Costa County Board of Supervisors Minutes 487
CONSEQUENCE OF NEGATIVE ACTION:
Without approval, the Human Resource Department will not meet current and future operational needs.
AGENDA ATTACHMENTS
P300 22117
MINUTES ATTACHMENTS
Signed P300 22117
August 1, 2017 Contra Costa County Board of Supervisors Minutes 488
POSITION ADJUSTMENT REQUEST
NO. 22117
DATE 7/14/2017
Department No./
Department Human Resources Budget Unit No. 0035 Org No. 1305 Agency No. A05
Action Requested: Add Human Resources Manager-Exempt and Cancel Employee Benefits Manager-Exempt
Proposed Effective Date: 8/2/2017
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 $0.00 Net County Cost $0.00
Total this FY $0.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost neutral
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Mary Jane De Jesus-Saepharn
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 7/24/2017
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 7/14/2017
Adopt Position Adjustment Resolution No. 22117 to add one (1) full-time Human Resources Manager-Exempt (AGD4)
(unrepresented) position at salary plan and grade B85 1954 ($8,256.60 - $11,064.64) and cancel one (1) Employee Benefits
Manager-Exempt (AGD2) (unrepresented) position number 12680 at salary plan and grade B85 1953 ($8,248.43 -
$11,053.69) in the Human Resources Department.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Dianne Dinsmore 7/13/17
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 489
REQUEST FOR PROJECT POSITIONS
Department Date 7/24/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 490
August 1, 2017 Contra Costa County Board of Supervisors Minutes 491
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22118 to add one (1) Deputy County Counsel-Standard-Exempt (2ET2)
(unrepresented) position at salary plan and grade B8B 2097 ($10,134.79 - $12,047.08) and cancel one (1) Deputy
County Counsel - Advanced (2ETK) (unrepresented) vacant position No. 11092 at salary plan and grade B8B 2297
($12,354.26 - $14,685.34) in the Office of the County Counsel.
FISCAL IMPACT:
If approved, this action will result in an annual savings of approximately $36,230.
BACKGROUND:
The purpose of this action is to enable the Office of the County Counsel to hire an attorney who has the specialized
training and/or expertise in specified areas of civil law, so that the department can efficiently and effectively fulfill the
County's legal needs.
CONSEQUENCE OF NEGATIVE ACTION:
The reduction in salary costs to be achieved through cancellation of the existing position and addition of the new
position would not be realized.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Wanda McAdoo
C. 43
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:August 1, 2017
Contra
Costa
County
Subject:Add one Deputy County Counsel Counsel-Standard-Exempt position and cancel one Deputy County
Counsel-Advanced position in the Office of County Counsel
August 1, 2017 Contra Costa County Board of Supervisors Minutes 492
AGENDA
ATTACHMENTS
AIR 30590 P300 22118
MINUTES
ATTACHMENTS
Signed P300 22118
August 1, 2017 Contra Costa County Board of Supervisors Minutes 493
POSITION ADJUSTMENT REQUEST
NO. 22118
DATE 8/1/2017
Department No./
Department Office of the County Counsel Budget Unit No. 0030 Org No. 1700 Agency No. 17
Action Requested: ADOPT Position Adjustment Resolution No. 22118 to add one Deputy County Counsel-Standard-Exempt
(unrepresented) position and cancel one Deputy County Counsel - Advanced (unrepresented) vacant position in the Office of
the County Counsel. (Salary Savings)
Proposed Effective Date: 8/1/2017
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 ($42,739.00) Net County Cost $0.00
Total this FY ($36,230.00) N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Sharon L. Anderson
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
L.Strobel 7/24/17
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
ADOPT Position Adjustment Resolution No. 22118 to add one (1) Deputy County Counsel-Standard-Exempt (2ET2)
(unrepresented) position at salary plan and grade B8B 2097 ($10,134.79 - $12,047.08) and cancel one (1) Deputy County
Counsel - Advanced (2ETK) (unrepresented) vacant position No. 11092 at salary plan and grade B8B 2297 ($12,354.26 -
$14,685.34) in the Office of the County Counsel.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Lauren Ludwig 7/25/2017
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 494
REQUEST FOR PROJECT POSITIONS
Department Date 7/25/2017 No. xx
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 495
August 1, 2017 Contra Costa County Board of Supervisors Minutes 496
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22125 to add one (1) permanent full-time Network Analyst II (LBTA)
position at salary grade ZA5-1787($6,995-$8,503) and cancel one vacant permanent full-time Network Administrator
II (LNSB) position #15523 at salary grade ZA5-1787 ($6,995-$8,503) in the Health Services Department.
(Represented)
FISCAL IMPACT:
Upon approval, this action will have no fiscal impact since it is cost neutral.
BACKGROUND:
Contra Costa County Health Services (CCHS) Information Technology (IT) Unit is requesting to add one Network
Analyst II (LBTA) position and cancel one Network Administrator II (LNSB) position. The Network Analyst II
position is being requested to support applications that require a higher technical troubleshooting skill sets. In order to
support high visibility network sensitive applications such as the new InContact automated call distribution (ACD)
system for the HSD Call Centers and the Health Care Interpreter Network (HCIN), the IT department is requesting
the skills of a Network Analyst II. The duties of the new Network Analyst II position will include focusing on
routing, switching and application delivery, Quality of Service (QoS), and Lan/Wan/wireless design and
troubleshooting.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 44
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:August 1, 2017
Contra
Costa
County
Subject:Add and cancel positions in the Health Services Department.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 497
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Information Technology Department will not have the appropriate staffing levels
for the new InContact automated call distribution (ACD) system nor will the IT department be able to provide
additional support for the Health Care Interpreter Network (HCIN).
AGENDA ATTACHMENTS
P300 No. 22125 HSD
MINUTES ATTACHMENTS
Signed P300 22125
August 1, 2017 Contra Costa County Board of Supervisors Minutes 498
POSITION ADJUSTMENT REQUEST
NO. 22125
DATE 7/17/2017
Department No./
Department HEALTH SERVICES Budget Unit No. 0540 Org No. 6555 Agency No. A18
Action Requested: Add one permanent full-time Network Analyst II (LBTA) position, and cancel vacant permanent full-time
40/40 Network Administrator II (LNSB) position #15523 in the Health Services Department.
Proposed Effective Date: 8/2/2017
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 $0.00 Net County Cost $0.00
Total this FY $0.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost neutral
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 7/27/2017
___________________________________ ________________
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 7/27/2017
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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 499
REQUEST FOR PROJECT POSITIONS
Department Date 7/27/2017 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
August 1, 2017 Contra Costa County Board of Supervisors Minutes 500
August 1, 2017 Contra Costa County Board of Supervisors Minutes 501
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a Memorandum of
Understanding with the California Agricultural Commissioners and Sealers Association (CACASA) in an amount not
to exceed $3,186 to provide pesticide use reporting activities for the period July 1, 2017 through December 31, 2017.
FISCAL IMPACT:
The Agriculture Department will be reimbursed an amount not to exceed $3,186 for activities related to pesticide use
reporting. There is no county match of funds nor grant monies involved. The amount has been anticipated and
budgeted for FY 17/18.
BACKGROUND:
The California Department of Pesticide Regulations (CDPR) no longer offers individual data submission contracts to
counties and has contracted with CACASA to provide the data storage, software and data communication
infrastructure for the reporting of pesticide use data. CACASA has simplified the overall process of the stat
submission contracts and is providing the online support to maintain the enhanced reporting capabilities. In order to
ease the transition from county personnel inputting the data to the user of the pesticide inputting the data, CACASA is
providing funding to counties during the transition period, in return for county agricultural commissioner's efforts to
provide on-going data input and training to submitters of data to use the new online submission program.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: 646-5250
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 45
To:Board of Supervisors
From:Matt Slattengren
Date:August 1, 2017
Contra
Costa
County
Subject:CACASA - County Pesticide Use Reporting MOU
August 1, 2017 Contra Costa County Board of Supervisors Minutes 502
CONSEQUENCE OF NEGATIVE ACTION:
If this request is not approved, the Department of Agriculture will not be reimbursed for the pesticide use reporting
program.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 503
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to accept
funding in the amount of $248,000 and execute an agreement, including an indemnification clause from Contra Costa
County Office of Education for Quality Matters for the period July 1, 2017 through June 30, 2018.
FISCAL IMPACT:
100% grant funding
Contra Costa County Office of Education
No County match
39-200-2
BACKGROUND:
The Department's Community Services Bureau (CSB) submitted a grant application to Contra Costa County Office
of Education to receive funding to implement a Quality Matters program through stipends for the Balboa, Bayo Vista,
Brookside, Crescent Park, George Miller-Concord, George Miller III - Richmond, Las Deltas, Lavonia Allen, Los
Arboles, Los Nogales, Riverview childcare centers. Stipends will also be granted
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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) 681-6389
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Nasim Eghlima, Janissa Rowley, Ressie Dayco
C. 46
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:2017-18 Quality Matters grant
August 1, 2017 Contra Costa County Board of Supervisors Minutes 504
BACKGROUND: (CONT'D)
to childcare partners, Little Angels Country School and First Baptist Head Start - Fairgrounds. Stipends will be used
to fund professional growth training for staff responsible for program implementation.
The stipends are awarded to child care centers to improve the quality services through enhanced professional
development for staff and updated, improved site materials. The stipends will be given out on a per classroom basis.
The site supervisors, under the direction of Community Services Bureau Assistant Directors, will determine what
specific site materials, such as play equipment or educational toys, will be purchased.
Professional development stipends will be distributed to selected classrooms, not to individuals, to fund site-based
training for classroom staff.
Selection of site award is determined by which sites have NAEYC (National Association of Education of Young
Children) and/or PMD (Preschool Makes a Difference) designations. The CSB Director will make final decisions
regarding stipend allocations. Allocation will be based on site designation, size of center population, and professional
learning needs as determined through assessment.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the department will not receive funding to implement Quality Rating System components.
CHILDREN'S IMPACT STATEMENT:
The Community Services Bureau of the Employment & Human Services Department’s Early Head Start program
supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in
School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe,
Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality
early childhood education, nutrition, and health services to low-income children throughout Contra Costa County.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 505
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Grant
Agreement #29-540-4 (CA1071L9T051604) from the United States Department of Housing and Urban Development
(HUD), Supportive Housing Program to receive funding, payable to County in an amount not to exceed $296,528, for
the County’s Homeless Destination Home Program, for the period December 1, 2017 through November 30, 2018.
FISCAL IMPACT:
Approval of this grant will result in an amount not to exceed $296,528 of funding from HUD. Required 25% cash
match in the amount of $28,892 will be provided by County. Match is already appropriated in the budget. No
additional appropriations required.
BACKGROUND:
The County’s Homeless Destination Home Program provides permanent supportive housing, case management and
assistance with enrolling in benefits and services, including access to peer support groups, are all part of a larger
continuum of services that allow individuals to work through many of the issues that led to their homelessness, while
simultaneously moving
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 47
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Grant Agreement #29-540-4 from the United States Department of Housing and Urban Development (HUD)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 506
BACKGROUND: (CONT'D)
toward a more sustainable future. Other benefits of the program include assistance in accessing benefits like
Medi-Cal and Supplemental Security Income/Social Security Disability Insurance, referral to services, health and life
skills education, crisis intervention and counseling. Participants enrolled will have access to County's Behavioral
Health Services/Mental Health, Health Care for the Homeless, and Alcohol and Other Drug Services.
Approval of Grant Agreement #29-540-4 will allow the County to continue the HUD Permanent Supportive Housing
Program, through November 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the County will not receive funding to support the County’s Homeless Destination
Home Program .
August 1, 2017 Contra Costa County Board of Supervisors Minutes 507
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with the City of
Richmond to permit the County Department of Information Technology to provide radio communications
maintenance services to the Richmond Police Department at the rate of $128 per hour plus the cost of any materials
and equipment, for the period July 1, 2017 through June 30, 2018.
FISCAL IMPACT:
Revenue for the DoIT's Telecommunications division.
BACKGROUND:
County Department of Information Technology's (DoIT) Telecommunications Division will provide the City of
Richmond Police Department with professional telecommunications and related services. Upon request, DoIT will
provide radio programming services or the City Police Departments radio equipment an service dispatch consoles at
the rate of $128 per hour, plus the cost of any materials and require equipment.
CONSEQUENCE OF NEGATIVE ACTION:
Reduced revenue for the radio division, which could increase labor costs.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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 925-408-9997
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 48
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Richmond Police Department Contract
August 1, 2017 Contra Costa County Board of Supervisors Minutes 508
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, designee, to apply for and accept a California Department of
Boating and Waterways Boating and Marine Safety and Operations Training Grant in an initial amount of $13,750
for the training of marine patrol personnel for period of September 25, 2017 to the end of the grant funding.
FISCAL IMPACT:
$13,750 Initial Revenue. No County match required.
BACKGROUND:
The State of California Department of Boating and Waterways (DBW) is prepared to award a training grant to the
Sheriff’s Office to provide Marine Patrol training for Boating Safety officers throughout the State. The grant funds
shall be used for personnel costs, purchases of necessary training materials and equipment and related costs
associated with providing maritime officer training courses. DBW recognizes the critical importance of providing
professional maritime boating safety and education training and, as such, requested the Sheriff’s Marine Patrol to
take part in maritime officer training courses.
CONSEQUENCE OF NEGATIVE ACTION:
Not accepting this grant funding would cost the County funds from the General Fund for training of personnel.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 49
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:August 1, 2017
Contra
Costa
County
Subject:California Department of Boating & Waterways Inland Boat Operator Training Grant
August 1, 2017 Contra Costa County Board of Supervisors Minutes 509
CHILDREN'S IMPACT STATEMENT:
No impact.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 510
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-448-5 with Edward Lau, M.D., an individual, in an amount not to exceed $266,240, to provide outpatient
psychiatric services at the East County Children’s Clinic, for the period from September 1, 2017 through August 31,
2018.
FISCAL IMPACT:
This Contract is funded 50% Federal Medi-Cal; 50% Mental Health Realignment. (No rate increase)
BACKGROUND:
On July 19, 2016, the Board of Supervisors approved Contract #74-448-4 with Edward Lau, M.D., for the period
from September 1, 2016 through August 31, 2017, for the provision of outpatient psychiatric services for children, at
the East County Children’s Clinic.
Approval of Contract #74-448-5 will allow the Contractor to continue providing outpatient psychiatric services
through August 31, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 50
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74-448-5 with Edward Lau, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 511
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care services.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 512
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-365-8 with Jee Hyun Guss, M.D., an individual, in an amount not to exceed $274,400. to provide outpatient
psychiatric services to adult patients in Central County for the period from September 1, 2017 through August 31,
2018.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No rate increase)
BACKGROUND:
On June 16, 2015, the Board of Supervisors approved Contract #74-365-7 with Jee Hyun Guss, M.D., to provide
outpatient psychiatric services including but not limited to, diagnosing, counseling, evaluating and providing medical
and therapeutic treatment and consulting, and training in medical and therapeutic matters to adult patients in Central
County, for the period from September 1, 2016 through August 31, 2017.
Approval of Contract #74-365-8 will allow the Contractor to continue to provide outpatient psychiatric services
through August 31, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L WALKER , M Wilhelm
C. 51
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74-365-8 with Jee Hyun Guss, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 513
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County clients will not have access to Contractor’s outpatient psychiatric services.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 514
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute contract
amendments with the following companies in the amounts and terms listed below. These contracts will be used by the
Department of Conservation and Development Weatherization Program to purchase items and/or services needed to
provide home weatherization services to low income residents throughout all of Contra Costa County.
Superior Mechanical Services, Inc.(C47536), to increase the payment amount by $150,000, from $140,000 to a
new payment limit of $290,000, and extend the term from July 31, 2017 through July 31, 2018 for the
purchase or repair of Mechanical Ventilation System;
1.
Robert Gurule (DBA Water Heaters Express – C47537), to increase the payment amount by $150,000, from
$200,000 to a new payment limit of $350,000, and extend the term from July 31, 2017 through July 31, 2018
for the purchase or repair of water heaters;
2.
McHale’s Insulation (C47732),to increase the payment amount by $150,000, from $300,000 to a new payment
limit of $450,000, and extend the term from December 31, 2017 through July 31, 2018 for the purchase or
repair of insulation;
3.
Ambient Air, Inc. (C49622), to increase the payment amount by $150,000, from $200,000 to a new payment
limit of $350,000, and extend the term from July 31, 2017 through July 31, 2018 for the purchase or repair of
Air Conditioning equipment;
4.
Ambient Air, Inc. (C49628), to increase the payment amount by $150,000, from $300,000 to a new payment
limit of $450,000, and extend the term from July 31, 2017 through July 31, 2018 for the purchase or repair of
heating equipment.
5.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Laura Glass 925-674-7834
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 52
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:August 1, 2017
Contra
Costa
County
Subject:Weatherization Contract Amendments
August 1, 2017 Contra Costa County Board of Supervisors Minutes 515
FISCAL IMPACT:
100% State and Federal Weatherization Program Funds for a variety of weatherization projects throughout the
County. No impact on the County General Fund.
BACKGROUND:
The Department of Conservation and Development (DCD) has partnered with the Employment and Human Services
Department (EHSD) for the past 20 years to provide energy-saving home improvements to low income families
throughout unincorporated Contra Costa County, as well as the County’s 19 cities. This funding is provided by State
and federal grant programs including, but not limited to, the Low Income Home Energy Assistance Program
(LIHEAP), the Energy Crisis Intervention Program (ECIP), the Department of Energy (DOE), and the Cap and Trade
Auction Funds for the Low Income Weatherization Program (LIWP) to reduce Greenhouse Gas Emissions.
With these grants, the Weatherization Program may provide homes with hot water heaters, furnaces, refrigerators,
microwaves, doors, windows, LED (light emitting diode) light bulbs, LED night lights, Tier 2 Advanced power strips,
occupancy sensors, 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.
Many contracts with current Weatherization Program vendors providing services are expiring July 31, 2017. The
most recent amendments were approved by the Board on March 28, 2017.
Under its grant funding contract, the Weatherization Program is required to meet minimum unit production goals
(number of homes weatherized) by the end of its grant contract term, July 31, 2018. Failure to maintain the required
production goals may result in the State reallocating our share of funding to other Counties and could jeopardize our
future funding. These contracts will allow the Weatherization Program to have ready access to water heaters and
other necessary supplies and equipment to weatherize homes and meet production goals.
CONSEQUENCE OF NEGATIVE ACTION:
A denial would prevent the replacement or repair of heating systems and water heaters and other services by contracts
with the State Community Services Department for Weatherization.
CHILDREN'S IMPACT STATEMENT:
Approval of this item will enable the Weatherization Program to purchase materials necessary to provide home
energy efficiency improvements to low-income households, which reduces living expenses and improves comfort
and quality of life for children residing in the households served. This supports outcomes Nos. 3 and 5 established in
the Children's Report Card: (3) Families are economically self-sufficient; and (5) Families are safe, stable and
nurturing.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 516
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Animal Services Department Director, or designee, to execute a contract
amendment with Beverley Penzien, DVM, dba Veterinary Medicine Services, effective June 1, 2017 to increase the
payment limit by $40,001 to a new payment limit of $140,000 for continued veterinarian shelter services with no
change to the original of September 1, 2016 through August 31, 2017.
FISCAL IMPACT:
Projected FY 2016-17 and FY 2017-18 contract cost are $140,000 (37% User Fees, 54% City Revenue, 9% County
General Fund).
BACKGROUND:
Dr. Beverley Penzien is responsible for providing medical care in our urgent and emergency veterinarian unit. The
proposed amendment will add $40,001 to the contract for additional medical services provided by the contractor,
necessitated by higher live release rates for health and adoptable animals.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approved this amendment will result in the loss of critically required veterinarian services, along with
endangering the lives of sheltered animal.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Arturo Castillo
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 53
To:Board of Supervisors
From:Beth Ward, Animal Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Beverley Penzien - Veterinary Medicine Services
August 1, 2017 Contra Costa County Board of Supervisors Minutes 517
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract and
related indemnity agreement with the State of California, Employment Development Department in an amount not to
exceed $4,947 to provide confidential employment and wage data to the County for the period May 1, 2017 through
September 30, 2018.
FISCAL IMPACT:
No impact to the County General Fund. 100% East Bay Leadership Council grant.
BACKGROUND:
The State of California, Employment Development Department (EDD) compiles regional employment and wage
data. This data is informative of local and state-wide economic and labor trends and can be a useful tool in
developing economic development strategies. This data is, however, confidential and may only be obtained by
agreement with EDD. Pursuant to this proposed agreement, the EDD will produce and provide confidential Quarterly
Census of Employment and Wages data to the County for the purpose of economic planning and development.
The County has entered into a separate contract with Beacon Economics (Contract No. 45735) to perform analysis of
employment and employer trends and prepare economic forecasts for the County and its sub-areas (e.g., South
County, East County, Northern Waterfront, Supervisorial Districts, etc.). The proposed agreement with EDD
authorizes the County to disclose the confidential employment and wage data obtained from EDD to Beacon
Economics for the specific purpose of fulfilling the Service Plan set forth in Contract No. 45735.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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 Kopchik
925-674-7819
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 54
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:August 1, 2017
Contra
Costa
County
Subject:Agreement with EDD for Confidential Employment and Wage Data
August 1, 2017 Contra Costa County Board of Supervisors Minutes 518
BACKGROUND: (CONT'D)
Under its contract with the County, Beacon Economics is responsible for payment to the EDD for the cost of the
confidential data obtained through the proposed agreement. Beacon Financial has obtained funding for this purpose
through a grant awarded by the East Bay Leadership Council.
The proposed agreement requires the County to indemnify the EDD from any losses that arise from the release of
confidential employment and wage date by County employees who use the data under the agreement. The proposed
agreement also requires that Beacon Economics separately indemnify the EDD from any losses that arise from the
release of confidential employment and wage data by employees of Beacon Economics. In the event the County
incurs any losses arising from the release of confidential employment and wage data by employees of Beacon
Economics, Beacon Economics is required under its contract with the County to indemnify the County from such
losses.
CONSEQUENCE OF NEGATIVE ACTION:
Without this contract, the Department of Conservation and Development would not be able to gain statistical data for
Contra Costa County economic analysis.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 519
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract
#26-911-26 with Thomas B. Hargrave, M.D., an individual, in an amount not to exceed $250,000, for the provision of
gastroenterology services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for
the period from September 1, 2017 through August 31, 2018.
FISCAL IMPACT:
This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On September 23, 2014, the Board of Supervisors approved Contract #26-911-24 (as amended by Amendment
Agreement #26-911-25) with Thomas B. Hargrave, M.D., to provide gastroenterology services including
consultation, training, on-call coverage services and medical procedures at CCRMC, for the period from September
1, 2014 through August 31, 2017.
Approval of Contract #26-911-26 will allow the Contractor to continue to provide gastroenterology services at
CCRMC through August 31, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 55
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #26-911-26 with Thomas B. Hargrave, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 520
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring gastroenterology services will not have access to Contractor’s
services.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 521
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74–331-9 with Helios Healthcare, LLC, a limited liability company, in an amount not to exceed $473,840, to provide
sub-acute skilled nursing care services for serious mentally ill and neurobehavioral clients, for the period from July 1,
2017 through June 30, 2018.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No Rate Increase)
BACKGROUND:
On December 20, 2016, the Board of Supervisors approved Novation Contract #74-331-8 with Helios Healthcare,
LLC, for the provision of sub-acute skilled nursing care services for the period from July 1, 2016 through June 30,
2017.
Approval of Contract #74-331-9 allows the Contractor to continue providing services through June 30, 2018,
including mutual indemnification to hold harmless both parties for any claims arising out of the performance of this
Contract.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: E Suisala, M Wilhelm
C. 56
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74–331-9 with Helios Healthcare, LLC
August 1, 2017 Contra Costa County Board of Supervisors Minutes 522
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, there will be fewer sub-acute skilled nursing care services available for County’s
seriously mentally ill and neurobehavioral clients.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 523
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director,
a purchase order with W.W. Grainger, Inc., in an amount not to exceed $350,000 to provide parts, supplies, tools, and
equipment for the period of August 1, 2017 through July 31, 2018, Countywide.
FISCAL IMPACT:
100% General Fund
BACKGROUND:
W.W. Grainger, Inc., provides thousands of facilities maintenance parts, supplies, tools and equipment available to
Facilities Services in a next day format. W.W. Grainger, Inc., has been awarded a contract through the Western States
Contracting Alliance (WSCA contract #1824) which allows them to utilize Western States Contracting Alliance for
purchases of parts, supplies, tools and small equipment. Utilizing such a government contract guarantees them fair
pricing and exceptional service.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Stan Burton, (925)
313-7077
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 57
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:APPROVE a Purchase Order with W.W. Grainger, Inc.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 524
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, then purchasing parts, supplies, tools, and equipment through W.W. Grainger, Inc.
will discontinue.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 525
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director,
a purchase order amendment with Walnut Creek Ford to increase the payment limit by $90,000 to a new payment
limit of $185,000, for Ford parts and accessories, with no change to the original term of January 1, 2017 through
December 31, 2017, Countywide.
FISCAL IMPACT:
This cost is to be funded through Public Works Fleet ISF budget. (100% Internal Service Fund-Fleet)
BACKGROUND:
Public Works Fleet Management is responsible for maintaining County vehicles. To do so, Fleet buys parts,
accessories and warranty service from local auto dealers. As the fleet is mostly Ford vehicles, we buy a substantial
amount from Ford dealers. Fleet maintains blanket
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Stan Burton, (925)
313-7077
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 58
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:August 1, 2017
Contra
Costa
County
Subject:APPROVE a Purchase Order Amendment with Walnut Creek Ford
August 1, 2017 Contra Costa County Board of Supervisors Minutes 526
BACKGROUND: (CONT'D)
purchase orders with most of the Ford dealers in the County. Walnut Creek Ford has become the standard dealer to
obtain parts, accessories, warranty and small repairs.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, then purchasing Ford parts and accessories through Walnut Creek Ford will
discontinue.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 527
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to execute a contract with
Nulinx International Inc., including a modified indemnification language, in an amount not to exceed $36,000, for the
maintenance of a customized, Internet-based server platform for federally mandated family and child assessments,
for the period May 1, 2017 through April 30, 2018.
FISCAL IMPACT:
100% Federal Head Start / CFDA # 93.600
No County costs
BACKGROUND:
The Administration for Children and Families (ACF) and the California Department of Education both require that
family and child assessments be conducted for each family within the program. The family and child assessment
modules are required by federal rule to collect data on a family's progress towards self-sufficiency and the child's
progress for school readiness. This contract provides for the maintenance of the customized, Internet-based server
platform for data input and report retrieval.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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) 681-6304
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Sung Kim, Sam Mendoza
C. 59
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services
Date:August 1, 2017
Contra
Costa
County
Subject:Approval of contract with Nulinx International Inc. for database management system
August 1, 2017 Contra Costa County Board of Supervisors Minutes 528
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, Department will be unable to maintain federally mandated database.
CHILDREN'S IMPACT STATEMENT:
The Community Services Bureau of the Employment & Human Services Department supports three of Contra Costa
County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families
that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These
outcomes are achieved by offering comprehensive services, including high quality early childhood education,
nutrition, and health services to low-income children throughout Contra Costa County.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 529
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-407-7 with Daniel Forkin, M.D., an individual, in an amount not to exceed $145,600, to provide outpatient
psychiatric care to mentally ill adults in West County, for the period from October 1, 2017 through September 30,
2018.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No rate increase)
BACKGROUND:
On September 20, 2016, the Board of Supervisors approved Contract #74-407-6 with Daniel Forkin, M.D., to
provide outpatient psychiatric care, including, diagnosis, counseling, evaluation, medical and therapeutic treatment,
and consulting and training in therapeutic matters for mentally ill adults in West Contra Costa County for the period
October 1, 2016 through September 30, 2017.
Approval of Contract #74-407-7 will allow the Contractor to continue to provide outpatient psychiatric care to
mentally ill adults in West Contra Costa County, through September 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan, M Wilhelm
C. 60
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74-407-7 with Daniel Forkin, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 530
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring outpatient psychiatric care will not have access to Contractor’s
services.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 531
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#76-547-1 with Arati Pratap, M.D., an individual, in an amount not to exceed $477,000, to provide gastroenterology
services at Contra Costa Regional Medical and Health Centers (CCRMC) for the period from September 15, 2017
through September 14, 2018.
FISCAL IMPACT:
This contract is funded 100% Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On September 13, 2016, the Board of Supervisors approved Contract #76-547 with Arati Pratap, M.D., for the
provision of gastroenterology services, including, but not limited to: clinic coverage, consultation, on-call coverage,
training and medical procedures at CCRMC for the period from September 15, 2016 through September 14, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring gastroenterology services at CCRMC will not have access to
Contractor’s services and may experience longer wait times for specialty services.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 61
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #76-547-1 with Arati Pratap, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 532
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-446-5 with Neil Sachs, M.D., an individual, in an amount not to exceed $224,640, to provide outpatient
psychiatric services to patients in West County, for the period from October 1, 2017 through September 30, 2018.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (Rate increase)
BACKGROUND:
On August 9, 2016, the Board of Supervisors approved Contract #74-446-4 with Neil Sachs, M.D. for the provision
of outpatient psychiatric care including, but not limited to, diagnosis, counseling, evaluation, medical and therapeutic
treatment, and medical and therapeutic staff training for adult patients in West County for the period from October 1,
2016 through September 30, 2017.
Approval of Contract #74-446-5 will allow the Contractor to continue providing psychiatric services through
September 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 62
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74-446-5 with Neil Sachs, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 533
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring outpatient psychiatric care in West County will not have access to
Contractor’s services.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 534
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract
#74-505-2 with Anka Behavioral Health, Inc., a non-profit corporation, in an amount not to exceed $990,080, to
provide mental health services and support to adults with serious and persistent mental illness in Central Contra
Costa County, for the period from July 1, 2017 through June 30, 2018. This Contract includes a six-month automatic
extension through December 31, 2018, in an amount not to exceed $495,040.
FISCAL IMPACT:
This Contract is funded 70% Mental Health Services Act and 30% Federal Medi-Cal. (Rate increase)
BACKGROUND:
This Contract meets the social needs of the County’s population by providing mental health services to adults with
serious mental illness who are homeless or at risk of homelessness, and/or who are high utilizers of mental health
services.
On December 8, 2015, the Board of Supervisors approved Contract #74-505, as amended by Amendment Agreement
#74-505-1, with Anka Behavioral Health, Inc., for the period from January 1, 2016 through June 30, 2017, which
included a six-month automatic extension through December 31, 2017, for the provision of mental health services
and support to adults with serious and persistent mental illness who are homeless or at risk of homelessness, and/
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 63
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74-505-2 with Anka Behavioral Health, Inc.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 535
BACKGROUND: (CONT'D)
or who are high utilizers of mental health services in Central Contra Costa County.
Approval of Contract #74-505-2, will allow the Contractor to continue to provide mental helath services through June
30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, there will be fewer services provided to eligible adult clients in Contra Costa County
through the MHSA Community Services and Support Program.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 536
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Amendment
Agreement #27-697-5 with PRISM Services Group LLC (dba ClarusHealth Solutions), a limited liability company,
effective September 1, 2017, to amend Contract #27-697-4 to increase the payment limit by $100,000, from $110,000
to a new payment limit of $210,000, with no change in the original term through October 31, 2018.
FISCAL IMPACT:
This amendment is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No rate increase)
BACKGROUND:
On March 1, 2016 the Board of Supervisors approved Contract #27-697-4 with PRISM Services Group LLC for the
provision of consultation and technical assistance with regard to software maintenance for the Health Plan Provider
Network’s automated system, for the period from November 1, 2015 through October 31, 2018.
Approval of Amendment Agreement #27-697-5 will allow the Contractor to provide an additional level of service to
include upgrade and enhancement services as mandated by the Department of Health Care Services (DHCS) under
Senate Bill 137.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 64
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Amendment #27-697-5 with PRISM Services Group LLC
August 1, 2017 Contra Costa County Board of Supervisors Minutes 537
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, Health Plan’s automated provider network will not meet the requirements of the
DHCS.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 538
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract
Amendment Agreement #24–773–25 with Mountain Valley Child and Family Services, Inc., a non-profit corporation,
effective December 1, 2016, to amend Novation Contract #24-773-23, to increase the payment limit by $309,426,
from $839,450 to a new payment limit of $1,148,876, with no change in the original term of July 1, 2016 through
June 30, 2017, and to increase the automatic extension payment limit by $154,713, from $419,725 to a new payment
limit of $574,438 through December 31, 2017.
FISCAL IMPACT:
This amendment will be funded 50% Federal Medi-Cal; 50% Mental Health Realignment (No rate increase)
BACKGROUND:
On September 13, 2016, the Board of Supervisors approved Novation Contract #24–773–22, as amended by
Contract Amendment Agreement #24-773-23, with Mountain Valley Child and Family Services, Inc., formerly
known as Milhous Children’s Services, Inc., for
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 65
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Amendment #24–773–25 with Mountain Valley Child and Family Services, Inc.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 539
BACKGROUND: (CONT'D)
the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through
December 31, 2017, for the provision of a day treatment program, Therapeutic Behavioral Services (TBS), and
mental health services for Seriously Emotionally Disturbed (SED) adolescents and latency-age children.
Mountain Valley Child and Family Services, Inc. has expanded their program to include Contra Costa clients who
reside in group homes located in rural communities in the central San Joaquin Valley, as well as, opening a TBS
office in Concord to serve clients in Central County. Therefore, services provided by this contractor have increased
resulting in higher than anticipated utilization of the original contract.
Approval of Contract Amendment Agreement #24-773-25 will allow the Contractor to provide additional residential
day treatment, mental health and TBS for SED adolescents and latency-age children through December 31, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, there will be fewer placement options for clients that require day treatment
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).
August 1, 2017 Contra Costa County Board of Supervisors Minutes 540
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-544 with Barbara Swarzenski, M.D., an individual, in an amount not to exceed $199,680, to provide outpatient
psychiatric services at the East County Mental Health Clinic, for the period from September 1, 2017 through August
30, 2018.
FISCAL IMPACT:
This Contract is funded 50% Federal Medi-Cal; 50% Mental Health Realignment.
BACKGROUND:
For a number of years the County has contracted with Medical, Dental and Mental Health Specialists to provide
specialized professional services, which are not otherwise available.
Approval of Contract #74-544 will allow the Contractor to provide outpatient psychiatric services at the West County
Children’s Clinic through August 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan, M Wilhelm
C. 66
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #74-544 with Barbara Swarzenski, M.D.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 541
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric 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).
August 1, 2017 Contra Costa County Board of Supervisors Minutes 542
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#26-140-2 with East Bay Audiologists, A Professional Corporation, in an amount not to exceed $1,048,000, to
provide audiology evaluation services at Contra Costa Regional Health Center and Contra Costa Health Centers
(CCRMC), for the period from September 1, 2017 through August 31, 2019.
FISCAL IMPACT:
This Contract is funded 100% by Hospital Enterprise Fund I. (Rate increase)
BACKGROUND:
On August 18, 2015, the Board of Supervisors approved Contract #26-140 (as amended by Amendment Agreement
#26-140-1) with East Bay Audiologists, A Professional Corporation, for the provision of audiology services including
hearing evaluations, hearing aid evaluations, fitting, dispensing and procurement of hearing aids and supplies at
CCRMC for the period from September 1, 2015 through August 31, 2017.
Approval of Contract #26-140-2 will allow the Contractor to continue to provide audiology services at CCRMC
through August 31, 2019.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 67
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #26-140-2 with East Bay Audiologists, A Professional Corporation
August 1, 2017 Contra Costa County Board of Supervisors Minutes 543
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring audiology services at CCRMC will not have access to Contractor’s
services.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 544
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#77-077 with Children’s Hospital & Research Center at Oakland, a corporation, in an amount not to exceed
$13,000,000, to provide pediatric inpatient and outpatient healthcare services for Contra Costa Health Plan (CCHP)
members for the period from August 1, 2017 through December 31, 2018.
FISCAL IMPACT:
This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase)
BACKGROUND:
Under Contract #77-077, the Contractor will provide pediatric inpatient and outpatient healthcare services for CCHP
members for the period from August 1, 2017 through December 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, Contra Costa Health Plan members will not receive the benefits of hospital services
from the Contractor.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: A Floyd, M Wilhelm
C. 68
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Contract #77-077 with Children’s Hospital & Research Center at Oakland
August 1, 2017 Contra Costa County Board of Supervisors Minutes 545
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with Essential Staffing, Inc. for
workers' compensation staffing services for the period from July 1, 2017 through June 30, 2018 in an amount not to
exceed $500,000.
FISCAL IMPACT:
Costs for workers' compensation services are funded through the Workers' Compensation Internal Service Fund.
BACKGROUND:
Essential Staffing, Inc. specializes in providing highly experienced workers' compensation claims adjusters and
clerical support staff. Using these temporary staffing services has resulted in a reduction of claims inventory to
industry standards and an excellent audit rating by the California State Association of Counties Excess Insurance
Authority as well as increased confidence levels to the internal service fund.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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 Hymes-Offord
925 335-1450
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 69
To:Board of Supervisors
From:Sharon Offord Hymes, Risk Manager
Date:August 1, 2017
Contra
Costa
County
Subject:Contract with Essential Staffing Inc.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 546
CONSEQUENCE OF NEGATIVE ACTION:
Risk Management will not have adequate technical assistance and staff to process workers' compensation claims in a
timely manner and satisfy current regulations.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 547
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute, on behalf of
the County, an amendment to Purchase Order with US Foods, Inc., to add $50,000 to a new total not to exceed
$149,000, for the weekly purchases of food for clients of County’s Discovery House Treatment Facility, with no
change in the term through September 30, 2017.
FISCAL IMPACT:
100% Substance Abuse Prevention Program and Treatment Block Grant (SAPT-BG).
BACKGROUND:
This purchase order meets the mandated licensing requirements set forth by the Department of Health Care Services,
Substance Use Disorders branch, to provide three (3) nutritious meals per day for clients at County’s Discovery
House Substance Use Disorders (SUD) Residential Treatment Facility for men.
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order Amendment is not approved, Discovery House will be out of license compliance as mandated
by the Department of Health Care Services, and could result in removal of license to operate.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Fatima Matal Sol,
925-335-3307
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm, Mary Mclain
C. 70
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Purchase Order Amendment with US Foods, Inc.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 548
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Burr
Pilger Mayer Inc., effective July 31, 2017, to extend the term from August 1, 2017 through June 30, 2018 and
increase the payment limit by $31,000 to a new payment limit of $198,580, for professional accounting services.
FISCAL IMPACT:
The fees for the professional accounting services are charged to the cost center for County Building Costs. (100%
County General Fund)
BACKGROUND:
On April 9, 2012, the County issued a Request for Proposals (RFP) for qualified certified public accountant firms to
prepare financial statements for the Contra Costa County Public Financing Authority (the "PFA"). As part of the
County’s annual financial reporting and auditing process, the PFA is required to develop stand-alone financial
statements. These statements are then included in the County’s larger audited annual financial report.
The County Administrator's Office is therefore requesting to renew the current contract for one additional year. In
2018, this contract along with a companion contract for audit services will be put out to bid.
CONSEQUENCE OF NEGATIVE ACTION:
The Public Financing Authority will not have the expertise necessary to prepare their annual financial statements.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 71
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Amend & Extent Professional Accounting Services Contract with BPM, LLP
August 1, 2017 Contra Costa County Board of Supervisors Minutes 549
RECOMMENDATION(S):
Approve clarification of Board action of July 18, 2017 (Item C.109), which authorized the Health Services Director
to execute a contract with R.E.A.C.H. Project to provide substance use disorder prevention treatment services to
Medi-Cal eligible County residents, to change the payment limit amount to $185,380, with no change in the term of
July 1, 2017 through June 30, 2018.
FISCAL IMPACT:
This contract is funded 54% CalWORKS Alcohol and Other Drugs Services; 46% CalWORKS Mental Health.
BACKGROUND:
On July 18, 2017, the Board of Supervisors approved Contract #74-535-1 with R.E.A.C.H. Project, for the provision
of substance use disorder prevention treatment services to Medi-Cal eligible County residents, for the period from
July 1, 2017 through June 30, 2018 with a payment limit of $120,000.
The purpose of this Board Order is to clarify and correct the payment limit as $185,380, instead of $120,000 as
previously submitted by the Department and approved by the Board. Approval of this Board Order
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: E Suisala, M Wilhelm
C. 72
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Correct July 18, 2017 Board Order Item #C.109 with R.E.A.C.H. Project
August 1, 2017 Contra Costa County Board of Supervisors Minutes 550
BACKGROUND: (CONT'D)
will allow the Contractor to provide substance use disorder prevention services, through June 30, 2018 with the
payment limit that reflects the original intent of the Contractor and the County.
CONSEQUENCE OF NEGATIVE ACTION:
If this correction is not approved, the contract payment limit set forth in the previous Board Order would not match
the intent of the County and Contractor.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 551
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase
Order with Med One Capital, Inc. in an amount not to exceed $136,000, for lease of the Flex Lock with Temp Check
for use by the pharmacy at Contra Costa Regional Medical Center (CCRMC), for the period of August 1, 2017
through July 31, 2022.
FISCAL IMPACT:
100% funded by Hospital Enterprise Fund I.
BACKGROUND:
CCRMC has used Omnicell since 2005 in the hospital and clinics. These Flex locks with Temp Check are used to
secure the medication refrigerators to the Omnicell and also monitor the temperature of the refrigerator. CCRMC will
be leasing the Omnicell equipment through Med One Capital Funding. CCRMC has been satisfied with Omnicell as a
vendor over the past 10 years and wishes to continue using this company. Omnicell has assisted CCRMC to reach the
Medication Safety and Patient Safety goals set for patient population and has brought CCRMC to the compliance
with the regulatory requirements.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm, Margaret Harris
C. 73
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Purchase Order for Med One Capital, Inc.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 552
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order is not approved, there will be a lack of a safe and effective medication storage and distribution
system which could result in unsafe medication practices, potential costly regulatory citations, or patient harm.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 553
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute (1) a
Purchase Order with Groupware Technology Inc., in an amount not to exceed $1,322,389, and (2) a letter agreement
with Cisco Systems, Inc., for the purchase of computer hardware and support and maintenance for the period from
August 1, 2017 through July 31, 2020.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise I Fund budget.
BACKGROUND:
Contra Costa Health Services (CCHS) current infrastructure consists of Cisco equipment. Much of the network
infrastructure equipment used to support the hospital, clinics, and ancillary sites is more than eight years old and has
reached end of life support with Cisco. Equipment such as the network core and servers at the Martinez Data Center
requires a refresh and CCHS Information Technology Unit will be replacing old systems in support of the EPIC
System.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm, Renee Nunez
C. 74
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Purchase Order with Groupware Technology Inc. for Cisco Equipment
August 1, 2017 Contra Costa County Board of Supervisors Minutes 554
CONSEQUENCE OF NEGATIVE ACTION:
Failure to replace aging and end of support equipment increases the risk of an unexpected failure, possibly an
extended outage, and could put patient lives at risk because old systems will not be supported any longer.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 555
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order
with Bibliotheca, LLC, in an amount not to exceed $185,000, and a Service and Maintenance Agreement with
Bibliotheca, LLC for software and equipment maintenance for library book and media security and inventory
equipment, and customer self-service equipment, for the period July 1, 2017 through June 30, 2018.
FISCAL IMPACT:
The cost is appropriated in the Library's FY 2017/2018 budget.
BACKGROUND:
Bibliotheca, LLC equipment is used throughout the library’s 26 locations. The Service and Maintenance Agreement
covers equipment plus software and includes labor, parts, and equipment modifications. Service can be requested via
an 800 number 24 hours 7 days a week. The equipment under the Service and Maintenance Agreement is used for
book/media security equipment, inventory equipment, and customer self-service equipment.
In accordance with Administrative Bulletin No 611.0, County Departments are required to obtain Board approval for
single item purchases over $100,000. The County Administrator’s Office has reviewed this request and recommends
approval.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Chad Helton,
925-608-7728
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 75
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:August 1, 2017
Contra
Costa
County
Subject:Bibliotheca LLC Equipment and Software Maintenance Renewal
August 1, 2017 Contra Costa County Board of Supervisors Minutes 556
CONSEQUENCE OF NEGATIVE ACTION:
This support is a critical to maintaining book/media security and inventory equipment, and customer self-service
equipment. Without it, the Library would be unable to resolve issues that arise during the normal course of County
business.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 557
RECOMMENDATION(S):
AUTHORIZE the Chair of the Board of Supervisors to sign a letter to the Contra Costa Transportation Authority
providing comments on the May 24, 2017 DRAFT "2017 Countywide Comprehensive Transportation Plan", as
recommended by the Transportation, Water, and Infrastructure Committee.
FISCAL IMPACT:
None.
BACKGROUND:
The Transportation, Water, and Infrastructure Committee (TWIC) and the Board of Supervisors (BOS) reviewed,
discussed and provided input on the update to the Contra Costa Transportation Authority's (Authority's) Countywide
Transportation Plan (CTP) from 2014 through 2016. For a portion of this time the discussion was in conjunction with
the development of the Measure X Transportation Expenditure Plan (TEP). Ultimately, CTP development was
suspended in 2016 and TEP development proceeded independently.
While the CTP and TEP were under development, the Board of Supervisors received numerous staff reports and the
County submitted several comment letters to the Authority. The Authority was responsive to County input and the
majority of our revisions were incorporated in to the CTP. For background purposes those staff reports and letters are
compiled in a list of links at the bottom of this report.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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)
674-7833
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: John Barclay
C. 76
To:Board of Supervisors
From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Date:August 1, 2017
Contra
Costa
County
Subject:Comment Letter to the Contra Costa Transportation Authority Regarding the 2017 Countywide Transportation Plan
Update
August 1, 2017 Contra Costa County Board of Supervisors Minutes 558
BACKGROUND: (CONT'D)
This May 2017 version of the CTP is, in part, picking up where the Authority left off before development of the
document was suspended. However, the document has been reformatted and some content has been changed. That
said, staff's proposed comments on the CTP are brief given the Authority's prior responsiveness to the County.
The following chapters from Authority's Countywide Transportation Plan are attached (CTP Excerpts: Executive
Summary, Introduction, Vision-Goals-Strategies) to this report: Executive Summary, Introduction, Challenges
and Opportunities, and Visions, Goals, and Strategies. The full document is available here:
http://2017ctpupdate.net/
Draft Letter : A draft comment letter (attached: BOS to CCTA reCTP) on the May 24, 2017 DRAFT "2017
Countywide Comprehensive Transportation Plan" from the Board of Supervisors to the Authority is attached.
TWIC, at their July 10, 2017 meeting, approved sending the letter to the full Board of Supervisors for their
consideration and approval.. The staff report and letter reviewed by TWIC focused on two topics, the 1) Northern
Waterfront Economic Development Initiative, and 2) Accessible Transit.
Two new issues, 3) Expanded Regional Transportation Mitigation Program, and 4) Project List Comments were
raised subsequent to the TWIC meeting. Those issues are addressed below and raised in the attached draft letter.
The new information on this topic below and in the attached letter has not been reviewed by TWIC. There are two
attached letters, one track changes version showing revisions subsequent to the TWIC meeting and one clean,
final draft.
1) Northern Waterfront Economic Development Initiative: As reflected in the draft letter, the CTP supports
the County's Northern Waterfront Economic Development Initiative. The comments in the letter are intended to
ensure that some tangible actions are included in the CTP.
The concept of "Priority Production Areas" (PPAs) has been discussed at, and has some support with the
Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC). PPAs,
according to ABAG, are areas that "...would be locally designated zones where manufacturing, warehousing,
distribution and repair services would be a priority consideration in determining future land use." County staff
believes that we would benefit from a formal, funded PPA program at the regional level to assist with our
Northern Waterfront efforts. This would be similar to Priority Development Areas (PDAs) and Priority
Conservation Areas (PCAs) which are established programs with, most critically, associated funding priorities.
2) Accessible Transit: The message in the letter related to accessible transit is a departure from the County's past
practice in addressing accessible transit issues. With earlier versions of the CTP update and development of the
TEP, the County provided expansive, well-documented rationale including data, history, best practices, etc, in
advocating for proactively and strategically addressing accessible transit needs. These reports and letters can be
accessed at the links at the bottom of this report.
The County's detailed engagement is due to numerous factors which suggest greater County involvement is
appropriate: 1) the County has obligations under the the Older Americans Act that includes transportation, 2) the
Contra Costa Health Plan (CCHP) has significant patient transportation responsibilities[1], 3) the County's efforts
to fill the responsibility gap observed in an earlier report to the BOS on the CTP which states, "barriers to progress
on this issue are...accessible transit responsibilities are diffused (geographically and organizationally) throughout
the county resulting in no single agency or organization falling naturally into a leadership role..."* and 4) general,
countywide obligations related to public health.
At this point in the CTP update staff believes that relative to accessible transit: 1) the BOS position on this issue is
reflected in the record, 2) the rationale for making changes on this type of transit service is well-established, and 3)
3) there is a general understanding among some decision makers that action needs to be taken. Considering all of
this information, the CTP comments proposed by staff are brief and to the point which is to see some progress on
August 1, 2017 Contra Costa County Board of Supervisors Minutes 559
the issue after years of advocacy.
With this letter the County's options for using the CTP/TEP process to catalyze changes in the accessible transit
system appear to be exhausted.
3) Expanded Regional Transportation Mitigation Program: Concerns with the following concept from the
"Maintaining the System" section in the CTP were raised at the July 14th TRANSPAC meeting: "…the Authority
proposes to expand the Regional Transportation Mitigation Program to ensure that fees collected cover the costs of
ongoing maintenance…”. This concept was the subject of a message (attached: 7-13-17 Email BIA to
TRANSPAC Re_CTP Fee Program.pdf) from the Building Industry Association of the Bay Area to the Chair of
the TRANSPAC Committee (Supervisor Karen Mitchoff).
In response to these concerns and in consultation with Supervisor Mitchoff in her capacity as the County's
Authority representative, staff revised the letter. In summary, the primary concerns with the concept are 1) there
does not appear, on the face of it, any mechanism by which the proposal could be implemented given the current
statutes related to imposing mitigation fees, and 2) a proposal of this significance requires substantially more
vetting at the various collaborative public forums established for these issues, the Regional Transportation
Planning Committees, Technical Coordinating Committee, in addition to the City/Town Councils and the Board
of Supervisors.
4) Project List Comments
The transportation project list published in the 2017 CTP is missing two projects that were present in the 2014
project list, the Vasco Road Safety Improvements (Phase 2) and Northern Waterfront Goods Movement
Infrastructure. As seen in the attached, the County is requesting that these projects be added back in.
________________________________________________________________
[1] Transportation and healthcare are becoming more interrelated as research shows that poor transportation is a
significant barrier to adequate health care and a cost effective system. (National Institutes of Health (NIH):
Traveling Towards Disease: Transportation Barriers to Healthcare Access, 2013 - NIH Barriers to Health Care
Access Among the Elderly, 2011) Without access to adequate transportation preventative medical appointments
are often missed resulting in untreated chronic conditions resulting in degradation to the point where emergency
medical care and transport is necessary. Recognizing this issue, legislation has been recently introduced to impose
transportation requirements on healthcare providers. The Affordable Care Act included transportation coverage
and California AB 2394 (2016 - Medi-Cal Non-Medical Transportation) increases transportation obligations to
health insurance providers.
The unintended consequence of these requirements is further balkanization of transportation systems and
providers which has long been acknowledged to confound cost saving coordiation efforts thereby increasing costs
through duplication of services. (United States Government Accountability Office (GAO), "Transportation
Disadvantaged Populations: Coordination Efforts are Underway, but Challenges Continue", GAO:
"Transportation Coordination: Benefits and Barriers Exist, and Planning Efforts Progress Slowly" 1999, GAO:
"Transportation Disadvantaged Populations: Some Coordination Efforts Among....Transportation...Obstacles
Persist" 2003, GAO: "Services for the Elderly - Longstanding Transportation Problems Need More Federal
Attention" 1991, GAO: "Transportation Disadvantaged Populations: Federal Coordination Efforts Could be
Further Strengthened" 2012, GAO: "Public Transit: Challenges in Funding....and Coordinating Services" 2014.
Previous Reports and Letters on the Contra Costa Transportation Authority's Countywide Transportation
Plan Update and Transportation Expenditure Plan:
March 8, 2016 Staff Report to the BOS: Update on the Status of the Contra Costa Transportation Authority's
Development of a Transportation Expenditure Plan
*September 15, 21015 Staff Report to the BOS: Report on the Development of a Transportation Expenditure Plan
and potential sales tax ballot measure by the Contra Costa Transportation Authority
November 3, 2015 Letter: BOS to CCTA Re: Transportation Expenditure Plan & Potential Sales Tax Measure
October 21, 2014 Staff Report to the BOS: Comment Letter on the Contra Costa Transportation Authority's
August 1, 2017 Contra Costa County Board of Supervisors Minutes 560
DRAFT 2014 Countywide Transportation Plan Update
October 21, 2014 Letter from the BOS to the CCTA: 2014 Countywide Transportation Plan Update
White Paper on Accessible Transit in Contra Costa County
CONSEQUENCE OF NEGATIVE ACTION:
If action is not taken, the County's policy priorities will not be communicated to the Contra Costa Transportation
Authority for inclusion in the Countywide Transportation Plan.
CLERK'S ADDENDUM
Written comments received from Debbie Toth, Choice in Aging (attached).
AGENDA ATTACHMENTS
BOS to CCTA reCTP(redline-strikeout)
BOS to CCTA reCTP
7-13-17 Email BIA to TRANSPAC Re_CTP Fee Program
CTP Excerpts: Executive Summary, Introduction, Vision-Goals-Strategies
MINUTES ATTACHMENTS
Correspondence Received
August 1, 2017 Contra Costa County Board of Supervisors Minutes 561
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
August 1, 2017
Tom Butt, Chair
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
Subject: 2017 Countywide Transportation Plan Update
Dear Chair Butt:
On July 18, August 1, 2017, the Board of Supervisors authorized me to transmit this comment letter on the
May 24, 2017 Draft Final Contra Costa Countywide Transportation Plan (CTP). The Board of Supervisors
would like to thank the Contra Costa Transportation Authority (Authority) for the substantial time and
effort put into the CTP.
The County has Our comments focus on the County’s Northern Waterfront Economic Development
Initiative, and issues related to accessible transit issues, and the proposal to expand the Regional
Transportation Mitigation Program.
Northern Waterfront/Freight Movement
We appreciate the support for the Northern Waterfront Economic Development Initiative found the CTP.
This multijurisdictional effort would be more effective with additional tangible actions. We request that
the following concepts be included in the CTP:
At the regional level, continued Authority advocacy for the expedited development and funding of a
Priority Production Area program would be helpful in project implementation.
At the local level, the addition of Authority support for a shortline rail study in the Northern
Waterfront area would be welcome.
Accessible Transit
In the County’s November 3, 2015 letter on the CTP we highlighted the fact that accessible transit costs in
in Contra Costa are increasing while areas with a more coordinated transit system are seeing decreasing
costs. Addressing this longstanding issue would be consistent with the “invest wisely”, and “new potential
funding sources” principles espoused in the CTP.
Given this, we are requesting that the Authority act on take action relative to the statement in the
February 19, 2015 2014 Draft Final CTP regarding accessible transit and mobility management, “…this is
an area where the Authority can exhibit leadership” and request that the Authority initiate the Accessible
David Twa
Clerk of the Board
and
County Administrator
(925) 335-1900
Contra
Costa
County
August 1, 2017 Contra Costa County Board of Supervisors Minutes 562
Transportation Service Strategic Plan originally proposed in Measure X. This would be a concrete action
that would fulfill the Authority’s commitment found in Goal 3.7 “Serving All Contra Costa Residents.
Support the expansion of a coordinated system of transit and paratransit service…”. If the accessible transit
system is to perform adequately, we will need to take action and cannot provide leadership and not
solely rely on the private sector’s ability (or interest) to adapt to senior’s mobility challenges1.
Expanded Regional Transportation Mitigation Program
The County has concerns with the proposal to “..expand the Regional Transportation Mitigation Program to
ensure that fees collected cover the costs of ongoing maintenance…” found in the “Maintaining our System”
section of the CTP. We believe this proposal should receive more examination and discussion before
being included in the CTP. We hope that the Authority will consider removing this language and
initiating outreach to your member agencies and the public to more thoroughly vet the proposal.
CTP – Volume 2: 10 and 20 Year Project Priority Lists
The following projects were in the Draft 2014 CTP project list but were removed in the 2017 document:
Northern Waterfront Goods Movement Infrastructure, and Vasco Road Safety Improvements, Phase 2.
We are requesting the reinstatement of these critical projects in the subject document.
We support the Plan and appreciate the Authority’s past responsiveness to comments from the County
on the previous versions of the CTP.
Sincerely,
Federal D. Glover, Chair
Contra Costa County Board of Supervisors
Supervisor, District I
C:
Janet Abelson, Chair ‐ WCCTAC
Amy R. Worth, Chair – SWAT
Sal Evola, Chair, TRANSPLAN
Ron Leone, Chair – TRANSPAC
File: Transportation > Transportation > Committees > CCTA > CCTA Board of Directors
File: Transportation > Projects > CCTA > CTP 2014-15
g:\transportation\cunningham\memo-letter\letter\2017\drafts\bostocctarectp.doc
1 Page ES-3: Volume I, Countywide Transportation Plan, May 24, 2017
August 1, 2017 Contra Costa County Board of Supervisors Minutes 563
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
August 1, 2017
Tom Butt, Chair
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
Subject: 2017 Countywide Transportation Plan Update
Dear Chair Butt:
On August 1, 2017, the Board of Supervisors authorized me to transmit this comment letter on the May
24, 2017 Draft Final Contra Costa Countywide Transportation Plan (CTP). The Board of Supervisors would
like to thank the Contra Costa Transportation Authority (Authority) for the substantial time and effort
put into the CTP.
The County has comments on the County’s Northern Waterfront Economic Development Initiative,
accessible transit issues, and the proposal to expand the Regional Transportation Mitigation Program.
Northern Waterfront/Freight Movement
We appreciate the support for the Northern Waterfront Economic Development Initiative found the CTP.
This multijurisdictional effort would be more effective with additional tangible actions. We request that
the following concepts be included in the CTP:
At the regional level, continued Authority advocacy for the expedited development and funding of a
Priority Production Area program would be helpful in project implementation.
At the local level, the addition of Authority support for a shortline rail study in the Northern
Waterfront area would be welcome.
Accessible Transit
In the County’s November 3, 2015 letter on the CTP we highlighted the fact that accessible transit costs in
in Contra Costa are increasing while areas with a more coordinated transit system are seeing decreasing
costs. Addressing this longstanding issue would be consistent with the “invest wisely”, and “new potential
funding sources” principles espoused in the CTP.
Given this, we are requesting that the Authority take action relative to the statement in the February 19,
2015 Draft CTP regarding accessible transit and mobility management, “…this is an area where the
Authority can exhibit leadership” and request that the Authority initiate the Accessible Transportation Service
Strategic Plan originally proposed in Measure X. This would be a concrete action that would fulfill the
David Twa
Clerk of the Board
and
County Administrator
(925) 335-1900
Contra
Costa
County
August 1, 2017 Contra Costa County Board of Supervisors Minutes 564
Authority’s commitment found in Goal 3.7 “Serving All Contra Costa Residents. Support the expansion of a
coordinated system of transit and paratransit service…”. If the accessible transit system is to perform
adequately, we will need to provide leadership and not solely rely on the private sector’s ability (or
interest) to adapt to senior’s mobility challenges1.
Expanded Regional Transportation Mitigation Program
The County has concerns with the proposal to “..expand the Regional Transportation Mitigation Program to
ensure that fees collected cover the costs of ongoing maintenance…” found in the “Maintaining our System”
section of the CTP. We believe this proposal should receive more examination and discussion before
being included in the CTP. We hope that the Authority will consider removing this language and
initiating outreach to your member agencies and the public to more thoroughly vet the proposal.
CTP – Volume 2: 10 and 20 Year Project Priority Lists
The following projects were in the Draft 2014 CTP project list but were removed in the 2017 document:
Northern Waterfront Goods Movement Infrastructure, and Vasco Road Safety Improvements, Phase 2.
We are requesting the reinstatement of these critical projects in the subject document.
We support the Plan and appreciate the Authority’s past responsiveness to comments from the County
on the previous versions of the CTP.
Sincerely,
Federal D. Glover, Chair
Contra Costa County Board of Supervisors
Supervisor, District I
C:
Janet Abelson, Chair ‐ WCCTAC
Amy R. Worth, Chair – SWAT
Sal Evola, Chair, TRANSPLAN
Ron Leone, Chair – TRANSPAC
File: Transportation > Transportation > Committees > CCTA > CCTA Board of Directors
File: Transportation > Projects > CCTA > CTP 2014-15
g:\transportation\cunningham\memo-letter\letter\2017\drafts\bostocctarectp.doc
1 Page ES-3: Volume I, Countywide Transportation Plan, May 24, 2017
August 1, 2017 Contra Costa County Board of Supervisors Minutes 565
F(om: Lisa Vorderbrueggen ivorcJenxuEggen@bi;.:bayat ~a.or~~
Subj~?.ct: Today•s TRANSPAC meeting ..
C'ate· Jul 13, 2017, 7:27:15 AM
Tu: Karen Mitchoff
}.3.cc : Julie Pierce
Hi Karen,
I planned to attend this morning's TRANSPAC meeting but my back has gone
out and I am, unfortunately, going nowhere for a few days.
Here are the details of what I planned to address at the TRANSPAC meeting
today.
Specifically, BIA is very concerned about the draft 2017 Contra Costa
Countywide Plan's call to expand the regional fee mitigation program to
include ongoing maintenance and operations and transit service.
Expanding the regional mitigation fee potentially adds thousands of dollars
to the already impossibly high cost of new housing and burdens new
homebuyers and renters at disproportionately higher levels of financial
responsibility for the maintenance and operations of the transportation
system than existing residents. It would also price more families out of
Contra Costa's housing market, exacerbating congestion as they buy in less
expensive areas such as San Joaquin and Solano counties and commute into
the Bay Area. The regional mitigation fee in East Contra Costa, for
example, is already $18,000 for a single-family home.
BIA 1 Bay Area will be asking the Contra Costa Transportation Authority to
remove the references to the expansion of the regional mitigation fee from
the 2017 CTP.
First, Gov't Code Section 65913.8 (attached) expressly prohibits the use of
development fees charged for capital facility improvements on
maintenance or operations:
"A fee, charge or other form of payment imposed by a governing body of a
local agency for a public capital facility improvement related to a
development project may not include an amount for the maintenance or
operation of an improvement when the fee, charge, or other form of
payment is required as a condition of the approval of a development
project, or required to fulfill a condition of the approval."
The first reference to the fee mitigation expansion appears in Volume 1 on
August 1, 2017 Contra Costa County Board of Supervisors Minutes 566
page ES-12 and it does not appear to reflect state law:
"The 2017 CTP includes new strategies to establish effective preventive
maintenance and reduce the backlog of transportation rehabilitation and
maintenance needs. Creating a stable funding source for tong-term
maintenance costs is a Plan priority. With this in mind, the Authority
intends to expand the Regional Transportation Mitigation Program to
ensure that fees collected cover the costs of ongoing maintenance. New
facilities should not be built if they cannot be maintained."
The second reference is on page 1-5. This would appear to add transit
service to what has been a capital improvements fee program and again
does not reflect the statute:
"Investigating opportunities to extend the Regional Development
Mitigation Program to include support for a Transit Mitigation Fund,
which could support service expansion, as needed, and programmatic
reductions in vehicle miles traveled (VMT) to mitigate the impacts of
development."
The third reference appears to suggest that local jurisdictions would be
required to condition development approvals on establishment of road
maintenance/operations funding agreements as part of the RTMP, which
has serious implications for local land-use decision-making authority. The
references are on pages 3-21 and 3-22:
"With this in mind, the Authority will be looking at ways to expand the
current Regional Transportation Mitigation Program (RTMP) to ensure that
fees include the costs of ongoing maintenance for a stated period of time
if assessment districts or other funding arrangements will not be in place.
The basic idea is that local jurisdictions should not build new
transportation facilities if they cannot take care of them. More
complicated, as noted in Strategies 4.2 and 4.3, is funding the backlog for
pavement rehabilitation and related projects .
. . . What the Authority can do to ensure long-term maintenance of all new
improvements. One option is to require commitments to long-term
maintenance of new improvement as a condition of approval of a
development mitigation program. Modifications of the RTMP program
August 1, 2017 Contra Costa County Board of Supervisors Minutes 567
requirements would be needed to accomplish this."
... What the Authority can do to assist with deferred maintenance of
existing facilities. Funding will be available through the Local Streets
Maintenance and Improvements (LSM&I) Program and subregional
programs created to meet the needs of specific areas within Contra
Costa. The Authority also will provide guidance on best practices and may
require commitments to putting in place policies and procedures for long-
term maintenance as a condition of continuing eligibility for LSM&I
Program funds."
The fourth reference is on Page 3-25. To my knowledge, there are no
prohibitions on using existing fee revenues on streetscape infrastructure or
bicycle facilities (as long as there is a nexus and the projects are analyzed
in the nexus studies) but the law does not permit the fees to be used for
ongoing operations costs:
"To bolster Measure J sales tax revenues, the Authority will investigate
the feasibility of augmenting its Regional Transportation Mitigation
Program (RTMP), so additional revenues could be used to support transit
services as well as street and highway improvements and also be available
to pay for bicycle facilities and streetscape infrastructure. If, based on
public input, this initiative seems worth pursuing, the Authority could
commission a "nexus" study and an economic feasibility study."
Counties and cities will soon start receiving additional revenues for local
streets and roads maintenance.
Gov. Jerry Brown signed SB 1 bill on June 30, 2017, that will raise the gas
tax 20 cents a gallon to 36 cents a gallon starting N.ov~.1. ,,~201 ?. Cities and
counties will then start collecting tens of millions more dollars a year for
local road repairs and maintenance. CCTA may go the polls again in the
next two or four years and ask voters to consider a sales tax extension and
the expenditure plan will almost certainly --as it did in 2016 .... include a
large percentage of return-to-source money for the cities and the county
to use on local road maintenance.
Granted, neither of these taxes will bring in enough money. There is never
enough money, it seems, for transportation. But making housing even more
August 1, 2017 Contra Costa County Board of Supervisors Minutes 568
expensive will not close the transportation funding gap and it will worsen
an already horrific housing crisis.
Feel free to call or email if you would like to talk about this in more detail.
I am preparing a detailed comment letter for CCTA and will speak at the
CCTA meeting on July 1.9, 2017.
Thanks! LisaV
Lisa A. Vorderbrueggen
East Bay Executive Director for Governmental Affairs
Building Industry Association of the Bay Area
lvorderbrueggen®biabayarea.org
Twitter ®BIABayArea
925~-95 .l.-6843 (direct)
9Z5:·348.-1956 (mobile)
Contra Costa Centre Transit Village
1350 _Treat alv~:L, Suite 140
Wa.l~lut Cr.eek, CA 94597
~
August 1, 2017 Contra Costa County Board of Supervisors Minutes 569
2017
Countywide
Comprehensive
Transportation Plan
Volume 1
May 24, 2017Publi
c
Review
Draf
t
August 1, 2017 Contra Costa County Board of Supervisors Minutes 570
Contra Costa Transportation Authority
Board Members
Tom Butt, Chair
City of Richmond
Federal Glover, Vice Chair
Chair for Board of Supervisors
Janet Abelson
City of El Cerrito
Newell Arnerich
Town of Danville
Loella Haskew
City of Walnut Creek
David Hudson
City of San Ramon
Karen Mitchoff
Board of Supervisors
Julie Pierce
City of Clayton
Kevin Romick
City of Oakley
Robert Taylor
City of Brentwood
Dave Trotter
Town of Moraga
Ex-Officio Members
Joel Keller
BART
District 2 Director
Don Tatzin
Public Transit Bus Operators
City of Lafayette
Amy Worth
MTC
City of Orinda
August 1, 2017 Contra Costa County Board of Supervisors Minutes 571
2017
Countywide
Comprehensive
Transportation Plan
Volume 1
May 24, 2017
Publi
c
Revraftiew
D
August 1, 2017 Contra Costa County Board of Supervisors Minutes 572
Table of Contents
Executive Summary ......................................................................................... ES-1
Innovation is the Key ...................................................................................................... ES-2
Challenges and Opportunities ...................................................................................... ES-2
Public Engagement; Outreach Activities .................................................................... ES-7
Vision, Goals and Strategies .......................................................................................... ES-9
Implementing the Plan .................................................................................................. ES-12
1 Introduction .................................................................................................. 1-1
The Authority’s Role ........................................................................................................ 1 -2
Growth Management Program ...................................................................................... 1-2
Congestion Management Program ................................................................................ 1-5
Partnerships ........................................................................................................................ 1-6
Relationship to Other Plans and Regulations ............................................................. 1-9
The Comprehensive Transportation Plan ................................................................. 1-12
Outreach ........................................................................................................................... 1-15
Preparing and Adopting the CTP ................................................................................ 1-17
2 Challenges and Opportunities .................................................................... 2-1
Challenges ........................................................................................................................... 2-2
Opportunities ................................................................................................................... 2-19
Past Successes and Potential Improvements ............................................................ 2-23
3 Vision, Goals and Strategies ........................................................................ 3-1
Finding the Right Balance ................................................................................................. 3-2
Goals .................................................................................................................................... 3-2
Strategies ............................................................................................................................. 3-3
August 1, 2017 Contra Costa County Board of Supervisors Minutes 573
2017 Countywide Comprehensive Transportation Plan: Volume 1
ii May 24 Public Review Draft
4 Investment Program .................................................................................... 4-1
Funding the Investment Program .................................................................................. 4-2
Setting Priorities ................................................................................................................ 4-9
Investment Program ....................................................................................................... 4-11
What will the Long-Range Transportation Investment Program Accomplish? 4-19
Refining the LRTIP........................................................................................................... 4-25
5 Implementation Program ........................................................................... 5-1
Roles and Responsibilities ............................................................................................... 5-2
Detailed Implementation Tasks ..................................................................................... 5-2
6 Appendices .................................................................................................... 6-1
Appendix A: Routes of Regional Significance ............................................................. 6-3
Appendix B: Glossary ....................................................................................................... 6-9
August 1, 2017 Contra Costa County Board of Supervisors Minutes 574
Executive Summary
The Contra Costa Countywide Transportation Plan, or CTP, is the
blueprint for Contra Costa’s transportation system over the coming decades.
This long‐range vision for transportation identifies the projects, programs,
and policies that the Authority Board hopes to pursue. The CTP identifies
goals for bringing together all modes of travel, networks and operators, to
meet the diverse needs of Contra Costa and to support Plan Bay Area.
By improving the transportation system, we can help to address the
challenges that a growing population, more jobs, and more traffic will bring.
We also see new opportunities—from technological innovation to the
benefits of active transportation—to address the challenges of growth and
change without more roads. The CTP lays out a vision for our
transportation future, the goals and strategies for achieving that vision, and
the future transportation investments needed to promote a growing
economy, advance technological changes, protect the environment, and
improve our quality of life.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 575
2017 Countywide Comprehensive Transportation Plan: Volume 1
ES‐2 May 24 Public Review Draft
INNOVATION IS THE KEY
Innovation is the guiding theme for this CTP, with the Authority taking the lead on
introducing and managing new technology, funding and constructing improvements to
the countyʹs transportation infrastructure, and overseeing ongoing transportation
programs. These new initiatives, coupled with current programs and projects and the
Authority’s growth management program, will reduce congestion, improve air quality,
and provide mobility options for all residents without undertaking major expansion
projects. Since 1989 the Authority has been actively and successfully engaged in long‐
range planning for critical transportation infrastructure projects and programs that
connect our communities, foster a strong economy, manage traffic, expand transit
service, and safely and efficiently get people to their destination of choice. Building on
prior CTPs, the 2017 CTP sets forth a viable, transformative framework to continue this
mission, using technology and innovation to make the best use of available resources.
To be effective and responsive, the Authority works closely with the Regional
Transportation Planning Committees (RTPCs), local jurisdictions, transit agencies and
paratransit providers and regional and state partners – MTC, ABAG, the Bay Area Air
Quality Management District, the Bay Conservation and Development Commission,
Caltrans, and the California Air Resources Board, among others.
CHALLENGES AND OPPORTUNITIES
The population of Contra Costa and the region will continue to grow. Nearly 300,000
new people, 88,000 new households and 122,000 new jobs are expected in Contra Costa
County by 2040, accounting for between 10 and 13 percent of total growth for the region.
Increased population and jobs will place new demands on our transportation system,
but we also have new tools and innovative approaches to help meet those demands.
Challenges
The challenges will be to plan for future needs in areas of growth, facilitate economic
development, and help local jurisdictions respond to and facilitate new technologies,
including electric vehicles, transportation network companies, and
connected/autonomous vehicles, to serve development and respond to changing
demographics and travel patterns. Responding to environmental mandates, particularly
August 1, 2017 Contra Costa County Board of Supervisors Minutes 576
Executive Summary
May 24 Public Review Draft ES‐3
air quality, and concerns about rising tides, public health, and equity also will be
important. And finally, maintaining and operating the system we have remains a
pressing challenge.
Projected Growth in Population and Jobs
While the rate of growth in Contra Costa is slowing, the Authority still expects
substantial growth through 2040. A 27 percent increase in our population, a 31 percent
increase in our workforce, and a 36 percent increase in the number of jobs is expected by
2040 in Contra Costa. To accommodate that growth, Contra Costa will need to provide
housing, as well as the schools, stores and other services needed to support the projected
population increase.
Table ES-1: ABAG Projections 2013 for Contra Costa County 2010 and 2040
2010 2040 Change % Change
Population 1,049,000 1,328,000 279,000 27%
Households 375,000 464,000 89,000 24%
Employed Residents 442,000 580,000 138,000 31%
Jobs 345,000 468,000 123,000 36%
Source: ABAG Projections 2013.
While both jobs and population will increase throughout Contra Costa, growth will be
faster in some areas of the county than others. Population growth in West, Central, and
East County is expected to be the highest. Job growth in East and Central County is
expected to outpace other areas, with the lowest rate of growth found in the Lamorinda
subarea.
The demographics of the county will change as well. The median age of the county is
likely to increase as “Baby Boomers” age. Seniors may rely more on transit and
paratransit than the working population because of mobility challenges. For them,
services provided by transportation network companies such as Lyft and Uber and, over
the longer term, shared autonomous vehicles, will be a real benefit. However, these
private operations will need to adapt to senior’s mobility challenges, or the impact on
publicly funded paratransit services will be substantial.
In addition, as more families move to Contra Costa County, especially into the East
County, Central, and Tri‐Valley areas, safe transportation options for school children
August 1, 2017 Contra Costa County Board of Supervisors Minutes 577
2017 Countywide Comprehensive Transportation Plan: Volume 1
ES‐4 May 24 Public Review Draft
will become increasingly important. The “millennials,” as the generation born after 1980
is known, are driving less frequently than older generations, but whether this is a trend
or only a short‐term phenomenon is not yet clear. Partly, they are responding to the high
cost of owning and operating a vehicle, and also many are choosing to live in close‐in,
walkable neighborhoods. If this trend continues, and it may not, it would mean that
forecasts of increased congestion may be excessively dire; however, we also expect more
delay on our roadways, especially those used for the daily commute to work.
How Will Growth Affect Travel and Congestion?
The increase in population will increase travel demand throughout the transportation
system; it also will affect congestion throughout the county. The share of trips taken by
car is expected to remain at about 92 percent of all trips. Therefore, vehicle miles
traveled (VMT) will continue to increase even though the amount individuals drive,
VMT per capita, is expected to level off, as shown in Figure ES‐1. But an increase in total
VMT does not translate into more air pollutants; as more electric and clean‐fuel vehicles
take to the road, tailpipe emissions will become cleaner.
Figure ES-1: Average Weekday VMT and VMT per Capita in Contra Costa County
1980-2040
Source: Year 1980 estimated based on ARB Almanac 2007; Years 1990-2007 from 2005 MTC Travel Forecasts; Year 2013
and 2040 from Fehr and Peers and Dyett & Bhatia, 2015.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 578
Executive Summary
May 24 Public Review Draft ES‐5
Over the past 30 years, overall traffic congestion has increased at a faster rate than
population growth, as shown in Figure ES‐2. In 1986, for example, drivers in the county
experienced about 8,400 hours of delay on streets and highways; by 2012, this delay had
increased over three‐fold to 27,300 hours. More recently, the past three years show
average vehicle hours of delay increasing by 50 percent over 2012. Downturns in the
growth trend occurred during economic recessions. The County’s population, by
contrast, only grew 43 percent during this same time period. Before the fourth bore of
the Caldecott tunnel opened at the end of 2013, the SR‐24 bottleneck in Orinda was one
of the Bay Area’s top ten list of worst bottlenecks. The SR‐4 widening from four to eight
lanes, which was completed in 2015, lessened congestion on this segment of the
highway, but further east and in the I‐680 corridor, traffic congestion remains an issue.
Figure ES-2: Population Growth and Average Daily Hours of Congestion in Contra
Costa County, 1986-2016
Data Sources: Caltrans District 4, 1986-2008 Hi-Comp Report; 2009-2016 Mobility Performance Report
August 1, 2017 Contra Costa County Board of Supervisors Minutes 579
2017 Countywide Comprehensive Transportation Plan: Volume 1
ES‐6 May 24 Public Review Draft
While these improvements added new capacity to our roadway system, and eliminated
some bottlenecks, latent demand added new traffic, somewhat offsetting the perceived
benefits of these projects. Corridor management techniques, such as the Integrated
Corridor Management approach used on I‐80, can serve to meter new demand and
reduce congestion.
Looking ahead to 2040, congestion is expected to continue to increase with average
vehicle delay more than doubling. New roadway and vehicle technologies, however, can
serve to reduce vehicle delay and mitigate lost time and productivity spent in traffic.
This would be a significant economic benefit.
Environment and Health; the “Vision Zero” Concept
The transportation system affects our environment and public health. It is responsible
for about 40 percent of the greenhouse gas (GHG) emissions in California. The system
also is vulnerable to the effects of climate change, most notably rising tides, and more
needs to be done to make the system resilient to these changes. Air pollution from
mobile sources, especially diesel engines, increases the risk of asthma and lung diseases.
Traffic collisions cause fatalities and injuries, and time spent in cars directly relates to
increased rates of obesity. However, more opportunities for active transportation, and
advanced vehicle technology (electric cars and zero emissions vehicles) and better
vehicle connectivity can reduce pollution, improve public health, and reduce accidents.
Vision Zero is an international approach to road safety thinking, which originated in
Sweden in the mid‐1990s and continues to evolve. It can be summarized in one sentence:
No loss of life is acceptable. The Vision Zero approach has proven highly successful as a
guiding principle for many transportation organizations and plans. For example, the
Intelligent Transportation Society of America (ITSA) has adopted Vision Zero as a
primary driver towards intelligent transportation technologies that can improve safety.
Indeed, a key part of travel safety is vehicle technology, such as connected/autonomous
vehicles, but safety also is provided by roadway design, traffic controls, connectivity,
education and training. Increased mobility depends on effective road safety, and this
concept is a fundamental component of the CTP.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 580
Executive Summary
May 24 Public Review Draft ES‐7
Equity
The Authority is committed to the principle of fairness, meaning benefits and burdens
that occur from transportation investments should be equally distributed to all residents.
The Authority also invites all residents to participate in the decision‐making processes
through outreach activities, which are described on the following pages.
The equity implications of the Long‐Range Transportation Investment Program
presented in this CTP were evaluated using MTC’s performance targets. The results of
this analysis are contained in Volume 2. Overall the 2017 CTP supports Plan Bay Area’s
equity targets for the Regional Transportation Plan (RTP) by offering equitable
transportation opportunities for all residents, including those living in Communities of
Concern and for minority and low‐income residents.
Opportunities
The CTP supports improvements to the efficiency of existing infrastructure, strategic
investments in new capacity, advanced technology, and new potential funding sources
to provide opportunities to improve the mobility and accessibility in Contra Costa. New
technology, which supports express lanes and integrated corridor management, coupled
with proven technologies for traffic signal coordination and ramp metering, is already
improving the efficiency of existing roads and freeways. Shared‐use mobility services
through transportation network companies that facilitate carpooling are filling unused
seating capacity of the vehicles traveling on the roads. And the technology on the
horizon, such as fully connected and autonomous vehicles, provides huge opportunities
for improved efficiency through potential reduction of accidents and increased roadway
capacity.
PUBLIC ENGAGEMENT; OUTREACH ACTIVITIES
The CTP has been prepared with substantial public input since work began on the
update in 2014. The Authority’s outreach spanned the gamut from traditional forums,
public meetings and newsletters to new technologies, including social media. This
extensive outreach effort enabled the Authority to learn how residents generally viewed
the Plan’s proposals and transportation needs. An online public engagement
survey/comment tool and a telephone Town Hall, one of the first in the Bay Area,
offered individuals the opportunity to engage with the Authority’s Board members and
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senior staff. The Authority also hosted a website portal that enabled residents to express
their priorities by showing how they would allocate funding and prioritize investments
across an array of projects and programs.
Those participating in the outreach activities supported a broad range of projects and
programs; many also expressed concerns about congestion on arterial corridors and
highways across the county; funding for bicycle and pedestrian projects; and climate
change. These comments guided Authority staff in making revisions that have been
incorporated into the 2017 CTP.
Following release of the Draft 2017 CTP, the Authority will initiate a public engagement
process that will allow Contra Costa’s residents to weigh in on the Draft Plan. This effort
will include:
Countywide workshops using an “open house” format to facilitate participation;
Meetings with the Authority’s Citizens Advisory Committee;
Public meetings starting in June to enable the Authority to hear comments from
residents and others on the Draft Plan and the Environmental Impact Report
(EIR) on the Plan;
Focus group and stakeholder outreach;
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Workshops and study sessions with the Regional Transportation Planning
Committees (RTPCs); and
Presentations to City Councils, boards and commissions, upon request; and
An online open house from the end of May through July for residents to learn
more about the Plan and provide feedback.
VISION, GOALS AND STRATEGIES
The following vision encapsulates the role the transportation system will play in
supporting the people, economy, and environment of Contra Costa:
Strive to preserve and enhance the quality of life of local communities by promoting a
healthy environment and strong economy to benefit all people and areas of Contra Costa,
through (1) a balanced, safe, and efficient transportation network, (2) cooperative
planning, and (3) growth management. The transportation network should integrate all
modes of transportation to meet the diverse needs of Contra Costa.
To achieve this vision, the Authority identified five goals for the 2017 CTP.
1.Support the efficient, safe, and reliable movement of people and goods using all
available travel modes;
2.Manage growth to sustain Contra Costa’s economy, preserve its environment
and support its communities;
3.Expand safe, convenient and affordable alternatives to the single‐occupant
vehicle;
4.Maintain the transportation system; and
5.Continue to invest wisely to maximize the benefits of available funding.
For each of these goals, the Authority has identified strategies for achieving them.
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Investing Wisely
One of the Authority’s goals is to “invest wisely”, because our funding needs far exceed
our funding resources. Creating a “wise” investment package will require using our
funds to attract funds from other sources and evaluating proposed projects to identify
those that best meet the Authority’s vision.
The 2017 CTP outlines the investment priorities proposed by the Authority., It begins
with the priorities expressed in MTC’s 2013 RTP, and uses that as a building block to
establish new priorities through the Action Plans developed by the RTPCs, from public
and stakeholder input, and from recently completed studies that focus on specific
corridor issues. It reflects a “bottoms‐up” approach, drawing together all of the
suggestions for funding that have been submitted since the last CTP was adopted in
2009. Priorities were reviewed with the RTPCs, stakeholders, and the Authority’s
advisory committees, and the results of packages of project and programs were
evaluated and compared using performance measures established by MTC. The
building blocks for the Long‐Range Transportation Investment Program (LRTIP)
included in the CTP reflects the consensus that emerged from these discussions and
Authority direction on a preferred approach.
Measure C and Measure J together have made a substantial dent in funding needed for
projects and programs, not only from the revenues they generated, but also the funding
they attracted from other sources. The following table shows Measure C/J expenditures
by category, including the amount of funds leveraged, for a total of 6.5 billion in Year of
Expenditure (YOE) dollars.
Table ES-2: Measures C and J Past and Future Project Expenditures
(Year of Expenditure Dollars in Millions)
Measure C and Measure J Past Future Total
Roadway (highways, arterials and maintenance) $755 $1,031 $1,785
Transit (rail, bus, ferry, express bus, paratransit, commute alternatives) $434 $738 $1,171
Pedestrian & Bicycle, including Transportation for Livable
Communities, trails, safe transport for children, and subregional needs
$11 $323 $334
Other $144 $373 $517
Subtotal $1,344 $2,464 $3,808
Leveraged funds on Measure C & J projects $1,721 $970 $2,691
TOTAL FUNDS $3,065 $3,434 $6,499
Note: Past expenditures are through FY 2014-15 up to June 30, 2015.
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The Authority maintains a “master” project list that includes all projects – completed,
under construction, and proposed. Called the Comprehensive Transportation Project
List, or CTPL, this financially‐unconstrained project list is used to track all potential
projects and their funding status. All told, over $29 billion in new projects and programs
have been identified to maintain and improve our roads, freeways, transit systems, and
bicycle and pedestrian facilities, meaning there is a significant unfunded need.
Table ES‐3 presents the proposed 2040 funding program that has been developed by the
Authority. It reflects a combination of existing and new potential revenue sources and
leverage of local sources through State and federal grant programs, with priority given
to those programs and projects that will help transform and maintain the transportation
system with technology and innovation.
Table ES-3: LRTIP Funding Overview (2017 $ in Millions)
Total Cost % of Total
Freeway and Roadway Projects $3,742 47%
Transit Projects $2,150 27%
Pedestrian and Bicycle Projects $200 3%
Other Projects $355 4%
Countywide and Subarea Programs $1,555 19%
Subtotal (Additional Revenues) $8,002 100%
2013 RTP Projects Total (Assumed Revenues) $3,672
TOTAL FUNDS $11,674
Note: Numbers may not sum precisely due to rounding.
Figure ES‐3 shows a high‐level summary of the funding allocations in the LRTIP,
including the split between projects and programs and the travel modes supported.
Public feedback on these allocations will help the Authority determine whether any
adjustments should be made in the final plan to be considered for adoption.
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Figure ES-3: Funding Allocations in the LRTIP (excluding 2013 RTP)
Maintaining our System
One of the Authority’s greatest challenges is to ensure adequate maintenance of the
transportation system, so the capital investments that have been and will be made are
not compromised. The 2017 CTP includes new strategies to establish effective preventive
maintenance and reduce the backlog of transportation rehabilitation and maintenance
needs. Creating a stable funding source for long‐term maintenance costs is a Plan
priority. With this in mind, the Authority intends to expand the Regional Transportation
Mitigation Program to ensure that fees collected cover the costs of ongoing maintenance.
New facilities should not be built if they cannot be maintained. Deferred maintenance of
existing facilities also is addressed, along with the role of external partnerships, such as
the California Transportation Infrastructure Priorities Work Group among others, in
helping secure needed funding.
IMPLEMENTING THE PLAN
The 2017 CTP will play an important role in shaping our transportation policy and
investment decisions. But how will the Plan be carried out? The CTP outlines the
strategies, the partnerships and the guidelines essential for a smooth transition from
concept to reality. The Authority will need to work with many agencies to fund and
prioritize the programs and projects in the LRTIP. New revenue sources will be
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investigated. The potential for public‐private partnership also will be explored as they
have proven particularly effective in the Bay Area and elsewhere.
Detailed implementation tasks to follow through on the goals and strategies listed in the
CTP are grouped into the following eight broad categories:
Implement Measure J funding programs
Plan for Contra Costa’s transportation future
Respond to State and federal legislative mandates
Support Growth Management Program
Design and construct transportation improvements
Improve systems management and maintenance
Build and maintain partnerships
Secure long‐term funding for transportation improvements
The 2017 CTP represents the Authority’s long‐term plan for investment in our
transportation system, cooperative planning, and growth management. Working with
its partner agencies, the Authority will apply the strategies outlined in the 2017 CTP to
achieve this vision.
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1 Introduction
A well‐designed, safe, and efficient network of roads, streets, freeways,
transit services, and bicycle and pedestrian facilities is essential to the
economic and environmental health of Contra Costa. The Authority has a
strong track record of working with its partners to plan, fund, and deliver
the transportation projects and programs necessary to establish and
maintain a strong network of facilities and services.
The 2017 CTP provides the policy framework and steps necessary for the
Authority to achieve its vision. It includes an analysis of challenges and
opportunities; a definition of the vision, goals, and strategies; and defines
how the Plan will be carried out through a Long‐Range Transportation
Investment Program and an Implementation Program, with defined
responsibilities and a schedule of activities.
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THE AUTHORITY’S ROLE
The Authorityʹs role in government is to plan, fund, design, and build transportation
improvements to enhance the quality of life, promote a healthy environment, and build
a strong economy. In fulfilling this role, the Authority works to:
Deliver the voter‐approved projects and programs in Measure C and J;
Implement the Measure J Growth Management Program (GMP);
As the Congestion Management Agency for Contra Costa, participate in MTC’s
programs and oversee implementation of State and federal programs; and
Create innovative solutions to address growing congestion and air quality issues.
The Countywide Comprehensive Transportation Plan, or CTP, is the Authorityʹs
broadest policy and planning document. Besides outlining the Authorityʹs vision and
goals, the CTP outlines the various strategies for addressing transportation and growth
management issues within Contra Costa and presents a Long‐Range Transportation
Investment Program.
Part of the Authorityʹs vision for a balanced, safe, and efficient transportation network
includes the encouragement of bicycling and walking in Contra Costa County. The
Authority adopted its first Countywide Bicycle and Pedestrian Plan (CBPP) in 2009 in
recognition of the benefits of walking and bicycling and to provide support for these
transportation modes. The CBPP underwent a minor update in 2013 and is currently
undergoing a full update.
GROWTH MANAGEMENT PROGRAM
The Authority has been implementing its Growth Management Program (GMP) since
Measure C was enacted. Under both Measure C and presently Measure J, the Authority
has three primary responsibilities to carry out the GMP. First, the Authority must
prepare the Countywide Comprehensive Transportation Plan, and encourage
cooperative planning among the jurisdictions within Contra Costa. Second, the
Authority is responsible for developing and carrying out a Regional Transportation
Mitigation Program. The Authority’s program is built from the fees and impact
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programs adopted by the RTPCs. Third, the Authority also develops and maintains
computer models for analyzing the effects of land use changes and transportation
improvements.
CCTA AWARDS
Since the last CTP was adopted, the Authority has received numerous awards for its
work. Some of the most notable are listed below.
California Engineering Excellence Award from the American Council of
Engineering Companies, 2017
Platinum Certificate of Achievement for Excellence in Financial Reporting Award
from the Government Finance Officers Association, five consecutive years
Partnering Champion Award from the International Partnering Institute, 2017
Executive Director Randell Iwasaki named in the “Top 10 Public Sector
Transportation Innovator’s List” by the ENO Center for Transportation, 2016
Organization of the Year by the California Transportation Foundation, 2016
Most Innovative Use of Social Media Award from the Center for Digital
Government, 2015
AAA credit rating from Fitch Ratings, 2015
National Project Achievement Award from the Construction Management
Association of America, 2015
Overview and Program Components
Under Measure J, the GMP remains in effect through 2034. Measure J establishes the
overall goal for the Growth Management Program:
…to preserve and enhance the quality of life and promote a healthy, strong economy to
benefit the people and areas of Contra Costa through a cooperative, multi‐jurisdictional
process for managing growth, while maintaining local authority over land use decisions.1
This goal emphasizes both the breadth of the Authority’s objectives and the need for
collaboration in achieving them.
As approved, the Measure J GMP has four objectives:
1 Contra Costa Transportation Authority, Measure J Expenditure Plan, p. 23. July 2004.
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Assure that new residential, business and commercial growth pays for the
facilities required to meet the demands resulting from that growth.
Require cooperative transportation and land use planning among local
jurisdictions.
Support land use patterns within Contra Costa that make more efficient use of
the transportation system, consistent with the General Plans of local jurisdictions.
Support infill and redevelopment in existing urban and brownfield areas.
To receive its share of Local Streets Maintenance and Improvement funds and to be
eligible for Contra Costa Transportation for Livable Communities (TLC) funds, each
jurisdiction must:
Adopt a growth management element, as part of its General Plan, that outlines
how the jurisdiction will comply with the other requirements listed below;
Adopt a development mitigation program that ensures that new growth pays for
its share of the costs associated with that growth;
Address housing options by demonstrating reasonable progress in providing
housing options for people of all inc ome levels in a report on the implementation
of actions outlined in the adopted Housing Element;
Participate in an ongoing, cooperative planning process with other jurisdictions
and agencies in Contra Costa to create a balanced, safe, and efficient
transportation system and to manage the impacts of growth;
Adopt an Urban Limit Line (ULL) that complies with the Countywide, voter‐
approved ULL or the local jurisdiction’s voter‐approved ULL;
Develop a five‐year capital improvement program that outlines the capital
projects needed to meet the goals of the local jurisdiction’s General Plan; and
Adopt a transportation systems management (TSM) ordinance or resolution to
promote carpools, vanpools and park and ride lots.
After completing a compliance checklist and receiving approval by the Authority that
the requirements of the GMP have been fulfilled, the Authority allocates to each
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jurisdiction its share of Local Streets Maintenance and Improvement funding (and TLC
funding, if applicable and available). Jurisdictions may use funds allocated under this
provision to comply with administrative requirements.
CONGESTION MANAGEMENT PROGRAM
Since 1990, following passage of Proposition 111, the Authority has served as the
Congestion Management Agency, or CMA, for Contra Costa. As CMA, the Authority is
responsible for preparing, and updating every other year, a Congestion Management
Program (CMP). The CMP identifies, among other things, performance measures for a
network of State highways and principal arterials, a land use evaluation program, and a
seven‐year capital improvement program.
Perhaps of greater significance, serving the CMA for Contra Costa gives the Authority a
voice in discussions of transportation policy and funding at the regional level. In the last
five years, the Authority worked together with other CMAs in the development of Plan
Bay Area. This role also gives the Authority the responsibility for allocating various
federal and State transportation funding to a wide range of transportation projects. The
Authority also allocated funding to projects throughout Contra Costa through the One
Bay Area Grant (OBAG) and Regional Safe Routes to School (SR2S) programs.
New strategies the Authority will pursue as part of its CMA role include:
Supporting development of a Monitoring “Dashboard” application to help local
jurisdictions track development trends in Priority Development Areas and in
Communities of Concern and implement the Sustainable Communities Strategies
in Plan Bay Area.
Investigating opportunities to extend the Regional Development Mitigation
Program to include support for a Transit Mitigation Fund, which could support
service expansion, as needed, and programmatic reductions in vehicle miles
traveled (VMT) to mitigate the impacts of development.
Reporting on transportation projects and any related housing impacts that affect
Communities of Concern as part of support for MTC’s Regional Active
Transportation Program (ATP) and statewide guidelines for ATPs adopted by
the California Transportation Commission.
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PARTNERSHIPS
Local Jurisdictions
The Authority works with local jurisdictions to prioritize and manage the construction
and maintenance of local streets and roads along with investments that support active
transportation, particularly walking and biking, and access to transit. In addition, local
jurisdictions have authority over land use, which is integral to the planning and
efficiency of the transportation system.
Regional Transportation Planning Committees
The Regional Transportation Planning Committees (RTPCs) are made up of elected and
appointed representatives from each jurisdiction within that region. Figure 1‐1 shows
these regional boundaries. Officials from transit agencies and planning commissions
also serve on some of the RTPCs, either as voting or ex‐officio non‐voting members.
Each RTPC oversees one Action Plan, except for Southwest Area Transportation
Committee (SWAT), which oversees two. In addition to their responsibilities for
preparing and updating the Action Plans, the RTPCs are involved in various
transportation planning efforts. Central Contra Costa Transportation Committee, also
known as the Transportation Planning and Cooperation Advisory Committee
(TRANSPAC), for example, was involved in the I‐680 High‐Occupancy Vehicle (HOV)
Express Bus Study, while West Contra Costa Transportation Advisory Committee
(WCCTAC) worked with Alameda County jurisdictions on the I‐80 Integrated Corridor
Management Project. In East County, TRANSPLAN is participating in the development
of a BART extension, and in SWAT, the City of San Ramon and the Town of Danville
have developed a new school bus program under Measure J.
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Figure 1-1: Regional Transportation Planning Committees
Metropolitan Transportation Commission and Association of Bay Area
Governments
The Metropolitan Transportation Commission (MTC) is the transportation planning,
coordination, and financing agency for the nine‐county San Francisco Bay Area. MTC
functions as both the regional transportation planning agency (RTPA)—a state
designation—and for federal purposes as the region’s metropolitan planning
organization (MPO). In these roles, MTC is responsible for the Regional Transportation
Plan (RTP), including the Sustainable Communities Strategy to meet regional GHG
reduction targets.
While MTC is responsible for transportation planning in the Bay Area, the Association
of Bay Area Governments, known by its acronym ABAG, is responsible for more general
planning. ABAG also develops population and economic forecasts, which are used for
the Bay Area’s Sustainable Communities Strategy and by the Authority in its computer
modeling.
an
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In addition, ABAG is responsible for allocating to each local jurisdiction within the Bay
Area a share of the region’s housing needs, as part of the state’s Regional Housing
Needs Assessment. Each jurisdiction uses their allocation to prepare their state‐
mandated housing elements, which are intended to encourage production of housing for
low and moderate income households. Compliance with State Housing Element law is
an important component of the Growth Management Program.
State of California and Caltrans
The California Department of Transportation (Caltrans) manages more than 50,000 miles
of highway and freeway lanes and provides intercity rail services. The Authority
partners with Caltrans on design and construction of our interstates and highways,
including I‐80, I‐680, and SR‐4 in Contra Costa. In addition, the state provides important
funding for transportation projects. For example, the State Transportation Improvement
Program funds projects that expand capacity; the State Highway Operation and
Protection Program provides funding for maintenance; and the Active Transportation
Program focuses funding on bicycle and pedestrian mobility projects.
The Bay Area Air Quality Management District and California Air Resources
Board
The Bay Area Air Quality Management District (BAAQMD) in close consultation with
the California Air Resources Board (CARB) has prepared plans designed to achieve and
maintain federal and State standards for air quality within the Bay Area. These plans—
the Air Quality Plan designed to meet federal requirements and the 2010 Bay Area Clean
Air Plan designed to meet the requirements of the California Clean Air Act—include
transportation control measures (TCMs) that affect the Authority and other CMAs
within the region. CARB is responsible for the State implementation plan required by
the federal Clean Air Act; it also has prepared Vision for California: A framework for Air
Quality and Climate Planning, Goods Movement Emissions Reduction Plan, and reports on
transportation strategies and air quality.
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Transit Providers
Various agencies provide transit services—including rail, bus, ferries, and paratransit—
within Contra Costa. Rail service is provided both by the Bay Area Rapid Transit District
(BART), the Altamont Corridor Express (ACE), which serves the Alameda County
portion of the Tri‐Valley, and Amtrak, which runs the Capitol Corridor train to
Sacramento and beyond. Four bus providers—AC Transit, WestCAT, the County
Connection, and Tri Delta Transit—serve Contra Costa itself and Wheels serves Tri‐
Valley. Ferry service is available from Larkspur and Vallejo in adjoining counties and
service from Richmond to San Francisco will be re‐instated in 2018. Paratransit service is
also available throughout Contra Costa. The Authority works with these transit
providers to achieve its mission through joint committees and other working
relationships and through funding for services and improvements.
RELATIONSHIP TO OTHER PLANS AND REGULATIONS
Action Plans for Routes of Regional Significance
In preparing the CTP, the Authority relies on the preparation of “Action Plans” by the
RTPCs. The Action Plans, prepared by the RTPCs for these sub‐areas, set goals,
objectives, and actions to guide sub‐area planning and local activities. The Action Plans
include Multimodal Transportation Service Objectives (MTSOs) for designated Routes of
Regional Significance and specific actions to be implemented by each jurisdiction. The
Action Plans also include procedures for reviewing the impacts of proposed local
General Plan amendments that could affect the achievement of MTSOs and a process for
consultation on environmental documents among jurisdictions. Summaries of the Action
Plans are included in Volume 2 as part of the CTP.
Countywide Bicycle and Pedestrian Plan
Contra Costa’s Countywide Bicycle and Pedestrian Plan (CBPP) of 2009 grew out of the
Authority’s 2000 update to the CTP. The CBPP establishes goals, describes existing
conditions, prioritizes bike corridors and pedestrian improvements, and outlines
implementation tasks. The analysis of and recommendations for pedestrian and bicycle
facilities helped to guide the selection of strategic investments in the 2017 CTP update.
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Express Bus Study
The Draft Contra Costa Express Bus Study Update (currently underway) assesses service
needs and emerging trends in the county. The express bus recommendations are
designed to complement BART service with inter‐community routes along corridors not
served by rail. There is growing support for express bus systems as the public is
resistant to congested highways yet in need of alternative means of transportation.
Ferry Service Study
The 2014 Financial Feasibility of Contra Costa Ferry Service examined the financial
feasibility of four direct ferry service lines from Richmond, Hercules, Martinez, and
Antioch. The study found that under current conditions, only the proposed service route
from Richmond could operate under the existing Water Emergency Transportation
Authority (WETA) farebox recovery threshold for ferry service without further funding
from the State or other sources. The Richmond service is moving forward.
The Regional Transportation Plan / Sustainable Communities Strategy
State and federal law requires MTC to prepare and update a Regional Transportation
Plan (RTP) and update it every four years. Similar to the CTP, the RTP is a long‐range
plan of at least 20 years into the future that specifies the strategies and investments to
maintain, manage, and improve the region’s transportation network, including bicycle
and pedestrian facilities, local streets and roads, public transit systems, and highways.
With the passage of California’s Sustainable Communities and Climate Protection Act
(SB 375) in 2008, a Sustainable Communities Strategy (SCS) must be developed as part of
the RTP. It must outline an integrated transportation and land use plan that can be
implemented within the expected financial constraints over the next 25 years,
accommodate projected population growth, and reduce GHG emissions.
CTPs must “consider” the most recently adopted RTP, and the CTPs form the basis for
the next RTP. To obtain funding through many State and federal sources, projects must
be included in the RTP. The most recent RTP, Plan Bay Area, was adopted in 2013. The
2017 RTP Update is currently underway and is scheduled to be adopted by MTC in July
2017.
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CTP Guidelines
In preparing the CTP, the Authority has followed the CTP Guidelines that MTC updated
in November 2014. MTC’s Guidelines affirm the close relationship between the CTP and
the RTP (discussed above), while they also recognize the need for some local flexibility.
The Guidelines also call for 10‐year and 20‐year lists of projects reflecting funding
priorities; these are in Appendix C of Volume 2.
Priority Development Areas, Communities of Concern, and CARE
Communities
Plan Bay Area focuses investments on maintaining the Bay Area’s transportation system,
and this focus is carried forward into the strategies of the CTP. In addition, the land use
distribution approach utilized by Plan Bay Area uses Priority Development Areas (PDAs)
and transit priority projects (TPPs) to meet the sustainability goals of the State. PDAs are
intended to encourage development near high‐quality transit as a key transportation
investment of Plan Bay Area. Most TPP‐eligible areas are within PDAs or within close
proximity to transit. In addition, as part of Plan Bay Area, Priority Conservation Areas
(PCAs) were identified to strategically protect natural resources.
As part of the 2013 Plan Bay Area planning process, an equity analysis was conducted to
evaluate the transportation and land use planning in relation to environmental justice
and equity policy priorities. It identified Communities of Concern, communities that
have “multiple overlapping potential disadvantage factors” or concentrations of both
low‐income and minority populations, throughout the Bay Area. In planning for the
transportation system in Contra Costa, it is essential to provide equitable transportation
opportunities to the populations in these communities.
In addition, the Bay Area Air Quality Management District (BAAQMD) initiated the
Community Air Risk Evaluation (CARE) program in 2004, which aimed to evaluate and
reduce health risks associated with exposure to outdoor toxic air contaminants and fine
particulate matter in the Bay Area. The program examines and characterizes potential
risks associated with toxic air contaminants and fine particulate matter from stationary
and mobile sources, and develops and implements mitigation measures to achieve
cleaner air, with a focus on priority communities (CARE Communities). Figure 1‐2
shows PDAs, Communities of Concern, and the CARE Communities in Contra Costa.
Planning for all of these areas is incorporated into the 2017 CTP.
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THE COMPREHENSIVE TRANSPORTATION PLAN
The Countywide Comprehensive Transportation Plan (CTP) is one of the Authority’s
key planning tools. As approved by the voters in 1988, Measure C requires the Contra
Costa Transportation Authority to:
Support efforts to develop and maintain an ongoing planning process with the cities and
the county through the funding and development of a Comprehensive Transportation
Plan.2
The Authority adopted its first CTP in 1995. The first major update occurred in 2000, and
a comprehensive update tied to renewal of the sales tax was adopted in 2004. In 2009, as
Measure J began to go into effect, the 2009 CTP, the third major update, was adopted.
This document — the 2017 CTP — represents the fourth major update.
The CTP provides the overall direction and a coordinated approach for achieving and
maintaining a balanced and functional transportation system within Contra Costa, while
strengthening links between land use decisions and transportation. It outlines the
Authority’s vision for Contra Costa and its transportation system, along with the goals,
strategies, and specific projects and other actions for achieving that vision. The CTP also
outlines the Authority’s short‐ and long‐range priorities for investing expected revenues,
including projects recommended for inclusion in the Regional Transportation Plan
prepared by MTC.
The CTP is presented in two volumes:
Volume 1: Includes the vision, goals and strategies, the Long‐Range
Transportation Investment Program (LRTIP) and the implementation program.
Volume 2: Includes details on the transportation system, summaries of the
Action Plans for Routes of Regional Significance, 10‐year and 20‐year funding
targets, and an evaluation of the performance of major projects in the LRTIP,
measured against MTC performance targets and an equity analysis.
2 Contra Costa Transportation Authority, Measure C Expenditure Plan, Section 5.C.4, 1988, as amended and restated
by Ordinance 06-02 (Measure J), in 2006.
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Hon ker
Bay
San Jo
aquinRiver
Clifton
Court
F orebay
Los
Vaqueros
R eserv oir
San
Pablo
Re servoir Br iones
Re serv oir
Mt Diablo
S WA T-
L A M O R I N D A
780
680
80
80
680
680
580
580880
280
980
580
580
80
24
24
13
4
4
242
160
4
4
4
0 2 4 6
MILES
8 10
Regional Transportation
Planning Committee (RTPC)
Priority Development Area (PDA)
Community of Concern (COC)
CARE Communities
City Limits
Priority Conservation
Areas (PCA)
Park/Open Space
Freeway
Major Roadway
BART
eBART
Railroad
Figure 1-2: PDAs, COCs, and CARE Communities
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Introduction
May 24 Public Review Draft 1‐15
OUTREACH
In mid‐2014, the Authority undertook an extensive outreach effort to learn how
residents view the Plan’s proposals and transportation needs in general. The feedback
varied throughout the county with positive comments on many of the proposed
projects. The outreach effort continued through 2015 and early 2016, to support the
Authority’s development of a Transportation Expenditure Plan.
Activities and Participation
A variety of techniques were used to reach a broad cross‐section of the community,
including public workshops, an online public engagement survey/comment tool, and a
telephone Town Hall, offering callers the opportunity to engage with the Authority’s
senior staff. All told, 156 people attended the workshops, 1,378 callers participated in the
Town Hall, and over 4,000 unique visitors were recorded as logging in to the website.
This was a significant increase in participation compared with prior CTP updates.
Public Workshop and Online Feedback
Workshops were held across the regions in the county,
and feedback from the public workshops was generally
rather specific to each region:
Those attending the Southwest & Central
workshops were concerned about congestion
on I‐680 and the need for new travel
alternatives, including BART, bus, bicycle, and
pedestrian facilities.
In West County, strong support was expressed
for improved transit options, such as bus,
BART, and ferry, to help ease I‐80 congestion,
without a strong preference for a single
solution.
In Eastern Contra Costa, workshop attendees spoke positively about proposals to
improve Vasco Road and other connections to I‐580 like Tri‐Link.
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The online feedback was more project‐specific, with “likes” for many projects in the
CTP.
Following these efforts, the Authority hosted a website portal called Funding our Future,
which enabled residents to express their priorities by showing how they would spend
money and prioritize investments across an array of programs. The feedback received
helped the Authority to develop a Transportation Expenditure Plan for voter
consideration in November 2016. Choices included BART and bus projects,
improvements to local streets and highways, investments in biking and walking
facilities, and investments in programs for seniors and people with disabilities. The
results were compiled in “real time”, so those responding could compare their choices
with how other community members were investing.
Improving Bicycle
And Pedestrian
Safety For K-12
Students
-20 “likes”
Treat The Iron Horse Trail
as a Thoroughfare
-36 “likes”
Build BART
Connect Walnut
Creek to Dublin.
-34 “likes”
When Will You
Start Accepting
CLIPPER?
-27 “likes”
Light Rail Along
Existing Ygnacio
Valley Road
Median?
-21 “likes”
BART & 680 I’d like
to see BART
extended down the
680 corridor.
-19 “likes”
Getting You To San
Francisco And Back Home,
By Ferry
-21 “likes”
August 1, 2017 Contra Costa County Board of Supervisors Minutes 603
Introduction
May 24 Public Review Draft 1‐17
This public input guided Authority staff in making revisions that have been
incorporated into the 2017 CTP. In summary, there was strong support for transit
expansion down the I‐680 corridor; BART extensions; expanded parking and transit
access to BART stations; bus service expansion and improvements; ferry service;
improved access to schools; and maintenance improvements on local streets and roads.
Those participating in the outreach activities also expressed concerns about congestion
on arterial corridors and highways across the county; funding for bicycle and pedestrian
projects; and climate change.
PREPARING AND ADOPTING THE CTP
The 2017 CTP was prepared in close collaboration with local jurisdictions in Contra
Costa and with regional partners and State agencies. The CTP builds on the five Action
Plans for Routes of Regional Significance, joining these together to create a unified
network of programs and projects. The Action Plans also provided an important
foundation for the investment program in the CTP. Throughout the process,
stakeholders provided input on interim working products. MTC and ABAG also were
invaluable sources of technical information.
Because the CTP is subject to the California Environmental Quality Act (CEQA), the
Authority is required to prepare an environmental assessment of the Plan’s impacts
through development of an Environmental Impact Report (EIR). In addition to covering
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2017 Countywide Comprehensive Transportation Plan: Volume 1
May 24 Public Review Draft 1‐18
the impacts of the overall plan, the CTP EIR will enable tiering of subsequent
environmental documents for following‐on projects during Plan implementation. Source: Karl Nielsen, Metropolitan Transportation Commission Supporting the efficient and reliable movement of people and goods, one of the strategies of the CTP, has been
accomplished through projects such as the Highway 4 Corridor project.
Following are the key steps for the review and approval process for this Plan Update:
1.Authority releases the Draft 2017 CTP on May 24, 2017.
2.Authority releases the Draft Environmental Impact Report (DEIR) on June 12,
2017.
3.Public and RTPC review: June and July 2017.
4.Close of comment period: July 28, 2017.
5.Review comments on Draft 2017 CTP and EIR and prepare proposed final 2017
CTP Update: July 2017 –August 2017.
6.Authority certifies Final EIR and adopts the Final 2017 CTP Update: September
20, 2017.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 605
2 Challenges and
Opportunities
As more people choose to live and work in the Bay Area, every county in the
region is expected to continue to grow. Contra Costa’s future growth – in
the form of new jobs, households, and residents – will strain current
transportation resources and increase travel and commute time within the
transportation network. Concerns about environmental issues and
mandates, public health, and ensuring equitable opportunities for all of
Contra Costa’s residents are likely to grow as residents, households, and jobs
increase in the county.
To minimize these impacts, it is vital that our future transportation network
address the challenges of a growing and changing population; we must be
innovative and respond to the opportunities of new technology, changing
demographics, and emerging travel patterns. The CTP outlines how the
Authority will do this to ensure that the transportation system continues to
meet Contra Costa’s needs through 2040.
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CHALLENGES
Nine key challenges are anticipated through 2040, including expected population,
household, and job growth; an aging population; travel patterns; travel choices;
maintenance of the transportation system; climate change and sea level rise; safety;
environmental impacts on communities; and equity issues associated with meeting the
transportation needs of all of Contra Costa’s residents.
Growth Through 2040
Overall, while the rate of growth is expected to slow from the substantial growth of the
post‐World War II period, Contra Costa is still expected to add 279,000 residents by
2040, a 27 percent increase over 30 years, as the Bay Area overall will grow by 700,000
households over the same time period. Some areas of the county are expected to grow
faster than others. Much of the population and household growth is expected in West,
Central and East County areas. Job growth is expected to speed up, with the addition of
123,000 jobs by 2040, a 36 percent increase in the county. The number of employed
residents is expected to increase as well. Therefore, the ratio of workers to jobs will
remain roughly unchanged, with many workers having to commute outside of Contra
Costa to get to their jobs,
The growth in out‐commuting over the Richmond Bridge, not foreseen a decade ago, is
likely to continue with strong demand for service employment in Marin County.
Tables 2‐1 and 2‐2 show the growth in population, jobs, and employed residents from
2010 to 2040 for each subregion. Figures 2‐1 and 2‐2 show the expected increase in
population and employment growth for the county, by Traffic Analysis Zone (TAZ).
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Figure 2-1: Expected Population Growth in Contra Costa County, 2010-2040
Table 2-1: Population Growth from 2010 to 2040, By Subarea
2013 Population
Projections Change
2010-2040
% Change
2010-2040 RTPC 2010 2040
West 250,419 323,904 73,485 29%
Central 303,490 391,494 88,003 29%
East 293,913 379,989 86,076 29%
Lamorinda 59,118 68,585 9,467 16%
Tri-Valley: Contra Costa 142,085 164,487 22,402 16%
Subtotal 1,049,025 1,328,459 279,433 27%
Tri-Valley: Alameda 202,133 270,375 68,242 34%
Total 1,251,158 1,598,834 347,675 28%
Source: ABAG Projections 2013; Plan Bay Area
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Figure 2-2: Expected Employment Growth in Contra Costa County, 2010-2040
Table 2-2: Jobs and Employed Residents, 2010 and 2040, By Subarea
2013 Projections Change
2010-2040
% Change
2010-2040 RTPC 2010 2040
Jobs
West 62,571 85,193 22,622 36%
Central 146,331 199,879 53,548 37%
East 51,205 71,473 20,269 40%
Lamorinda 20,707 25,927 5,220 25%
Tri-Valley: Contra Costa 64,087 85,605 21,518 34%
Subtotal 344,901 468,077 123,177 36%
Tri-Valley: Alameda 120,007 169,445 49,438 41%
Total 464,908 637,522 172,615 37%
Employed Residents
West 104,492 139,041 34,549 33%
Central 137,040 192,459 55,419 40%
East 114,718 147,017 32,299 28%
Lamorinda 24,594 31,961 7,368 30%
Tri-Valley: Contra Costa 61,460 69,768 8,307 14%
Subtotal 442,304 580,246 137,942 31%
Tri-Valley: Alameda 88,163 124,838 36,675 42%
Total 530,467 705,084 174,617 33%
Source: ABAG Projections 2013; Plan Bay Area
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Changing Demographics – An Aging Population
Table 2‐3 shows the expected growth of the Contra Costa population over 65. The
number of Contra Costans above the age of 65 will nearly triple. As the “Baby Boomers”
grow older, we can expect to see changes in the coming years. Many may choose to “age
in place,” which could increase the median age in the county. The mobility challenges of
a growing senior population need to be considered as they are expected to rely more on
transit and paratransit than the working population. In addition, with more families
moving to Contra Costa County, providing safe transportation options for children,
including bus service and safe routes to walk and bike, will be important. Improving the
transportation system to meet the needs of Contra Costa’s diverse communities is a key
consideration in the 2017 CTP.
Table 2-3: Growth in Population Over 65 in Contra Costa County, 2010-2040
Age Group Estimate 2010 Projected 2040 % Increase
65-74 71,635 158,671 121%
75-84 40,546 140,797 247%
85+ 19,524 73,976 279%
65+ 131,705 373,444 184%
Projections Prepared by Demographic Research Unit, California Department of Finance
Travel Patterns
In 2013, just under 260,000 persons, representing about 60 percent of employed Contra
Costa residents, commuted out of the county for their primary work, as shown in Table
2‐4. This is a higher rate than all counties in the Bay Area except Solano County, and it is
about the same rate as Marin and San Mateo counties. Figure 2‐3 shows the percentage
of residents who commute out of the county for work by jurisdiction. Notably, in many
cities in West County, Lamorinda, and Tri‐Valley, over half of the residents commute to
work outside of Contra Costa. Commuting out of the county, or “out‐commuting,” is
less common in Central and East County cities, where only a quarter to a third of
residents generally commute to work outside the county.
Each day, around 259,000 of Contra Costa’s employed residents commuted out of the
county in 2013, while 159,000 workers living outside the county commuted in. One
decade earlier, in the year 2003, fewer people commuted in and out, and more residents
stayed within the county for their work (166,000 vs. 159,000).
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Table 2-4: Contra Costa In-Commute and Out-Commute in 2003 and 2013
Reside in Contra Costa
Reside Outside of
Contra Costa
2003 2013 2003 2013
Commute out of Contra Costa 219,177 258,691 N/A N/A
Stay in or Commute into Contra Costa 165,903 159,254 137,846 158,896
Source: Source: U.S. Census Bureau, OnTheMap Application and LEHD Origin-Destination Employment Statistics.
Figure 2-3: Percentage of 2013 Population in Contra Costa Cities Who Commute
Out of the County
Travel Choices
Contra Costa’s complex transportation system includes facilities for a range of
transportation modes for residents, including highways, streets, transit, bicycle lanes,
sidewalks and trails. With the exception of an increase in the percentage of people
working from home, mode share of work commutes has been relatively constant since
1990, even as the number of commuters in Contra Costa has increased by about 20
percent during this period. Shown in Figure 2‐4, as of 2013, about 70 percent of
commuters drive alone, 12‐14 percent carpool, and 8‐9 percent took transit.
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Figure 2‐5 shows that the mode share of all trips including shopping, recreational,
school, and other types of travel, is expected to stay about the same through 2040, with
roughly 58‐59 percent of trips made in single‐occupant vehicles, 33‐34 percent in
carpools, and 3 percent on transit. The low transit percentage is not unexpected because,
typically, many non‐work trips are not on transit, which does not run at night or as
frequently on weekends and, if roads are not congested and parking is free, the car is a
more convenient mode of travel.
Figure 2-4: Mode Share of Work Commute Trips in Contra Costa County in 1990,
2000, and 2013
Source: 2004 CCTA CTP EIR; 2009-2013 American Community Survey
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Figure 2-5: Mode Share of All Trips in Contra Costa County in 2013 and 2040
Source: Fehr & Peers, 2015
Figures 2‐6 to 2‐8 show the means of transportation to work in 2013 in Contra Costa. The
highest percentages of solo drivers are in Central, East, and Tri‐Valley cities, where
transit is less accessible. About 9 percent commute by public transit, with higher
percentages in West County and Lamorinda cities. Over 3 percent of residents use active
transportation or other modes to get to work, though percentages are over 5 percent in
El Cerrito and Walnut Creek. Continuing to maintain and improve our roads, freeways,
transit, and pedestrian and bicycle facilities in ways that sustain our economy, our
environment, and our quality of life is a primary concern of the 2017 CTP.
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Figure 2-6: Percentage of 2013 Population in Contra Costa Cities Who Drive Alone
to Work
Figure 2-7: Percentage of 2013 Population in Contra Costa Cities Who Commute
to Work by Public Transit
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Figure 2-8: Percentage of 2013 Population of Contra Costa Cities Who Use Active
Modes (Bicycling or Walking) or Other Modes of Transportation to Get to Work
The average amount of weekday driving (measured by vehicle miles traveled or VMT)
has increased over the past couple of decades, and this trend is expected to continue
through 2040, as shown in Figure 2‐9. However, Figure 2‐9 also shows that VMT per
capita is expected to level off in the future, so that VMT growth will be caused by
population growth rather than an increase in the amount individuals drive. Similarly,
Figure 2‐10 shows that vehicle hours of travel (VHT) is expected to increase, yet VHT
per capita is expected to increase by a lesser amount. In addition, total vehicle hours of
delay (VHD) due to congestion is projected to increase between 2013 and 2040 as
population increases. With more delays on roadways, transit use is likely to increase.
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Figure 2-9: Average Weekday VMT and VMT per Capita in Contra Costa County
1980-2040
Source: Year 1980 estimated based on ARB Almanac 2007; Years 1990-2007 estimated based on total VMT data
from 2005 MTC Travel Forecasts; Year 2013 and 2040 from Fehr and Peers 2015.
Figure 2-10: AM Peak Period VHT and VHT per Capita in Contra Costa County
2013 and 2040
Source: Fehr and Peers 2015 based on 4-Hour AM Peak Period.
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Maintenance of the Transportation System
Over the last century, the Authority, along with the State and federal governments, has
invested billions of dollars to create the transportation system that serves our needs
today. But now that it is mostly constructed, millions of dollars are needed to maintain it
and ensure that it continues to serve us into the future. In particular, the county’s local
streets and roads are aging, but they must accommodate more trucks, more traffic, and
multiple transportation modes. According to the 2014 California Statewide Local Streets
and Roads Needs Assessment report, Contra Costa’s average pavement condition of
local streets and roads has worsened in the past decade and is now considered “at risk”
and could fall into “poor” condition without adequate maintenance and repair.3
Funding improvements to repair and maintain local streets and roads can help ensure
our transportation network functions safely, smoothly, and reliably in the future.
However, the decision to fund maintenance must be balanced with addressing growth
and the need for additional and improved transportation facilities.
Adapting to Rising Tides
The Contra Costa County Adapting to Rising Tides Program, led by the San Francisco
Bay Conservation and Development Commission, has been helping local jurisdictions
assess the complex climate change issue, in particular the hazards of sea level rise and
storm surge. This is one of the biggest challenges facing the planet today, and
transportation is one of the largest contributors to climate change through the emission
of GHGs. In California, the transportation sector is responsible for almost 40 percent of
the state’s GHG emissions. There are three main ways to reduce emissions from the
transportation sector:
Increase vehicle efficiency;
Increase fuel efficiency; and
Improve transportation options to reduce vehicle miles traveled.
To achieve greater emission reductions than we have in the past and reduce future
hazards affecting the transportation system, greater penetration of zero emission
3 California Local Streets and Roads Needs Assessment, 2014 Update, www.savecaliforniasstreets.org.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 617
Challenges and Opportunities
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vehicles will be needed in California’s vehicle fleet. In fact, according to the California
Air Resources Board, zero emissions vehicles will need to comprise 87 percent of the
fleet by 2050 to meet the GHG target established by the Governor’s Executive Order B‐
16‐2012, as shown in Figure 2‐11. This calculation does not make any assumptions about
future changes in travel patterns or VMT per capita.
Figure 2-11: On Road Light Duty Vehicle Scenario to Reach 2050 Goal
Source: California Air Resources Board, 2013.
Figure 2‐12 shows the additional reductions in GHG emissions for the transportation
sector in Contra Costa that may be achieved by 2050 with implementation of State,
regional and local climate action plans. More specifically, these additional reductions in
GHG emissions are anticipated due to increases in the number of zero emissions
vehicles in the fleet and additional reductions from the projected 2040 VMT per capita,
which are both reasonably expected by 2050 with additional State regulations and
incentives to achieve transformation for cars and trucks through deployment of cleaner
technologies. A 60 percent reduction from the 2040 total annual GHG emissions in the
transportation sector, resulting from a combination of 58 percent zero emission vehicle
penetration in the fleet and a 15 percent reduction from projected 2040 VMT per capita
(from 21.0 to 17.1), would allow Contra Costa to achieve the SB 32 (2016) amendments to
the California Global Warming Solutions Act of 2006, mandating a 40 percent reduction
in GHG emissions below the 1990 level by 2030, and the Governor’s Executive Order B‐
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16‐2012 to reduce transportation sector GHG emissions to 80 percent below 1990 levels
by 2050.
As currently conceived, the CTP’s LRTIP, presented in Chapter 4, would provide
funding for investments in transportation innovation in Contra Costa, which could be
used to accelerate the deployment of clean car and clean truck technology into the
vehicle fleet. Accelerated clean vehicle deployment would likely result in faster
achievement of the 2050 target, as represented in the green line in Figure 2‐12. The
California Air Resources Board’s 2030 Target Scoping Plan underscored the importance of
such local actions as critical to achieving federal and State air quality standards and the
State’s climate goals.
Without such initiatives, the impacts of climate change, especially rising tides, wind‐
driven waves, Delta freshwater inflows, and storm surge, would threaten the
transportation system fronting on San Francisco Bay. For example, with a 1.0‐meter rise
in sea level, 1,460 miles of roadways and 140 miles of railways in the Bay Area are at risk
of a 100‐year flood, due to an increase in the frequency and intensity of flooding.4
According to the Bay Conservation and Development Commission (BCDC), climate
change also may affect the frequency and/or intensity of coastal storms, El Nino cycles,
and related weather and processes5. Strategies to make the system more resilient and
adapt to rising tides include realignment of corridors and structural improvements, such
as engineered flood protection, embankments, and increased permeable surfaces.
Plan Bay Area identifies an integrated land use and transportation system that will meet
regional GHG emission reduction targets approved by the State: a 7 percent per capita
reduction by 2020 and 15 percent reduction by 2035 under 2005 levels. Plan Bay Area is
projected to achieve the targets through a variety of strategies, including improving
transit service; providing infrastructure for walking and bicycling; and shifting land use
patterns so that jobs, housing, and other destinations are more accessible by all modes of
transportation and vehicle miles traveled are reduced.
4 Pacific Institute, The Impacts of Sea Level Rise on the San Francisco Bay, 2012.
5 Pg. 2‐3, San Francisco Bay Conservation and Development Commission, Adopting to Rising Tides ‐ Contra
Costa Sea Level Rise Vulnerability Assessment, 2016.
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Figure 2-12: Governor’s Executive Order B-16-2012: GHG Emissions Target for
Contra Costa’s Transportation Sector, 2013-2050
Source: Ramboll Environ, 2016; Dyett & Bhatia, 2016.
In the coming years, Contra Costa County will see increased efforts to stem GHG
emissions and address vulnerabilities to climate change. In parallel, efforts to increase
resiliency of the transportation system in preparation for possible changes in weather
and tide pattern will contribute to the long‐term health and economy of Contra Costa.
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Health and Safety
The transportation system affects public health in several ways. Traffic collisions are the
leading cause of death in the United States for people under the age of 34.6 Fortunately,
studies show that policy, safety education, and improved transportation options that
reduce reliance on automobiles can effectively reduce traffic injuries.7
Dependency on automobiles for mobility is also associated with other health concerns.
According to one study, every hour spent each day in a car increases a person’s risk of
being obese (and thus of developing heart disease and diabetes) by six percent; in
contrast, every hour walked each day decreases a person’s risk of being obese by five
percent.8 For these public health reasons, MTC has adopted a performance target in the
RTP to increase the average time each person spends walking or biking for
transportation daily by 70 percent for an average of 15 minutes per person per day.
Vision Zero
The Vision Zero (zero vehicle and pedestrian fatalities) movement, which started in
Sweden in the mid‐1990s and most recently has been embraced by 15 countries, has been
growing across the US, with significant interest in many California cities and counties. It
can be summarized in one sentence: No loss of life is acceptable. The Vision Zero has
proven highly successful as a guiding principle for many transportation organizations
and plans. For example, the Intelligent Transportation Society of America (ITSA) has
adopted Vision Zero as a primary driver towards intelligent transportation technologies
that can improve safety.
The Authority supports Vision Zero, but the challenge is how to implement this concept
in a diverse county. Some communities have seen resistance to traffic calming measures
and lower speed limits, which improve traffic safety but are viewed as constraining
6 Centers for Disease Control and Prevention. National Center for Health Statistics, National Vital Statistics
System, produced by: Office of Statistics and Programming, National Center for Injury Prevention and
Control, Ten Leading Causes of Death and Injury, 2006.
7 Ewing, Schmid, Killingsworth, Zlot, Raudenbush, Relationship between Urban Sprawl and Physical
Activity, Obesity, and Morbidity, American Journal of Health Promotion 18: 47–57, 2003.
8 Ewing, Frank, Kreutzer, Understanding the Relationship Between Public Health and the Built Environment: A
Report to the LEED‐ND Core Committee, 2006.
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mobility. Through this CTP, the Authority hopes to become a leader in scaling Vision
Zero, capitalizing on its longstanding role in facilitating coordination and collaboration
between local jurisdictions and our partners and expanding on what has already been
done to promote Intelligent Transportation Systems (ITS), Transportation for Livable
Communities, and traffic safety. We have the resources and through the LRTIP, the
RTPCs and the Action Plans, the ability to support investments in technology for
improved traffic safety, alternative modes, and active transportation which, together,
will further the Vision Zero effort. Many of these initiatives are beyond the capacity of
local cities to handle on their own due to a lack of necessary funding and limited staff
resources and expertise.
Environmental Impacts on Communities
The construction of transportation facilities and subsequent use of the transportation
system can affect the environment and, in particular, air quality and noise levels. Air
pollutants from mobile sources that are of greatest concern include ozone, fine
particulate matter, and toxic air contaminants. These are largely caused by highway
traffic, and people who live and work near pollution sources often have the greatest
exposure to these harmful pollutants. Large areas of San Pablo, Concord, Antioch, and
other jurisdictions in Contra Costa are impacted communities. The 2017 CTP strives to
reduce and mitigate impacts on these communities with funding for cleaner
transportation technology and reduced emissions and health risks along major trade
corridors.
Equity Concerns
Meeting the diverse transportation needs of all of Contra Costa’s residents, including
those with limited resources and limited choices, is an important priority for the 2017
CTP. The Equity Analysis prepared for the 2017 CTP was informed by Title VI of the
Civil Rights Act of 1964 and environmental justice considerations. It included analysis of
the overall performance of the Long‐Range Transportation Investment Program in
relation to equity policy considerations (see Volume 2 for details). The ultimate goal was
to help policymakers, local partners, and the general public understand the equity
implications of implementing the 2017 CTP for disadvantaged Communities of Concern
(as defined by MTC for the 2014 Plan Bay Area), by examining the distribution of benefits
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and burdens between Communities of Concern and the rest of the county under the
2017 CTP9. With its Action Plan update process, the Authority created a collaborative
planning process that involves residents in low‐income communities, community‐ and
faith‐based organizations that serve low income communities, transit operators, and
stakeholders.
Focus on Contra Costa’s Communities of Concern
In 2014 MTC identified seven Communities of Concern in the county, and they provide
a home for 17.6 percent of the total population10. Compared to the county as a whole,
residents in these communities are predominantly minority (85 percent) and low‐income
(41 percent). The percentage of households who do not own a car is three to four times
higher than the average in the balance of the County. The data on how residents travel
to work shows a greater use of transit by residents of Communities of Concern than the
average resident. Table 2‐5 summarizes the commute mode for all workers in each of the
Communities of Concern.
Table 2-5: Modes of Transportation in Communities of Concern, 2013
% of Workers by Modes of Transportation
Contra Costa County
Drive Alone/
Carpool
Public Trans-
portation Walk
Bike/Taxi/
Motorcycle/Work at
Home/Other
El Cerrito 56% 32% 2% 10%
Richmond 78% 16% 3% 4%
San Pablo/North Richmond 82% 12% 2% 4%
Martinez 73% 14% 11% 2%
Concord 77% 12% 6% 6%
Bay Point/Pittsburg/Antioch 84% 9% 2% 5%
Overall County 82% 9% 2% 9%
Source: 2009 American Community Survey; 2013 American Community Survey.
9 For the State’s Cap and Trade Program, designations of “disadvantaged communities” are used, which are
derived from the California Communities Environmental Health Screening Tool developed by the Office
of Environmental Health Hazard Assessment to identify communities most burdened by pollution from
multiples sources and most vulnerable to its effects, taking into account socioeconomic characteristics
and underlying health status. How the 2017 CTP would specifically serve these communities was not
separately analyzed.
10 While the CoC boundaries are those used for the 2014 Plan Bay Area, the demographic data used in the
Equity Analysis for the 2017 CTP was updated to reflect the 2013 American Community Survey.
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OPPORTUNITIES
Environmental Impacts
Currently, the State is updating how transportation‐related environmental impacts are
measured under the California Environmental Quality Act (CEQA) to be more
consistent with the State’s goals to reduce GHG emissions. A new metric for
environmental impacts is the amount of vehicle travel resulting from a project (vehicle
miles traveled) instead of the amount of automobile congestion (Level of Service). More
specifically, Senate Bill (SB) 743 (Steinberg, 2013) changed the way that transportation
impacts are analyzed under CEQA. Specifically, SB 743 required the Governor’s Office
of Planning and Research (OPR) to amend the CEQA Guidelines to provide an
alternative to LOS for evaluating transportation impacts. Particularly within areas
served by transit, those alternative criteria must promote the reduction of GHG
emissions, the development of multimodal transportation networks, and a diversity of
land uses. Measurements of transportation impacts may include vehicle miles traveled,
vehicle miles traveled per capita, automobile trip generation rates, or automobile trips
generated. Once the CEQA Guidelines are amended to include those alternative criteria,
auto delay will no longer be considered a significant impact under CEQA.
Transportation impacts related to air quality, noise and safety must still be analyzed
under CEQA where appropriate. SB 743 also amended congestion management law to
allow cities and counties to opt out of LOS standards within certain infill areas. In
response to this legislation, the Authority is reviewing and will update as necessary, its
Technical Procedures and Implementation Guide to conform to the amendments to
CEQA Guidelines.
Technology
Evolving transportation technology is an important consideration in addressing the
needs of Contra Costa’s transportation system and will help the Authority be
“transformative” in response to the challenges we face. Technology helps make vehicles
cleaner by reducing emissions; it also can connect vehicles to each other and to active
traffic management operations, which will help achieve the goal of traffic safety.
Ridesharing is easier with smart phone “apps”. Bus operations can be enhanced with
better communications equipment and scheduling software, particularly those offering
express service. Intercity freight and urban goods movement can also benefit from
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technology supporting better logistics, scheduling, drop‐offs, and pick‐ups. Harnessing
this potential will be central to successful implementation of the CTP.
Connected Vehicles and Vehicle Automation
Connected Vehicles and Autonomous Vehicles (CV/AV) and shared autonomous
vehicles (SAVs) will have a profound impact on both the safety and efficiency of our
roadways. Already, a certain level of CV/AV technology is incorporated in some new
cars, including collision warning and automatic braking. Future improvements in CVs ,
AVs, and SAVs would allow vehicles to communicate with each other to inform drivers
of roadway conditions, traffic, and accidents well in advance and will enable greater
lane capacity on freeways with “platooning”, meaning vehicles would be more closely
spaced. AV technology promises to deliver cars that can drive themselves without any
human control in the coming decades.
To help transition CV/AVs from a science‐fiction dream to reality, in October 2014, the
Authority helped establish a test facility for self‐driving vehicles, called GoMentum
Station, at the site of the former Concord Naval Weapons Station. Contra Costa’s CV/AV
vehicle testing facility is built on a public/private partnership model, allowing the
private sector space to innovate and test while providing the public sector with access to
new technologies as they are being developed. The work being carried out at
GoMentum Station helps to inform policy, regulation, and planning decisions around
the technology.
Intelligent Transportation Systems
Intelligent transportation systems (ITS) can also benefit Contra Costa’s transportation
network by improving safety and efficiency. ITS encompasses many techniques,
including electronic toll collection (such as FasTrak in the Bay Area), ramp metering,
traffic signal coordination, demand‐responsive transit, real‐time information sharing,
and traveler information systems, for freeways, arterials and transit systems. The I‐80
Integrated Corridor Management (ICM) and the I‐680 Enhanced Transit and Innovative
Transportation Systems Management projects (“Innovate I‐680”), which incorporate
these and other improvements, are expected to improve freeway operations and safety
and express bus operations.
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Shared-Use Mobility
Technology has also allowed for a burgeoning new industry in shared‐use mobility
services. Transportation network companies facilitate ride services, demand‐responsive
paratransit serves those with limited access to vehicles, and car‐share programs, like
ZipCar® and Getaround®, allow drivers to gain access to cars in their neighborhood on‐
demand, rather than owning their own vehicles.11 Ride services that employ
smartphone‐based applications, or “apps,” such as Uber® and Lyft®, are revolutionizing
the taxi and limousine service industries, and quickly innovating new services, such as
new carpool options. In Contra Costa, pilot programs have made traditional carpooling
easier by helping match drivers and passengers.
As technology advances, it is shifting the ways that people access and use the transportation system.
Fully automated vehicles and shared autonomous vehicles also may have the ability to
provide first‐and‐last‐mile connections for transit users, for example, picking up and
drop off passengers at transit connections. This concept was specifically explored in
Innovate I‐680 (the 2015 Transit Investment and Congestion Relief Options Study).
11 Shaheen Greenhouse Gas Impacts of Carsharing in North America, 2010.
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Easy Mile provides driverless shuttle services at Bishop Ranch in San Ramon.
Hybrid and Electric Vehicles
California has always been a national front‐runner in low‐emissions vehicle technology.
In 2014, the Governor signed the Charge Ahead Initiative to put one million electric
vehicles on the road within ten years, a target that has since been increased to 1.5 million
zero‐emission and plug‐in hybrid vehicles by 2025. More hybrid and electric cars in the
fleet will reduce harmful air pollution and GHG emissions, help achieve the 2050 GHG
reduction targets, and provide fuel savings for households. In Contra Costa, hybrid
buses, such as those in the County Connection fleet, will reduce fuel costs and GHG
emissions by about 20 percent, which will support efforts to meet the Governor’s
Executive Order B‐16‐2012 previously discussed.
The Authority is strongly committed to the accelerated deployment of Zero Emission
Vehicles in Contra Costa to achieve the statewide GHG emission reduction goal. As we
will see in Chapter 4, a separate category for innovation is established to help with this
effort.
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CCTA‐funded EV charging station at Pleasant Hill City Hall.
PAST SUCCESSES AND POTENTIAL IMPROVEMENTS
Delivery Record
Since adoption of the last CTP in 2009, all of Contra Costa has benefitted from the
transportation improvements funded by Measure C and J and federal, State and regional
funding available to the Authority. The Caldecott Tunnel Fourth Bore; the widening of
State Route 4; a BART extension in East County; new BART parking; high occupancy
vehicle (HOV) lanes; railroad grade separations; and the Hercules, Martinez, and
Pacheco inter‐modal centers have all been funded at least in part using local sales tax
dollars. Measures C and J also support funding of local street maintenance, transit and
paratransit operations, school bus services, commute alternative programs, express
buses, and Transportation for Livable Communities programs.
Other accomplishments include:
Completion of all of the SR 4 East freeway widening out to Antioch
Completion of the SR 4 Bypass
Implementation of ramp metering on SR 4
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I‐80 Smart Corridor improvements and activation
SR 4/SR 160 connector ramps
HOV – lane extension on southbound I‐680 in Walnut Creek
Completion of the I‐680 auxiliary lanes from Sycamore Valley Road to Crow
Canyon Road
Richmond Intermodal Transit Center and Richmond BART parking structure
Parking expansion at the Martinez Intermodal Station
Tri Delta Transit Dynamic Routing Pilot Program
Support for Safe Routes to Schools and Transportation for Livable Communities
Support for Lifeline Transportation Program
Construction of the Riverside Elementary school overcrossing over I‐80
Deployment of Realtime Ridesharing pilot programs
In addition to projects, the Authority completed a number of studies:
SR 4 Integrated Corridor Analysis
I‐680 Transit Investment and Congestion Relief Study, which fed into the
Innovate I‐680 Initiative
In partnership with the Water Emergency Transit Authority (WETA), completed
the Ferry Study for Contra Costa
Sustainability Study and SR 239 Feasibility Study
Countywide Bicycle and Pedestrian Plan (October 2009) and Comprehensive
Wayfinding System for West County BART stations
The Authority has also been working closely with ABAG, MTC, and local jurisdictions
on implementation of the Priority Development Area (PDA) Investment and Growth
Management Strategy.
Funding
Funding is critical to meeting the stated goals of the CTP and helping Contra Costa
remain one of the most desirable places to live and work in the Bay Area. Measure C and
Measure J together have made a substantial dent in funding needed for projects and
programs, not only from the revenues they generated, but also the funding they
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attracted from other sources. The following table shows that total past and future
expenditures on projects, including the State and federal funds leveraged by the two
measures, total $6.5 billion. Future funding sources are discussed in Chapter 4,
Investment Program.
Table 2-6: Measures C and J Past and Future Project Expenditures
Measure C and Measure J
(Year of Expenditure Dollars in Millions) Past Future Total
Roadways (highways, arterials, and maintenance) $755 $1,031 $1,785
Transit (bus, ferry, express bus, paratransit, commute alternatives) $434 $738 $1,171
Pedestrian & Bicycle Facilities (including Transportation for Livable
Communities, trails, safe transportation for children, and
subregional needs)
$11 $323 $334
Other $144 $373 $517
Subtotal $1,344 $2,464 $3,808
Leveraged funds on Measures C & J projects $1,721 $970 $2,691
Percent Leveraged 128% TBD TBD
TOTAL FUNDS $3,065 $3,434 $6,499
Potential Improvements
Making new improvements, while maintaining what we have, is a prominent issue for
the 2017 CTP. Each component of Contra Costa’s transportation system – roads,
freeways, transit, ferries, bicycle and pedestrian facilities, goods movement facilities –
could be improved to help achieve the Authority’s vision and goals.
Each RTPC proposed improvements to the transportation system as part of their Action
Plans. Overall, the updated Action Plans demonstrate an increased concern for intra‐
regional routes and the impact of traffic diverting from inter‐regional routes to local
streets. They also recognize BART and the BART extension from Antioch to Brentwood,
and freeway management as important inter‐regional strategies. The RTPCs’ strategies
and priorities are supported in the 2017 CTP.
Many of Contra Costa’s highways and major arterials face heavy traffic volumes
throughout the day, and making improvements to increase safety and efficiency is a
priority for the Authority. However, resources and right‐of‐way are limited, making
substantial expansion of Contra Costa’s major arterials and highways unlikely beyond
what will be done through the SR 239 (Tri‐Link) project in East County. Evolving
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transportation technology can play a role in improving and facilitating traffic flow and
providing transit and highway information as well as trip alternatives. The 2017 CTP
considers how evolving transportation technology should be incorporated into our
transportation system and what needs to be done to capitalize on the benefits offered by
technological innovation.
Improvements to transit facilities and operations are another important component of
the 2017 CTP. These include support for BART operations and maintenance, bus service
improvements, and paratransit service. Facilities for active transportation, emphasized
in the 2017 CTP, provide alternative choices for residents to move around the county.
Lastly, funding improvements to repair and maintain local streets and roads will help
ensure Contra Costa’s transportation network functions safely, smoothly, and reliably in
the coming decades. In fact, maintenance of transportation infrastructure is more cost‐
effective and beneficial than allowing the obligations of deferred maintenance to mount
and then having to spend more to completely rebuild system components.
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3 Vision, Goals and
Strategies
Looking ahead to the year 2040, we can begin to identify some of the
difficulties that continued growth in population and employment and
associated increases in traffic will bring, but it is up to us to identify a vision
for where we want to end up. For the Authority, that Vision is:
Strive to preserve and enhance the quality of life of local communities
by promoting a healthy environment and strong economy to benefit
all people and areas of Contra Costa, through (1) a balanced, safe, and
efficient transportation network, (2) cooperative planning, and (3)
growth management. The transportation network should integrate all
modes of transportation to meet the diverse needs of Contra Costa.
The goals and strategies in this Chapter show how the Vision will be
realized.
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FINDING THE RIGHT BALANCE
Achieving the Vision will require the Authority to find the right balance among the
different, and sometimes competing, needs of Contra Costa’s residents and businesses,
including:
Improving the regional system of roads, transit and pathways, while ensuring
that the existing system is well maintained;
Balancing the needs of through traffic with the access needs and quality of life in
adjoining neighborhoods and business areas;
Recognizing the differing needs and situations of Contra Costa’s residents and
subareas, while developing a workable approach to countywide and regional
initiatives;
Where feasible and beneficial, improve the capacity of roadways, while
recognizing that these improvements will not, in the long run, eliminate
congestion; and
Supporting and encouraging the use of transit, carpools, bicycling and walking,
often within limited rights‐of‐way.
All of these needs are important, and the goals and strategies contained in the 2017 CTP
are designed to meet them. Finding the right balance among these needs, however, will
require perseverance, cooperation among the jurisdictions of Contra Costa, and the
support of residents and the business community.
GOALS
The Authority has adopted five goals for the CTP:
1.Support the efficient, safe, and reliable movement of people and goods using all
available travel modes;
2.Manage growth to sustain Contra Costa’s economy, preserve its environment
and support its communities;
3.Expand safe, convenient and affordable alternatives to the single‐occupant
vehicle;
4.Maintain the transportation system; and
5.Continue to invest wisely to maximize the benefits of available funding.
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To achieve these goals, the Authority will pursue the following strategies:
STRATEGIES
GOAL 1. Support the efficient, safe, and reliable movement of people and goods
using all available travel modes
Getting people and goods safely, efficiently and reliably to where they need to go is a
primary goal of every transportation system. The Authority has established the
following strategies to provide this accessibility.
1.1. EFFICIENCY: Increase the efficiency of highways and arterial roads through capital
investments, operational enhancements, and use of technology.
The efficiency of the transportation system is based on how well our system and
investments are used. With funding remaining under Measure J, the Authority
plans to commit $3.67 billion for projects and programs to improve the
transportation system. This will include funding for capital projects that will
increase efficiency on highways and roadways, such as by interchange
improvements to reduce weaving and congestion at the I‐680 and SR‐4
interchange, and operational improvements proposed by the Innovate I‐680
project for transit investment and congestion relief through enhanced bus service
and use of technology to support connected and autonomous vehicles. The I‐80
SMART Corridor (previously known as the I‐80 Integrated Corridor Mobility
(ICM) project) has created a network of electronic signs, ramp meters, and other
state‐of‐the‐art elements between the Carquinez Bridge and the Bay Bridge to
enhance motorist safety, improve travel time reliability, and reduce accidents
and associated congestion. Similar projects for more active traffic management
are in the Innovate I‐680 initiative, which also proposes bus‐on‐shoulder
operations, allowing buses to bypass congestion while staying close to the
freeway entrances and exits.12 Implementation of an ICM project on SR‐4 is also
underway. The Authority recently received a U.S. Department of Transportation
(DOT) grant to help fund this project.
12 Contra Costa Transportation Authority, I‐680 Transit Investment and Congestion Relief Study, November
2015.
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In addition, the Authority will use technology to improve efficiency. One
example of this is GoMentum Station, recently named one of the ten National
Automated Vehicle Proving Grounds by the U.S. DOT. The idea is to facilitate
testing and information sharing around automated vehicle technologies, foster
innovation that can safely transform personal and commercial mobility, expand
capacity, and open new doors to disadvantaged people and communities. In fact,
GoMentum Station is one of the largest secure proving grounds in the country,
enabling the Authority’s partners to safely push their technologies to its limits
while testing vehicles there.
1.2. PARTNERSHIPS: Engage in partnerships with jurisdictions, stakeholders, and other agencies
to identify and implement strategies for managing congestion and increasing multimodal
mobility.
Users of Contra Costa’s transportation system want a seamless system and do
not overly differentiate among streets or transit facilities they use or jurisdictions
they travel through. They just want to get to their destinations safely and
reliably. Given this, partnering with other agencies at the federal, State, regional
and local level will be essential to achieving the Authority’s goals and meeting
our users’ needs.
For example, partnerships for the I‐80 SMART Corridor project and the Innovate
I‐680 initiative involve Caltrans and local jurisdictions in the corridor as well as
MTC. Similarly, the Authority is working closely with BART on the extension of
rail transit to East County and with the Water Emergency Transportation
Authority on starting ferry service from Richmond. For implementation of the
Countywide Bicycle and Pedestrian Plan, partners include the East Bay Regional
Park District and the Countywide Bicycle Network among others. Our
partnerships with local jurisdictions have led to increased cooperation among
them and establishment of development mitigation programs to help fund
projects that address the impacts of growth and the needs in PDAs.
In the future, the Authority will continue to engage with our partners and a
diverse group of stakeholders to:
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Secure support for improvements needed in disadvantaged communities,
and neighborhoods affected by poor air quality due to transportation
emissions;
Expand Express Lanes on I‐680 and elsewhere;
Undertake advance planning for regional mitigation;
Help improve freight mobility and urban goods movement;
Maintain our existing transportation system; and
Improve safety and connectivity.
1.3. SEAMLESS NETWORKS: Eliminate gaps in the existing highway and arterial system,
especially those in the regional high-occupancy vehicle (HOV) lane and express lane
network.13
Building on MTC’s express lanes plan and the Authority’s own plans for I‐680,
the Authority has been working closely with the RTPCs to identify needed
additions and then determine which of these makes the most sense from a
performance perspective and cost basis. Plans to eliminate I‐680 gaps are well
underway; I‐680 Express Lanes in the northbound direction are about to open,
and engineering for southbound Express Lanes is underway. The Authority also
will fund local bicycle and trails projects that will eliminate gaps and improve
connections in these systems.
1.4. STREET AND ROADWAY IMPROVEMENTS. Improve the highway and arterial system to
influence the location and nature of anticipated growth in accordance with the General
Plans of local jurisdictions and consistent with the Authority’s adopted Countywide
Transportation Plan.
Linking land use and transportation is a fundamental concept for the Authority.
It underpins the Growth Management Program, which brings these relationships
together through a cooperative transportation and land use planning effort
among Contra Costaʹs local jurisdictions, transportation agencies, and other
partners. This process involves the RTPCs, relies upon the Action Plans, and
13 Express Lanes (formerly known as High‐occupancy Toll (HOT) lanes) are HOV lanes that have been
modified to allow single occupant vehicles to travel in the HOV lane, provided they pay a toll.
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incorporates the PDAs to support local land use patterns that make more
efficient use of the regional transportation system. Similarly, the requirement for
five‐year local Capital Improvement Programs, coupled with the Authorityʹs
Measure J Regional Transportation Mitigation Program (RTMP), ensures that
needed transportation improvements are supportive of proposed land use
changes.
This strategy has been implemented through projects such as the Caldecott
Tunnel Fourth Bore, the BART extension in East County, the State Route 4
widening and interchange improvements, the I‐80 and I‐680 projects mentioned
earlier, the Marina Bay Parkway grade separation project in Richmond, and the
23rd Street Specific plan improvements in San Pablo, all of which support plan
growth with the urban limit lines (ULLs) and regional connections between
communities. In addition, Authority support for the Measure J Transportation
for Livable Communities program along with funding under MTC’s One Bay
Area Grant program has funded many local transportation improvement projects
needed to serve planned development within local jurisdictions. The 2017 CTP
will continue and expand on these funding commitments, with support for
complete streets, Geary Road improvements, and Contra Costa Boulevard.
1.5. FREIGHT MOVEMENT. Identify new strategies to improve freight movement on freeways
and rail lines to improve air quality and the safety and efficiency of goods movement.
The Authority has been working closely with the California Freight Advisory
Committee on the California Freight Mobility Plan and the Sustainable Freight
Action Plan to develop strategies and funding for freight‐related transportation
improvements. Additional insights are provided through the Authority’s
representation on the National Freight Advisory Committee. These efforts will
support economic growth, minimize congestion, reduce air pollution, improve
the safety, security and resilience of the State’s freight system, and encourage
innovation. The Northern Waterfront Revitalization Study explores strategies
that will help bring green jobs to the area along the Carquinez Straits to make it
competitive in the 21st century global economy. Other Authority‐supported
projects from the improved freight movement include the Marina Bay Parkway
grade separation in Richmond, which has been completed, and truck climbing
lanes on Kirker Pass.
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For freight‐related air quality improvements, the Authority will use funding
from the California Air Resources Board to help local agencies reduce emissions
and health risks along major trade corridors. This program will help owners of
equipment used in freight movement upgrade to cleaner technologies. Looking
ahead, the Authority will evaluate new strategies on goods movement being
developed by MTC, and determine which ones are best for Contra Costa.
GOAL 2. Manage growth to sustain Contra Costa’s economy, preserve its
environment and support its communities
The proponents of Measure C, the precursor of Measure J, realized that a coordinated
approach to growth management involving all jurisdictions in Contra Costa was
essential to realize the full benefits of transportation investments. This goal expresses
multiple facets that need to be considered: economic vitality, environmental protection,
and the quality of life of our communities. Supporting local communities also means
providing equitable opportunities for all residents and avoiding disparate impacts on
low‐income and minority residents. The Authority has established the following
strategies to achieve this goal.
2.1. COOPERATIVE PLANNING. Continue to require cooperative transportation and land use
planning among Contra Costa County, cities, towns, and transportation agencies.
Multi‐jurisdictional cooperative planning will continue to be one of the key
principles underlying the Authority’s Growth Management Program (GMP),
which has been in place since Measure C passed in 1988. The drafters of Measure
C, with its requirement for the GMP, recognized that no one jurisdiction by itself
can address countywide or regional problems. It requires jurisdictions working
together to address mutual transportation and planning issues. The SR‐4
Integrated Corridor Analysis and the I‐680 Transit Investment and Congestion
Reduction Study are examples of such cooperative planning.
Cooperative planning has a number of benefits. Jurisdictions come together to
support corridor improvement plans, cooperate on school bus service, coordinate
connections between local street plans and bike and trail systems, and create
regional development mitigation programs. Having growth management
elements in local General Plans facilitates the process by providing a common
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reference point and shared understanding of actions that further the goals of the
CTP.
The RTPCs play a key role in this process, preparing Action Plans that set multi‐
modal transportation service objectives and include projects and implementation
actions to achieve these objectives, reviewing local General Plan amendments,
and working together on plans and studies.
RTPC study sessions facilitate cooperative planning.
2.2. REGIONAL PLANNING. Participate in a regional cooperative land use planning process with
agencies both within and outside of Contra Costa.
The Authority will continue to work with MTC and ABAG on matters of mutual
concern related to Plan Bay Area ‐ the Regional Transportation Plan and the
Sustainable Communities Strategy. The regional planning process is particularly
helpful in addressing air basin‐wide strategies that are needed to achieve State
emissions reduction targets and coordinate planning for coastal hazards such as
rising tides and storm surge. This cooperative process includes coordination on
submitting projects for funding under State and federal programs and referrals
of General Plan amendments, as required by the Growth Management Program.
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INNOVATE I-680: AN INTERGRATED APPROACH TO IMPROVING
MOBILITY
Along with the economic recovery, commuters have experienced increasing congestion levels on the
I-680 corridor. Through the CTP public outreach effort the community has told the Authority that
improved transit service in the I-680 corridor should be a priority. In response, consistent with
Goals 1 and 2, CCTA conducted a study in 2015 on potential transportation investments in the I-
680 corridor that could relieve congestion and improve transit. The study builds on the I-680
Investment Options Analysis (2003), ongoing Measure J investments, and MTC investments in
express lanes along the I-680 corridor.
The study was conducted in collaboration between CCTA staff and consultants, a Policy Advisory
Committee, and a Technical Advisory Committee. The initial investment options considered five
modes: connected vehicles/autonomous vehicles, bus transit, light rail, ultra-light rail, and BART. The
projected performance of the initial options was assessed using a set of evaluation criteria, and then
the highest-performing options were checked for financial feasibility with potential new funding
sources. The recommended investment strategy focuses on improved transit service and freeway
operations, with technology and infrastructure investments to enhance mobility. The key features of
the recommended strategy are grouped into four categories:
Enhanced Bus Service: Improve and expand transit with investments including new park-
and-ride facilities with shuttle service to BART, addition of auxiliary and shoulder lanes for
exclusive bus use, and expanded school bus services.
Connected and Autonomous Vehicle Support on I-680: Facilitate limited self-driving
automation with enhanced pavement markings, vehicle-to-infrastructure communication
radios and processors, and increased roadway maintenance.
Active Traffic Management: Provide technology to collect data and communicate with
drivers including roadside digital signs, vehicle detection and surveillance, adaptive ramp
metering, and in-vehicle smart-corridor traffic management.
Demand-Responsive Transit Service: Provide demand-responsive service between
park-and-ride locations and other destinations with investments in electric Shared
Autonomous Vehicles (SAVs) and infrastructure.
Coupled with proposed spot improvements at key bottlenecks, these strategies and investments –
collectively known as Innovate I-680, are expected to reduce congestion for single-occupant
vehicles, enable greater use HOV express lanes, and increase travel options for transit users. The
Authority is now working to secure funding and implement these recommendations.
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2.3. LAND USE., Support land use patterns within Contra Costa that make more efficient use of
the transportation system, consistent with the General Plans of local jurisdictions.
The Authority implements this strategy through its Measure J Growth
Management Program and the required ULLs and its participation in Plan Bay
Area and the Priority Development Area (PDA) Growth and Investment
Program. In addition, the Transportation for Livable Communities (TLC)
Program funds projects that enable efficient use of transportation systems
through supportive land use. TLC funding is available for transportation projects
that facilitate, support and/or catalyze the developments of affordable housing
and transit‐oriented or mixed‐use development and that encourage use of
alternatives to the single occupant vehicle, or promote walking, bicycling and/or
transit usage. Typical investments have included pedestrian, bicycle, and
streetscape facilities, traffic calming, and transit access improvements.
2.4. DEVELOPMENT IMPACTS. Require local jurisdictions to (i) evaluate and report on the
impacts of land use decisions on the transportation system, (ii) identify capital and/or
operational improvements needed for development, and (iii) have new growth pay its fair
share of the cost of such improvements.
The Authority’s Implementation Guide and the Model Growth Management Element
provide details on how local jurisdiction can meet the Growth Management
Program (GMP) requirements. Under Measure J, jurisdictions are to “evaluate
changes to local General Plans and the impacts of major development projects for
their effects on the local and regional transportation system and the ability to
achieve the Multimodal Transportation Service Objectives established in the
Action Plans.” The methods for evaluating these changes are spelled out in the
Authority’s Technical Procedures. The GMP also requires jurisdictions to identify
needed projects and programs through their capital improvement programs and
through the Action Plans. Finally, the GMP requires jurisdictions to establish
mitigation programs, both individual programs for local improvements and
subarea programs for each RTPC. These programs require that traffic impacts be
minimized or eliminated by on‐site or off‐site improvements or payment of a fee
in lieu of constructing improvements that can be used to fund local or regional
mitigation. Over more than 25 years, these programs have generated millions of
dollars for transportation projects and hundreds of individual improvements,
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which overall have substantially reduced the impacts of development on the
transportation system.
2.5. LAND USE-TRANSPORTATION LINKAGES. Link transportation investments to support (i) a
voter-approved urban limit line endorsed by voters in the County and each city and town,
(ii) new developments which enhance transportation efficiency and economic vitality, and
(iii) infill and redevelopment in existing urban and brownfield areas.
Voter‐approved ULLs were put in place after Measure J was approved, and local
General Plans and related transportation improvements must be consistent with
and respect these lines in order to qualify for Local Streets and Maintenance
(“return to source”) funding. Furthermore, through the development mitigation
programs that local jurisdictions established under the GMP, this linkage is now
part of their development approval process. The Authority confirms that these
actions have taken place through the biennial GMP “checklist” process. For the
second and third criteria listed above, the Authority has put in place a number of
funding programs that pay for supportive investments.
2.6. SUSTAINABILITY. Ensure that new transportation projects are environmentally sustainable
and fiscally viable, increase safety, respect community character, promote environmental
justice, and maintain or enhance the quality of life for our communities.
All of these factors are criteria the Authority uses in priority‐setting and project
screening for funding over which the Authority has discretion. These factors also
reflect the performance measures set forth in Plan Bay Area. For the 2017 CTP,
two criteria were added to express explicitly the Authority’s commitment to
meeting its obligations under federal and State law: “increase safety” and
“promote environmental justice”.
GOAL 3. Expand safe, convenient and affordable alternatives to the single-
occupant vehicle
To meet this goal, the CTP sets forth a comprehensive set of strategies to support
alternative modes of travel, including expansion of transit and paratransit services and
funding for “active transportation”, meaning walking and biking. Active transportation
is a CTP priority because it will provide community health benefits as well as help
August 1, 2017 Contra Costa County Board of Supervisors Minutes 642
2017 Countywide Comprehensive Transportation Plan Update: Volume 1
May 24 Public Review Draft 3‐12
achieve reductions in GHG emissions and realize air quality improvements. The
Authority uses the following strategies to promote alternative modes of travel.
3.1. TRANSIT SERVICE EXPANSION. Help fund the expansion of existing transit services and
regional express lanes, and maintenance of existing operations, including BART, bus transit,
school buses, and paratransit.
Five Measure J‐funded programs support this strategy: BART Parking Access
and Other Improvements, Bus Services, Express Bus, Commute Alternatives, and
Safe Transportation for Children. Additional funding for these programs is
included in the Long‐Range Transportation Investment Program. Details are in
Chapter 4.
3.2. TRANSIT SERVICE COORDINATION. Link transit investments to increased coordination
and integration of public transit services, and improved connections between travel modes.
Measure J explicitly added the concept of “multi‐modal” to the definition of
transportation service objectives, so the idea of this linkage has underpinned
work on the Action Plan updates as well as development of the 2017 CTP.
The Authority is working with local agencies to address specific multi‐modal
transportation issues and identify potential approaches and recommended
actions to address them. This includes studies of potential transit options in West
County and along the I‐680 Corridor in Central and Southwestern Contra Costa
County and system‐wide opportunities for improving express bus services.
The Draft 2016 Express Bus Study Update included development of service
assessment criteria; a review of existing Express Bus service and infrastructure;
an assessment of current funding and opportunities for new funding; and
identification of priority areas that are likely to have high transit use. The study
focused on strategic operational improvements for existing service providers
based in Contra Costa. Information on the regional network, including service
providers from Solano and Alameda Counties, was provided by MTC’s Transit
Consolidation Study. In addition to infrastructure and service adjustments, the
potential for bus on shoulder operations, bus on ramp and in‐line stations, real‐
time information sharing among operators, alternative fuel and electric bus and
autonomous vehicle technologies were examined. Service improvement
August 1, 2017 Contra Costa County Board of Supervisors Minutes 643
Visions, Goals, and Strategies
May 24 Public Review Draft 3‐13
recommendations were developed and evaluated using performance measures
and equity criteria. After public review, the Authority will support the service
improvements that are cost‐effective, viable from operators’ perspectives, and
best meet residents’ needs.
3.3. COMPLETE STREETS. Require local jurisdictions to incorporate policies and standards for
“complete streets” that support transit, bicycle and pedestrian access in new developments,
infill development areas (“Priority Development Areas”), and transit priority areas.
The GMP Implementation Guide requires that local jurisdictions incorporate
policies and standards into their development approval processes that support
transit, bicycle, and pedestrian access in new developments. The State also has
required that “complete streets” concepts be incorporated into any General Plan
that is updated after 2011, and that General Plan Circulation Elements include a
balanced, multi‐modal transportation network that meets the needs of all users.
The San Pablo Avenue Specific Plan is one example of a “complete street” retrofit
within an urban area, while CCTA’s 2012 Appian Way Alternatives Analysis and
Complete Streets Study shows what can be done in a less developed setting. The
focus on Priority Development Areas has been reinforced by adoption of Plan
Bay Area, while planning for transit priority areas was codified by State
legislation in 2011 (see Government Code Section 65470). Whether to require
specific zoning for transit priority areas and incentive programs for transit
priority projects, particularly for BART extension station areas in East Contra
Costa and Bus Rapid Transit Corridors, as part of the GMP or simply provide
guidance on best practices will be determined by the Authority as part of CTP
implementation.
3.4. WALKWAYS AND TRAILS. Support transit-oriented and pedestrian-friendly developments,
and invest in trails, walkways, and pedestrian-oriented improvements.
Measure J specifically provides funding for pedestrian‐friendly development
with the Transportation for Livable Communities Program and funding for
Pedestrian, Bicycle and Trail Facilities. The Contra Costa Countywide Bicycle
and Pedestrian Plan (CBPP) identifies “pedestrian‐priority” locations where the
Authority will give funding priority for projects; it also illustrates what the
countywide bicycle network would look like, with on‐street and off‐street
August 1, 2017 Contra Costa County Board of Supervisors Minutes 644
2017 Countywide Comprehensive Transportation Plan Update: Volume 1
May 24 Public Review Draft 3‐14
facilities, and describes how the CBPP will improve bicycling opportunities
throughout Contra Costa by improving connections between neighborhoods,
shopping areas, employment centers, transit hubs, schools, parks and
recreational facilities. Finally, the CBPP explains how local jurisdictions can use
the plan to become eligible for funds from the State’s Bicycle Transportation
Account and provides guidance on the application of the Americans with
Disabilities Act to public rights‐of‐way. Figure 3‐1 shows the Bicycle Master Plan
for Contra Costa, including existing and proposed bike facilities.
3.5. ALTERNATE MODES. Promote the formation of more carpools and vanpools, and greater
use of transit, bicycling, and walking.
Support for alternative modes of transportation is a key priority for the CTP. As
part of the GMP, CCTA requires local jurisdictions to adopt and implement a
Transportation Systems Management ordinance or an alternative mitigation
program. CCTA also provides funding for travel demand management efforts
through the Commute Alternatives program and for school bus programs. And,
through “Complete Streets” policies in General Plans, project and programs that
support use of transit, bicycle, and walking are being implemented. Funding for
specific improvements that implement this strategy comes from the
Transportation for Livable Communities and the Pedestrian, Bicycle and Trails
programs.
3.6. ELECTRIC VEHICLES. Help local jurisdictions develop a connected and coordinated network
for electric vehicles.
The Authority has funded installation of 43 charging stations for electric vehicles
with money from the Bay Area Air Quality Management District’s (BAAQMD’s)
Transportation Fund for Clean Air. Additional funding will be available through
the Authority’s Local Streets and Maintenance Program. Building a connected
and coordinated system of charging stations will help meet the target of 1.5
million zero‐emission vehicles (ZEVs) on the road in California by 2025 and, by
2050, the targeted reductions in GHG emissions statewide.14 Further work on
14 Established by Executive Order B‐16‐2012. The Order also establishes specific targets for ZEVs in new
state vehicle fleet purchases: 10 percent by 2015 and 25 percent by 2020.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 645
Visions, Goals, and Strategies
May 24 Public Review Draft 3‐15
network development will come through the Authority’s support for
technological innovation and GoMentum Station and through local jurisdictions
amendments of their parking regulations to require a minimum number of
charging stations in lots serving non‐residential development.
CCTA has funded 43 electric vehicle‐charging stations with grant money from the Transportation Fund for Clean Air.
3.7. SERVING ALL CONTRA COSTA RESIDENTS. Support the expansion of a coordinated
system of transit and paratransit service to address the mobility needs of low-income,
elderly, young and disabled travelers, households without cars, single-parent households,
and people paying more than 50 percent of their income for rent.
Measure J established funding for several specific programs for this strategy,
including Bus Services, Transportation for Seniors and People with Disabilities,
and Safe Transportation for Children, including the Low Income Student Bus
Pass Program in West County. The Authority facilitates coordination among
these programs and, through the RTPCs, also supports subregional planning to
ensure that the mobility needs of these groups are considered in the Action Plans
and calls for projects for funding under the Regional Transportation Plan. The
Authority also supports and helps fund transportation services operated by local
non‐profit organizations that help provide mobility to people who, due to frailty
or disability, cannot reasonably access public transit or paratransit. As previously
noted, support for transportation network companies, shared autonomous Source: NRG eVgo at Flickr Creative Commons August 1, 2017 Contra Costa County Board of Supervisors Minutes 646
2017 Countywide Comprehensive Transportation Plan Update: Volume 1
May 24 Public Review Draft 3‐16
vehicles, and micro transit, will help meet the mobility needs of many people.
The 2017 CTP continues and expands on these commitments.
Bike to Work Day in the City of Richmond.
3.8. EXPANDED BICYCLE FACILITIES. Encourage local jurisdictions and other agencies to
develop a connected and coordinated system of bicycle facilities through financial
assistance, technical support, other aid, and encouragement.
Measure J specifically provides funding for these improvements with up to $30
million available. The CBPP describes how local jurisdictions can use the
Authority’s CBPP to become eligible for funds from the State’s Bicycle
Transportation Account. Finally, mapping done for the CBPP helps local
jurisdictions plan connections to the countywide system.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 647
Pinole
Richmond
San
Pablo
Martinez
Pleasant
Hill
Pittsburg
Clayton
Walnut
Creek
Lafay ette
Orinda
Moraga
Danville
San
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Antioch
Oakley
Brentwood
El Cerrito
Vallejo
Benicia
Albany
Berkeley
Emeryville
Alameda
San Francisco
Oakland
San Leandro
Castro
Valley
Dublin
Livermore
SOLANO
COUNTY
SACRAMENTO
COUNTY
CONTRA
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COUNTY
SAN
JOAQ UIN
COUNTY
ALAMEDA
COUNTY
Concord
Suisun
Bay
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Bay
San Francisco
Bay
S a cra m en toR iverFranks
Tract
Grizzly
Bay
Honker
Bay
San Jo
aquinRiver
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780
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80
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280
980
580
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24
24
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4
4
242
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4
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MILES
810
Existing Class I Bike Path
Proposed Class I Path
Existing Class II Bike Lane
Proposed Class II Bike Lane
Existing Class III Bike Route
Proposed Class III Bike Route
City Limits
Park/Open Space
Freeway
Major Roadway
Railroad
Figure 3-1:
Bicycle Master Plan
Source: Contra Costa Countywide Bicycle and Pedestrian Plan, 2013 Update
August 1, 2017 Contra Costa County Board of Supervisors Minutes 648
Visions, Goals, and Strategies
May 24 Public Review Draft 3‐19
3.9. PRICING PROGRAMS. Support congestion pricing and parking pricing programs,
transportation demand management programs and other innovative strategies that reduce
greenhouse gas emissions.
In the GMP Implementation Guide, the Authority has a Model Transportation
System Management Ordinance to help local jurisdictions craft policies and
procedures for transportation demand management that will demonstrate
compliance with Measure J’s GMP requirements. The basic idea is to use
transportation demand management tools to accomplish one or more of the
following outcomes:
Reduce single occupant vehicle use;
Spread peak‐hour trip‐making to off‐peak time periods; and
Shift trips to alternate modes;
Looking ahead, these transportation demand measures, coupled with
technological innovation and vehicle automation, will help improve air quality
and support regional and State efforts to reduce GHG emissions.
Congestion pricing and parking pricing programs have been successful in other
metropolitan areas. With this in mind, the Authority will be considering the
lessons learned from these programs, as well as their costs, as it determines how
it might initiate additional actions, in concert with its partners. A specific
implementation task is included for this effort in Chapter 5.
3.10. SAFE ROUTES TO SCHOOLS. Support Safe Routes to Schools projects and programs.
There is sustained and growing interest in Safe Routes to School efforts
throughout Contra Costa. Safe Routes to School (abbreviated as SR2S) activities
can take many forms, but all have the basic objective of improving safety for
pedestrians and cyclists around schools. The benefits of having more children
walk or bike to school include reduced vehicular traffic around schools,
improved public health outcomes through increased physical activity, and an
enhanced sense of community for the neighborhood around the school.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 649
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Authority support for SR2S falls into two categories: (1) capital projects that
enhance the physical infrastructure around schools to allow for safer and more
convenient walking and bicycling; and (2) programs that promote safety and
encourage walking and bicycling activities through student and parent education
and outreach. To assess the overall need for SR2S projects and programs
throughout Contra Costa, the Authority prepared a comprehensive assessment
that estimated the overall costs of improving access to all public schools in
Contra Costa. Examples of current programs include those run by Contra Costa
Health Services, San Ramon Valley Street Smarts, and Street Smarts Diablo
(supported by the Authority). In some instances, SR2S funding supports
programs as an adjunct to a school bus program; in others, there is a separate
program created.
Continued support for SR2S is a priority for the Authority, and additional
funding is listed in the Chapter 4’s LRTIP. The Authority also provides technical
assistance on request to facilitate local planning and programming.
GOAL 4. Maintain the transportation system
Since passage of Measure C, the Authority has collectively invested billions to create the
complex and extensive transportation system that serves Contra Costa’s transportation
needs. However, current levels of funding for public infrastructure are inadequate, and
dealing with deferred maintenance is one of the greatest challenges we face. The
following strategies are intended to help the Authority meet this goal.
4.1. STABLE FUNDING SOURCES. Advocate for stable sources of funds for transit operations
and other programs that support the transportation system.
The Authority actively monitors State and federal legislative programs that have
a bearing on transportation funding and testifies on key measures that have a
direct bearing on our mission. What is most important, from the Authority’s
perspective, is that a dedicated and predictable source of future funding be
created, as has been done with Measure J. In recent years, federal and State
sources have been unstable. To correct this, the Legislature has been considering
bills to address this need with a variety of strategies, including raising the gas tax
and vehicle license fees (just done with SB 1), establishing a “carbon tax”, and
August 1, 2017 Contra Costa County Board of Supervisors Minutes 650
Visions, Goals, and Strategies
May 24 Public Review Draft 3‐21
using performance measures to administer funding. The Authority will be
closely tracking this effort and advocating for CCTA’s interests, as appropriate.
4.2. MAINTENANCE. Require and fund programs for effective preventive maintenance and
rehabilitation of the transportation system (“deferred maintenance”).
(Commentary below)
4.3. LONG-TERM NEEDS. Secure funding that will maintain the long-term health of all
components of the transportation system.
Finding money for infrastructure maintenance is a top priority for local
governments. While new development projects can be required to cover the
capital costs of facilities needed to serve them, long‐term maintenance costs are
not always fully funded. While SB 1 will provide an estimated $52 billion over a
ten‐year period to help rebuild the State’s infrastructure, it does falls short in the
backlog of repairs needed for the transportation system, which exceed $137
billion15. The 18 percent “return to source” funding for the Measure J Local
Streets Maintenance and Improvement Program has been a welcome revenue
stream, but it does not cover all local needs.16 With this in mind, the Authority
will be looking at ways to expand the current Regional Transportation Mitigation
Program (RTMP) to ensure that fees include the costs of ongoing maintenance for
a stated period of time if assessment districts or other funding arrangements will
not be in place. The basic idea is that local jurisdictions should not build new
transportation facilities if they cannot take care of them. More complicated, as
noted in Strategies 4.2 and 4.3, is funding the backlog for pavement rehabilitation
15 Pg. 4, Next 10, Beyond the Gas Tax, Funding California Transportation in the 21st Century, 2017.
16 Using cost data from the 2013 Caltrans State of the Pavement Report, total cost for pavement
reconstruction of 740 miles of roads in Contra Costa classified as “at risk” and “poor/failed” would be
about $1.9 billion, which far exceeds the 18 percent allowance for the Local Streets and Maintenance
Program under Measure J. If only roads rated as “poor/failed” are reconstructed the cost would be on the
order of $1.2 billion. The ultimate cost could be 50 to 100 percent higher because of the difficulties
involved in local street reconstruction, including accommodations needed for utilities, equipment
staging, traffic re‐routing, maintaining grade, and ADA requirements, which are not as large a cost factor
on the state highway system. For more information, please see the Introduction of Volume 2 of the CTP.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 651
2017 Countywide Comprehensive Transportation Plan Update: Volume 1
May 24 Public Review Draft 3‐22
and related projects. The Authority’s implementation actions for these three
strategies will focus on:
What the Authority can do to ensure long‐term maintenance of all new
improvements. One option is to require commitments to long‐term
maintenance of new improvement as a condition of approval of a
development mitigation program. Modifications of the RTMP program
requirements would be needed to accomplish this.
What the Authority can do to assist with deferred maintenance of
existing facilities. Funding will be available through the Local Streets
Maintenance and Improvements (LSM&I) Program and subregional
programs created to meet the needs of specific areas within Contra Costa.
The Authority also will provide guidance on best practices and may
require commitments to putting in place policies and procedures for
long‐term maintenance as a condition of continuing eligibility for LSM&I
Program funds.
What the Authority can do through external partners. The California
Transportation Infrastructure Priorities Work Group among others has
been investigating how Road User Charges and other mechanisms might
be used to provide a secure source of funding for maintenance,
rehabilitation and reconstruction needs at the local level. At a regional
level, the OBAG program also will help meet these needs.
Each of these actions will be undertaken in close consultation with the RTPCs
and local jurisdictions and with opportunities for public input at key decision
points.
GOAL 5. Continue to invest wisely to maximize the benefits of available funding
The Authority will seek to obtain the greatest benefits for Contra Costa residents from
the funding it has available by using performance measures and calculations of return
on investment in its decision‐making. The benefits of these investments also will need to
be fairly allocated, so there are no disparate impacts on low‐income or minority
residents. The following strategies reflect this commitment.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 652
Visions, Goals, and Strategies
May 24 Public Review Draft 3‐23
5.1. PERFORMANCE MEASURES. Use performance measures to evaluate and compare
transportation investments.
Since Measure J was passed, the Authority has been using multi‐modal
transportation service objectives in the Action Plans. More recently, after
adoption of Plan Bay Area, MTC’s performance measures have been used to
compare projects and programs in the evaluation of transportation investment
options that led to creation of the Investment Program in Chapter 4. Chapter 4
also includes a summary of this analysis, with details related to the 2017 CTP
Update contained in Volume 2. The performance criteria used address not only
traditional system measures of transportation efficiency, as expressed by vehicles
miles travelled per capita, vehicle hours of delay, access and travel modes, and
transit ridership, but also the indirect effects on transportation and housing
affordability, displacement, and support for the Priority Development Areas
Growth and Investment Program. The Authority also uses performance
measures in evaluating projects requesting funding through different programs,
such as OBAG and the Measure J Pedestrian, Bicycle, and Trail Facilities
program. The latter measures are found in the Countywide Bicycle and
Pedestrian Plan.
5.2. MATCHING FUNDS FOR LEVERAGING. Seek matching funds, whenever possible, to
leverage Measure J funds, and offer incentives and priority funding to projects that provide
greater return on investment.
The Authority has always used its sales tax revenues to attract funding from
other sources. The leveraging that these revenues can provide has helped us
secure the funding necessary to build most of the major projects in the Measure J
expenditure plan. More specifically, leveraging refers to the amount of additional
new funds that can be garnered from State and federal programs using revenues
from the Measure J sales tax. By way of example, the Caldecott Tunnel, which
cost $417 million, was constructed using $119 million in Measure J funds. The
Authority received additional funding in the amount of $194.3 million through
the American Recovery and Reinvestment Act, and $103.7 million from other
sources. Overall, the Measure J funding allocated to the Caldecott Tunnel project
was leveraged 2.5:1. That is, for each Measure J dollar expended, the Authority
received 2.5 additional dollars in funding from other sources.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 653
2017 Countywide Comprehensive Transportation Plan Update: Volume 1
May 24 Public Review Draft 3‐24
Another example of leveraging is the BART extension to Antioch. The cost of this
project is $526.4 million, of which $140.6 million came from Measure J. This
project is leveraged at 2.75, with additional funding from Proposition 1B,
Regional Measures 1 and 2, AB 1171, subregional fees (ECCRFFA), State Transit
Assistance, Traffic Congestion Relief Program, and the Regional Transportation
Improvement Program (RTIP).
A third example of leveraging can be seen in the funding received for the
Transportation for Livable Communities and the Pedestrian, Bicycle and Trails
programs. In this instance, the additional funding ($28 million versus $22 million
in Measure J funding allocated to these programs to date) represents a leveraging
ratio of 1.27:1. About 46 percent of the additional funding is federal, 29 percent
local, six percent State, and 19 percent from impact fees, developer contributions,
and the like.
More can be done to offer incentives and prioritize funding, but for this to
happen, the Authority will need to develop a consistent approach and
methodology for measuring returns on investment. A fair and explicit procedure
is essential so all applicants know what the rules are and how they will be
applied. As part of CTP implementation, the Authority will investigate
methodologies used by other transportation agencies and then determine what
specific calculations should be done and what evaluation criteria will be used.
The findings of this work will be incorporated in the Implementation Guide and
the Authority’s procedures for project funding.
5.3. PUBLIC-PRIVATE FUNDING PARTNERSHIP. Develop public-private partnerships and
pursue innovative financing mechanisms to accelerate project delivery.
State law allows regional transportation agencies, such as the Authority, and
Caltrans to enter into public‐private partnerships (P3s) to develop and operate
transportation projects to accelerate goods movement, improve air quality and
facilitate Californiaʹs economic development. The Presidio Parkway is one
example of a successful partnership executed by the San Francisco County
Transportation Authority. P3s have been used for decades with great success in
Europe, Canada and Australia. In Southern California two toll roads (SR91 and
August 1, 2017 Contra Costa County Board of Supervisors Minutes 654
Visions, Goals, and Strategies
May 24 Public Review Draft 3‐25
SR125) are P3s, and lessons learned from these projects could inform the
Authority’s consideration of how best to approach P3s.
The Tri‐Link Study explored a P3 to fund a $750 million freeway project to
connect Tracy to Brentwood in East County. The Authority continues to oversee
this effort. Since at this time public funding is not available for project
development and construction, the Authority is exploring the feasibility of
private funding sources with revenues through tolling.
In the near to mid‐term, the Authority will investigate the feasibility of initiating
one or more specific projects that could capitalize on the P3 model. These
projects may use either a “user fee” model where the private partner received a
return on investment through fees paid by users of the facility, or an
“availability” model, with payments tied to the public access and use of the
facility and deductions in payments due the private sector partner when
performance standards are not met. Under this latter model, there is no risk
related to an inadequate number of users to generate a reasonable rate of return.
To bolster Measure J sales tax revenues, the Authority will investigate the
feasibility of augmenting its Regional Transportation Mitigation Program
(RTMP), so additional revenues could be used to support transit services as well
as street and highway improvements and also be available to pay for bicycle
facilities and streetscape infrastructure. If, based on public input, this initiative
seems worth pursuing, the Authority could commission a “nexus” study and an
economic feasibility study.
5.4. EQUITY. Consider the needs of all areas and communities in Contra Costa in funding
decisions to ensure fairness in the Authority’s transportation investments.
This strategy is rooted in the basic concept of fairness in terms of the distribution
of benefits and burdens that occur from transportation investments, and seeks to
involve all residents in Contra Costa in the decision‐making processes that affect
them. To accomplish this, the Authority embraces three fundamental equity
principles:
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To avoid, minimize, or mitigate disproportionately high and adverse
human health and environmental effects, including social and economic
effects, on minority populations and low‐income populations;
To ensure the full and fair participation by all potentially affected
communities in the transportation decision‐making process; and
To prevent the denial of, reduction in, or significant delay in the receipt of
benefits by minority and low‐income populations.
The Authority will monitor all of its project funding and collect data to inform
the public and decision‐makers about the presence and extent of any inequities
in transportation funding based on race and income and to describe what actions
could be employed to minimize disproportionate impact.
In all of its planning activities, the Authority uses a collaborative process that
involves residents in low‐income communities, community‐ and faith‐based
organizations that serve them, transit operators, regional agencies, and
stakeholders. Several of the performance measures that the Authority has used in
the 2017 CTP also reflect these equity priorities, including reducing auto‐related
injuries and increasing walkability, preserving and increasing affordable housing
in growth areas, and improving local access to schools. More specifically,
transportation investment scenarios – packages of projects and programs – were
evaluated using these measures, and the results have informed the Authority’s
work on its Long‐Range Transportation Investment Program described in
Chapter 4.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 656
August 1, 2017 Contra Costa County Board of Supervisors Minutes 657
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 July 11, 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: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 77
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Continue Extension of Emergency Declaration Regarding Homelessness
August 1, 2017 Contra Costa County Board of Supervisors Minutes 658
RECOMMENDATION(S):
SET the special tax levy for police services Zones in County Service Area P-6 for Fiscal Year 2017-2018 as set forth
in Exhibit A.
FISCAL IMPACT:
It is estimated the department will receive $2 million cumulative revenue for all zones within County Service Area
(CSA) P-6 in fiscal year 2017/18. This amount reflects a 3.8% increase from the fiscal year 2016/17 cumulative
amount of approximately $1.9 million. Revenue from the zones within CSA P-6 is adjusted annually based on the
April Urban Area Consumer Price Index (CPI-U) for the San Francisco Bay Area.
BACKGROUND:
The above action fixes the tax rates per parcel in the P-6 Zones as outlined in their respective ordinances. In July of
each calendar year, the Board of Supervisors sets the special tax levy for parcels in each CSA P-6 zone based on the
April CPI-U indicator released by the Bureau of Labor Statistics (BLS) as discussed in the fiscal impact section.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Liz Arbuckle, Heike Anderson, Tim Ewell
C. 78
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:August 1, 2017
Contra
Costa
County
Subject:Setting Special Tax Levy for County Service Areas P-6 Zones
August 1, 2017 Contra Costa County Board of Supervisors Minutes 659
CONSEQUENCE OF NEGATIVE ACTION:
The special tax levy will not be authorized by the Board of Supervisors, and the taxes will not be included on the
2017/2018 Property Tax Roll.
CHILDREN'S IMPACT STATEMENT:
No impact.
ATTACHMENTS
Exhibit A
Attachment A
August 1, 2017 Contra Costa County Board of Supervisors Minutes 660
Attachment A
Office of the Sheriff-Coroner
FY 2017/18 County Service Area P-6 Zones, Special Tax Levy
Zone Number and Involved Ordinance
Zone 200 Ord. No. 89-44 Zone 1504 Ord. No. 97-43 Zone 2501 Ord. No. 99-39
Zone 201 Ord. No. 93-45 Zone 1505 Ord. No. 98-37 Zone 2502 Ord. No. 00-37
Zone 202 Ord. No. 95-60 Zone 1506 Ord. No. 98-29 Zone 2503 Ord. No. 08-06
Zone 203 Ord. No. 03-29 Zone 1507 Ord. No. 01-15 Zone 2504 Ord. No. 16-13
Zone 204 Ord. No. 04-12 Zone 1509 Ord. No. 01-22 Zone 2600 Ord. No. 95-12
Zone 205 Ord. No. 04-37 Zone 1510 Ord. No. 02-11 Zone 2601 Ord. No. 93-81
Zone 206 Ord. No. 06-07 Zone 1511 Ord. No. 02-14 Zone 2602 Ord. No. 03-25
Zone 207 Ord. No. 06-23 Zone 1512 Ord. No. 06-08 Zone 2603 Ord. No. 04-41
Zone 208 Ord. No. 06-38 Zone 1513 Ord. No. 07-03 Zone 2604 Ord. No. 06-68
Zone 209 Ord. No. 06-67 Zone 1514 Ord. No. 15-07 Zone 2605 Ord. No. 07-12
Zone 210 Ord. No. 06-69 Zone 1515 Ord. No. 16-03 Zone 2606 Ord. No. 11-16
Zone 211 Ord. No. 08-21 Zone 1600 Ord. No. 94-06 Zone 2700 Ord. No. 93-44
Zone 212 Ord. No. 16-07 Zone 1601 Ord. No. 95-25 Zone 2701 Ord. No. 95-04
Zone 301 Ord. No. 04-42 Zone 1602 Ord. No. 95-10 Zone 2702 Ord. No. 97-40
Zone 400 Ord. No. 96-12 Zone 1603 Ord. No. 95-40 Zone 2703 Ord. No. 05-13
Zone 500 Ord. No. 94-18 Zone 1604 Ord. No. 96-23 Zone 2704 Ord. No. 06-03
Zone 501 Ord. No. 99-30 Zone 1605 Ord. No. 97-20 Zone 2800 Ord. No. 99-41
Zone 502 Ord. No. 01-12 Zone 1606 Ord. No. 97-26 Zone 2801 Ord. No. 00-16
Zone 503 Ord. No. 03-06 Zone 1607 Ord. No. 98-12 Zone 2900 Ord. No. 94-50
Zone 504 Ord. No. 04-21 Zone 1609 Ord. No. 99-38 Zone 2901 Ord. No. 96-15
Zone 700 Ord. No. 94-12 Zone 1610 Ord. No. 99-34 Zone 2902 Ord. No. 01-01
Zone 701 Ord. No. 96-16 Zone 1611 Ord. No. 99-33 Zone 2903 Ord. No. 13-13
Zone 702 Ord. No. 96-22 Zone 1612 Ord. No. 99-42 Zone 3000 Ord. No. 95-26
Zone 900 Ord. No. 02-18 Zone 1613 Ord. No. 00-28 Zone 3001 Ord. No. 04-34
Zone 1000 Ord. No. 94-19 Zone 1614 Ord. No. 01-14 Zone 3002 Ord. No. 06-41
Zone 1001 Ord. No. 98-17 Zone 1615 Ord. No. 02-10 Zone 3003 Ord. No. 07-04
Zone 1002 Ord. No. 03-27 Zone 1616 Ord. No. 06-02 Zone 3004 Ord. No. 07-05
Zone 1003 Ord. No. 04-02 Zone 1700 Ord. No. 98-20 Zone 3005 Ord. No. 08-01
Zone 1004 Ord. No. 05-11 Zone 1800 Ord. No. 95-11 Zone 3100 Ord. No. 96-17
Zone 1005 Ord. No. 06-15 Zone 1801 Ord. No. 95-50 Zone 3101 Ord. No. 01-24
Zone 1006 Ord. No. 06-42 Zone 1803 Ord. No. 98-47 Zone 3102 Ord. No. 02-21
Zone 1100 Ord. No. 94-07 Zone 1804 Ord. No. 01-08 Zone 3103 Ord. No. 03-07
Zone 1101 Ord. No. 99-21 Zone 2000 Ord. No. 98-30 Zone 3104 Ord. No. 04-29
Zone 1200 Ord. No. 95-45 Zone 2200 Ord. No. 99-53 Zone 3105 Ord. No. 06-01
Zone 1201 Ord. No. 03-35 Zone 2201 Ord. No. 00-02 Zone 3106 Ord. No. 06-24
Zone 1500 Ord. No. 95-24 Zone 2202 Ord. No. 04-35 Zone 3107 Ord. No. 06-27
Zone 1501 Ord. No. 95-49 Zone 2203 Ord. No. 04-36 Zone 3108 Ord. No. 07-13
Zone 1502 Ord. No. 96-29 Zone 2300 Ord. No. 94-69 Zone 3109 Ord. No. 07-38
Zone 1503 Ord. No. 98-04 Zone 2500 Ord. No. 96-14 Zone 3110 Ord. No. 07-39
Zone 3112 Ord. No. 10-05
August 1, 2017 Contra Costa County Board of Supervisors Minutes 661
August 1, 2017 Contra Costa County Board of Supervisors Minutes 662
August 1, 2017 Contra Costa County Board of Supervisors Minutes 663
August 1, 2017 Contra Costa County Board of Supervisors Minutes 664
August 1, 2017 Contra Costa County Board of Supervisors Minutes 665
August 1, 2017 Contra Costa County Board of Supervisors Minutes 666
August 1, 2017 Contra Costa County Board of Supervisors Minutes 667
August 1, 2017 Contra Costa County Board of Supervisors Minutes 668
August 1, 2017 Contra Costa County Board of Supervisors Minutes 669
August 1, 2017 Contra Costa County Board of Supervisors Minutes 670
August 1, 2017 Contra Costa County Board of Supervisors Minutes 671
August 1, 2017 Contra Costa County Board of Supervisors Minutes 672
RECOMMENDATION(S):
SET the special tax levy for police services in County Service Areas P-2 (Zones A and B) and P-5 for Fiscal Year 2017-2018 as follows:
P-2 Zone A (Blackhawk):
Single residential: $ 280 per parcel, per year
Small multiple residential: $ 280 per parcel, per year
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Liz Arbuckle, Heike Anderson, Tim Ewell
C. 79
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:August 1, 2017
Contra
Costa
County
Subject:Setting Special Tax Levy for County Service Areas P-2 Zone A (Blackhawk), P-2 Zone B (Alamo) and P-5 (Round
Hill)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 673
RECOMMENDATION(S):
(CONT'D)
Large multiple residential: $ 280 per parcel,
per year
Commercial/Industrial/Institutional:$ 1,680 per parcel,
per year
Commercial/Theater: $ 8,400 per parcel,
per year
P-2 Zone B (Alamo):
Single residential: $ 18 per parcel, per
year
Small multiple residential: $ 27 per parcel, per
year
Large multiple residential: $ 36 per parcel, per
year
Commercial/Industrial/
Institutional:
$ 54 per parcel, per
year
P-5 (Round Hill)
Commercial recreational: $ 792 per parcel, per
year
All other: $ 330 per parcel, per
year
FISCAL IMPACT: There is no impact on the County General Fund.
BACKGROUND: The above action for County Service Area P-2 Zone A is required by County Ordinance No. 95-55,
as amended by County Ordinance No. 2005-09. The rates are the same as those in effect for Fiscal Year 2016-2017.
Setting the special tax levy for police services will permit the Sheriff to continue to provide police services in the
Blackhawk Area. It is estimated that the special tax levy will raise $721,000 for Fiscal Year 2017-2018.
The above action for County Service Area P-2 Zone B is required by County Ordinance No. 81-16. The rates are the
same as those in effect for Fiscal Year 2016-2017. Setting the special tax levy for police services will permit the
Sheriff to continue to provide police services in the Alamo area. It is estimated that the special tax levy will raise
approximately $64,000 for Fiscal Year 2017-2018.
The above action for County Service Area P-5 is required by County Ordinance No. 2000-38. The rates are the same
as those in effect for Fiscal Year 2016-2017. Parcels not used for commercial recreational purposes will have a special
tax levy of $330. The rate for parcels used for commercial recreational purposes is set at $792, which is 240% of the
levy for parcels not used for commercial recreational purposes, as required by Article III(1)(b) of the ordinance. Setting
the special tax levy for police services will permit the Sheriff to continue to provide police services in the Round Hill
area. It is estimated that the special tax levy will raise approximately $255,000 for Fiscal Year 2017-2018.
CONSEQUENCE OF NEGATIVE ACTION:
The special tax levy will not be authorized by the Board of Supervisors resulting in the tax not being included on the
2017/18 Property Tax Roll.
CHILDREN'S IMPACT STATEMENT: No impact.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 674
August 1, 2017 Contra Costa County Board of Supervisors Minutes 675
RECOMMENDATION(S):
REFER to the Board's Airports Committee the recruitment to fill a vacant At Large seat on the Aviation Advisory
Committee.
BACKGROUND:
In 2013, IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At
Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board Committee. The majority of
applications and candidates for these At Large seats are screened and/or interviewed by the Board's Internal
Operations Committee (IOC), including those for the Aviation Advisory Committee.
In December 2016, the IOC recommended to the Board of Supervisors appointment of Emily Barnett (Pleasant Hill)
and reappointment of DeWitt Hodge (incumbent, Pittsburg) to At Large seats on the Aviation Advisory Committee.
However, the Board decided to appoint only Ms. Barnett, leaving new term of At Large #2 seat (held by DeWitt
Hodges) open, and requested the Airports Committee to resolve the issue of Mr. Hodges having a business interest on
the premises rather than a general community interest, and to return to the Board with a recommendation for an
appointment to the remaining At Large seat.
In March 1, 2017, the At Large 2 seat term of office expired. The Airports Director opened a five-week recruitment,
garnering only one application, from DeWitt Hodge, who attended the July 10 IOC meeting. At the July 10 IOC
meeting, Airports Director Keith Freitas explained that there had been two applicants for the vacant At Large
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Julie DiMaggio Enea
(925) 335-1077
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: August 1, 2017
, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: IOC Staff, Airports Director
C. 80
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:August 1, 2017
Contra
Costa
County
Subject:REFER AVIATION ADVISORY COMMITTEE AT LARGE SEAT RECRUITMENT TO THE AIRPORTS
COMMITTEE
August 1, 2017 Contra Costa County Board of Supervisors Minutes 676
BACKGROUND: (CONT'D)
seat but on the day of packet distribution, one applicant withdrew, leaving only one candidate for the IOC's
consideration. The candidate, DeWitt Hodge, who previously held the seat, commented that there was no written
description or requirements for the At Large seats and therefore, no grounds on which to disqualify him.
Acknowledging that the Board of Supervisors is seeking community representation in the AAC At Large seats, the
IOC requested the Airports Director to initiate a new recruitment with the goal of attracting a pool of candidates for
further consideration. The IOC recommends to the Board that the new recruitment for this seat be referred to the
Airports Committee, which has direct oversight of airport issues within the county.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 677
RECOMMENDATION(S):
AUTHORIZE the Chair of the Board of Supervisors to sign a letter of interest to The Solar Foundation in support of
their application to the Solar Energy Innovation Network program of the U.S. Department of Energy and the National
Renewable Energy Laboratory for funding to investigate how to remove institutional barriers to expanding
deployment of solar energy.
FISCAL IMPACT:
Should The Solar Foundation be selected to participate in the Solar Energy Innovation Network, the County would be
expected to make an in-kind contribution of staff time. The Department of Conservation and Development
anticipates that two senior staff and one Deputy Director would each spend 2-3 hours per month on this project for 18
to 21 months, with one of them attending quarterly project team meetings to include travel costs. The Department
would cover these staff expenses 50% from General Fund revenues allocated for the Sustainability Coordinator
position and 50% from the Land Development Fund.
BACKGROUND:
The Solar Energy Innovation Network (SEIN) is a three-year program, sponsored by the U.S. Department of Energy
(DOE) and the National Renewable Energy Laboratory (NREL), designed to remove soft cost (non-hardware cost)
barriers to wide-scale integration of distributed solar photovoltaics (PV) within the U.S. electricity system. The
program supports selected project teams that aim to address these barriers through in-person, facilitated peer-learning
and targeted research and analysis over an 18-21 month period. Project teams will be grouped together based on
common solar market challenges to facilitate peer exchange and address similar analytical needs. The program design
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Jody London,
925-674-7871
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 81
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:August 1, 2017
Contra
Costa
County
Subject:Application to the Solar Energy Innovation Network
August 1, 2017 Contra Costa County Board of Supervisors Minutes 678
BACKGROUND: (CONT'D)
>
encourages development and replication of innovative solutions through active sharing of lessons-learned.
This program is designed to facilitate solutions to solar market barriers, recognizing that hardware price declines
on their own are insufficient to achieve wide-scale integration of solar PV in the U.S. It has been developed in
response to the increasing number of requests from states, counties, and local entities for data-based solutions.
SEIN builds on successful elements of past and current programs at DOE and NREL, such as the SunShot
Catalyst Energy Prize Program and the Solar Technical Assistance Team, which bring together diverse groups of
stakeholders striving to bring novel solutions to bear in the market.
The Solar Foundation, a nonprofit, nonpartisan organization dedicated to advancing solar energy use worldwide,
is putting together a team of local governments from across the country to examine how to overcome soft costs
associated with greater deployment of solar energy and energy storage, particularly in the context of climate
resiliency. Contra Costa County would help explore issues related to siting, zoning, and permitting. The Solar
Foundation is interested in the work DCD is proposing be done with disadvantaged communities as part of an
upcoming, proposed study of opportunities and constraints for expanding generation of renewable energy in the
County.
Benefits to the County of participating in this project, if selected, include 1) helping Contra Costa County plan for
larger and more complex renewable energy systems (i.e., including storage); 2) free access to the resources of the
National Renewable Energy Laboratory for data, modelling, etc.; 3) learning from other local governments
working on these issues; and 4) meeting with other teams working on related issues.
At this time, the County is being asked only to participate in The Solar Foundation’s application, which is due
August 1. The Solar Foundation asks for a letter of interest from each team member.
CONSEQUENCE OF NEGATIVE ACTION:
Failure by the County to participate in The Solar Foundation’s application to the Solar Energy Innovation
Network means the County would lose an opportunity to access the data and modeling resources of the National
Renewable Energy Laboratory and receive other technical assistance that would support the County’s climate
action goals.
ATTACHMENTS
Letter of Interest
August 1, 2017 Contra Costa County Board of Supervisors Minutes 679
The Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, California 94553-1293
John Gioia, 1st District
Candace Andersen, 2nd District
Diane Burgis, 3rd District
Karen Mitchoff, 4th District
Federal D. Glover, 5th District
August 1, 2016
Ed Gilliland
Senior Director of Programs
The Solar Foundation
1717 Pennsylvania Ave., NW, Suite 750
Washington, DC 20006
RE: Commitment to TSF NREL SEIN Application
Dear Mr. Gilliland:
On behalf of The Contra Costa County Board of Supervisors I am writing you to convey that Contra Costa
County would be pleased to be a part of The Solar Foundation (TSF) team for the National Renewable
Energy Laboratory (NREL) Solar Energy Innovation Network (SEIN) application. We plan to work with the
team to research baseline conditions for solar energy paired with energy storage systems and to
exchange best practices with peer communities. This work will address soft cost barriers and result in a
plan to integrate solar and storage into public and/or private sector solar investments.
One of the goals of the Contra Costa County Climate Action Plan is to increase the amount of renewable
energy generated in the County. The County and the majority of the cities in the County are in the
process of joining MCE, a community choice aggregator. One of the motivating factors for joining MCE is
to increase the amount of locally generated renewable energy. The County is in the process of
requesting and accepting a grant from the California Strategic Growth Council to identify opportunities
and constraints for expanding generation of renewable energy in Contra Costa County, including
analyzing if and how our zoning ordinances could and should be modified to facilitate deployment of more
renewable energy. We also will work with disadvantaged communities to determine how they can benefit
from renewable energy opportunities in the County.
Contra Costa County recently was named a SolSmart community. Through this program we will be
working to better facilitate solar energy projects in our County and promote these opportunities to our
residents and businesses.
Participating in the Solar Energy Innovation Network would allow Contra Costa County to accelerate our
work to be a leader in renewable energy systems. We look forward to supporting the team and
benefitting from sustained external support to boost our ideas, goals, and projects from early-stages
towards implementation and scale.
Sincerely,
Federal Glover, Chair
Contra Costa County Board of Supervisors
David Twa
Clerk of the
Board
and
County
Administrator
(925) 335-1900
Contra
Costa
County
August 1, 2017 Contra Costa County Board of Supervisors Minutes 680
RECOMMENDATION(S):
ADOPT report as the Board of Supervisors' response to Civil Grand Jury Report No. 1705, entitled "Funding Flood
Control Infrastructure" and DIRECT the Clerk of the Board to forward to the Superior Court no later than August 29,
2017.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The 2016/17 Civil Grand Jury filed the above-reference report attached, on May 31, 2017, which was reviewed by
the Board of Supervisors and subsequently referred to the County Administrator and Public Works Department, who
prepared the attached response that clearly specifies:
A. Whether the finding or recommendation is accepted or will be implemented;
B. If a recommendation is accepted, a statement as to who will be responsible for implementation and a definite
target date;
C. A delineation of the constrains if a recommendation is accepted but cannot be implemented within a six-month
period; and
D. The reason for not accepting or adopting a finding or recommendation.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: Laura Strobel, (925)
335-1091
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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Julie Burean, Public Works Director
C. 82
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Response to Civil Gran Jury Report No. 1705, Entitled "Funding Flood Control Infrastructure"
August 1, 2017 Contra Costa County Board of Supervisors Minutes 681
BACKGROUND: (CONT'D)
FINDINGS
F1. Reserves have not been set aside for the replacement costs of the County flood control system.
Response: The respondent agrees with the finding.
F2. Presently, there is little public support to fund the replacement costs of the County flood control system.
Response: The respondent neither agrees nor disagrees with the finding; however, based on presentations
given to a wide variety of groups in Contra Costa County and the feedback received, there does not appear
to be public support to raise revenue to fund replacement costs of Flood Control District facilities.
F3. There is little sense of urgency among elected officials towards financing the replacement costs of flood
control in California.
Response: The respondent disagrees with the finding. The Contra Costa County Board of Supervisors
understands the urgency to develop a funding source for replacement, however the solution includes
modifying the California State Constitution. Senate Bill 231 by Hertzberg would define Sewer to include
stormwater and flood control facilities and, therefore, be considered a utility and be allowed to raise rates
similar to water and wastewater. The California State Association of Counties (CSAC) is committed to
finding a funding solution for local stormwater programs. CSAC staff are working in coordination with
county public works departments to build local political support with county Board of Supervisors and state
legislators as well as to increase public awareness of this critical issue until a successful statewide solution
is identified.
F4: The older sections of the County flood control system are approaching their design life of 70 years.
Response: The respondent agrees with the finding.
F5: The current mechanism for funding flood control is not enough to maintain and eventually replace the system.
Response: The respondent agrees with the finding. None of the Flood Control Zones have adequate funding
to maintain and eventually replace the systems. For example, the County receives no money to maintain and
replace the existing infrastructure for Pinole Creek, Zone 9 because the tax rate was set at zero when
Proposition 13 went into effect.
F6. The proposed California Water Conservation, Flood Control and Storm Water Management Act could provide
revenues for County Flood Control to begin building financial reserves for full maintenance and eventual
replacement of the system.
Response: The respondent agrees with the finding. The proposed legislation is an effort to modify the
California Constitution to allow stormwater to be treated as a utility similar to water or sewer. This
proposed modification would allow a rate structure for stormwater to be used for maintenance or
replacement of facilities.
RECOMMENDATIONS
R1. The County Board of Supervisors, as the Governing Board of the Flood Control and Water Conservation
District, should consider continuing to pursue efforts to educate elected officials about the urgency of passing the
California Water Conservation, Flood Control and Storm Water Management Act.
Response: The recommendation has been implemented. The Board of Supervisors is working with the
California State Association of Counties and the League of Cities to outreach to elected officials and the
public in general in California on the importance of stormwater funding.
R2. The County Board of Supervisors, as the Governing Board of the Flood Control and Water Conservation
District, should consider identifying funds to increase the Flood Control maintenance budget to begin reducing the
deferred maintenance backlog, prior to January 2018.
Response: The recommendation has been implemented. The Board of Supervisors is very involved in the
ongoing efforts to identify funding to increase the Flood Control maintenance budget and is working closely
August 1, 2017 Contra Costa County Board of Supervisors Minutes 682
with CSAC and state Legislators to determine the best course of action to address stormwater funding. It is
not anticipated that currently proposed legislation will pass before January 2018.
R3. The County Board of Supervisors, as the Governing Board of the Flood Control and Water Conservation
District, should consider identifying funds to begin building reserves to fund the reconstruction of the County
flood control system, prior to January 2018.
Response: The recommendation has been implemented. The Board of Supervisors has considered
availability of funding and is closely following efforts in Sacramento to determine the best course of action
to address stormwater funding. It is not anticipated that the proposed legislation would pass before January
2018.
R4. The County Board of Supervisors, as the Governing Board of the Flood Control and Water Conservation
District,should consider instructing Flood Control staff to prepare plans for a County wide campaign to educate
the public on the need to replace the infrastructure.
Response: The recommendation has been implemented. The Flood Control District is engaged in an
ongoing outreach campaign to residents on the importance of stormwater infrastructure and the funding for
installation, replacement and maintenance. District Staff regularly reports to the Board of Supervisors'
Transportation Water and Infrastructure Committee on the outreach efforts and to the full Board of
Supervisors annually and receives input and direction.
CONSEQUENCE OF NEGATIVE ACTION:
In order to comply with statutory requirements, the Board of Supervisors must provide a response to the Superior
Court no later than August 29, 2017. The Board must take timely action in order to comply with the statutory
deadline.
ATTACHMENTS
Civil Grand Jury Report No. 1705
August 1, 2017 Contra Costa County Board of Supervisors Minutes 683
August 1, 2017Contra Costa County Board of Supervisors Minutes684
August 1, 2017Contra Costa County Board of Supervisors Minutes685
August 1, 2017Contra Costa County Board of Supervisors Minutes686
August 1, 2017Contra Costa County Board of Supervisors Minutes687
August 1, 2017Contra Costa County Board of Supervisors Minutes688
August 1, 2017Contra Costa County Board of Supervisors Minutes689
August 1, 2017Contra Costa County Board of Supervisors Minutes690
August 1, 2017Contra Costa County Board of Supervisors Minutes691
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid
Student Training Agreement #22-052-9 with Holy Names University, an educational institution, to provide
supervised field instruction in County’s Public Health Division and Contra Costa Regional Medical Center and
Contra Costa Health Centers to nursing students from November 1, 2017 through October 31, 2020.
FISCAL IMPACT:
None.
BACKGROUND:
The purpose of this agreement is to provide Holy Names University nursing students 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,
benefitting from the students’ services to patients.
On September 29, 2014, the Board of Supervisors approved Contract #22-052-8 with Holy Names
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: D Morgan, M Wilhelm
C. 83
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Unpaid Student Training Agreement #22-052-9 with Holy Names University
August 1, 2017 Contra Costa County Board of Supervisors Minutes 692
BACKGROUND: (CONT'D)
University for the provision of supervised fieldwork instruction experience for its nursing students with Health
Services Department for the period from November 1, 2014 through October 31, 2017.
Approval of Unpaid Student Training Agreement #22-052-9 will allow Holy Names University students to receive
supervised fieldwork instruction experience, in County’s Public Health Division and Contra Costa Regional Medical
Center and Contra Costa Health Centers, through October 31, 2020.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, the students will not receive supervised fieldwork instruction experience in
County’s Public Health Division and Contra Costa Regional Medical Center and Contra Costa Health Centers.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 693
RECOMMENDATION(S):
APPROVE the response to Civil Grand Jury Report No. 1702, entitled "Emergency Mass Care and Shelter: Are We
Ready?" and DIRECT the Clerk of the Board to forward the response to the Superior Court following Board action.
FISCAL IMPACT:
No fiscal impact. This is an informational report.
BACKGROUND:
On May 24, 2017, the County received 2016-17 Civil Grand Jury Report No. 1703, "Emergency Mass Care and
Shelter: Are We Ready?". The report was received by the Board of Supervisors and subsequently referred to the
County Administrator on the June 13, 2017 Board of Supervisor agenda (Item C. 84) who prepared the attached
response that specifies:
Whether the respondent agrees, or disagrees wholly or partially with each finding;
If the respondent disagrees with a finding, a statement explaining the portion of the finding that is disputed and
the reasons for the disagreement;
Whether each recommendation has been either: implemented; not yet been implemented; will not be
implemented and why; or requires further analysis with an explanation of the scope and anticipated time frame.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Timothy Ewell, Sr. Deputy County Administrator, Clerk of the Board
C. 84
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Response to Civil Grand Jury Report No. 1702, "Emergency Mass Care and Shelter"
August 1, 2017 Contra Costa County Board of Supervisors Minutes 694
CONSEQUENCE OF NEGATIVE ACTION:
In order to comply with statutory requirements, the Board of Supervisors must provide a response to the Superior
Court no later than August 9, 2017 (90 days after the grand jury submits a final report). The Board must take
action no later than the August 8, 2017 meeting in order to comply with the statutory deadline.
ATTACHMENTS
Response to Grand Jury Report No. 1702
Grand Jury Report No. 1702
August 1, 2017 Contra Costa County Board of Supervisors Minutes 695
Page 1 of 3
CONTRA COSTA COUNTY CIVIL GRAND JURY REPORT NO. 1702
"Emergency Mass Care and Shelter”
BOARD OF SUPERVISORS’ RESPONSE
FINDINGS – California Penal Code Section 933.05(a) requires a response to the designated findings
of the Grand Jury.
F1. The Bay Area Earthquake Plan of July 6, 2016, establishes operational planning
and preparation criteria for each Bay Area county.
Response: Partially Disagree. The Bay Area Earthquake Plan does serve as an important
planning and preparation document. However, the Plan only includes high level strategies and
does not include specific incident response strategies.
F2. The Sheriff OES is charged with planning and coordinating the County’s response
to a disaster.
Response: Agree.
F3. Sheriff OES Catastrophic Mass Care and Shelter Plan and other earthquake
operational planning and preparation plans, dated 2010, do not meet the 2016 Bay
Area Earthquake Plan requirements.
Response: Agree. It is important to note that the County’s 2010 Plan was written to link to the
previous Bay Area Earthquake Plan. The County Plan has not been updated since the Bay
Area Plan was updated in mid-2016.
F5. EHSD 2016 Emergency Management Plan differs from the Sheriff OES 2010 Mass
Care and Shelter Plan.
Response: Agree.
F8. Sheriff OES does not have the resources to update all the operational planning
and preparation plans as required by the 2016 Bay Area Earthquake Plan.
Response: Partially Disagree. It would be an extremely difficult and costly task for the Sheriff’s
Office to continuously update the multitude of plans, policies and annexes currently
administered by the OES Division in response to every update of Federal, State and/or regional
plans. The Sheriff’s Office ensures that legally required document updates occur when required
and facilitate the update of other planning documents as needed.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 696
Page 2 of 3
F9. Sheriff OES has no written procedures concerning selection, inspection and opening
an emergency shelter.
Response: Agree. This function is performed by the Employment and Human Services
Department (EHSD).
F10. Sheriff OES has no standard training program that covers how emergency shelters
are selected, inspected, and opened.
Response: Agree. This function is performed by EHSD.
F11. The Sheriff OES recognizes the American Red Cross makes non-binding
prearrangements for shelters and lists the shelters on the FEMA sponsored database,
National Shelter System (NSS).
Response: Agree.
F12. Responsibility for determining whether a shelter is habitable and safe to use rests
with the local jurisdiction or Sheriff OES.
Response: Partially Disagree. The Sheriff’s OES Division supports shelter coordination, but the
responsibility for habitability and safety is building inspection and environmental health function.
Potential shelter sites must be inspected and approved by a city or county building inspector
prior to use as a shelter. Schools must be inspected and approved by California Department of
Architects before occupancy.
F13. Sheriff OES can view, but not edit, data in the NSS.
Response: Agree.
F15. Sheriff OES does not receive regularly scheduled reviews and updates of shelter
sites in NSS from American Red Cross.
Response: Agree.
F16. Sheriff OES has not received a NSS based shelter report from the American Red
Cross since 2008.
Response: Agree.
RECOMMENDATIONS - California Penal Code Section 933.05(b) requires a response to the
designated recommendations of the Grand Jury.
R1. Sheriff OES should consider creating a schedule for updating the Bay Area
Earthquake Plan operational annexes by the end of 2017.
Response: The recommendation will not be implemented because it is not warranted or
not reasonable. Current Operational Area annexes should be updated to reflect the local, all
hazards County Emergency Operations Plan.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 697
Page 3 of 3
R3. Sheriff OES should consider developing a written Mass Care and Shelter protocol by
July 1, 2018, that covers selection, inspection, and opening a shelter, and identifying
funds to do so.
Response: The recommendation will not be implemented because it is not warranted or
not reasonable. In Contra Costa County, the Employment and Human Services Department is
responsible for this function. The American Red Cross plays a critical outside support role as
well.
R4. Sheriff OES should consider including shelter selection, inspection and preparation
when it establishes the Emergency Operations Center for a simulated disaster as part of
disaster exercises.
Response: The recommendation will not be implemented because it is not warranted or
not reasonable. The Sheriff’s Office does integrate shelter operations into exercises performed
in the Emergency Operations Center. However, the responsibility for site selection, inspection
and preparation rests with the Employment and Human Services Department for the
unincorporated areas and the cities for disasters within city limits.
R6. Sheriff OES should consider providing training to EHSD on how to use the NSS
system after EHSD is granted access to view the NSS list.
Response: This recommendation has not yet been implemented, but will be implemented
once EHSD obtains access to view the NSS data. It is important to note that the Sheriff’s
Office has “view only” access to the NSS data, so training would be limited to accessing the
information only.
R8. Sheriff OES and American Red Cross should consider inviting EHSD to their regular
meetings regarding earthquake planning and review of associated policies.
Response: This recommendation has been implemented. EHSD currently coordinates
quarterly meetings with Contra Costa County, American Red Cross (ARC), and the Sheriff’s
OES staff. The meetings focus on identifying gaps and seeking resolution, creating or modifying
processes to streamline coordination efforts, offering assistance to one another with tasks and
projects, and facilitate effective communications among the team that will respond in a disaster.
These meetings are effective in ensuring that all parties responding to a disaster as it relates to
mass care and shelter are familiar with each other’s responsibilities and resources.
R9. Sheriff OES should consider reviewing its plans to coordinate local jurisdictions,
EHSD and the American Red Cross during an emergency, and develop procedures and
provide training where deficiencies are identified.
Response: This recommendation is being implemented. The Sheriff’s OES, ARC, EHSD,
other County Departments and local jurisdictions meet from time to time and participate in
exercises. All exercises are evaluated and lessons are learned. OES makes training available
to the various entities.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 698
August 1, 2017 Contra Costa County Board of Supervisors Minutes 699
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 1
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
Contact: Jim Mellander
Foreperson
925-608-2621
Contra Costa County Grand Jury Report 1702
Emergency Mass Care and Shelter
Are We Ready?
TO: Board of Supervisors, Office of the Sheriff
SUMMARY
The Contra Costa Office of the Sheriff, Office of Emergency Services (Sheriff OES),
the Contra Costa County Employment and Human Services Department (EHSD),
and the American Red Cross are responsible for establishing mass care and
shelters in Contra Costa County following a disaster. These government agencies
and the American Red Cross could be better prepared to reach that goal with more
resources and a closer working relationship that includes improved communication
and a coordinated shelter plan. Responsibility for coordinating such a shelter plan
among EHSD, the American Red Cross and local jurisdictions, such as cities,
special districts, and the County, rests with the Sheriff OES.
The 2016 Bay Area Earthquake Plan created new requirements that the Sheriff OES
and EHSD must incorporate into the County’s Mass Care and Shelter Plan. To
meet the requirements of the 2016 Bay Area Earthquake Plan, EHSD needs access
to view and update the National Shelter System (NSS). To incorporate these new
requirements, the Sheriff OES also needs to develop a standard procedure for all
local jurisdictions to establish mass care and shelter within its jurisdiction.
METHODOLOGY
The Grand Jury reviewed published documents from the United States Geological
Survey, the California Governor’s Office of Emergency Services, the Sheriff OES,
EHSD, the American Red Cross, and the United States Department of Homeland
Security Bay Area Urban Area Security Initiative (UASI).
The Grand Jury also interviewed representatives from the Sheriff OES, EHSD, the
Bay Area UASI, and the American Red Cross.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 700
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 2
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
BACKGROUND
Contra Costa County is highly vulnerable to earthquakes. The United States
Geological Survey (USGS) predicts there is a 73 percent chance that a catastrophic
earthquake of magnitude 6.7 or larger will occur in the San Francisco Bay Area
within the next 30 years. There are three major faults in Contra Costa County: the
Hayward Fault, the Calaveras Fault, and the Concord-Green Valley Fault. The San
Andreas Fault, which is the largest fault in the Bay Area and could produce an
earthquake up to magnitude 8.5, is also in close proximity to Contra Costa County.
A major rupture along any of these four faults will cause catastrophic damage to
communities in Contra Costa County.
The 2013-2014 Grand Jury produced an investigation report, “County Emergency
Operations, Ready or Not?” The Grand Jury found that Contra Costa County did not
have an approved Emergency Operations Plan. It made three recommendations:
1. The Sheriff should update the Emergency Operations Plan.
2. The Board of Supervisors should approve the updated Emergency
Operations Plan.
3. The County should plan for and construct a permanent Emergency
Operations Center if funds become available.
The Sheriff completed the first recommendation by updating the Emergency
Operations Plan in early 2015. The Board of Supervisors completed the second
recommendation when it approved the Contra Costa County Emergency Operations
Plan in June 2015. The Board of Supervisors began addressing the third
recommendation in August 2016 when it funded preliminary planning and design for
a permanent Emergency Operations Center.
The 2016-2017 Grand Jury undertook an investigation to see whether the County is
prepared for a catastrophic earthquake disaster. The Grand Jury focused on one
area of preparation, the County’s Emergency Mass Care and Shelter Plan. The
Emergency Mass Care and Shelter Plan provides for the temporary shelter and
feeding of victims of a major disaster. These plans take two or three days to activate
and remain in operation until the disaster impacts are resolved, which can be from
several months to several years.
After the disaster that resulted from Hurricane Katrina in 2005, the Federal
Emergency Management Agency (FEMA) established disaster planning,
preparedness, response and recovery requirements for all states, including a Mass
Care and Shelter Plan.
In California, the Governor’s Office of Emergency Services adopted and imposed the
requirements for local jurisdictions, such as counties, cities and special districts.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 701
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 3
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
FEMA, the State of California, and Bay Area governments also conducted
earthquake planning and preparedness initiatives.
Since this time, there have been a series of planning efforts mandated and funded
by varying sources. The result has been series of emergency operational plans that
are inconsistent with each other, and failed to meet the requirements of the latest
planning mandate. The following is a brief history of these planning efforts:
2005: FEMA establishes the National Response Framework and National Incident
Management System. The National Response Framework is the standard
framework for all states to follow in planning, preparing, responding, and recovering
from a disaster. The National Incident Management System enables states to
communicate and manage a disaster in a standardized manner. FEMA designates
the health and human services departments of each respective state as the
responsible agencies to ensure that Mass Care and Shelters Plans are operational.
FEMA assigns the American Red Cross, a non-governmental agency, as the agency
that is responsible for identifying and making prearrangements for the emergency
shelters. Once local jurisdictions identify, inspect, and open shelters, the American
Red Cross has the responsibility to operate them.
2008: FEMA and California publish the “California Catastrophic Incident Base Plan:
Concept of Operations.” This plan provides greater detail in planning and
preparation at the local jurisdiction level for a catastrophic earthquake. The Plan also
establishes criteria for operational plans as part of the overall emergency operations
plan. The Plan has since been superseded by the 2016 Bay Area Earthquake Plan.
2009: The California State Emergency Plan is adopted, which requires all counties
to have an approved Emergency Operations Plan. As required by FEMA, the
California State Emergency Plan designates the California Health and Human
Services Department as the lead state agency to ensure that Mass Care and Shelter
Plans are operational.
2010: The Sheriff OES publishes five earthquake operational plans, including the
Catastrophic Mass Care and Shelter Plan, in response to the 2008 “California
Catastrophic Incident Base Plan: Concept of Operations.” These operational plans
supplement the County’s main Emergency Operations Plan. The operational plans
are out of date but still in use.
2011: The County partners with other San Francisco Bay Area counties under the
Bay Area Urban Area Security Initiative (UASI) as part of ongoing coordination and
planning. A federal grant to Bay Area UASI provides funds that assist counties in
preparing disaster response operational plans at the local level. These operational
plans, including Mass Care and Shelter, are annexes (specific stand-alone
operational plans) to the County Emergency Operations Plan.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 702
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 4
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
2015: The County approves the Emergency Operations Plan. The 2015 Emergency
Operations Plan designates EHSD as the lead County department responsible for
ensuring that the Mass Care and Shelter Plan is operational. Under the Emergency
Operations Plan, the Sheriff OES has overall responsibility for planning, preparing,
responding and coordinating Contra Costa County’s disaster response and recovery
efforts.
2016: The 2016 Bay Area Earthquake Plan prepared by the Department of
Homeland Security, FEMA, and California Office of Emergency Services supersedes
the 2008 “California Catastrophic Incident Base Plan: Concept of Operations” and
the 2011 UASI planning. The 2016 Bay Area Earthquake Plan has new and
updated requirements that the Sheriff OES will need to implement. To comply with
these requirements, the Sheriff OES will need to update all existing annexes and
specific detailed operational plans or replace them with new plans.
DISCUSSION
Scientists and all Bay Area government agencies agree that a 6.7 magnitude or
larger earthquake will occur in the San Francisco Bay Area, causing a catastrophic
disaster. Three major faults run through Contra Costa County and a fourth passes
nearby.
When a catastrophic earthquake occurs, many thousands of people will be
homeless and in need of emergency shelter and care. The Mass Care and Shelter
Plan establishes processes and procedures for sheltering and feeding those in need.
Additionally, the 2016 Bay Area Earthquake Plan establishes new operational
disaster response and recovery criteria based on worst-case scenarios. All Bay
Area counties are required to comply with these criteria.
Lead Agencies for Contra Costa County
In Contra Costa County, the Sheriff OES is charged with planning and coordinating
the County’s response to a disaster. It also shares responsibility with EHSD for
preparing and updating the Mass Care and Shelter Plan.
EHSD is responsible for executing the Mass Care and Shelter Plan and coordinating
with the American Red Cross to operate the shelters. Although EHSD and the
American Red Cross must coordinate their joint operations, they do not meet to
discuss the logistics of the coordination.
The evolving plans and requirements surrounding emergency responses have
resulted in agencies creating inconsistent emergency plans. EHSD 2016
August 1, 2017 Contra Costa County Board of Supervisors Minutes 703
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 5
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
Emergency Management Plan differs significantly from the Sheriff OES 2010
Catastrophic Mass Care and Shelter Plan, and the 2016 Bay Area Earthquake Plan.
The 2010 Sheriff OES Catastrophic Mass Care and Shelter Plan also does not
comply with the 2016 Bay Area Earthquake format. Both EHSD and Sheriff OES
also stated that a lack of resources in both agencies has led to minimal coordination
between agencies regarding a Catastrophic Mass Care and Shelter plan.
Role of the American Red Cross
The lead nongovernmental agency is the American Red Cross, which is tasked with
identifying and arranging for potential emergency shelter sites. The American Red
Cross enters into non-binding memoranda of understanding with owners of buildings
in Contra Costa County that could serve as emergency shelters. Each non-binding
memorandum of understanding establishes the parameters of when a facility may be
used as a shelter. Typical emergency shelters include schools, community centers,
and armories.
The Red Cross then lists these shelters on the National Shelter System (NSS),
which is a FEMA database that contains that location and contact information for all
potential American Red Cross shelters. All local jurisdictions are granted access to
the NSS if they apply for that access. During emergencies, this access helps a local
jurisdiction to identify nearby shelter locations. The local jurisdiction next screens
possible locations by consulting with its safety inspectors to determine whether the
shelter is safe to operate. If the local jurisdiction chooses the site, the Incident
Commander or Unified Command under the National Incident Management System
then tasks the American Red Cross to operate the shelter. The American Red
Cross is not responsible for selecting a shelter site or for determining whether the
shelter is safe to use after a disaster occurs.
In Contra Costa County, the American Red Cross has three paid employees who
routinely assist with emergencies. Due to limited staffing, the American Red Cross
has not updated the NSS shelter list for Contra Costa County since 2008. While
Sheriff OES can access and view data in the NSS, only the American Red Cross
can modify the data. Sheriff OES does not know whether the list of sites is up to date
or whether the listed shelters are operational. However, Sheriff OES and the
American Red Cross do meet regularly so this could be a topic of discussion.
Emergency Plans for a Catastrophic Earthquake in Contra Costa
County
When a catastrophic earthquake occurs, many dwellings, homes and apartment
units, will be damaged or destroyed. There will be an urgent need to shelter and
August 1, 2017 Contra Costa County Board of Supervisors Minutes 704
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 6
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
feed displaced residents. For this reason, local agencies need to understand what
resources the American Red Cross can provide to assist these residents.
During an emergency, the American Red Cross, at the direction of the Incident
Commander or Unified Command under the National Incident Management System,
will operate those shelters on the NSS list that have been determined to be safe to
occupy. As described above, the American Red Cross has non-binding memoranda
of understanding with the owners of each potential shelter concerning the building’s
use during an emergency
In Contra Costa County, the American Red Cross trains EHSD staff on shelter
operations. Emergency plans call for EHSD to send employees to assist with these
operations. However, EHSD does not currently have access to the NSS. To
operate smoothly, EHSD needs access to NSS shelter locations in Contra Costa
County and needs to work with the American Red Cross to keep the list up-to-date;
ensuring that shelters are available if the need arises.
Additionally, to effectively open and manage mass care and shelters with the
American Red Cross, the Sheriff and EHSD must coordinate their response. The
Sheriff and EHSD do not have a standard procedure for identifying and establishing
emergency shelters. To deliver a coordinated response, the Sheriff and EHSD must
operate from the same plan. A standard written procedure is needed for the Sheriff
and EHSD to follow in establishing shelters for the impacted population.
FINDINGS
F1. The Bay Area Earthquake Plan of July 6, 2016, establishes operational
planning and preparation criteria for each Bay Area county.
F2. The Sheriff OES is charged with planning and coordinating the County’s
response to a disaster.
F3. Sheriff OES Catastrophic Mass Care and Shelter Plan and other earthquake
operational planning and preparation plans, dated 2010, do not meet the
2016 Bay Area Earthquake Plan requirements.
F4. EHSD is responsible for executing the Mass Care and Shelter Plan and
coordinating with the American Red Cross to operate emergency shelters.
F5. EHSD 2016 Emergency Management Plan differs from the Sheriff OES 2010
Mass Care and Shelter Plan.
F6. EHSD 2016 Emergency Management Plan does not meet the 2016 Bay Area
Earthquake Plan requirements.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 705
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 7
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
F7. EHSD does not have the resources to continually work with the Sheriff OES
to coordinate, plan and keep updated the Mass Care and Shelter Plan.
F8. Sheriff OES does not have the resources to update all the operational
planning and preparation plans as required by the 2016 Bay Area Earthquake
Plan.
F9. Sheriff OES has no written procedures concerning selection, inspection and
opening an emergency shelter.
F10. Sheriff OES has no standard training program that covers how emergency
shelters are selected, inspected, and opened.
F11. The Sheriff OES recognizes the American Red Cross makes non-binding pre-
arrangements for shelters and lists the shelters on the FEMA sponsored
database, National Shelter System (NSS).
F12. Responsibility for determining whether a shelter is habitable and safe to use
rests with the local jurisdiction or Sheriff OES.
F13. Sheriff OES can view, but not edit, data in the NSS.
F14. EHSD does not have access to the NSS.
F15. Sheriff OES does not receive regularly scheduled reviews and updates of
shelter sites in NSS from American Red Cross.
F16. Sheriff OES has not received a NSS based shelter report from the American
Red Cross since 2008.
F17. EHSD does not receive regularly scheduled reviews and updates of shelter
sites in NSS from ARC.
F18. EHSD has not received a NSS based shelter report from the American Red
Cross since 2008.
RECOMMENDATIONS
R1. Sheriff OES should consider creating a schedule for updating the Bay Area
Earthquake Plan operational annexes by the end of 2017.
R2. The Board of Supervisors should consider identifying funds by July 1, 2018,
to permit Sheriff OES and EHSD to coordinate and complete the Mass Care
and Shelter Plan according to the schedule submitted by the Sheriff OES.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 706
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 8
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
R3. Sheriff OES should consider developing a written Mass Care and Shelter
protocol by July 1, 2018, that covers selection, inspection, and opening a
shelter, and identifying funds to do so.
R4. Sheriff OES should consider including shelter selection, inspection and
preparation when it establishes the Emergency Operations Center for a
simulated disaster as part of disaster exercises.
R5. EHSD should consider access to view the NSS list by the end of 2017.
R6. Sheriff OES should consider providing training to EHSD on how to use the
NSS system after EHSD is granted access to view the NSS list,
R7. EHSD should consider periodic reviews of the currency of the data and make
update recommendations and corrections to the American Red Cross after
EHSD is granted access to view the NSS list.
R8. Sheriff OES and American Red Cross should consider inviting EHSD to their
regular meetings regarding earthquake planning and review of associated
policies.
R9. Sheriff OES should consider reviewing its plans to coordinate local
jurisdictions, EHSD and the American Red Cross during an emergency, and
develop procedures and provide training where deficiencies are identified.
REQUIRED RESPONSES
Findings Recommendations
Contra Costa County Board of Supervisors F1 to F3, F5, F8 to
13, F15, F16
R1, R3, R4, R6, R8, R9
The Office of the Sheriff F1, F4 to F7, F14,
F17, F18
R2, R5, R7, R8, R9
These responses must be provided in the format and by the date set forth in the cover
letter that accompanies this report. An electronic copy of these responses in the form of
a Word document should be sent by e-mail to ctadmin@contracosta.courts.ca.gov and
a hard (paper) copy should be sent to:
Civil Grand Jury – Foreperson
725 Court Street
P.O. Box 431
Martinez, CA 94553-0091
August 1, 2017 Contra Costa County Board of Supervisors Minutes 707
Contra Costa County 2016-2017 Grand Jury Report 1702 Page 9
Grand Jury Reports are posted at http://www.cc-courts.org/grandjury
APPENDIX
List of Organizations and Acronyms:
• Contra Costa County Office of the Sheriff
• Contra Costa County Office of the Sheriff, Office of Emergency Services (Sheriff
OES)
• Country Costa County Employment and Human Service Department (EHSD)
• Federal Emergency Management Agency (FEMA)
• Department of Homeland Security
• Department of Homeland Security Bay Area Urban Area Security Initiative (Bay
Area UASI)
• United State Geological Survey (USGS)
• American Red Cross
• Contra Costa County Board of Supervisors (Board of Supervisors)
• National Shelter System (NSS)
August 1, 2017 Contra Costa County Board of Supervisors Minutes 708
RECOMMENDATION(S):
Approve the list of providers recommended by Contra Costa Health Plan's Medical Director on June 16 and 28, 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.
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 CCHP provider’s credentials file. Approval of this list of providers as recommended
by the CCHP Medical Director will enable the Contra Costa Health Plan 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: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Tasha Scott, Marcy Wilhelm, Heather Wong
C. 85
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:August 1, 2017
Contra
Costa
County
Subject:Approve New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network
August 1, 2017 Contra Costa County Board of Supervisors Minutes 709
ATTACHMENTS
Attachment
August 1, 2017 Contra Costa County Board of Supervisors Minutes 710
Contra Costa Health Plan
Providers Approved by Medical Director
June 16, 2017
CREDENTIALING PROVIDERS JUNE 2017
Name Specialty
Fogelson, Julia, ASW Mental Health Services
Shand, Katherine, MFT Mental Health Services
Providers Approved by Medical Director
June 28, 2017
CREDENTIALING PROVIDERS JUNE 2017
Name Specialty
Ahlas, Andreas, M.D. Primary Care
Internal Medicine
Ankunding, Julia, M.D. Anesthesiology
Barua, Upama, M.D. Primary Care
Internal Medicine
Brown, Cecilia, PA Primary Care
Family Medicine
Chabria, Khushboo, BCBA Behavior Analysis
Chadalawada, Sudha, M.D. Primary Care
Family Medicine
Corley, Kristyn, BCBA Behavior Analysis
Covarrubias, Maria del Carmen, BCBA Behavior Analysis
Downing, Beverly, BCBA Behavior Analysis
Freitas, Rachel, NP Primary Care
Family Medicine
Friedman, Rachel, NP Primary Care
Family Medicine
Gandhi, Reshma, M.D. Primary Care
Family Medicine
Garg, Anuja, M.D. Primary Care
Internal Medicine
Gillespie, Faye, BCBA Behavior Analysis
Glenn, David, M.D. Anesthesiology
Hadley, John, M.D. Pulmonary Disease
Kallem, Priyanka, M.D. Primary Care
Family Medicine
Khabagnote, Farrah, Psy.D. Mental Health Services
Khan, Qiratulanne, DO Primary Care
Family Medicine
Koerner, Benjamin, LCSW Mental Health Services
Kraft, Charles, Ed.D. Mental Health Services
Kurthausen-Bon, Nicole, OT Occupational Therapy
August 1, 2017 Contra Costa County Board of Supervisors Minutes 711
Contra Costa Health Plan
Providers Approved by Medical Director
June 16 and 28, 2017
Page 2 of 4
CREDENTIALING PROVIDERS JUNE 2017
Name Specialty
Kwok-Oleksy, Christina, DPM Podiatry
Laiblin, Megan, Psy.D. Mental Health Services
Lay, Cho Cho, M.D. Primary Care
Family Medicine
Leach, Tamara, BCBA Behavior Analysis
Liuska, Cynthia, MFT Mental Health Services
Madsen, Mette, BCBA Behavior Analysis
Martin, Sean, M.D. Surgery - General
McGuinness, Brian, M.D. Surgery - Colon & Rectal
Mehra, Soniya, M.D. Primary Care
Pediatrician
Miller, Deborah, M.D. Primary Care
Pediatrician
Moody, Dawnell, DO Primary Care
Pediatrician
Moreno, Jason, BCBA Behavior Analysis
Munjal, Gunjan, M.D. Primary Care
Internal Medicine
Ngadon, Tenzin, NP Primary Care
Family Medicine
Perumal, Deepa, M.D. Primary Care
Family Medicine
Ritterman, Jeffrey, M.D. Primary Care
Internal Medicine
Rostai, Aklil, PA Primary Care
Family Medicine
Salehomoum, Negar, M.D. Surgery - Colon & Rectal
Sanchez, Jennifer, PhD Mental Health Services
Shrestha, Swechha, NP Primary Care
Family Medicine
Smeester, Daniel, M.D. Addiction Medicine
Southwood, Jessica, M.D. Otolaryngology
Tostenson, Lisa, NP Primary Care
Internal Medicine
Ubhayakar, Kiran, M.D. Pulmonary Disease
Woolard, Jillian, BCBA Behavior Analysis
Wright, Lisa, NP Primary Care
Family Medicine
Zafer, Sadaf, M.D. Primary Care
Family Medicine
August 1, 2017 Contra Costa County Board of Supervisors Minutes 712
Contra Costa Health Plan
Providers Approved by Medical Director
June 16 and 28, 2017
Page 3 of 4
CREDENTIALING ORGANIZATIONAL PROVIDERS
JUNE 2017
Provider Name
Provide the Following
Services
Location
Amavi Home Health & Hospice Care
Services, Inc.
Home Health/Hospice Brentwood
Premier Healthcare Services, LLC
dba: Premier Healthcare Services
Home Health Concord
RECREDENTIALING PROVIDERS JUNE 2017
Name Specialty
Bharadwaj, Amitabh, M.D. Ophthalmology
Brand, David, PA Mid-Level – Orthopaedic Surgery
Assistant
Castro, Laura, Psy.D. Mental Health Services
Chang, Michael, DO Physical Medicine & Rehabilitation
Coufal, Christopher, M.D. Surgery – Orthopaedic
Davis, Laura M, NP Mid-Level –
Orthopaedic Surgery Assistant
Davis, Sally, M.D. Cardiology
Kang, Eugenia, M.D. Surgery – General
Kou, Joseph, M.D. Surgery – Foot &
Ankle
Lange, Douglas, M.D. Surgery – Orthopaedic
McNeil, Sarah, M.D. Family Planning
Merson, John, M.D. Surgery – Orthopaedic
Moorthy, Murali, M.D. Surgery – Foot & Ankle
Mozelsio, Nancy, M.D. Allergy & Immunology
Pryde, Julie, PA Mid-level – Orthopaedic Surgery
Assistant
Qureshi, Abid A., M.D. Surgery – Orthopaedic
Runyon, Theresa, NP Mid-Level –
Nephrology
Saba, Donna, NP Mid-Level – Medical
Oncology Assistant
Schilling, John., M.D. Surgery – Orthopaedic
Sekhon, Roobal, DO Psychiatry
Sheppard, Barry, M.D. Surgery – Thoracic Cardiovascular
Taft, Wesley, M.D. Primary Care Pediatrician
Teicher, Stacey, NP Mid-Level – Medical
Oncology Assistant
August 1, 2017 Contra Costa County Board of Supervisors Minutes 713
Contra Costa Health Plan
Providers Approved by Medical Director
June 16 and 28, 2017
Page 4 of 4
RECREDENTIALING PROVIDERS JUNE 2017
Name Specialty
Tischenko, George, M.D. Surgery – Orthopaedic
Tung, Chiu, M.D. Anesthesiology
Wiseman, Craig, M.D. Surgery – Orthopaedic
Wyzkowski, Richard, M.D. Surgery – Orthopaedic
Hand and Upper
Extremity
Yan, Min, M.D. Hematology/
Oncology
RECREDENTIALING ORGANIZATIONAL PROVIDERS
JUNE 2017
Provider Name
Provide the Following
Services
Location
Bay Area Laser Surgery Center Outpatient Surgery Pinole
Fresenius Medical Care Diablo
Nephrology Clinics, LLC
dba: Fresenius Medical Care -
Diablo West Antioch
Dialysis Antioch
Premier Healthcare Services, LLC
dba: Premier Healthcare Services
Home Health Sacramento
Bopl-June 28, 2017
August 1, 2017 Contra Costa County Board of Supervisors Minutes 714
RECOMMENDATION(S):
1. APPROVE response to Civil Grand Jury Report No. 1711, "Alamo Parks Planning and Development", and
2. DIRECT the Clerk of the Board to forward the response to the Superior Court immediately following Board action.
FISCAL IMPACT:
No fiscal impact. This is an informational report.
BACKGROUND:
On June 15, 2017 the 2016/17 Civil Grand Jury filed the above-referenced report regarding Alamo Parks Planning
and Development.
The Report was referred to the County Administrator by the Board of Supervisors on July 11, 2017 for response. The
County Administrator and the District II Supervisor have prepared a response for consideration by the Board of
Supervisors, which clearly specifies:
Whether a finding or recommendation is accepted or will be implemented;
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 86
To:Board of Supervisors
From:Candace Andersen, District II Supervisor
Date:August 1, 2017
Contra
Costa
County
Subject:RESPONSE TO CIVIL GRAND JURY REPORT NO. 1711, "Alamo Parks Planning and Development"
August 1, 2017 Contra Costa County Board of Supervisors Minutes 715
BACKGROUND: (CONT'D)
If a recommendation is accepted, a statement as to who will be responsible for implementation and by what
definite target date;
A delineation of the constraints if a recommendation is accepted but cannot be implemented within a six-month
period; and
The reason for not accepting or adopting a finding or recommendation.
CONSEQUENCE OF NEGATIVE ACTION:
In order to comply with statutory requirements, the Board of Supervisors must provide a response to the Superior
Court within ninety days of submission of the report.
CHILDREN'S IMPACT STATEMENT:
No impact.
ATTACHMENTS
Grand Jury Report No. 1711 "Alamo Parks Planning and Development"
Response to Grand Jury Report No. 1711
August 1, 2017 Contra Costa County Board of Supervisors Minutes 716
Page 1 of 6
CONTRA COSTA COUNTY CIVIL GRAND JURY REPORT NO. 1711
"Alamo Parks Planning and Development”
BOARD OF SUPERVISORS’ RESPONSE
FINDINGS – California Penal Code Section 933.5(a) requires a response to the designated
findings of the Grand Jury.
F1. There is no comprehensive long-term plan for the use of Alamo CSA R7
funds.
Response: Disagree. The Alamo Municipal Advisory Council (MAC) has carefully
considered and planned for the use of this money and made recommendations to the
Board of Supervisors accordingly.
Each quarter, the County Service Area (CSA) R-7 budget is reviewed with the Alamo
MAC and the Special Districts division of the County Public Works Department. On an
annual basis, a budget plan for maintenance and upkeep of existing parks is
prepared by the Special Districts division of the Public Works Department and
presented to the Alamo MAC. Ultimately, the annual budget plan is incorporated into
the County Recommended Budget for consideration and approval by the Board of
Supervisors.
Given the recent level of CSA R-7 funding committed to park construction and capital
improvements, future revenue will only be sufficient to fund ongoing maintenance of
existing park facilities and to sponsor future recreation activities. There currently is
no need for any greater detailed long-term plan.
F2. The residents living around Livorna Park were instrumental in the park's
creation.
Response: Partially Disagree. Most homes surrounding Livorna Park did not exist
at the time of its development. The Alamo residents who were instrumental in the
creation of Livorna Park were the members of the CSA R-7. The members had been
looking for land to purchase to create a community park in Alamo. As part of the
development of the Alamo Estates subdivision, the developer donated the land,
which ultimately became Livorna Park. Subsequently, the park was developed using
CSA R-7 funding for the benefit of all Alamo residents. Had the Park only been
created for the benefit of residents within the Alamo Estates subdivision, CSA R-7
funds would not have been utilized. Rather, an alternative governance model, such
as a Homeowner’s Association, would have been tasked with the oversight and
funding of ongoing maintenance.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 717
Page 2 of 6
F3. At the inception of Livorna Park, its design, size, amenities and parking
facilities were all in accordance with the County's General Plan and
designed to limit the activities at that park.
Response: Partially Disagree. The original design of Livorna Park included a sport
court, gazebo, large playground and sand volleyball court, which was developed in
consultation with the CSA R-7 Committee and then existing neighbors. Several
community meetings were held to discuss the development and design of the Park.
Ultimately, the size of the Park was the primary factor limiting recreational activities.
F4. Livorna Park is currently being used in a manner that exceeds its original
purpose and use.
Response: Disagree. Livorna Park was designed as a community park. Although
smaller than other community parks operated by the County, the parcel of land
donated by the developer was the largest piece of land that became a feasible
alternative to a community park. The amenities currently offered in the park have
been available since its inception, with the exception of the bocce ball courts, which
replaced the original volleyball court. Additionally, the original playground equipment
has been upgraded. Summer concerts have been held at the park since 1998.
F5. The events held at Livorna Park have increased in size and frequency since
its inception.
Response: Partially Agree. The first large-scale, community activities and concerts
were authorized in 1998. While we do not keep strict attendance counts, it is likely
that attendance has increased at these community events consistent with the growth
of the Alamo community. The Alamo MAC has been responsive to the concerns of
neighbors and has requested that amplifiers be turned lower during concerts and
that concerts end before dark. The Alamo MAC also agreed that during the month of
August there would be no CSA R-7 sponsored community events in the Park.
F6. The events held at Livorna Park are not consistent with that of a quiet
neighborhood park.
Response: Partially Disagree. There is no general plan designation defining a
“quiet neighborhood park.” There is no prohibition from having a community concert
or movie at a County park the size of Livorna Park. Although the General Plan
defines a neighborhood park as being between 3-7 acres, or 6-8 acres with a
playground, from its inception this park was never intended to be for the exclusive
use of the neighbors immediately surrounding the park, but for the entire Alamo
community. The seven Alamo MAC/CSA R-7 sponsored community events that take
place each year do not create an undue burden on neighbors. The events have been
very positively received by the community and very few complaints have been
received historically.
F7. The County General Plan indicates that a 4.4-acre park, the size of Livorna
Park, should only have trees, grass, shrubs, benches, tables and walks.
Amenities suitable for much larger parks have been added over the years.
Response: Disagree. While the General Plan may include that advisory guideline,
from its inception, Livorna Park was developed with the majority of the current
August 1, 2017 Contra Costa County Board of Supervisors Minutes 718
Page 3 of 6
amenities in place today. The exceptions would be those amenities previously
discussed in the response to F4 above, including replacement of a more active and
noise producing amenity (the sand Volleyball Court) for a quieter, more passive use
amenity (Bocce Ball).
F8. The MAC has recommended changes and activities that run contrary to
Livorna Park's initial purpose.
Response: Disagree. Livorna Park was not built to only serve residents of the Alamo
Estates subdivision. Rather, its initial purpose was to serve as a gathering place for
all Alamo residents. All Alamo property owners paid for the development of the park
and continue to pay for its maintenance through CSA R-7.
F9. The MAC has not sufficiently considered the impact of recommended
changes and activities to Livorna Park on the residents of the surrounding
neighborhood.
Response: Disagree. All Alamo MAC decisions regarding the use of CSA R-7 money
are made at a publicly noticed meeting in full compliance with the Ralph M. Brown
Act. Contrary to the attached report, Alamo MAC meeting agendas are posted
downtown at Andrew H. Young Park, at Livorna Park, online on the County’s website
(both on the homepages of Supervisor Andersen and the County Public Works
Department), and notice is emailed to anyone who requests receipt of the meeting
agendas. More recently, Alamo MAC agendas are being posted on the social media
site, Nextdoor.com. The Alamo MAC has afforded an opportunity to neighbors to
provide input into all capital improvement decisions impacting Livorna Park since
inception.
F10. A sign at the Miranda Avenue entrance to Livorna Park was changed to
increase park hours to 10 pm without consulting with the neighbors.
Response: Agree. County Public Works staff changed the signs to be consistent with
County Ordinance Code § 1110-2.802, which covers all County owned parks and
prohibits anyone from being in a County park between 10 pm and 6 am.
F11. Hap Magee Park is larger than Livorna Park and has more parking.
Response: Agree. Although Hap Magee Park is larger than Livorna Park, there are a
wide variety of amenities already in place, including a house, two cottages, a barn, a
large children’s playground and splash area, two dog parks, a labyrinth, and a
community garden. In addition, ownership of Hap Magee Park is shared with the
Town of Danville and activities are limited pursuant to a Joint Exercise of Powers
Agreement.
F12. The Alamo MAC moved building bocce courts forward at Livorna Park
without fully addressing residents' concerns or obtaining strong community
support.
Response: Disagree. The Alamo MAC obtained community support for building
bocce ball courts by conducting a survey mailed to every property owner in Alamo.
The survey results were printed in the town’s monthly newspaper, Alamo Today,
which enjoyed wide readership in Alamo at the time. Property owners answering the
survey expressed a strong preference for bocce ball courts as a needed amenity for
August 1, 2017 Contra Costa County Board of Supervisors Minutes 719
Page 4 of 6
Alamo parks. The assertion that this survey was flawed is false and the only “out of
town voters” in this survey were property owners in Alamo, who ultimately pay taxes
supporting Alamo parks.
All discussion of the creation of bocce ball courts at Livorna Park was held in publicly
noticed Alamo MAC meetings, held in full compliance with the Ralph M. Brown Act.
Several community members did attend the meetings and participate in the
discussions. For example, decisions such as whether or not to light the courts for
evening play were made in response to community input received at the meetings.
F13. The MAC does not adequately solicit input from Alamo residents to
determine the needs of the community prior to recommending actions to the
BOS.
Response: Disagree. The Alamo MAC makes every effort possible to encourage
Alamo residents to attend MAC meetings and participate. Alamo MAC meeting
agendas are posted downtown at Andrew H. Young Park, at Livorna Park, online on
the County’s website (both on Supervisor Andersen’s Alamo webpage and the County
Public Works department’s Alamo Parks and Recreation webpage), and notice is
emailed to anyone requesting receipt of meeting agendas. More recently, Alamo MAC
agendas are being posted on the social media site, Nextdoor.com.
Alamo MAC meetings are held on the first Tuesday of each month at the Alamo
Women’s Club, which has sufficient capacity for community members to attend and
provide input. Meeting attendance varies depending upon the topic. When it is
anticipated that community interest could exceed the meeting capacity of the Alamo
Women’s Club, meetings are typically moved to local elementary school multipurpose
rooms to accommodate the larger groups.
F14. The MAC widely and actively promotes concerts, movies and other events at
Livorna Park.
Response: Partially Disagree. While initially there was widespread distribution of
Livorna Park event schedules in surrounding communities (such as Danville and
Walnut Creek), publicity has been scaled back once it was determined that event
capacity was being reached each year. Publicity for these events appeared in the
recently discontinued Alamo Today (local publication), and continue to be advertised
in Supervisor Andersen’s newsletter and through postings at the local parks.
RECOMMENDATIONS - California Penal Code Section 933.05(b) requires a response to the
designated recommendations of the Grand Jury.
R1. The Board of Supervisors should consider developing a written, long-term
plan for the CSA R7 funds.
Response: The recommendation has been implemented. Each quarter, a report
is provided to the Alamo MAC by the Special Districts division of the Public Works
Department regarding the maintenance and upkeep of existing parks. Similarly, on
an annual basis, a budget plan for maintenance and upkeep of existing parks is
prepared by the Special Districts division of the Public Works Department and
presented to the Alamo MAC. Ultimately, the annual budget plan is incorporated into
August 1, 2017 Contra Costa County Board of Supervisors Minutes 720
Page 5 of 6
the County Recommended Budget for consideration and approval by the Board of
Supervisors. Given the fact that future CSA R-7 funds will be committed to the
maintenance and upkeep of existing facilities and recreational activities, there
currently is no need for any greater detailed long-term plan.
R2. The Board of Supervisors should consider instructing the MAC to use some
of its CSA R7 funds to perform a survey of residents to ensure that long
term plans for Alamo parks reflect the needs and concerns of the
community.
Response: This recommendation will not be implemented because it is not
warranted or is not reasonable. There will not be sufficient funds for the
establishment of new parks and current CSA R-7 funding has been programmed for
the maintenance and upkeep of existing parks and to sponsor recreation activities.
However, in the future, should a park bond or grant (for example, the East Bay
Regional Park District Measure WW) make park funding available to Alamo, the
Alamo MAC will seek public input on how to best spend those funds and make a
recommendation to the Board of Supervisors
R3. Prior to funding any park projects, the Board of Supervisors should consider
ensuring that improvements or land purchases are in accordance with the
proposed long-term CSA R7 plan and the County's General Plan.
Response: The recommendation has been implemented. Prior to the purchase
or development of a park or capital improvements in an existing park, County Public
Works staff reviews the project for consistency with the County’s General Plan.
R4. The Board of Supervisors should consider replacing the new sign at the
Miranda Avenue entrance of Livorna Park to match the other existing sign,
which indicates park hours from sunrise to sunset.
Response: The recommendation will not be implemented because it is not
warranted or is not reasonable. Signage around Livorna Park has already been
replaced to be consistent with County Ordinance Code § 1110-2.802 and other
County parks and which prohibits park use between 10 pm and 6 am.
R5. The Board of Supervisors should consider directing the MAC to hold large
events at Hap Magee Park, rather than Livorna Park.
Response: The recommendation will not be implemented because it is not
warranted or is not reasonable. Hap Magee park is operated jointly by the Town
of Danville and Contra Costa County under a Joint Exercise of Powers Agreement.
The Board of Supervisors and/or the MAC cannot unilaterally decide to hold any
events, including concerts, at Hap Magee Ranch Park. The Town of Danville has the
right to approve or veto any concerts or events and has stated that they would not
agree to any large-scale, community events at this park. Further, in the Hap Magee
Ranch Park Master Plan, approved in May 1988 by the Joint Planning & Operation
Committee, Danville Parks and Leisure Services Commission, and the County Service
Area R7A Advisory Committee. It states "General use of the park at night should be
prohibited."
August 1, 2017 Contra Costa County Board of Supervisors Minutes 721
Page 6 of 6
R6. To ensure that the MAC's recommendations are supported by the
community, the Board of Supervisors should consider instructing the MAC to
provide a history of community outreach efforts and feedback to support
their recommendations.
Response: The recommendation has been implemented. Each year, the Alamo
MAC files an annual report with the Board of Supervisors describing its activities,
pursuant to the Better Government Ordinance. Alamo MAC meeting agendas are
posted downtown at Andrew H. Young Park, at Livorna Park, online on the County’s
website (both on Supervisor Andersen’s Alamo webpage and the County Public
Works department’s Alamo Parks and Recreation webpage), and notice is emailed to
anyone requesting receipt of meeting agendas. More recently, Alamo MAC agendas
are being posted on the social media site, Nextdoor.com. Further, Supervisor
Andersen’s office provides staff support to the Alamo MAC, and, accordingly, the
Supervisor’s office is aware of the community input received on all recommendations
forwarded by the Alamo MAC.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 722
August 1, 2017Contra Costa County Board of Supervisors Minutes723
August 1, 2017Contra Costa County Board of Supervisors Minutes724
August 1, 2017Contra Costa County Board of Supervisors Minutes725
August 1, 2017Contra Costa County Board of Supervisors Minutes726
August 1, 2017Contra Costa County Board of Supervisors Minutes727
August 1, 2017Contra Costa County Board of Supervisors Minutes728
August 1, 2017Contra Costa County Board of Supervisors Minutes729
August 1, 2017Contra Costa County Board of Supervisors Minutes730
August 1, 2017Contra Costa County Board of Supervisors Minutes731
August 1, 2017Contra Costa County Board of Supervisors Minutes732
RECOMMENDATION(S):
AUTHORIZE the County Administrator to seek legislation to modify the Health and Safety Code to change the
Board of Directors for the West Contra Costa Healthcare District from an elected board of directors to a board of
directors that is appointed by the Board of Supervisors.
FISCAL IMPACT:
The costs of seeking legislation are minimal. Because the West Contra Costa Healthcare District will remain a
distinct legal entity, separate from the County, all costs pertaining to the West Contra Costa Healthcare District’s
governance will be paid from its funds.
BACKGROUND:
The West Contra Costa Healthcare District (the “District”) filed for chapter 9 bankruptcy on October 20, 2016.
Through the bankruptcy, the District is seeking the bankruptcy court’s approval of a plan that will allow the District
to modify its debts and on-going costs so that it may emerge from bankruptcy. After the District emerges from
bankruptcy, which is estimated to occur by the end of 2017, it will begin the process of repaying creditors. Certain
payments under the proposed plan will be made over a series of years. For example, the District’s obligations related
to certain bonds will not be retired until approximately 2042.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/01/2017 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 Hooley (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: August 1, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: Robert Campbell, Auditor-Controller
C. 87
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 1, 2017
Contra
Costa
County
Subject:Authorization to seek legislation to change the West Contra Healthcare District’s board of directors from an elected
board to an appointed board
August 1, 2017 Contra Costa County Board of Supervisors Minutes 733
BACKGROUND: (CONT'D)
>
The District is governed by a board of directors that is elected pursuant to Health and Safety Code sections 32100 et
seq. The cost that the District incurs in paying for these elections can be substantial. For instance, in 2014, the cost of
the election for the District’s board of directors was $108,000.
To minimize the District’s operating costs under the plan, the District would like to change from an elected board of
directors to a board of directors that is appointed by the Board of Supervisors. To assist the District emerge from
bankruptcy, the County Administrator recommends seeking legislation that would support such a change. The
legislation could be draft to permit one or more members of the Board of Supervisors sit as on the District’s Board of
Directors.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve this recommendation, then the District will have more difficulty
emerging from bankruptcy.
August 1, 2017 Contra Costa County Board of Supervisors Minutes 734