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HomeMy WebLinkAboutMINUTES - 01192016 - Completed Min PktCALENDAR 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 CANDACE ANDERSEN, CHAIR, 2ND DISTRICT MARY N. PIEPHO, VICE CHAIR, 3RD DISTRICT JOHN GIOIA, 1ST DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH 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 January 19, 2016                  9:00 A.M. Convene, Call to Order and Opening Ceremonies Inspirational Thought- "Peace is not merely a distant goal that we seek, but a means by which we arrive at that goal." ~ Dr. Martin Luther King, Jr. Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Absent: Mary N. Piepho, District III Supervisor Staff Present:David Twa, County Administrator CONSIDER CONSENT ITEMS (Items listed as C.1 through C.63 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION recognizing members of the Workforce Development Board for their outstanding volunteer service to County Costa County. (Stephen Baiter, Workforce Development Board of Contra Costa County)    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) PR.2 PRESENTATION of report on the potential Super Bowl 50 impacts on the Contra Costa County Airports. (Keith Freitas, Director of Airports)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover January 2016 Annotated Official Minutes 1 Other: District III Supervisor Mary N. Piepho (ABSENT) DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed from consent.   D. 2 PUBLIC COMMENT (3 Minutes/Speaker)    Andrew O'Bryan, SEIU 2015 and John Roe, SEIU 2015 spoke on the necessity of the care provided by In-Home Support Services providers, and the need for benefits and a wage increase; Greg Feere, Contra Costa Building Trades Council spoke on the poor performance of the Associated Builders and Contractors (ABC) apprenticeship training programs. He noted that the Golden Gate Chapter of the ABC has no training programs in Contra Costa County, and a nearly non-existent number of graduates among women and african-americans. Mr. Feere provided handouts on this matter (attached).   D.3 CONSIDER adopting the FY 2016/17 Recommended Budget development schedule. (David Twa, County Administrator)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) D. 4 CONSIDER reports of Board members.    There were no items reported today.   Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: David Twa and Bruce Heid. Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, Local1021; 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 Empl. Int’l Union United Health Care Workers West; 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. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: County Counsel    There were no reports out of Closed Session.   11:00 a.m. January 2016 Annotated Official Minutes 2   ** Contra Costa County 38th Annual Dr. Martin Luther King, Jr. Commemoration and Humanitarian of the Year Awards Ceremony.       Humanitarian of the Year awarded to Terri Porter. Student Humanitarian of the Year awarded to Davis Bullock.   ADJOURN IN MEMORY OF GEORGE D. CARROLL, FORMER MAYOR OF RICHMOND AND RETIRED CONTRA COSTA COUNTY SUPERIOR COURT JUDGE   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE the Walnut Boulevard Bike Lane Gap Closure Project and related actions under the California Environmental Quality Act; and, AUTHORIZE the Public Works Director, or designee, to advertise the project, Brentwood area. (60% Transportation Development Act Grant Funds, 40% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 2 APPROVE the San Pablo Dam Road Sidewalk Gap Closure Project and related actions under the California Environmental Quality Act; and, AUTHORIZE the Public Works Director, or designee, to advertise the project, El Sobrante area. (11% Transportation Development Act Grant Funds, 68% Highway Safety Improvement Program Funds, 21% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 3 APPROVE the Blackhawk Road Bikeway Project and related actions under the California Environmental Quality Act; and, AUTHORIZE the Public Works Director, or designee, to advertise the project, Blackhawk area. (27% Transportation Development Act Grant Funds and 73% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Engineering Services   C. 4 ADOPT Resolution No. 2016/22 approving the second extension of Road Improvement Agreement RA04-01180, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT)   January 2016 Annotated Official Minutes 3 C. 5 ADOPT Resolution No. 2016/25 approving the second extension of Road Improvement Agreement RA04-01183, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 6 ADOPT Resolution No. 2016/26 approving the second extension of Road Improvement Agreement RA04-01184, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 7 ADOPT Resolution No. 2016/27 approving the second extension of Road Improvement Agreement RA07-01238, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 8 ADOPT Resolution No. 2016/28 approving the second extension of Road Improvement Agreement RA07-01239, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 9 ADOPT Resolution No. 2016/23 approving the second extension of Road Improvement Agreement RA04-01181, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 10 ADOPT Resolution No. 2016/18 approving the second extension of Drainage Improvement Agreement DG04-00051, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 11 ADOPT Resolution No. 2016/29 approving the second extension of Subdivision Agreement for subdivision SD80-06013, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover January 2016 Annotated Official Minutes 4 Other: District III Supervisor Mary N. Piepho (ABSENT) C. 12 ADOPT Resolution No. 2016/19 approving the second extension of Road Improvement Agreement RA04-01179, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 13 ADOPT Resolution No. 2016/24 approving the second extension of Road Improvement Agreement RA04-01182, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Special Districts & County Airports   C. 14 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute, on behalf of the County, a lease amendment modifying the lease between the County, as Lessor, and Excelsior J D CO, LLC, as Tenant, for the lease of property located at 2301 Meridian Park Boulevard. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 15 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Charles Luther for a Shade-hangar at Buchanan Field Airport effective January 7, 2016 in the monthly amount of $177.07. (100% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Geologic Hazard Abatement Districts   C. 16 DENY claim submitted by Bronco Don Holdings, LLC, and its members against the Blackhawk Geologic Hazard Abatement District (GHAD) for $118,728 seeking alleged damage to the claimant's building at 3800 Blackhawk Road, as recommended by the GHAD Attorney and General Manager.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 17 ACCEPT Petition for Annexation for the Podva Property Development to the Wiedemann Ranch Geologic Hazard Abatement District (“GHAD”), as recommended by the GHAD Attorney and General Manager.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor January 2016 Annotated Official Minutes 5  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Claims, Collections & Litigation   C. 18 DENY claims filed by State Farm Insurance on behalf of Evelyn Aguilar, Juana Godinez, Michael Kitterman, et al., and Licia Parsons Waita.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Statutory Actions   C. 19 ACCEPT Board members' meeting reports for December 2015.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Honors & Proclamations   C. 20 ADOPT Resolution No. 2016/38 recognizing Andy and Wendy Scheck selected as Lafayette's 2016 "Marquis" Business Persons of the Year, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 21 ADOPT Resolution No. 2016/42 recognizing members of the Workforce Development Board for their outstanding volunteer service to County Costa County, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Hearing Dates   C. 22 RECEIVE the 2015-2016 property tax administrative cost recovery report of the Auditor-Controller, FIX March 1, 2016 at 9:30 a.m. for a public hearing on the determination of property tax administrative costs, and DIRECT the Clerk of the Board to notify affected local jurisdictions of the public hearing and to prepare and publish the required legal notice and make supporting documentation available for public inspection, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) January 2016 Annotated Official Minutes 6 Appointments and Resignations   C. 23 ACCEPT the resignation of Belinda Lucey, DECLARE a vacancy of the District II Alternate Seat on the First 5 Contra Costa Children and Families Commission effective immediately, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Appropriation Adjustments   C. 24 Community Corrections Performance Incentives Fund (0477)/Probation Programs (0308): APPROVE Appropriations and Revenue Adjustment No. 5036 authorizing new revenue in the amount of $318,299 in Community Corrections Performance Incentives Fund (0477) from the State of California and appropriating it for the provision of services for the adult felony probation population and authorizing new revenue in the amount of $318,299 in Probation Programs (0308) and appropriate it for the addition of staff in the adult probation division. (100% State) (Consider with C.29)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 25 Health Services (0463): APPROVE Appropriation and Revenue Adjustment No. 5038 authorizing the transfer of $110,000 from the Behavioral Health Homeless Program fund to the General Services fund for the purchase of one (1) Ford Escape Flex Fuel, one (1) Ford CMAX Hybrid, one (1) Ford Fusion Hybrid and one (1) Ford Transit Connect Van to expand services within the Homeless Housing and Shelter program. (100% Albertoni Grant Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 26 Probation Programs(0308)/Probation Facilities (0309): APPROVE Appropriations Adjustments No.5039 authorizing the transfer of appropriations in the amount of $161,628 from the Probation Programs (0308) to Probation Facilities (0309). (Cost neutral) (Consider with C.28)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Personnel Actions   C. 27 ADOPT Position Adjustment Resolution No. 21803 to add one Institutional Supervisor I (represented) position and cancel one Deputy Probation Officer III (represented) position in the Probation Department. (100% General Fund) (Consider with C.27)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 28 ADOPT Position Adjustment Resolution No. 21802 to add two Deputy Probation Officer III    January 2016 Annotated Official Minutes 7 C. 28 ADOPT Position Adjustment Resolution No. 21802 to add two Deputy Probation Officer III (represented) positions, add one (1) Probation Supervisor I (represented) position and add one Clerk Specialist (represented) position in the Probation Department. (100% Senate Bill 678 State Revenue) (Consider with C.25)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 29 ADOPT Position Adjustment Resolution No. 21816 to add one Deputy County Counsel - Standard - Exempt (unrepresented) position in the Office of the County Counsel. (Interdepartmental Charges)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 30 APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute an amendment to the Employment Agreement between the County and David J. Twa, County Administrator, dated July 1, 2013, to authorize a 5% step increase effective January 1, 2016, and a 5% step increase effective January 1, 2017, and to increase the deferred compensation benefit by $1,000; and APPROVE the addition of two, five-percent steps to the top of the County Administrator salary range.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 31 ADOPT Resolution No. 2016/44, approving the side letter between Contra Costa County and Probation Peace Officers of Contra Costa County to revise Subsection E of Section 43 - Special Benefits of the Memorandum of Understanding regarding professional development, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 32 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture, to pay the County an amount not to exceed $100 to enforce California seed marketing and labeling requirements for the period July 1, 2015 through June 30, 2016. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 33 APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to execute a contract amendment with the California Department of Education to increase the payment limit by $600,469 to new limit of $9,123,236 to provide State Preschool services, with no change to term July 1, 2015 through June 30, 2016. (No County match)    January 2016 Annotated Official Minutes 8    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 34 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract, including mutual indemnification language, with the City of Richmond on behalf of its Fire Department, in an amount not to exceed $782,907 to maintain a Hazardous Materials Response Unit, Hazardous Materials Emergency Vehicle and provide specialized training for the period July 1, 2015 through June 30, 2017. (100% AB 2185 fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Hyland Software, Inc., in an amount not to exceed $6,000 to provide computer software consulting and technical assistance on the On-base software upgrades and modules for County’s Health Services Department, for the period December 1, 2015 through November 30, 2016. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 36 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jackson & Coker Locum Tenens, LLC, in an amount not to exceed $200,000 to provide temporary help physicians at Contra Costa Regional Medical and Health Centers and the County’s Main Detention Facility for the period January 1 through December 31, 2016. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 37 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with PhamaTech, Inc., in an amount not to exceed $360,000 to provide child welfare mandated drug testing services for the period January 1, 2016 through June 30, 2017. (30% County; 70% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 38 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with STAND! For Families Free of Violence, in an amount not to exceed $101,955 to provide services for the Encourage Arrest Policies and Enforcement of Protection Orders Project for the period January 1, 2016 through December 31, 2016. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover January 2016 Annotated Official Minutes 9 Other: District III Supervisor Mary N. Piepho (ABSENT) C. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sodexo America, LLC, in an amount not to exceed $399,448, to provide management and oversight of the Environmental Services Unit at Contra Costa Regional Medical and Health Centers, for the period from January 1, 2016 through December 31, 2016. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 40 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Clerk-Recorder, a purchase order with Inclusion Solutions in an amount not to exceed $485,054 for acquisition of 550 Franklin voting booth units for use in the County’s 287 polling places in the June 2016 Primary and subsequent elections. (100% Federal funds, reimbursable by the State under the provisions of Section 301 of the Help America Vote Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Hugo E. Altamirano, Inc., in an amount not to exceed $545,000, to provide anesthesiology services at Contra Costa Regional Medical and Health Centers, for the period February 1, 2016 through January 31, 2017. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Laura Hans, M.D., in an amount not to exceed $290,000, to provide pediatric services at Contra Costa Regional Medical and Health Centers, for the period November 1, 2015 through October 31, 2016. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 43 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order amendment with Beckman Coulter, Inc., to add $150,000 for a new total of $500,000 for reagents, controls and supplies for the Clinical Laboratory at the Contra Costa Regional Medical Center, with no change in the original term of April 4, 2012 through March 31, 2017. (100% Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 44 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment to Purchase Order with Beckman Coulter Inc., to add $265,000 for a new total of $1,215,000 for reagents and supplies to perform chemistry testing and monthly meter billing in the laboratory at the Contra Costa Regional Medical Center, with no change in original term of January 1, 2015 to December 31, 2015. (100% Enterprise Fund I)      January 2016 Annotated Official Minutes 10  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 45 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Stryker Orthopedic Inc., in the amount of $1,550,000, for implants and supplies for Contra Costa Regional Medical Center, for the period January 1, 2016 through December 31, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 46 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Arthrex Inc., in the amount of $350,000 for instruments, implants and supplies for the Contra Costa Regional Medical Center, for the period February 1, 2016 through January 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 47 APPROVE and AUTHORIZE the Health Services Director, or his designee, to execute a contract with Rubicon Programs Incorporated, in an amount not to exceed $110,000, to provide mental health services for CalWORKs clients, for the period from July 1, 2015 through June 30, 2016, and includes a six-month automatic extension through December 31, 2016, in an amount not to exceed $55,000. (100% CalWORKs)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 48 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department to execute a purchase order with Beckman Coulter, Inc., in the amount of $500,000 for reagents and supplies to perform chemistry testing on the Access 2 Immunoassay and Unicel DXI800 for the clinical laboratory at the Contra Costa Regional Medical Center, for the period January 1, 2016 through December 31, 2016. (100% Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 49 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Industrial Employers and Distributor's Association, effective March 1, 2016, to extend the term from February 29, 2016 to February 28, 2017 and increase the payment limit by $22,588 to a new payment limit of $45,176, to continue providing In-Home Supportive Services Authority negotiations and support services. (100% IHSS funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    January 2016 Annotated Official Minutes 11 C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anka Behavioral Health, Incorporated, in an amount not to exceed $1,117,822, to provide mental health outreach services for the homeless mentally ill for the period July 1, 2015 through June 30, 2016, with a six-month automatic extension through December 31, 2016, in an amount not to exceed $558,911. (36% by Medi-Cal, 51% by Substance Abuse and Mental Health Services Administration, and 13% Project for Assistance in Transition from Homelessness Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 51 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Sheriff-Coroner, a purchase order with Buchanan Food Service in the amount of $165,000 to provide bread loaves, rolls and all related bakery items as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1 through December 31, 2016. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 52 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with Little Angels Country School, LLC, in an amount not to exceed $201,647, to provide State Preschool and Head Start program services for the period July 1, 2015 through June 30, 2016. (81% State, 19% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Other Actions   C. 53 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 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 IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 54 ADOPT Resolution No. 2016/31 authorizing the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $23 million to provide financing for the costs of acquisition and construction of Riviera Family Apartments, a 58-unit residential rental housing development located at 1515 and 1738 Riviera Avenue (APN Nos. 174-150-076, 174-140-019, 174-140-025) in the City of Walnut Creek, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 55 ADOPT Resolution No. 2016/33 authorizing the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $30 million to provide financing for the costs of acquisition and construction of Tabora Gardens, an 85-unit residential rental housing development located at the Southeast Corner of James Donlon Boulevard and Tabora Drive (APN 072-011-062) in the City of Antioch, California, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)    January 2016 Annotated Official Minutes 12    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 56 ADOPT Resolution No. 2016/34 authorizing the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $22 million to provide financing for the costs of acquisition and rehabilitation of Virginia Lane Apartments, a 91-unit residential rental housing development located at 1121 and 1140 Virginia Lane (APN Nos. 128-210-051-8 and 128-290-066-09) in the City of Concord, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 57 APPROVE and AUTHORIZE the County Auditor-Controller to issue a refund of overpayment of documentary transfer tax in the amount of $303.60 to SPL Express, Inc., as recommended by the Clerk-Recorder. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 58 ADOPT Resolution No. 2016/39 delegating to the Assessor, or designee, the authority to approve claims for refund related to the property tax exemption for the home of a disabled veteran or an unmarried spouse of a deceased disabled veteran; DIRECT the Auditor-Controller to pay refunds approved by the Assessor in accordance with Revenue and Taxation Code sections 5101 and 5151. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 59 ACCEPT the Alcohol and Other Drugs Advisory Board 2015 Annual Report, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 60 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner (1) a purchase order with Dell Inc., for a three year term, in an amount not to exceed $918,915 to purchase Microsoft Office 365 software, hosting, and support services for the Office of the Sheriff, and (2) a Microsoft Enterprise Enrollment agreement with Microsoft Corporation for the Office of the Sheriff to receive Microsoft Office 365 software, hosting, and support services for the period for the period January 1, 2016 through December 31, 2018. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 61 APPROVE the change of the name of the Contra Costa Inter-jurisdictional Council on Homelessness to the Contra Costa Council on Homelessness, APPROVE new by-laws and new appointment terms, DECLARE eight seats vacant, ADD four seats, DELETE two seats, and RENAME ten seats, as recommended by the Council and the Health Services Director.      January 2016 Annotated Official Minutes 13    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) C. 62 ACCEPT and APPROVE Head Start Policy Council Bylaws for the Community Services Bureau, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT) Successor Agency to the Contra Costa County Redevelopment Agency   C. 63 Acting as the Governing Board to the Successor Agency of the Contra Costa County Redevelopment Agency, ADOPT Resolution No. 2016/32 approving an administrative budget and the Recognized Obligation Payment Schedule for the period July 1, 2016 through June 30, 2017, and ADOPT related California Environmental Quality Act findings, as recommended by the Conservation and Development Director. (100% Redevelopment Property Tax Trust Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District III Supervisor Mary N. Piepho (ABSENT)   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, January 2016 Annotated Official Minutes 14 Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets quarterly on the fourth Monday of the month at 12:30 p.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Federal D. Glover and John Gioia) meets on the second Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors John Gioia and Federal Glover) To be determined The Internal Operations Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Mary N. Piepho) meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee See above Finance Committee See above Hiring Outreach Oversight Committee See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee See above 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 January 2016 Annotated Official Minutes 15 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 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 January 2016 Annotated Official Minutes 16 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 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 January 2016 Annotated Official Minutes 17 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 January 2016 Annotated Official Minutes 18 RECOMMENDATION(S): ACCEPT the Potential Super Bowl 50 Impacts on the Contra Costa County Airports report. FISCAL IMPACT: There is no negative impact on the General Fund. BACKGROUND: Presentation by Keith Freitas, Director of Airports for Contra Costa County, regarding the potential impacts of Super Bowl 50 on the Contra Costa County airports (Buchanan Field and Byron) as requested by Supervisor District IV. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: PR.2 To:Board of Supervisors From:Keith Freitas, Airports Director Date:January 19, 2016 Contra Costa County Subject:Potential Super Bowl 50 Impacts on the Contra Costa County Airports (District III and IV) January 2016 Annotated Official Minutes 19 CONSEQUENCE OF NEGATIVE ACTION: n/a ATTACHMENTS Super Bowl 50 PowerPoint Presentation January 2016 Annotated Official Minutes 20 Super Bowl “50” February 7, 2016 Anticipated Impact on the Bay Area Airports January 2016 Annotated Official Minutes 21 Bay Area Airports and Airspace January 2016 Annotated Official Minutes 22 Arrival & Departure Procedures for Bay Area Airports •The FAA expects around 1,200 aircraft to come into the Bay Area for the event •Flight slot reservations will be required for all flights from Thursday, February 4th through Monday, February 8th at the following airports: Napa County Reid-Hillview of Santa Clara County Buchanan Field Stockton Metropolitan Hollister Municipal San Francisco International Hayward Executive Norman Y. Mineta San Jose International Livermore Municipal Salinas Municipal Monterey Regional San Carlos Metropolitan Oakland International Charles M. Schulz – Sonoma County Palo Alto Watsonville Municipal January 2016 Annotated Official Minutes 23 FAA Allotted Arrival & Departure Slots for Buchanan Field Airport •Arrival Phase (2/4/2016 to 2/7/2016 at 4:59 pm): 4 Arrival Slots per Hour Departure slots are not assigned during this time and are open to all •Departure Phase (2/7/2016 at 5:00 pm to 2/8/2016 at 6:00 pm): 3 Arrival Slots per Hour 10 Departure Slots per Hour •In accordance with FAA grant assurances, the airports must remain open and available for users Important Note: Increased noise complaints are likely during the Departure Phase January 2016 Annotated Official Minutes 24 Community Outreach •Sending notification of event (Notice) to the newspapers through County Public Information Officer •Sending Notice to Claycord •Sending Notice to the various cities and neighborhoods near each airport •A Notice will be placed on the County Public Works -Airports Division website •A Notice will be sent to the individuals who have complained about other Airport special events January 2016 Annotated Official Minutes 25 Security & Safety Enhancements •Increase Airport staffing at both airports •Sheriff will increase patrols at both airports •Exploring additional security measures January 2016 Annotated Official Minutes 26 Any Questions? January 2016 Annotated Official Minutes 27 RECOMMENDATION(S): DECLARE the Board's intent to adopt a FY 2016/17 General Fund budget that balances annual expenses and revenues; 1. ACKNOWLEDGE that the State of California and residents throughout the State continue to struggle to manage the outcomes of the recently depressed economy; 2. ACKNOWLEDGE that significant economic issues continue to challenge the Board of Supervisors in its effort to finance services and programs which Contra Costa County residents need, or expect will be provided to them by the County, especially in a time of slow economic recovery; 3. ACKNOWLEDGE that, in addition to the effects on the provision of services for residents, these State and local economic issues have challenged the maintenance of the Board of Supervisors' reserve policy; 4. ACKNOWLEDGE that restoration of the County’s reserve funds, maintaining an improved credit rating, and maintenance of the County's physical assets remain a priority of the Board of Supervisors over the long term; 5. RE-AFFIRM the Board of Supervisors’ policy prohibiting the use of County General Purpose Revenue to back-fill State revenue cuts; 6. DIRECT Department Heads to work closely with the County Administrator to develop a Recommended Budget for consideration of the Board of Supervisors that balances expenses with revenues, minimizes net County cost and maintains core service levels; 7. ACKNOWLEDGE that the 2016-2017 assessment roll will be prepared using an inflation factor of 1.01525 rather than the 1.02 factor that had been the norm; 8. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, All County Departments (via County Administration) D.3 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:FY 2016/17 Recommended Budget Development January 2016 Annotated Official Minutes 28 RECOMMENDATION(S): (CONT'D) > ACKNOWLEDGE that the employees of Contra Costa County have already been negatively affected as a result of the requirement to balance the County’s expenses with available revenues; 9. ACKNOWLEDGE that this situation is expected to improve for County employees, as we work to manage and cope with the outcomes of slow economic recovery; 10. DIRECT the County Administrator to continue to meet with the County’s union representatives and employees to explain the size, scope and anticipated length of the County’s fiscal challenges and to gain their input/suggestions; 11. DIRECT the County Administrator to continue to make this information readily available to the residents of the County; 12. DIRECT Departments, in cooperation with Labor Relations and Union representatives, to begin, if necessary, the meet and confer process with employee representatives about the impact of potential program reductions on the terms and conditions of employment for affected employees; 13. DIRECT the County Administrator to return to the Board of Supervisors on April 19, 2016 with a FY 2016/2017 Recommended Budget that meets the above requirements; 14. DESIGNATE Tuesday, April 19, 2016 for FY 2016/2017 budget hearings (including Bielenson Hearings, if needed) and Tuesday, May 10, 2016 for the adoption of the FY 2016/17 County and Special District Budgets; and 15. DIRECT the Clerk of the Board to publish notice of the budget hearings and the availability of the Recommended Budget documents. 16. FISCAL IMPACT: None at this time. However, the result of the recommendations herein, if implemented, are designed to maintain the County's fiscal stability in FY2016/2017 and improve it in subsequent years. BACKGROUND: The actions recommended in this documentation direct the County Administrator to return to the Board on April 19, 2016 with a Recommended Budget that balances expenses with revenues for FY 2016/17. This action aligns with both the Budget and Reserve Policy of the Board of Supervisors. Continued labor negotiation as well as the expiration of additional labor contracts with many County employee groups, as well as State actions to manage its budget will be taking place in the same time-frame as development of the Recommended Budget. The outcomes of all these events have the potential for significant impacts on the County’s financial situation. Recommended Budget Development The County will continue to face challenges to create a balanced budget in the coming fiscal year. Although the County Administrator continues to believe that there will be growth in local property tax, other general purpose and program revenues used to fund the baseline cost of services into FY 2016/17 are expected to recovery very slowly. Significant wage concessions were negotiated for the majority of County employees through the 2012/13 fiscal year. Negotiations recently completed and currently underway with the majority of our bargaining groups are expected to include modest wage increases. These increases combined with pension and healthcare increases will challenge the County’s fiscal health. The County has sustained most of the structural reductions that balanced the County budgets so that significant one-time solutions are no longer required. It is imperative that the County achieve contract settlements in alignment with projected revenue growth; otherwise, compensation costs will create a potential gap for FY 2016/17, which must be filled to achieve a balanced budget. There are always factors over which the County has little or no control (such as federal and State budgets shortfalls, economic changes, and demographics) that will affect the size of the baseline budget and ultimately the County’s budget challenge. While 'part one of the Fiscal Cliff' has been avoided, the Federal government still must resolve significant budget issues. January 2016 Annotated Official Minutes 29 The majority of the County's general purpose revenues are generated through property taxes. Revenue and Taxation Code section 51 provides that base year values determined under section 110.1 shall be compounded annually by an inflation factor not to exceed 2 percent. Section 51(a)(1)(C) provides that, for any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index (CCPI) for all items, as determined by the California Department of Industrial Relations. Information from the Department of Industrial Relations shows that the CCPI increased from 247.481 in October 2014 to 251.255 in October 2015. Rounded to the nearest one-thousandth of 1 percent, this is an increase of 1.525 percent. Accordingly, we will prepare our 2016 assessment roll using an inflation factor of 1.01525. As per the norm, Department Heads will be expected to work closely with the County Administrator to design a balanced budget that restricts the growth in net County cost while minimizing service delivery cuts. Wherever possible, categorical/program revenues will be increased to offset the increased cost of doing business. Restrictions on increases in net County cost needed to balance the budget may result in the loss of federal and State program revenues, and this added loss may cause program reductions. Meet and Confer Departmental budget requests are due to the County Administrator’s Office on February 12. At that time Department Heads will know which, if any, positions may be affected by reductions necessary to balance the budget. Departments, in cooperation with Labor Relations, will if necessary, begin the meet and confer process with employee representatives regarding the impact of potential program reductions on the terms and conditions of employment for affected employees. Early planning will allow Departments a reasonable period of time to meet and confer, and permit them to implement all budgetary required actions prior to July 1, 2016. As with the last ten fiscal years, this progress will allow the County to adopt a budget that is balanced from the first day of the new fiscal year. Public Notice The County Budget Act requires that the Board of Supervisors publish a notice in a newspaper of general circulation throughout the county, stating when budget documents will be available and the date of Budget Hearings. The FY 2016/17 Budget document will be available to the public on April 8, 2016. Conclusion The County Administrator will return to the Board on April 19 with a FY 2016/17 Recommended Budget that meets the requirements listed above. Tuesday, April 19 will be reserved for FY 2016/17 budget hearings including Bielenson hearings if needed. Additionally, it is recommended that the County Administrator return to the Board of Supervisors on Tuesday, May 10 for adoption of the FY 2016/17 County and Special District Budgets, including any changes the Board makes on April 19. CONSEQUENCE OF NEGATIVE ACTION: Delayed processing of the FY 2016/17 budget and potential impact on the fiscal stability of the County and Special Districts. January 2016 Annotated Official Minutes 30 RECOMMENDATION(S): Contra Costa County 38th Annual Dr. Martin Luther King, Jr. Commemoration and Humanitarian of the Year Awards Ceremony. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: 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: January 19, 2016 , County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: ** To: From: Date:January 19, 2016 Contra Costa County Subject: January 2016 Annotated Official Minutes 31 CLERK'S ADDENDUM Humanitarian of the Year awarded to Terri Porter. Student Humanitarian of the Year awarded to Davis Bullock. AGENDA ATTACHMENTS MLK Celebration Poster MINUTES ATTACHMENTS MLK Brochure January 2016 Annotated Official Minutes 32 DR. MARTIN LUTHER KING, JR. Commemoration And Humanitarian of the Year Awards • Tuesday, January 19, 2016 • 11:00AM 651 Pine Street, Martinez CA CONTRA COSTA COUNTY BOARD OF SUPERVISORS 38TH ANNUAL January 2016 Annotated Official Minutes 33 January 2016Annotated Official Minutes34 January 2016Annotated Official Minutes35 January 2016Annotated Official Minutes36 January 2016Annotated Official Minutes37 RECOMMENDATION(S): APPROVE the Blackhawk Road Bikeway Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, Blackhawk area. Project No.: 0676-6P1025, DCD-CP#15-48 (District 3); DETERMINE the project is a California Environmental Quality Act (CEQA), Class 1c Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines; and AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. ADOPT Resolution No. 2016/37 to approve and authorize the Public Works Director, or designee, to submit a 2016/2017 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000 for fiscal year 2016/2017 for the Blackhawk Road Bikeway Project. FISCAL IMPACT: This project will be funded by approximately 27% Transportation Development Act Grant Funds and 73% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Mary Halle 925-313-2327 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: January 19, 2016 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:January 19, 2016 Contra Costa County Subject:APPROVE the Blackhawk Road Bikeway Project and related actions under the California Environmental Quality Act January 2016 Annotated Official Minutes 38 BACKGROUND: The purpose of this project is to improve bicyclist safety by providing bicycle lanes and related improvements over 3.6 miles of Blackhawk Road, providing an additional mode of transportation for commuting or recreation. There are no existing bicycle facilities along Blackhawk Road between Mt. Diablo Scenic Boulevard and Camino Tassajara. Blackhawk Road is the main access point for students who attend The Athenian School. This project would provide bicycle access for students and local residents to ride their bikes on Blackhawk Road for transportation or recreational purposes. In addition, the project would provide bicycle access for residents making trips to the shopping mall near Camino Tassajara and Blackhawk Road. There are also bus stops along the project limits, which mean this project will provide multi-modal connections for residents as well. The project consists of striping Class II bicycle lanes on Blackhawk Road from San Andreas Drive to Blackhawk Plaza Circle within the existing roadway. Current lane widths, which are at or greater than the standard width of 12 feet, will need to be narrowed to accommodate the new Class II bicycle lanes. Existing striping will be removed and new striping will be installed between San Andreas Drive and Blackhawk Plaza Circle. This project will also place sharrow markings for Class III bike routes from San Andreas Drive to Mt. Diablo Scenic Boulevard and from Blackhawk Plaza Circle to Camino Tassajara, due to lack of existing roadway width for Class II bicycle lanes. Sign posts will be added along the entire length of the project area to designate the type of bikeway available. The project may include either a road surface treatment prior to restriping traffic lanes or existing striping will be removed and new striping will be installed. There will be no changes to existing drainage or utilities and no rights-of-way or easements will be needed as the project will stay entirely within the existing pavement. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. One lane will be open for traffic during construction activities. Emergency vehicles will have access at all times. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. AGENDA ATTACHMENTS Resolution No. 2016/37 Attachment A Attachment B CEQA Blackhawk Road Bikeway CEQA 1 MINUTES ATTACHMENTS Signed Resolution No. 2016/37 January 2016 Annotated Official Minutes 39 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/37 In the matter of APPROVING and AUTHORIZING the Public Works Director or designee to submit a 2016/2017 Transportation Development Act Grant application to the Metropolitan Transportation Comission in the total amount of $100,00 for the Blackhawk Road Bikeway Project. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the COUNTY OF CONTRA COSTA desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the COUNTY OF CONTRA COSTA declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the COUNTY OF CONTRA COSTA to carry out the project; and furthermore, be it RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of COUNTY OF CONTRA COSTA; and furthermore, be it RESOLVED, that the COUNTY OF CONTRA COSTA attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of CONTRA COSTA COUNTY for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Mary Halle 925-313-2327 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy 4 1 January 2016 Annotated Official Minutes 40 By: Stacey M. Boyd, Deputy cc: January 2016 Annotated Official Minutes 41 January 2016Annotated Official Minutes42 October 2014 Model resolution for TDA Article 3 County Administrators Page 1 Resolution No. 2016/37 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2016/2017 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the COUNTY OF CONTRA COSTA is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the County of Contra Costa legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the COUNTY OF CONTRA COSTA has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the COUNTY OF CONTRA COSTA within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the COUNTY OF CONTRA COSTA agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. January 2016 Annotated Official Minutes 43 October 2014 TDA Article 3 Model Resolution for Claimants Page 1 Resolution No. 2016/37 Attachment B page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2016/2017 Applicant: Contra Costa County Public Works Contact person: Mary Halle Mailing Address: 255 Glacier Drive, Martinez, CA 94553 E-Mail Address: mary.halle@pw.cccounty.us Telephone: 925-313-2327 Secondary Contact (in event primary not available) Tianjun Cao E-Mail Address: tcao@pw.cccounty.us Telephone: 925-313-2110 Short Title Description of Project: Blackhawk Road Bikeway Project Amount of claim: $100,000 Functional Description of Project: Stripe Class 2 bicycle lanes on Blackhawk Road from San Andreas Drive to Camino Tassajara within existing roadway. Current lane widths will need to be narrowed to accommodate the new Class 2 bicycle lanes. Sign Class 3 bicycle markings from San Andreas Drive to Mt. Diablo Scenic Boulevard. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Construction Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000 list all other sources: 1. Local Gas Tax $65,000 $209,000 $274,000 2. 3. 4. Totals $165,000 $209,000 $374,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). Anticipated on January 19, 2016 NOT YET B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC:_______12/7/2015_________________________ YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). Pending F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) June 2017 YES G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES \\pw-data\grpdata\transeng\GRANTS\TDA\TDA 16-17\Blackhawk Rd Bicycle Project\Board Documents\Blackhawk Rd TDA Attachment B Application Resolution.docx January 2016 Annotated Official Minutes 44 January 2016 Annotated Official Minutes 45 January 2016 Annotated Official Minutes 46 January 2016Annotated Official Minutes47 January 2016Annotated Official Minutes48 January 2016 Annotated Official Minutes 49 January 2016 Annotated Official Minutes 50 January 2016 Annotated Official Minutes 51 January 2016 Annotated Official Minutes 52 January 2016 Annotated Official Minutes 53 January 2016 Annotated Official Minutes 54 January 2016 Annotated Official Minutes 55 January 2016 Annotated Official Minutes 56 January 2016 Annotated Official Minutes 57 January 2016 Annotated Official Minutes 58 January 2016 Annotated Official Minutes 59 January 2016 Annotated Official Minutes 60 January 2016 Annotated Official Minutes 61 \\pw-data\grpdata\engsvc\ENVIRO\TransEng\TDA Projects\2 - Blackhawk Road Bikeway Project\NOE.doc Form Revised: December 2014 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title: Blackhawk Road Bikeway Project, WO# 1025 & CP# 15-48 Project Applicant: Contra Costa County Public Works Department Project Location – Specific: Along Blackhawk Road between Mt. Diablo Scenic Boulevard and Camino Tassajara Project Location: Unincorporated Community of Blackhawk Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: The purpose of this project is to improve bicyclist safety by providing bicycle lanes and related improvements over 3.6 miles of Blackhawk Road, providing an additional mode of transportation for commuting or recreation. There are no existing bicycle facilities along Blackhawk Road between Mt. Diablo Scenic Boulevard and Camino Tassajara. Blackhawk Road is the main access point for students who attend The Athenian School. This project would provide bicycle access for students and local residents to ride their bikes on Blackhawk Road for transportation or recreational purposes. In addition, the project would provide bicycle access for residents making trips to the shopping mall near Camino Tassajara and Blackhawk Road. There are also bus stops along the project limits, which mean this project will provide multi- modal connections for residents as well. The project consists of striping Class II bicycle lanes on Blackhawk Road from San Andreas Drive to Blackhawk Plaza Circle within the existing roadway. Current lane widths will be narrowed where necessary to accommodate the new Class II bicycle lanes, but will remain at least 11 feet wide. Existing striping will be removed and new striping will be installed between San Andreas Drive to Blackhawk Plaza Circle. This project will also place “sharrow” markings for Class III bike routes from Mt. Diablo Scenic Boulevard to San Andreas Drive and from Blackhawk Plaza Circle to Camino Tassajara, due to lack of existing roadway width for Class II bicycle lanes. Sign posts will be added along the entire length of the project area to designate the type of bikeway available. The project may include a road surface treatment prior to restriping traffic lanes. There will be no changes to existing drainage or utilities and no rights- of-way or easements will be needed as the project will stay entirely within the existing pavement. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. One lane will be open for traffic during construction activities. Emergency vehicles will have access at all times. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: Class 1(c) Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Code No.: Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability [Article 5, Section 15061 (b)(3)] Reasons why project is exempt: The project consists of minor alteration of existing public facilities, involving negligible expansion of use beyond that previously existing; pursuant to section 15301(c) of the CEQA guidelines. The project will not result in the removal of any scenic resource. Lead Agency Contact Person: Alex Nattkemper - Public Works Dept. Area Code/Telephone/Extension: (925) 313-2364 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,070.00 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,210.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Alex Nattkemper County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2364 January 2016 Annotated Official Minutes 62 Contra Costa County G:\transeng\GRANTS\TDA\TDA 16-17\Blackhawk Rd Bicycle Project\Board Documents\CEQA Placeholder.docx Form updated: December 2014 PROJECT NUMBER: WO # 1025 CP# 15-48 PROJECT NAME: Blackhawk Road Bikeway Project PREPARED BY: Alex Nattkemper DATE: January 6, 2016 APPROVED BY: DATE: RECOMMENDATIONS: Categorical Exemption [Class 1(c)] Negative Declaration Environmental Impact Report Required Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The project consists of minor alteration of existing public facilities, involving negligible expansion of use beyond that previously existing, pursuant to section 15301(c) of the CEQA guidelines. The project will not result in the removal of any scenic resource. What changes to the project would mitigate the identified impacts: N/A USGS Quad Sheet: Diablo Base Map Sheet #: S-17, S-18, T-18, U-18 Parcel #: N/A GENERAL CONSIDERATIONS: 1. Location: The project is located in southern Contra Costa County in the unincorporated community of Blackhawk [Figures 1-15]. 2. Project Description: The purpose of this project is to improve bicyclist safety by providing bicycle lanes and related improvements over 3.6 miles of Blackhawk Road, providing an additional mode of transportation for commuting or recreation. There are no existing bicycle facilities along Blackhawk Road between Mt. Diablo Scenic Boulevard and Camino Tassajara. Blackhawk Road is the main access point for students who attend The Athenian School. This project would provide bicycle access for students and local residents to ride their bikes on Blackhawk Road for transportation or recreational purposes. In addition, the project would provide bicycle access for residents making trips to the shopping mall near Camino Tassajara and Blackhawk Road. There are also bus stops along the project limits, which mean this project will provide multi-modal connections for residents as well. The project consists of striping Class II bicycle lanes on Blackhawk Road from San Andreas Drive to Camino Tassajara within the existing roadway. Current lane widths , which are at or greater than the standard width of 12 feet, will need to be narrowed from Blackhawk Drive to Camino Tassajara to accommodate the new Class II bicycle lanes. Existing striping will be removed and new striping will be installed between Blackhawk Drive and Camino Tassajara. This project will also place sharrow markings for Class III bike routes from San Andreas Drive to Mt. Diablo Scenic Boulevard and from Blackhawk Plaza Circle to Camino Tassajara, due to lack of existing roadway width for Class II bicycle lanes . Sign posts will be added along the entire length of the project area to designate the type of bike lane available. The project may include either a road surface treatment prior to restriping traffic lanes or existing striping will be removed and new striping will be installed. There will be no changes to existing drainage or utilities and no rights-of-way or easements will be needed as the project will stay entirely within the existing pavement. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. One lane will be open for traffic during construction activities. Emergency vehicles will have access at all times. 3. Does it appear that any feature of the project will generate significant public concern? Yes No maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? Yes No 5. Is the project within the Sphere of Influence of any city? No PUBLIC WORKS DEPARTMENT INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE January 2016 Annotated Official Minutes 63 RECOMMENDATION(S): APPROVE the San Pablo Dam Road Sidewalk Gap Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, El Sobrante area. DCD CP 15-51. DETERMINE the project is a California Environmental Quality Act (CEQA), Class 1c Categorical Exemption, pursuant to Section 15301(c) of the CEQA Guidelines; and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk; and AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. ADOPT Resolution No. 2016/36 to approve and authorize the Public works Director, or designee, to submit a 2016/2017 Transportation Development ACT (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Mary Halle 925-313-2327 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:APPROVE the San Pablo Dam Road Sidewalk Gap Project and related actions under the California Environmental Quality Act January 2016 Annotated Official Minutes 64 FISCAL IMPACT: This project will be funded using approximately 11% Transportation Development Act Grant Funds, 68% Highway Safety Improvement Project (HSIP) Grant Funds and 21% Local Road Funds. BACKGROUND: The purpose of this project is to improve pedestrian access and safety on San Pablo Dam Road between Appian Way and Clark Road. San Pablo Dam Road is a principal arterial that runs through the heart of El Sobrante. The proposed project will connect El Sobrante residents with the downtown commercial area, bus stops, the nearby El Sobrante Library, and the Boys and Girls Club. Currently, pedestrian infrastructure east of Appian Way has multiple gaps which force pedestrians to walk in the parking lane or to cross the street midblock in order to use sidewalks on the opposite side of the street. This project will provide sidewalk in four gaps for a total of 1420 feet, resulting in an uninterrupted sidewalk throughout. Construction includes removing non-native trees before constructing curb, gutter, and sidewalk. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. AGENDA ATTACHMENTS Resolution No. 2016/36 Attachment A Attachment B CEQA San Pablo Dam Road Sidewalk CEQA 2 MINUTES ATTACHMENTS Signed Resolution No. 2016/36 January 2016 Annotated Official Minutes 65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/36 In the matter of APPROVING and AUTHORIZING the Public Works Director or designee to submit a 2016/17 Transportation Development Act Grant application to the Metropolitan Transportation Commission in the total amount of $100,000 for the San Pablo Dam Road Sidewalk Gap Project. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the COUNTY OF CONTRA COSTA desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the COUNTY OF CONTRA COSTA desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the COUNTY OF CONTRA COSTA declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the COUNTY OF CONTRA COSTA to carry out the project; and furthermore, be it RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of COUNTY OF CONTRA COSTA.; and furthermore, be it RESOLVED, that the COUNTY OF CONTRA COSTA attests to the accuracy of and approves the statements in Attachment A January 2016 Annotated Official Minutes 66 to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of CONTRA COSTA COUNTY for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Mary Halle 925-313-2327 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: January 2016 Annotated Official Minutes 67 January 2016Annotated Official Minutes68 January 2016Annotated Official Minutes69 October 2014 Model resolution for TDA Article 3 County Administrators Page 1 Resolution No. 2016/36 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2016/17 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the COUNTY OF CONTRA COSTA is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the COUNTY OF CONTRA COSTA legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the COUNTY OF CONTRA COSTA has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the COUNTY OF CONTRA COSTA within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the COUNTY OF CONTRA COSTA agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. G:\transeng\GRANTS\TDA\TDA 16-17\San Pablo Dam Road\Board docs\TDA Attachment A.docx January 2016 Annotated Official Minutes 70 October 2014 TDA Article 3 Model Resolution for Claimants Page 1 Resolution No. 2016/36 Attachment B Page 1 OF 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2016/17 Applicant: Contra Costa County Contact person: Mary Halle Mailing Address: 255 Glacier Dr. Martinez, CA 94553 E-Mail Address: mary.halle@pw.cccounty.us Telephone: 925-313-2327 Secondary Contact (in event primary not available): Trevor McGuire E-Mail Address: trevor.mcguire@pw.cccounty.us Telephone: 925-313-2166 Short Title Description of Project: San Pablo Dam Road Sidewalk Gap Project – East of Appian Way Amount of claim: $100,000 Functional Description of Project: Construct a total of 1420 feet of curb, gutter, and sidewalk over four locations on San Pablo Dam Road between Appian Way and Clark Road to fill gaps in existing sidewalk. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Planning, engineering, construction, contingency Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000 list all other sources: 1. HSIP Grant $613,920 $613,920 2. Local road funds $192,380 $192,380 3. 4. Totals $906,300 $906,300 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). Anticipated Jan 5, 2015 Not yet approved. B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). NA D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: 12/07/2015 Yes E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). Pending F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) November 2018 Yes G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) Yes G:\transeng\GRANTS\TDA\TDA 16-17\San Pablo Dam Road\Board docs\TDA Attachment B.docx January 2016 Annotated Official Minutes 71 October 2014 Model resolution for TDA Article 3 County Administrators Page 1 January 2016 Annotated Official Minutes 72 January 2016 Annotated Official Minutes 73 January 2016Annotated Official Minutes74 January 2016 Annotated Official Minutes 75 January 2016Annotated Official Minutes76 \\pw-data\grpdata\engsvc\ENVIRO\TransEng\TDA Projects\5 - San Pablo Dam Road Sidewalk Project - Appian to Clark\NOE.doc Form Revised: December 2014 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title: San Pablo Dam Road Sidewalk Project – Appian to Clark, WO#1025 & CP#15-51 Project Applicant: Contra Costa County Public Works Department Project Location – Specific: San Pablo Dam Road from Appian Way to Clark Road in El Sobrante Project Location: Unincorporated Community of El Sobrante Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: . The purpose of this project is to improve pedestrian access and safety on a segment of San Pablo Dam Road, which is a principal arterial that runs through the heart of El Sobrante. The proposed project will fill four sidewalk gaps on San Pablo Dam Road from Appian Way to Clark Road, making the area more pedestrian friendly. Gap 1 is located on the south side of San Pablo Dam Road, from 450 feet east of Appian Way to 620 feet east of Appian Way. Gap 1 will include construction of approximately 170 feet of curb, gutter and five foot wide sidewalk, as well as one driveway conform. Non-native vegetation and fencing will be removed to accommodate the proposed sidewalk. Gap 2 is located on the north side of San Pablo Dam Road, from Milton Drive to 230 feet east of Milton Drive. Gap 2 will include construction of approximately 230 feet of curb, gutter, and five foot wide sidewalk, as well as four driveway conforms. Gap 3 is located on the south side of San Pablo Dam Road, from 500 feet west of Clark Road to 300 feet west of Clark Road. Gap 3 will include construction of approximately 200 feet of curb, gutter, and five foot wide sidewalk, as well as two driveway conforms. Gap 4 is located on the north side of San Pablo Dam Road, from 820 feet west of Clark Road to Clark Road. Gap 4 will include construction of approximately 820 feet of curb, gutter, and five foot wide sidewalk, as well as thirteen driveway conforms. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. One lane will be open for traffic in both directions during construction activities. Emergency vehicles will have access at all times. Real property transactions, including right-of-way acquisitions and temporary construction easements from adjacent properties, may be necessary in support of this project. Tree and shrubbery trimming may be necessary throughout the project area and some limited removal of ornamental shrubs and trees may be required. In order to minimize damage to trees, any roots exposed during construction activities will be clean cut. Utility poles, fencing, decorative frontage walls, mailboxes and drainage infrastructure will be removed, relocated or modified to accommodate the proposed sidewalk. On-street parking may be prohibited along short segments of curb in order to avoid removal of fences, walls, or trees. Driveways of fronting property owners will be temporarily closed during construction , but advance warning of the project construction schedule will be provided to property owners. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: Class 1(c) Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Code No.: Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability [Article 5, Section 15061 (b)(3)] Reasons why project is exempt: The project consists of minor alteration of existing public facilities, involving negligible expansion of use beyond that previously existing; pursuant to section 15301(c) of the CEQA guidelines. The project will not result in the removal of any scenic resource. Lead Agency Contact Person: Alex Nattkemper - Public Works Dept. Area Code/Telephone/Extension: (925) 313-2364 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,070.00 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,210.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Alex Nattkemper County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2364 January 2016 Annotated Official Minutes 77 Contra Costa County G:\transeng\GRANTS\TDA\TDA 16-17\San Pablo Dam Road\Board docs\Initial Study (Cat. Ex) (3).docx Form updated: December 2014 PROJECT NUMBER: WO #1025 CP# 15-51 PROJECT NAME: San Pablo Dam Road Sidewalk Project – Appian to Clark PREPARED BY: Alex Nattkemper DATE: January 6, 2016 APPROVED BY: DATE: RECOMMENDATIONS: Categorical Exemption [Class 1(c)] Negative Declaration Environmental Impact Report Required Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The project consists of minor alteration of existing public facilities, involving negligible expansion of use beyond that previously existing pursuant to section 15301(c) of the CEQA guidelines. The project will not result in the removal of any scenic resource. What changes to the project would mitigate the identified impacts: N/A USGS Quad Sheet: Richmond Base Map Sheet #: J-6 Parcel #: N/A GENERAL CONSIDERATIONS: 1. Location: The project is located in west Contra Costa County in the unincorporated community of El Sobrante [Figures 1-3]. 2. Project Description: The purpose of this project is to improve pedestrian access and safety on a segment of San Pablo Dam Road, which is a principal arterial that runs through the heart of El Sobrante. Currently, pedestrian infrastructure on San Pablo Dam Road east of Appian Way has multiple gaps which force pedestrians to walk in the parking lane or to cross the street midblock in order to walk on the opposite side of the street. The proposed project will fill four sidewalk gaps on San Pablo Dam Road from Appian Way to Clark Road, making the area more pedestrian friendly. Gap 1 is located on the south side of San Pablo Dam Road, from 450 feet east of Appian Way to 620 feet east of Appian Way. Gap 1 will include construction of approximately 170 feet of curb, gutter and five foot wide sidewalk, as well as one driveway conform. Non-native vegetation and fencing will be removed to accommodate the proposed sidewalk. Gap 2 is located on the north side of San Pablo Dam Road, from Milton Drive to 230 feet east of Milton Drive. Gap 2 will include construction of approximately 230 feet of curb, gutter, and five foot wide sidewalk, as well as four driveway conforms. Gap 3 is located on the south side of San Pablo Dam Road, from 500 feet west of Clark Road to 300 feet west of Clark Road. Gap 3 will include construction of approximately 200 feet of curb, gutter, and five foot wide sidewalk, as well as two driveway conforms. Gap 4 is located on the north side of San Pablo Dam Road, from 820 feet west of Clark Road to Clark Road. Gap 4 will include construction of approximately 820 feet of curb, gutter, and five foot wide sidewalk, as well as thirteen driveway conforms. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. One lane will be open for traffic in both directions during construction activities. Emergency vehicles will have access at all times. Real property transactions, including right-of-way acquisitions and temporary construction easements from adjacent properties, may be necessary in support of this project. Tree and shrubbery trimming may be necessary throughout the project area and some limited removal of ornamental shrubs and trees may be required. In order to minimize damage to trees, any roots exposed during construction activities will be clean cut. Utility poles, fencing, decorative frontage walls, mailboxes and drainage infrastructure will be removed, relocated or modified to accommodate the proposed sidewalk. On-street parking may be prohibited along short segments of curb in order to avoid removal of fences, walls, or trees. Driveways of fronting property owners will be temporarily closed during construction, but advance warning of the project construction schedule will be provided to property owners. 3. Does it appear that any feature of the project will generate significant public concern? Yes No maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? Yes No 5. Is the project within the Sphere of Influence of any city? City of Richmond PUBLIC WORKS DEPARTMENT INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE January 2016 Annotated Official Minutes 78 RECOMMENDATION(S): APPROVE the Walnut Boulevard Bike Lane Gap Closure Project and Authorize the Public Works Director, or designee, to advertise the project, Brentwood area. CP 15-49 (0676-6P1025) DETERMINE the project is a California Environmental Quality Act (CEQA), Class 1c Categorical Exemption, pursuant to Section 15301(c) of the CEQA Guidelines; and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk; and AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. ADOPT Resolution No. 2016/35 to approve and authorize the Public works Director, or designee, to submit a 2016/2017 Transportation Development ACT (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $150,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Mary Halle 925-313-2327 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:APPROVE the Walnut Boulevard Bike Lane Gap Closure Project and related actions under the California Environmental Quality Act January 2016 Annotated Official Minutes 79 FISCAL IMPACT: This project will be funded by 60% TDA Grant Funds and 40% Local Road Funds. BACKGROUND: The project proposes to widen approximately 1000 feet of Walnut Boulevard for paved shoulder in order to provide Class 2 bike lanes between the intersections of Marsh Creek Road and Vasco Road. The project site is located south of the City of Brentwood and west of the Discovery Bay Area. Approximately 6 feet of pavement widening is proposed on the west side (rather than constructing narrow strips of 3 foot widening on each side of the road) to minimize impacts to existing residential driveways and drainage on the east side. After the widening is completed on the west side of Walnut Boulevard, a slurry seal and re-alignment of the pavement markings will center the travel lanes with the new bike lanes over the widened roadway. Bike lane signing and striping will be installed within the project limits and the existing centerline rumble strips will be replaced. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. AGENDA ATTACHMENTS Resolution No. 2016/35 Attachment A Attachment B CEQA Walnut Boulevard Bike Lane Gap Closure CEQA 2 MINUTES ATTACHMENTS Signed Resolution No. 2016/35 January 2016 Annotated Official Minutes 80 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/35 In the matter of APPROVING and AUTHORIZING the Public Works Director or designee to submit a 2016/2017 Transportation Development Act Grant application to the Metropolitan Transportation Comission in the total amount of $150,000 for the Walnut Boulevard Bike Lane Gap Closure Project. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the COUNTY OF CONTRA COSTA desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; Now, therefore, be it RESOLVED, that the COUNTY OF CONTRA COSTA declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the COUNTY OF CONTRA COSTA to carry out the project; and furthermore, be it RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of COUNTY OF CONTRA COSTA; and furthermore, be it RESOLVED, that the COUNTY OF CONTRA COSTA attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of CONTRA COSTA COUNTY for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Mary Halle 925-313-2327 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy January 2016 Annotated Official Minutes 81 cc: January 2016 Annotated Official Minutes 82 January 2016Annotated Official Minutes83 Resolution No. 2016/35 Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2016/2017Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the County of Contra Costa is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the County of Contra Costa legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the County of Contra Costa has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the County of Contra Costa within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the County of Contra Costa agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. January 2016 Annotated Official Minutes 84 Resolution No. 2016/35 Attachment B TDA Article 3 Project Application Form Fiscal Year of this Claim: 2016/2017 Applicant: Contra Costa County Public Works Department Contact person: Lawrence Leong Mailing Address: 255 Glacier Drive, Martinez, CA 94553 E-Mail Address: lleon@pw.cccounty.us Telephone: 925-313-2026 Secondary Contact (in event primary not available): Mary Halle E-Mail Address: mary.halle@pw.cccounty.us Telephone: 925-313-2327 Short Title Description of Project: Walnut Boulevard Bike Lane Gap Closure Project Amount of claim: $ 250,000 Functional Description of Project: Widen shoulders to provide Class II bike lane in each direction along a narrow 1,000 foot section of Walnut Boulevard between Marsh Creek Road and Vasco Road in order to improve bicyclist safety Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Articl e 3. Project Elements: Engineering & Construction Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $ 150,000 $100,000 $ 250,000 list all other sources: 1. Local Road Funds $ 110,000 $ 60,000 $ 170,000 2. 3. 4. Totals $ 260,000 $ 160,000 $ 420,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). Anticipated in January 2016 NO B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: December 7, 2015 PENDING E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). Expected by February 2016 PENDING F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) No Later Than December 2018 YES G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES G:\transeng\GRANTS\TDA\TDA 16-17\2015 Walnut Blvd Bike Gap Closure Project - TDA app\Board Order Action\2 2015-12-18 Attachment B - TDA Walnut Blvd.docx January 2016 Annotated Official Minutes 85 January 2016 Annotated Official Minutes 86 January 2016Annotated Official Minutes87 January 2016 Annotated Official Minutes 88 January 2016Annotated Official Minutes89 January 2016Annotated Official Minutes90 \\pw-data\grpdata\engsvc\ENVIRO\TransEng\TDA Projects\3 - Walnut Boulevard Bike Lane Gap Closure Project\NOE.doc Form Revised: December 2014 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title: Walnut Boulevard Bike Lane Gap Closure Project, WO#1025 & CP#15-49 Project Applicant: Contra Costa County Public Works Department Project Location – Specific: The west side of Walnut Boulevard between Marsh Creek Road and Vasco Road Project Location: Unincorporated area south of the City of Brentwood Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: . The purpose of this project is to widen the roadway to provide Class II bike lanes in each direction along a narrow section of Walnut Boulevard between Marsh Creek Road and Vasco Road in order to improve bicyclist safety. Recent improvements to Marsh Creek Road and Vasco Road have widened these intersections along Walnut Boulevard. However, these improvements left an approximately 1,000 foot long gap in paved shoulders wide enough for cyclists to use as bike lanes. This section between the two revised intersections remains a two lane rural road with little to no shoulders. This area has become increasingly used by bicyclists in east Contra Costa County. The project consists of adding approximately 6 feet of pavement widening on the west side of Walnut Boulevard. The project will relocate one roadside traffic sign due to widening. After the widening is completed, a slurry seal surface treatment and re-alignment of the pavement markings will center the travel lanes over the new roadway width. Bike lane signing and striping will be installed within the project limits and the existing centerline rumble strips will be replaced. The drainage pattern will be re-established through a graded roadside ditch and the partial excavation of its associated berm that extends approximately 520 feet in length parallel to the road. The project is a covered activity under the East Contra Costa County Habitat Conservancy Plan/Natural Community Conservation Plan (HCP/NCCP) under Road Safety Improvements. The project will follow the HCP/NCCP Avoidance and Mitigation Measures to minimize impacts to covered species and water quality. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. In addition, HCP/NCCP development fees will be paid to the Conservancy at project contract award. One lane will be open for traffic during construction activities. Emergency vehicles will have access at all times. Real property transactions, such as temporary construction easements from adjacent properties, may be necessary in support of the project. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: Class 1(c) Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Code No.: Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability [Article 5, Section 15061 (b)(3)] Reasons why project is exempt: The project consists of minor alteration of existing public facilities, involving negligible expansion of use beyond that previously existing; pursuant to section 15301(c) of the CEQA guidelines. The project will not result in the removal of any scenic resource. Lead Agency Contact Person: Alex Nattkemper - Public Works Dept. Area Code/Telephone/Extension: (925) 313-2364 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,070.00 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,210.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Alex Nattkemper County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2364 January 2016 Annotated Official Minutes 91 Contra Costa County G:\transeng\GRANTS\TDA\TDA 16-17\2015 Walnut Blvd Bike Gap Closure Project - TDA app\Board Order Action\CEQA Initial Study (Cat. Ex).docx Form updated: December 2014 PROJECT NUMBER: WO# 1025 CP# 15-49 PROJECT NAME: Walnut Boulevard Bike Lane Gap Closure Project PREPARED BY: Alex Nattkemper DATE: January 6, 2016 APPROVED BY: DATE: RECOMMENDATIONS: Categorical Exemption [Class 1(c)] Negative Declaration Environmental Impact Report Required Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The project consists of minor alteration of existing public facilities, involving negligible expansion of use beyond that previously existing pursuant to section 15301(c) of the CEQA guidelines. The project will not result in the removal of any scenic resource. What changes to the project would mitigate the identified impacts: N/A USGS Quad Sheet: Brentwood Base Map Sheet #: P-25 Parcel #: N/A GENERAL CONSIDERATIONS: 1. Location: The project is located in an unincorporated area in east Contra Costa County south of the City of Brentwood and west of Discovery Bay [Figures 1-4]. 2. Project Description: The purpose of this project is to widen the roadway to provide Class II bike lanes in each direction along a narrow section of Walnut Boulevard between Marsh Creek Road and Vasco Road in order to improve bicyclist safety. Recent improvements to Marsh Creek Road and Vasco Road have widened these intersections along Walnut Boulevard. However, these improvements left an approximately 1,000 foot long gap in paved shoulders wide enough for cyclists to use as bike lanes. This section between the two revised intersections remains a two lane rural road with little to no shoulders. This area has become increasingly used by bicyclists in east Contra Costa County. The project consists of adding approximately 6 feet of pavement widening on the west side of Walnut Boulevard. The project will relocate one roadside traffic sign due to widening. After the widening is completed, a slurry seal surface treatment and re-alignment of the pavement markings will center the travel lanes over the new roadway width. Bike lane signing and striping will be installed within the project limits and the existing centerline rumble strips will be replaced. The drainage pattern will be re-established through a graded roadside ditch and the partial excavation of its associated berm that extends approximately 520 feet in length parallel to the road. The project is a covered activity under the East Contra Costa County Habitat Conservancy Plan/Natural Community Conservation Plan (HCP/NCCP) under Road Safety Improvements. The project will follow the HCP/NCCP Avoidance and Mitigation Measures to minimize impacts to covered species and water quality. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. In addition, HCP/NCCP development fees will be paid to the Conservancy at project contract award. One lane will be open for traffic during construction activities. Emergency vehicles will have access at all times. Real property transactions, such as temporary construction easements from adjacent properties, may be necessary in support of the project. 3. Does it appear that any feature of the project will generate significant public concern? Yes No maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? Yes No East Contra Costa County Habitat Conservancy 5. Is the project within the Sphere of Influence of any city? No PUBLIC WORKS DEPARTMENT INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE January 2016 Annotated Official Minutes 92 RECOMMENDATION(S): ADOPT Resolution No. 2016/18 approving the second extension of Drainage Improvement Agreement DG04-00051 (cross-reference subdivision SD80-06013), for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Drainage Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Drainage Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction Division, Current Planning - DCD, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Company, 12890 Lebanon Road, Mt. Juliet, TN 37122, T – 11-9-16 C. 10 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Drainage Improvement Agreement DG04-00051, Bethel Island area. January 2016 Annotated Official Minutes 93 AGENDA ATTACHMENTS Resolution No. 2016/18 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/18 January 2016 Annotated Official Minutes 94 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/18 IN THE MATTER OF approving the second extension of Drainage Improvement Agreement DG04-00051 (cross-reference subdivision SD80-06013), for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Drainage Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company, and the County for construction of certain improvements in DG04-00051, Bethel Island area, through January 8, 2017; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075680 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction Division, Current Planning - DCD, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Company, 12890 Lebanon Road, Mt. Juliet, TN 37122, T – 11-9-16 January 2016 Annotated Official Minutes 95 January 2016 Annotated Official Minutes 96 January 2016 Annotated Official Minutes 97 January 2016 Annotated Official Minutes 98 January 2016 Annotated Official Minutes 99 January 2016 Annotated Official Minutes 100 January 2016Annotated Official Minutes101 RECOMMENDATION(S): ADOPT Resolution No. 2016/19 approving the second extension of Road Improvement Agreement RA04-01179 (cross-reference subdivision SD80-06013), for Navigator's Place, Halcyon Place, and Isle Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 12 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA04-01179, Bethel Island area. January 2016 Annotated Official Minutes 102 AGENDA ATTACHMENTS Resolution No. 2016/19 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/19 January 2016 Annotated Official Minutes 103 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES 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 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/19 IN THE MATTER OF approving the second extension of Road Improvement Agreement RA04-01179 (cross-reference subdivision SD80-06013), for Navigator's Place, Halcyon Place, and Isle Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Road Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in RA04-01179 (cross-reference subdivision SD80-06013), Bethel Island area, through January 8, 2017; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075681 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 104 January 2016 Annotated Official Minutes 105 January 2016 Annotated Official Minutes 106 January 2016 Annotated Official Minutes 107 January 2016 Annotated Official Minutes 108 January 2016 Annotated Official Minutes 109 January 2016Annotated Official Minutes110 RECOMMENDATION(S): ADOPT Resolution No. 2016/22 approving the second extension of Road Improvement Agreement RA04-01180 (cross-reference subdivision SD80-06013), for Waterside Place and Edgewater Court, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122, Design/Construction C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA04-01180, Bethel Island area. January 2016 Annotated Official Minutes 111 AGENDA ATTACHMENTS Resolution No. 2016/22 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/22 January 2016 Annotated Official Minutes 112 January 2016 Annotated Official Minutes 113 January 2016 Annotated Official Minutes 114 January 2016 Annotated Official Minutes 115 January 2016 Annotated Official Minutes 116 January 2016 Annotated Official Minutes 117 January 2016Annotated Official Minutes118 January 2016Annotated Official Minutes119 RECOMMENDATION(S): ADOPT Resolution No. 2016/23 approving the second extension of Road Improvement Agreement RA04-01181 (cross-reference subdivision SD80-06013), for Sea Gate Place, Seaward Court and Grey Whale Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Current Planning - DCD, Design/Construction, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 9 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA04-01181, Bethel Island area. January 2016 Annotated Official Minutes 120 AGENDA ATTACHMENTS Resolution No. 2016/23 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/23 January 2016 Annotated Official Minutes 121 January 2016 Annotated Official Minutes 122 January 2016 Annotated Official Minutes 123 January 2016 Annotated Official Minutes 124 January 2016 Annotated Official Minutes 125 January 2016 Annotated Official Minutes 126 January 2016Annotated Official Minutes127 RECOMMENDATION(S): ADOPT Resolution No. 2016/24 approving the second extension of Road Improvement Agreement RA04-01182 (cross-reference subdivision SD80-06013), for Channel Place and Point Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 13 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA04-01182, Bethel Island area. January 2016 Annotated Official Minutes 128 AGENDA ATTACHMENTS Resolution No. 2016/24 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/24 January 2016 Annotated Official Minutes 129 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/24 IN THE MATTER OF approving the second extension of Road Improvement Agreement RA04-01182 (cross-reference subdivision SD80-06013), for Channel Place and Point Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS, the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Road Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in RA04-01182, Bethel Island area, through January 8, 2017: APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075684 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 130 January 2016 Annotated Official Minutes 131 January 2016 Annotated Official Minutes 132 January 2016 Annotated Official Minutes 133 January 2016 Annotated Official Minutes 134 January 2016 Annotated Official Minutes 135 January 2016Annotated Official Minutes136 RECOMMENDATION(S): ADOPT Resolution No. 2016/25 approving the second extension of Road Improvement Agreement RA04-01183 (cross-reference subdivision SD80-06013), for Sea Drift Drive, Sea Meadow Court and Slough Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA04-01183, Bethel Island area. January 2016 Annotated Official Minutes 137 AGENDA ATTACHMENTS Resolution No. 2016/25 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/25 January 2016 Annotated Official Minutes 138 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/25 IN THE MATTER OF approving the second extension of Road Improvement Agreement RA04-01183 (cross-reference subdivision SD80-06013), for Sea Drift Drive, Sea Meadow Court and Slough Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS, the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Road Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in RA04-01183, Bethel Island area, through January 8, 2017: APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075685 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 139 January 2016 Annotated Official Minutes 140 January 2016 Annotated Official Minutes 141 January 2016 Annotated Official Minutes 142 January 2016 Annotated Official Minutes 143 January 2016 Annotated Official Minutes 144 January 2016Annotated Official Minutes145 RECOMMENDATION(S): ADOPT Resolution No. 2016/26 approving the second extension of Road Improvement Agreement RA04-01184 (cross-reference subdivision SD80-06013), for Shoreline Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA04-01184, Bethel Island area. January 2016 Annotated Official Minutes 146 AGENDA ATTACHMENTS Resolution No. 2016/26 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/26 January 2016 Annotated Official Minutes 147 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/26 IN THE MATTER OF approving the second extension of Road Improvement Agreement RA04-01184 (cross-reference subdivision SD80-06013), for Shoreline Place, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS, the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Road Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in RA04-01184, Bethel Island area, through January 8, 2017: APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075686 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 148 January 2016 Annotated Official Minutes 149 January 2016 Annotated Official Minutes 150 January 2016 Annotated Official Minutes 151 January 2016 Annotated Official Minutes 152 January 2016 Annotated Official Minutes 153 January 2016Annotated Official Minutes154 RECOMMENDATION(S): ADOPT Resolution No. 2016/27 approving the second extension of Road Improvement Agreement RA07-01238 (cross-reference subdivision SD80-06013), for Windsweep Road, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA07-01238, Bethel Island area. January 2016 Annotated Official Minutes 155 AGENDA ATTACHMENTS Resolution No. 2016/27 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/27 January 2016 Annotated Official Minutes 156 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/27 IN THE MATTER OF approving the second extension of Road Improvement Agreement RA07-01238 (cross-reference subdivision SD80-06013), for Windsweep Road, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS, the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Road Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in RA07-01238, Bethel Island area, through January 8, 2017: APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075687 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 157 January 2016 Annotated Official Minutes 158 January 2016 Annotated Official Minutes 159 January 2016 Annotated Official Minutes 160 January 2016 Annotated Official Minutes 161 January 2016 Annotated Official Minutes 162 January 2016Annotated Official Minutes163 RECOMMENDATION(S): ADOPT Resolution No. 2016/28 approving the second extension of Road Improvement Agreement RA07-01239 (cross-reference subdivision SD80-06013), for Delta Coves Drive and Sea Drift Drive, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Road Improvement Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Road Improvement Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Road Improvement Agreement RA07-01239, Bethel Island area. January 2016 Annotated Official Minutes 164 AGENDA ATTACHMENTS Resolution No. 2016/28 Second Extension MINUTES ATTACHMENTS Signed: Resolution No. 2016/28 January 2016 Annotated Official Minutes 165 Recorded at the request of:BOARD OF SUPERVISORS Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/28 IN THE MATTER OF approving the second extension of Road Improvement Agreement RA07-01239 (cross-reference subdivision SD80-06013), for Delta Coves Drive and Sea Drift Drive, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS, the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Road Improvement Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in RA07-01239, Bethel Island area, through January 8, 2017: APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075688 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn A. B. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 166 January 2016 Annotated Official Minutes 167 January 2016 Annotated Official Minutes 168 January 2016 Annotated Official Minutes 169 January 2016 Annotated Official Minutes 170 January 2016 Annotated Official Minutes 171 January 2016Annotated Official Minutes172 RECOMMENDATION(S): ADOPT Resolution No. 2016/29 approving the second extension of Subdivision Agreement for subdivision SD80-06013, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Subdivision Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 95% of the work has been completed to-date.) By granting an extension, the County will give the developer more time to complete the improvements and keeps the bond current. CONSEQUENCE OF NEGATIVE ACTION: The terminal date of the Subdivision Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed, or revert the development to acreage. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: J. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Date:January 19, 2016 Contra Costa County Subject:Approve the second extension of Subdivision Agreement for subdivision SD80-06013, Bethel Island area. January 2016 Annotated Official Minutes 173 AGENDA ATTACHMENTS Resolution No. 2016/29 Second Extension & Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/29 January 2016 Annotated Official Minutes 174 Recorded at the request of:BOARD OF SUPERVISORS Return To:Public Works, Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:Mary N. Piepho, District III Supervisor ABSTAIN: RECUSE: Resolution No. 2016/29 IN THE MATTER OF approving the second extension of Subdivision Agreement for subdivision SD80-06013, for a project being developed by SDC Delta Coves, LLC, a Delaware Limited Liability Company, as recommended by the Public Works Director, Bethel Island area. (District III) WHEREAS, the Public Works Director, having recommended that she be authorized to execute the second agreement extension, which extends the Subdivision Agreement between SDC Delta Coves, LLC, a Delaware Limited Liability Company and the County for construction of certain improvements in subdivision SD80-06013, Bethel Island area, through January 8, 2017: APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: December 2016 BOND NO.: 1075689 DATE: October 19, 2012 REASON FOR EXTENSION: Project was in bankruptcy. Work has since continued. NOW, THEREFORE, LET IT BE RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: J. 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. A.B. LaRocque - Engineering Services , Design/Construction, Current Planning - DCD, T - 11-9-16, SDC Delta Coves, LLC, c/o Argent Mgmt., LLC, 2392 Morse Ave. Irvine, CA 92614, Lexon Insurance Co. 12890 Lebanon Rd Mt Juliet TN 37122 January 2016 Annotated Official Minutes 175 January 2016 Annotated Official Minutes 176 January 2016 Annotated Official Minutes 177 January 2016 Annotated Official Minutes 178 January 2016 Annotated Official Minutes 179 January 2016 Annotated Official Minutes 180 January 2016Annotated Official Minutes181 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute, on behalf of the County, a lease amendment modifying the lease between the County, as Lessor, and Excelsior J D CO, LLC, as Tenant, for the lease of property located at 2301 Meridian Park Boulevard. FISCAL IMPACT: The lease amendment provides a rent credit of $1,810 for 24 months (for a total of $43,440) to compensate the tenant for a portion of the improvements made to the building. BACKGROUND: The County originally entered into a lease with Caffino Express, LLC in 2010 for the purposes of operating and maintaining a drive-through and walk-up gourmet coffee/espresso business. In 2015, the lease was assigned to Excelsior J D CO, LLC, dba Java DeTour. Excelsior J D CO, LLC has made substantial improvements (over $75,000) to the building since the lease was assigned to them; this building will APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 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:January 19, 2016 Contra Costa County Subject:Approve and Authorize First Amendment to Lease with Excelsior J D CO, LLC, Pacheco Area (District IV) January 2016 Annotated Official Minutes 182 BACKGROUND: (CONT'D) revert to the County at the end of the term. Excelsior J D CO, LLC also acquired three other coffee kiosks in the region and all have substantially lower monthly rent than the property at the Buchanan Field Airport. The high rent coupled with the high improvement costs have made the property economically challenging. In order to compensate Excelsior J D CO, LLC, for a portion of the building improvements, the lease is being amended to create a monthly rent credit equal to $1,810 per month for 24 months, for a total credit amount of $43,440. As the original lease term would end in February 2018, this lease amendment also exercises the first lease extension period to extend the term until 2023 as permitted under the lease. The lease amendment will permit a continuation of desired commercial gourmet coffee/espresso services at the Buchanan Field Airport. This use is consistent with the policies identified within the Buchanan Field Airport Master Plan. Further, the Lease will provide rental and sales tax revenue to the Airport Enterprise Fund and County General Fund. CONSEQUENCE OF NEGATIVE ACTION: Not granting the modified terms could result in Excelsior J D CO, LLC not exercising the first lease extension period and the lease could terminate in February 2018. ATTACHMENTS ExJD/Contra Costa Lease Amendment January 2016 Annotated Official Minutes 183 January 2016 Annotated Official Minutes 184 January 2016 Annotated Official Minutes 185 January 2016 Annotated Official Minutes 186 January 2016 Annotated Official Minutes 187 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Charles Luther for a Shade-hangar at Buchanan Field Airport effective January 7, 2016 in the monthly amount of $177.07, Pacheco area. FISCAL IMPACT: The Airport Enterprise Fund will realize $2,124.84 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: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Robert Campbell, County Auditor-Controller C. 15 To:Board of Supervisors From:Keith Freitas, Airports Director Date:January 19, 2016 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 January 2016 Annotated Official Minutes 188 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 Charles Luther Hangar Agreement January 2016 Annotated Official Minutes 189 January 2016 Annotated Official Minutes 190 January 2016 Annotated Official Minutes 191 RECOMMENDATION(S): 1. ACCEPT Petition for Annexation of the Podva Property development into the existing Wiedemann Ranch Geologic Hazard Abatement District (“GHAD”); 2. ACCEPT the draft Podva Property Development Annexation Plan of Control (January 7, 2016); 3. ADOPT the attached Resolution No. 2016/01 to do the following: (a) FIX a Public Hearing for March 22, 2016 at 9:00 a.m. in Room 107 of the GHAD Board Chambers, 651 Pine Street, Martinez, California to consider the proposed annexation of territory into the existing Wiedemann Ranch GHAD and the proposed Podva Property Development Annexation Plan of Control, and hear any written objections thereto; and (b) DIRECT the Wiedemann Ranch GHAD Clerk, or their designee, to mail, by first class mail, a written notice of the hearing to consider the proposed annexation and the proposed Podva Property Development Annexation Plan of Control to each owner of real property as required by GHAD law. FISCAL IMPACT: The GHAD is funded 100% through assessments levied on properties within the GHAD. Therefore, there is no impact on the County General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Anagha Dandekar Cliffard 510-622-7551 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 17 To:Wiedemann Ranch GHAD Board of Directors From:Patricia E. Curtin, GHAD Attorney and General Manager Date:January 19, 2016 Contra Costa County Subject:Accept Petition for Annexation for the Podva Property Development to the Wiedemann Ranch GHAD January 2016 Annotated Official Minutes 192 BACKGROUND: On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors. On April 11, 2000, the Wiedemann Ranch GHAD Board of Directors adopted Resolution Nos. 2000/166 and 2000/167 approving annexation of the Henry Ranch development (Subdivision 8118) in San Ramon into the Wiedemann Ranch GHAD. On July 29, 2014, the Wiedemann Ranch GHAD Board of Directors adopted Resolution 2014/03 approving annexation of the Elworthy Ranch development (Subdivision 9009) in the Town of Danville into the Wiedemann Ranch GHAD. The Podva Property development (Subdivision 9309) is located at the western terminus of Midland Way in the Town on Danville. Twenty single family homes along with appurtenant improvements are planned for the development. Due to the potential for geologic hazards and related required ongoing maintenance, the Conditions of Approval for the Podva Property development, require that it be included within a GHAD. To satisfy this requirement, the developer of the Podva Property development has elected to petition the GHAD Board to annex the Podva Property development into the existing Wiedemann Ranch GHAD. The territory to be annexed pursuant to the Petition for Annexation is currently owned by the developer. The boundaries of the territory to be annexed and the boundaries of the Podva property development are the same. In connection with the proposed annexation, a proposed Plan of Control has been prepared. The Plan of Control is separate from the Wiedemann Ranch Plan of Control and describes the work contemplated for the Podva Property development, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain facilities, and concrete lined drainage ditches. If adopted, the Podva Property Development Annexation Plan of Control would address geologic hazards within Subdivision 9309. Funding for the GHAD activity on the proposed annexed area to prevent, mitigate, abate and control geologic hazards will be based on an assessment, and such funds will be collected and used in connection with the Podva Property Development Annexation Plan of Control. The proposed assessment is supported by a detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California, and will be considered at a subsequent date in accordance with Proposition 218. The proposed assessment does not impact or change the existing assessments for the current landowners in the GHAD. The Manager of the Wiedemann Ranch GHAD recommends that the GHAD Petition be accepted and a hearing be ordered for March 22, 2016 to consider the annexation request. CONSEQUENCE OF NEGATIVE ACTION: The owners of the Podva Property development will have to form a new Geologic Hazard Abatement District or seek annexation into another Geologic Hazard Abatement District to satisfy Town of Danville Condition of Approval No. 25 for Subdivision 9309. ATTACHMENTS Wiedemann Resolution Agenda Wiedemann Powerpoint ENGEO Wiedemann Petition of Annexation January 2016 Annotated Official Minutes 193 017579.0001\4158160.1 THE BOARD OF DIRECTORS OF WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on January 19, 2016 by the following vote: AYES: Mary N. Piepho, Karen Mitchoff, Candace Andersen, Federal D. Glover, John Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2016/01 (WIEDEMANN RANCH GHAD) SUBJECT: Resolution No. 2016/01 accepting petition and setting a hearing for March 22, 2016, at 9:00 a.m. to annex the Podva property development into the existing Wiedemann Ranch Geologic Hazard Abatement District. WHEREAS, on September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution 98/438 approving the formation of the Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors. WHEREAS, the GHAD Board is now presented with and has reviewed the Petition for Annexation of Territory to the Wiedemann Ranch GHAD (“GHAD Petition”), which is attached hereto as Attachment 1. The territory proposed to be annexed into the GHAD is described in the legal description and identified in the boundary map set forth in Exhibit A to Attachment 1. WHEREAS, the GHAD Board is now presented with and has reviewed the draft Podva Property Development Annexation Plan of Control (dated January 7, 2016), which is contained in Exhibit B of Attachment 1. The draft Plan of Control describes potential geologic hazards within the territory to be annexed and addressed the prevention, mitigation, abatement and control of such hazards. The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1. This Resolution No. 2016/01 is made pursuant to the provisions of Division 17 of the Public Resources Code with particular references to Chapter 1 (commencing with Section 26500), Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561). 2. The GHAD Petition is substantially in the form described in Sections 26552 of the Public Resources Code; and the draft Podva Property Development Annexation Plan of Control is substantially in the form described in Section 26509 of the Public Resources Code. January 2016 Annotated Official Minutes 194 017579.0001\4158160.1 3. These proceedings are exempt from the provisions of the California Environmental Quality Act (Pub. Res. Code §§ 2100 et seq.) in accordance with Public Resources Code section 21080(b)(4). 4. The GHAD Board has been presented with and reviewed the draft Podva Property Development Annexation Plan of Control and has determined that the health, safety and welfare of the public requires annexation of the proposed territory into the Wiedemann Ranch GHAD. 5. A public hearing on the GHAD Petition and proposed annexation will be held on March 22, 2016 at 9:00 a.m. in the chambers of the GHAD Board, at 651 Pine Street in Martinez. 6. The GHAD Clerk, or designee, shall mail, by first class mail, a written notice of the hearing on the annexation, along with a copy of the GHAD Petition, to all owners of real property within the proposed district pursuant to Public Resources Code Section 26561, 26562 and 26563 to consider the proposed annexation and the proposed Elworthy Ranch Development Annexation Plan of Control. This notice must be mailed at lease twenty (20) days preceding the March 22, 2016 hearing date. 7. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. Attachment 1 – Petition for Annexation January 2016 Annotated Official Minutes 195 017579.0001\4158851.1 WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD OF DIRECTORS BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET, MARTINEZ, CALIFORNIA 94553-1229 CANDACE ANDERSEN, CHAIR MARY PIEPHO, VICE-CHAIR FEDERAL D. GLOVER, BOARD DIRECTOR KAREN MITCHOFF, BOARD DIRECTOR JOHN GIOIA, BOARD DIRECTOR AGENDA JANUARY 19, 2016 Geologic Hazard Abatement District (GHAD) Board of Directors for Wiedemann Ranch. Time 9:00a.m. Consent Item: 1. Wiedemann Ranch GHAD Board of Directors: SUBJECT: ACCEPT Petition for Annexation of the Podva Property Development into the existing Wiedemann Ranch GHAD; ACCEPT draft Podva Property Development Annexation Plan of Control (January 7, 2016); ADOPT Wiedemann Ranch GHAD Resolution No. 2016/01 to FIX a public hearing for March 22, 2016 to consider the proposed annexation of territory into the existing Wiedemann Ranch GHAD and the proposed Podva Property Development Annexation Plan of Control, and hear any written objection thereto; and DIRECT the Wiedemann Ranch GHAD Clerk, or their designee, to mail, by first class mail, a written notice of the hearing to consider the proposed annexation and the proposed Podva Property Development Annexation Plan of Control to each owner of real property as required by GHAD law. January 2016 Annotated Official Minutes 196 WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) PLAN OF CONTROL PODVA PROPERTY DEVELOPMENT ANNEXATION Submitted to Ponderosa Homes II, Inc. Pleasanton, California Prepared by ENGEO Incorporated June 18, 2015 Revised January 7, 2016 Project No. 9160.000.001 January 2016 Annotated Official Minutes 197 Project No. 9160.000.001 June 18, 2015 Revised January 7, 2016 Mr. Jeffrey C. Schroeder Ponderosa Homes II, Inc. 6671 Owens Drive Pleasanton, CA 94588 Subject: Podva Property Danville, California PLAN OF CONTROL Dear Mr. Schroeder: Attached is the proposed Plan of Control to support annexation of the Podva Property into the Wiedemann Ranch Geologic Hazard Abatement District (GHAD). The proposed Plan of Control is intended to reflect the annexation of the Podva Property into the Wiedemann Ranch GHAD. This annexation satisfies portions of Condition of Approval No. 5, related to GHAD formation. If you have any questions or would like any additional information, please do not hesitate to contact us. Sincerely, ENGEO Incorporated Jeffrey A. Adams, PhD, PE Eric Harrell, CEG J. Brooks Ramsdell, CEG jaa/eh/jbr/jf January 2016 Annotated Official Minutes 198 TABLE OF CONTENTS Letter of Transmittal 1.0 INTRODUCTION ........................................................................................... 1 1.1 PROPERTY IDENTIFICATION, OWNERSHIP AND MAINTENANCE RESPONSIBILITIES .................................................................................................1 2.0 PODVA PROPERTY PLAN OF CONTROL ............................................... 1 2.1 GEOLOGIC HAZARDS............................................................................................1 2.1.1 Slope Instability – Podva Property ...................................................................1 2.1.2 Seismically Induced Ground Shaking ..............................................................2 2.1.3 Expansive Soils .................................................................................................2 2.2 SLOPE STABILITY CONSIDERATIONS DURING MASS GRADING ...........2 2.3 GHAD-MAINTAINED IMPROVEMENTS AND OPEN SPACE AREAS .........3 2.3.1 General Landslide Mitigation ...........................................................................5 2.4 BIOTECHNICAL RECOMMENDATIONS FOR PREVENTION AND MITIGATION OF EXISTING OR POTENTIAL EROSION HAZARDS ..........5 2.5 CRITERIA FOR GHAD RESPONSIBILITY .........................................................6 2.5.1 Isolated or Remote Slope Instability.................................................................6 2.5.2 Single Property .................................................................................................6 2.5.3 Geologic Hazards Resulting from Negligence of Property Owner ..................6 2.5.4 Property Not Accepted .....................................................................................6 2.5.5 Geologic Hazard Which Requires Expenditure in Amount Exceeding the Value of the Threatened or Damaged Improvement ........................................7 2.5.6 GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements ........................................................................................7 2.5.7 No Reimbursement of Expenses Incurred by Property Owners .......................7 2.5.8 GHAD Manager Discretion and Appeals to GHAD Board of Directors .........7 2.6 PRIORITY FOR GHAD-FUNDED REPAIRS .......................................................8 2.7 MAINTENANCE AND MONITORING SCHEDULE ..........................................8 3.0 GLOSSARY ...................................................................................................... 9 4.0 OWNERSHIP AND MANAGEMENT ........................................................ 10 5.0 RIGHT-OF-ENTRY ...................................................................................... 11 LIST OF REFERENCES FIGURE 1 – Corrective Grading Plan EXHIBIT A – Podva Property, Legal Description for Subdivision 9309 with Plat EXHIBIT B – Podva Property, Site Geology EXHIBIT C – Podva Property, Funding and Acceptance January 2016 Annotated Official Minutes 199 1.0 INTRODUCTION Under the Condition of Approval No. 5 (Subdivision 9309), the Town of Danville has required establishment of a GHAD or annexation into an existing GHAD for the Podva Property. To satisfy this requirement, the developer of the Podva Property has petitioned the Board of Directors of the Wiedemann Ranch GHAD to annex the Podva Property into the existing Wiedemann Ranch GHAD (“GHAD”). 1.1 PROPERTY IDENTIFICATION, OWNERSHIP AND MAINTENANCE RESPONSIBILITIES A written description of the properties to be annexed into the existing GHAD is provided in Exhibit A and shown graphically on the plat to accompany the legal description. The GHAD annexation area includes 20 proposed residential parcels and one open space parcel (Parcel “A”, 17,778 sf) that will serve as a bio-retention area and open space Parcel “B” at approximately 4 acres within Subdivision 9309 as shown on Figure 1. 2.0 PODVA PROPERTY PLAN OF CONTROL 2.1 GEOLOGIC HAZARDS Geologic hazards identified for the Site in the ENGEO geotechnical report dated August 5, 2011, include the following items. • Slope instability • Seismically induced ground shaking • Expansive soils These geologic hazards are not expected to be eliminated entirely by site grading. Slope instability or potential slope instability is not unique to this project, but is of importance for hillside projects throughout the San Francisco Bay Area, such as Elworthy Ranch, Henry Ranch, and Norris Canyon Estates already within the Wiedemann Ranch GHAD. Future stability depends on various factors, including any introduction of natural or artificial groundwater, future grading and earthquake ground shaking. 2.1.1 Slope Instability – Podva Property Areas of slope instability or landsliding located to the west of the residential development may affect the Podva Property during the life of the development. During mapping for the Podva Property geotechnical exploration, landslide debris fan deposits were mapped on Lot 5 and Parcel “B”. The corrective grading plan showing the location of the debris fan deposits included as Figure 1. Debris benches and intervening roadways are planned to mitigate the potential for landslide and earthflow/debris flow hazards originating on slopes west of the project from impacting the development. January 2016 Annotated Official Minutes 200 A landslide is defined as a mass of rock, soil and other debris that has been displaced downslope by sliding, flowing or falling. Landslides include cohesive block glides and disrupted slumps that have formed by displacement along a planar slip surface or rotation (displacement along a curved slip surface). Undercutting and erosion of hillside slopes can trigger slope failures. Slope failures are also triggered by increased pore water pressure due to the infiltration of rainwater. The resulting decrease of shear resistance (internal resistance to deformation by shearing) can cause the slope to move. The level of the groundwater table varies with the amount of rainfall for the area. If rainfall is higher than average during the winter season, the water table may be higher than average on a hillslope and groundwater pressures may become high. Under these conditions, hillside movement can be activated. Potential mitigation and repair measures for GHAD areas near improvements are discussed in later sections of this document. 2.1.2 Seismically Induced Ground Shaking Previous fault investigation at the site (ENGEO, 2011) indicates that an active fault trace does not traverse the proposed residential development. However, geologic and fault zone maps indicate that queried potential fault traces may exist to the west of the residential development in the open space area outside of the GHAD boundary. As identified in the referenced reports, an earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking at the Podva property, similar to that which has occurred in the past. Seismic slope stability has been considered in the geotechnical reports completed for the property; however, seismically generated slope failures could occur outside the grading limits within the Podva Property. 2.1.3 Expansive Soils Surface and near-surface soils in the western portion of the Podva Property could exhibit a moderate to high potential for expansion. These potentially expansive soils could impact the planned site development. Expansive soils shrink and swell as a result of moisture change. This can cause heaving and cracking of slabs-on-grade, pavements and structures founded on shallow foundations. The potential for expansive soils has been identified in previous reports for the property. Shrink and swell of expansive soils on slopes contributes to creep movement, which can result in shallow slope instability. 2.2 SLOPE STABILITY CONSIDERATIONS DURING MASS GRADING As recommended in the 2014 Geotechnical Exploration (ENGEO, 2014), the development of the eastern terraced area has been designed to avoid landslides on the western portion of the site by locating the proposed improvements on the stable and competent Miocene bedrock. In addition, recommendations have been made to provide the development with protection from soil January 2016 Annotated Official Minutes 201 sloughing and earthflows originating on the slopes to the west by including debris benches or by situating trails or roadways between slopes and structural improvements. Planned debris benches or trails consist of a minimum 15-foot-wide near-level bench located between the rear or side yard and the adjacent slopes. Subdrains are proposed to be installed to collect subsurface waters as shown on the Corrective Grading Plan (Figure 1). 2.3 GHAD-MAINTAINED IMPROVEMENTS AND OPEN SPACE AREAS Conditions of Approval (COA) Numbers 2, 4, 5, 8, and 14 address parcel ownership and GHAD maintenance responsibilities. COA No. 14 (Site Planning) – The responsibility to maintain the existing trash rack located to the south of proposed Lot 4 shall be transferred either to the Geologic Hazard Abatement District (GHAD), the project’s homeowner’s association (HOA), or similar instrument found to be acceptable by the Town upon recordation of the initial final map recorded for the property. The area to the south of Lot 4 shall be configured to the satisfaction of the Engineering Division to assure accommodation to stage the necessary maintenance equipment and to make provision for the turnaround and departure of equipment used to remove debris for the trash rack. The area shall be graded as determined by the Town and shall have all-weather surfacing (as generally shown on the exhibit referenced under Condition of Approval A.1.f., above). COA No. 2 (Landscaping) – All plant material that is to be located in areas that will be the responsibility of the project homeowner’s association (HOA), the Geologic Hazard Abatement District (GHAD), or similar instrument found to be acceptable by the Town shall be served by an automatic underground irrigation system and shall be maintained in a healthy growing condition. COA No. 4 (Miscellaneous) – The project homeowner’s association (HOA), the Geologic Hazard Abatement District (GHAD), or similar instrument found to be acceptable by the Town, shall be responsible for maintenance of all common landscape and common fencing. If an HOA is formed, draft project CC&Rs shall be submitted to the Planning Division and City Attorney for review and approval a minimum of 45 days prior to the recordation of the final map. An HOA shall be required to be formed for the project unless the developer can show, to the satisfaction of the Town, that the duties typically handled by the HOA can be adequately handled by the GHAD or similar instrument. In determining the adequacy of the GHAD or similar instrument, emphasis shall be placed on the need to provide for a local and accessible representative that residents of the neighborhood can readily contact in the event that maintenance issues arise. COA No. 5 (Miscellaneous) – The Geologic Hazard Abatement District (GHAD) shall be established or annexed into. The GHAD shall finance the prevention, mitigation, abatement, or control of any current or future geologic hazard that threatens improvements on the property. Said GHAD shall be established according to Public January 2016 Annotated Official Minutes 202 Resources Code §26500 et seq. The approximately 99 acres of permanent open space created as part of this project shall be maintained by the GHAD. The GHAD shall be responsible for the maintenance and upkeep of the detention basin and other stormwater pollution control and hydromodification facility constructed as part of the project. COA No. 8 (Miscellaneous) – Prior to the recordation of the final map, the project applicant shall prepare and submit a detailed Operation and Maintenance Agreement to the Development and Services Department for review and approval. The operation and Maintenance Agreement shall identify the maintenance and funding for proposed storm water management features at the project site (i.e. bio-retention facility, storm water detention basin). All features shall be maintained and funded by the local homeowner’s association (HOA), GHAD or similar instrument found to be acceptable by the Town. The maintenance protocols shall address both the routine and non-routine maintenance activities and shall explicitly identify monitoring and reporting requirements. These protocols shall include an estimate of annual monitoring and maintenance costs. The GHAD shall be responsible for the maintenance of geologic stabilization and hydrogeologic features in the common open space and the unimproved areas. Specifically, the GHAD’s maintenance responsibilities include prevention and abatement of geologic hazards such as landslides and slope erosion within the developed area and open space as provided in this Plan of Control. The GHAD will have the responsibility to manage geologic hazards, as described herein, within the Project area only after the transfer process has been completed (Exhibit C). The GHAD will have the following maintenance responsibilities as outlined below: • Monitoring of retaining walls and maintenance if structural integrity of a wall or adjacent structure(s) is threatened (Parcels A and B). • Maintenance of water detention basin facility and access road located on Parcel “B”. • Maintenance of bioretention facility located on Parcel “A” between Midland Way and Lot 1. • Maintenance of trash rack on Parcel “B”. • Maintenance of debris benches, lined and unlined drainage ditches in developed areas and open space. • Vegetation control for fire suppression within open space (Parcels “A” and “B”). • Maintenance of storm drain system improvements, subdrains, and subdrain outlets in open space (Parcels “A” and “B”). • Trail maintenance on Parcel “B”. January 2016 Annotated Official Minutes 203 2.3.1 General Landslide Mitigation The techniques the GHAD may employ to prevent, mitigate, or abate landsliding or adverse erosion damage that might include, but are not necessarily limited to: • Removal of the unstable earth mass. • Stabilization (either partial or total) of the landslide by removal and replacement with compacted drained fill. • Construction of structures to retain or divert landslide material or sediment. • Construction of erosion-control devices such as gabions, rip rap, geotextiles or lined ditches. • Placement of drained engineered buttress fill. • Placement of subsurface drainage devices (e.g., underdrains, or horizontal drains). • Slope correction (e.g., gradient change, biotechnical stabilization, and slope trimming or contouring). • Construction of additional surface ditches and/or detention basins, silt fences, sediment traps, or backfill or erosion channels. Potential landslide and erosion hazards can often best be mitigated by controlling soil saturation and water runoff and by maintaining the surface and subsurface drainage system. Maintenance shall be provided for lined surface drainage ditches and drainage terraces. 2.4 BIOTECHNICAL RECOMMENDATIONS FOR PREVENTION AND MITIGATION OF EXISTING OR POTENTIAL EROSION HAZARDS Fill slopes within the boundaries of the GHAD are expected to be erodible as will cut slopes in bedrock; therefore, the maintenance of vegetative cover is especially important. Vegetation provides a protection on soil and exposed rock. It absorbs the impact of raindrops, reduces the velocity of runoff and retards erosion. In many instances, adequate erosion protection for slopes can be accomplished with carefully selected and placed biological elements (plants) without the use of structures (e.g., brush layering and willow waddling). In other areas, biotechnical slope protection may involve the use of mechanical elements or structures in combination with biological elements to provide erosion control and help prevent small-scale slope failures. Locally, walls, welded-wire walls, gabion walls, rock walls, riprap and reinforced earth walls used in combination with carefully selected and planted vegetation can January 2016 Annotated Official Minutes 204 provide high-quality slope protection. The vegetation may be planted on the slope above a low retaining structure or toe wall, or the interstices of the structure can be planted. 2.5 CRITERIA FOR GHAD RESPONSIBILITY To establish an appropriate GHAD assessment level for the Podva Property portion of the GHAD, it is important to define clearly the limits of the GHAD’s responsibilities. The GHAD will accept responsibility for property as described in Exhibit A and identified in Section 2.3. However, the intent of this Plan of Control is not to extend the GHAD’s responsibilities to every potential situation of slope instability; as such, the following are exclusions from GHAD responsibility. 2.5.1 Isolated or Remote Slope Instability The GHAD shall not have responsibility to monitor, abate, mitigate or control slope instability that does not involve damage to, or pose a significant threat to damage, site improvements or flood control capacity. As used herein, the term “site improvements” means buildings, roads, sidewalks, utilities, retaining walls, improved trails, swimming pools, geologic stabilization features and drainage features or similar improvements. 2.5.2 Single Property The GHAD will not prevent, mitigate, abate or control geologic hazards which are limited in area to a single residential parcel of property unless the geologic hazard has damaged, or poses a significant threat of damage to site improvements located on other property within the GHAD boundaries. 2.5.3 Geologic Hazards Resulting from Negligence of Property Owner The GHAD may, in the general manager’s sole discretion, decline to prevent, mitigate, abate or control geologic hazards which occur or result from any negligence of the homeowner and/or the homeowner’s contractors, agents or employees in developing, investigating, grading, constructing, maintaining or performing or not performing any post-development work on the subject property. 2.5.4 Property Not Accepted The GHAD shall not have responsibility to repair damage, which is located on a parcel of real property, which the GHAD has not accepted in accordance with Exhibit C. The GHAD, however, may monitor, abate, mitigate or control slope instability on a parcel of real property, which the GHAD has not accepted in accordance with Exhibit C, provided that the GHAD responsibility on such parcel shall be limited to the extent necessary to address damage or a significant threat to damage site improvements on a GHAD-accepted parcel. Should the GHAD be required to respond to a geologic hazard outside the boundaries of the GHAD, the GHAD January 2016 Annotated Official Minutes 205 may take such actions as may be appropriate to recover costs incurred as a result of preventing, mitigating, abating or controlling such geologic hazard from the responsible party, if any. 2.5.5 Geologic Hazard Which Requires Expenditure in Amount Exceeding the Value of the Threatened or Damaged Improvement The GHAD may elect not to prevent, mitigate, abate or control a geologic hazard where, in the general manager's sole discretion, the anticipated expenditure required to be funded by the GHAD to prevent, mitigate, abate or control the geologic hazard will exceed the value of the structure(s) and site improvement(s) threatened with damage or loss. 2.5.6 GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements In the event a residence or any other private structure, site improvement or landscape feature is damaged or destroyed as a result of a geologic hazard, the GHAD may fund or reimburse the property owner for the expenses necessary to repair or replace the damaged or destroyed structure, site improvement or landscaping. Unless otherwise authorized by the Board of Directors, the total dollar amount of the GHAD funding or reimbursement paid to all property owners whose property is damaged by a geologic hazard may not exceed ten percent (10 percent) of the total costs incurred by the GHAD in actually mitigating, abating or controlling the geologic hazard that causes the damage 1. In the event the geologic hazard damages or destroys a structure, site improvement or landscaping which violates any provisions of the City Building Code or City Code at the time of its installation or improvement, the GHAD may decline to provide any funding, or reimbursement to the property owner for repair or replacement of the damaged structure, improvement or landscaping. 2.5.7 No Reimbursement of Expenses Incurred by Property Owners The GHAD will not be obligated to reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard absent a written agreement between the property owner and the GHAD to that effect, which agreement has been executed prior to the property owner incurring said expenses, and following an investigation conducted by the GHAD. 2.5.8 GHAD Manager Discretion and Appeals to GHAD Board of Directors The GHAD manager has sole discretion for GHAD’s response under items in Section 2.5. Any determination made by the GHAD Manager in its sole discretion may be appealed to the GHAD Board of Directors through a written letter of appeal submitted within 10 days of the GHAD Manager’s written determination to the affected party. 1 For example, if a landslide causes $10,000 in structural damage to each one of four neighboring homes for a total of $40,000 in structural damage and it costs the GHAD $100,000 to design and install a new retaining wall to abate the slide, the GHAD may only reimburse each property owner $2,500 of their $10,000 in structural damage. January 2016 Annotated Official Minutes 206 2.6 PRIORITY FOR GHAD-FUNDED REPAIRS Emergency response and scheduled monitoring, maintenance or repair expenditures are to be prioritized by the General Manager, utilizing its discretion, based upon available funds, a prudent reserve and the approved operating budget. Should available funds not be sufficient to undertake all of the identified remedial and preventive stabilization measures, the expenditures shall be prioritized as follows in descending order of priority. A. The prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to residences, critical lifeline utilities or emergency vehicle access corridors. B. The prevention, mitigation, abatement or control of geologic hazards that either have damaged or pose a significant threat of damage to ancillary structures or private recreation facilities (e.g., pools, spas, etc.). C. Prevention, mitigation, abatement or control of geologic hazards, which either have damaged or pose a significant threat of damage to open space amenities. D. The prevention, mitigation, abatement or control of geologic hazards that either have damaged or pose a significant threat of damage limited to loss of landscaping, other similar non-essential amenities. E. The prevention, mitigation, abatement or control of geologic hazards existing entirely on open-space property and which have neither damaged nor pose a significant threat of damage to any site improvements. If sufficient funds are not available to undertake the listed activities, the GHAD may investigate obtaining funding as allowed in Section 26505(e) of the Public Resources Code through the issuance of bonds, notes, or debentures such as a line of credit. 2.7 MAINTENANCE AND MONITORING SCHEDULE Geologic features and GHAD-maintained facilities should be inspected on a regular basis. Budget permitting, inspections should generally be scheduled to occur two times per year in normal years and three or more times per year in years of heavy rainfall. The inspections should be scheduled to take place in the fall, prior to the first significant rainfall; mid-winter as necessary during heavy rainfall years; and in spring at the end of the rainy season. It is anticipated that the monitoring events for the Podva Property and the Wiedemann Ranch development within the Wiedemann Ranch GHAD would be completed on the same schedule. • A GHAD Engineer and/or Geologist should inspect the lined surface of concrete-lined drainage ditches within the GHAD boundaries on a regular schedule. Repairs and maintenance should be performed as needed. Excess silt or sediment in ditches should be January 2016 Annotated Official Minutes 207 removed and cracked or broken ditches should be patched or repaired as required before the beginning of the next rainy season. • Inspection, repairs, and maintenance of debris catchment structures should be performed on a regular schedule. Excess debris should be removed to allow the structures to maintain adequate catchment area. • Subsurface drain outlets and horizontal drain outlets, if any, should be inspected on a regular schedule. Water flowing from these outlets should be measured and recorded during each inspection. Any suspicious interruption in flow should signal a need to unplug or clean. • Inlets, outfalls or trash racks, if used, must be kept free of debris, and spillways must be maintained. Attention should be given to plantings or other obstructions, which may interfere with access by power equipment. • Retaining walls should be inspected annually for evidence of distress, such as tilting and/or structural failure. Repairs and maintenance would be undertaken only in the event that the structural integrity of the wall has been compromised or if the wall distress poses a threat to the integrity of adjacent structures. • The water detention basin facility and bioretention facility should be monitored on a semi-annual basis; once prior to and once following rainy season. Repairs and maintenance, as needed, should be undertaken, including removal of excess silt or sediment. • Monitoring of the detention basin access road should include observing the access road for eroded areas or areas of instability, pavement competency, and encroaching vegetation. The GHAD should review its inspection schedule annually and assess the effectiveness of its preventive maintenance program on a regular basis. GHAD staff should prepare an annual report to the Board of Directors with recommendations for maintenance and/or repair projects. Consultants, as necessary, may be retained to undertake the needed studies. The GHAD Geotechnical Engineer and/or Certified Engineering Geologist retained by the GHAD shall prepare an annual inspection report for presentation to the GHAD Board of Directors. 3.0 GLOSSARY Engineer’s Report - The document that establishes the individual property owners’ GHAD assessment based on the projected expenses (budget) of the GHAD. Geological Hazard Abatement District (GHAD) Manager – An entity employing a licensed Geotechnical Engineer who will oversee the operations of the GHAD including preparation of GHAD budgets. The GHAD Manager is hired by and reports to the GHAD Board of Directors. January 2016 Annotated Official Minutes 208 4.0 OWNERSHIP AND MANAGEMENT Ownership, funding sources and maintenance responsibilities shall be as shown on the following table and Figure 1. TABLE 4.0-1 PODVA PROPERTY/WIEDEMAN RANCH GHAD Long-Term Ownership and Management Matrix Facility/Function Maintenance Entity Funding Tentative GHAD Acceptance Date or Minimum Initial Monitoring Term Ownership 1. Development Area a. Single-Family Residential Parcels (20 units) Private Private Not Applicable Private b. Neighborhood Common Areas i. Landscaping ii. Irrigation iii. Fencing HOA HOA Fees Not Applicable HOA c. Public Roadways Town of Danville Town of Danville Not Applicable Town of Danville d. Storm Drain System Town of Danville Town of Danville Not Applicable Town of Danville 2. Open Space – Parcels “A” and “B” Plan of Control Defined Activities (Three (3) Year Minimum Initial Monitoring Period) a. Bioretention cells Developer Private Funding 3 Years Developer b. Detention Basin Developer Private Funding 3 Years Developer c. Storm Drain System including Trash Rack Developer Private Funding 3 Years Developer d. Vegetation Management for Fire Suppression Developer Private Funding 3 Years Developer e. Slopes and Surface Drainage Improvements Developer Private Funding 3 Years Developer f. Retaining Walls, Gates, and Fencing Developer Private Funding 3 Years Developer g. Trail Developer Private Funding 3 Years Developer Plan of Control Defined Activities (Post Initial Monitoring Period) a. Bioretention cell GHAD Assessment Perpetual GHAD b. Detention Basin GHAD Assessment Perpetual GHAD c. Storm Drain System including Trash Rack GHAD Assessment Perpetual GHAD d. Vegetation Management for Fire Suppression GHAD Assessment Perpetual GHAD e. Slopes and Surface Drainage Improvements GHAD Assessment Perpetual GHAD January 2016 Annotated Official Minutes 209 Facility/Function Maintenance Entity Funding Tentative GHAD Acceptance Date or Minimum Initial Monitoring Term Ownership f. Retaining Walls, Gates, and Fencing GHAD Assessment Perpetual GHAD h. Trail GHAD Assessment Perpetual GHAD 5.0 RIGHT-OF-ENTRY GHAD officers, employees, consultants, contractors, agents, and representatives shall have the right to enter upon all lands within the GHAD boundary, as described or shown in Exhibit A, for the purpose of performing the activities described in the Podva Property GHAD Plan of Control. Should the GHAD need to access parcels owned by the Homeowner’s Association, or private residential lots to fulfill its duties under the Plan of Control, the GHAD shall provide the affected landowner and/or resident with 72 hours advanced notice unless, in the reasonable judgment of the GHAD Manager, an emergency situation exists which makes immediate access necessary to protect the public health and safety, in which case no advanced notice is required, but the GHAD shall inform the landowner and/or resident as soon as reasonably possible. The owner or owners of property within the Podva Property shall record a Declaration of Restrictive Covenants, Right of Entry and Disclosures Regarding Geologic Hazard Abatement GHAD (“Declaration”) after recordation of the Parcel Map. The Declaration creates covenants that run with the land and will be binding upon all future owners of property within the Podva Property development, their successors and assigns. January 2016 Annotated Official Minutes 210 REFERENCES 1. Danville Town of, Resolution No. 28-2014, Certifying a Final Environmental Impact Report and Adopting finding of Fact, Adopting Mitigation Measures and a Mitigation Monitoring and Reporting Program, and Approving Preliminary Development Plan – Rezoning Request LEG12 -001, Major Subdivision Request SD 9309, Final Development Plan Request Dev114- 0011 and Tree Removal Request TR14-007 (APN 208-160-007 and 008 – Podva Property – Ponderosa Homes), April 1, 2014. 2 ENGEO, Geotechnical Exploration, Podva Property, Danville, California, Project Number 9160.000.001, August 6, 2014. 3. ENGEO, Preliminary Geotechnical and Fault Evaluation Report, Podva Parcel, Danville, California, Project Number 9160.000.001, August 5, 2011. 4. Carlson, Barbee and Gibson, Vesting Tentative Map, Subdivision 9309, Podva Property, Town of Danville, California, January 2012. 5. Carlson, Barbee and Gibson, Draft Final Map, Subdivision 9309, Podva Property, Town of Danville, California, November 2014. January 2016 Annotated Official Minutes 211 FIGURE 1 Corrective Grading Plan F I G U R E January 2016 Annotated Official Minutes 212 (''69+&'Z(''6&''2(' ' 69 +& 'Z(''6& ''2 R-1R-2K-1AK-3 žžž(''69+&'Z(''6&''2K-1B  (''69+&' Z K-6(''6&''2R-3K-7(''69+&'Z(''6&''21B-21B-31B-51B-41B-61B-71B-1TP-5T P-1 2 T-2 T - 1 TP-6TP-14 TP-9TP-8TP-10T P - 2 T P - 1T P-11T P - 4 T P -3QldQc TcQcTcTcQal#..78+7/%1..78+7/5#02#$.1)417270&+(('4'06+#6'&%+'4$15#0&5610'$4+10'5(14/#6+10/106'4';)4172.#0&5.+&'&'$4+5(#0&'215+6)'1.1)+%%106#%664'0%* '0)'1 6'562+6 '0)'1 $14+0) '0)'1 %41555'%6+10(''6/'6'45%144'%6+8')4#&+0)2.#021&8#2#4%'.&#08+..'%#.+(140+##55*190':2.#0#6+10QalQcTspTcTbrTmQld1-BH6ž-';9#;9+6*9+&6*#0&&'26*4'/18#.#4'#57$&4#+057$&4#+0176(#..K-7R-3T-2TP-11January 2016Annotated Official Minutes213 EXHIBIT A Legal Description and Plats to Accompany Legal Description E X H I B I T A January 2016 Annotated Official Minutes 214 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA January 2016 Annotated Official Minutes 215 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA January 2016 Annotated Official Minutes 216 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA January 2016 Annotated Official Minutes 217 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA January 2016 Annotated Official Minutes 218 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA January 2016 Annotated Official Minutes 219 EXHIBIT B PODVA PROPERTY ANNEXATION Site Geology E X H I B I T B January 2016 Annotated Official Minutes 220 SITE GEOLOGY Site and Geologic Setting The Podva property consists of two Assessor’s Parcels (208-160-007 and 208-160-008) totaling approximately 109 acres located in the Town and Country Planning Area of Danville, California (Figure 1). The property backs to the Las Trampas Regional Wilderness to the west, the Elworthy Property to the south, residential development to the north and east, and is located at the west terminus of Midland Way. The property is currently agricultural with two existing structures, a wooden barn and a metal building. The Podva property is generally characterized by open, rolling, grass-covered hills, to the ridgeline above, with tree-covered drainage channels and scattered trees in open areas. Current elevations range from a high of about 1,100 feet above mean sea level (msl) at a Las Trampas Ridgeline in the southwest corner of the property to a low of about 452 feet above msl at the east extent of the property at the terminus of Midland Way. The easternmost portion of the project is a gently sloping terrace area. The Podva property is located on the west flank of Las Trampas Ridge, a prominent northwest-trending ridge formed by uplifted resistant Miocene sandstones that include the Briones, Cierbo and Nerloy Formations (Ham, 1952, Crane, 1995). The ridge crest is the west flank of the overturned Las Trampas Anticline. The core of the anticline is formed by interbedded sandstone and shale of the Middle Miocene Monterey group and contains the Las Trampas Fault, a Late Quaternary east-vergent thrust fault, mapped just below the ridge crest. The Podva Property is located over the eastern flank of the fold. The bedrock layers underlying the site are overturned, inclined steeply northwest, and include the Monterey Group and the Briones and Cierbo Sandstones. Steeply west-dipping sandstone layers are exposed under the relatively flat eastern terrace area and in the incised drainages that flank the property on the north and south. The Las Trampas Anticline and the Las Trampas Fault are features that are related to the regional structure of the East Bay Hills block, an uplifted range bordered on the east by the Calaveras Fault, an active strike-slip fault generally located at the eastern side of Las Trampas Ridge, and the active Hayward Fault, located approximately 8.8 miles to the southwest. In the site vicinity, northeast-directed shortening between these two faults has resulted in the formation of several folds and thrust faults, including the Las Trampas and Bollinger Faults. Landslide Deposits Much of the Podva property west of the residential development on the lower terrace area consists of a large, deep-seated landslide complex. Crudely stratified soils interpreted as debris fan deposits were encountered at the east limit of the mapped landslide deposit. No evidence of deep-seated landslide displacement or shearing was observed in previous fault trenches excavated in these deposits or along the contact with underlying bedrock. The geotechnical January 2016 Annotated Official Minutes 221 exploration at the site concluded that the veneer of debris fan deposits that mantle the eastern edge of the deep-seated landslide complex have not been displaced by deep-seated slope movements. Locally, smaller, recent landslides have formed on slopes underlain by these deposits as depicted on the Site Plan and Geologic Map. The bedrock exposed at the east side of the project appears to be strong competent, and unaffected by landslide movements. Recently active slump/earthflow landslides are present in the debris fan deposits on the slopes adjacent to the eastern terrace area. It was concluded that these landslides do not appear to have mobilized and flowed great distances due to the fine-grained and cohesive nature of the soils. The previous geotechnical exploration at the site concluded that the risk of direct landslide movement impacts to the proposed development area is low. Seismic Sources The residential development area is not located within a designated California Earthquake Fault Zone for active faults; however, the zone for the Calaveras fault is located on the Podva Property approximately 1,000 feet southwest of the development. A previous fault investigation performed at the Site concluded that no active fault traces cross the development area (ENGEO, 2011). South of the site, the Calaveras fault is considered to be “active” by the State and is believed to accommodate approximately 4mm/year of long-term slip that is well-expressed geomorphically by east-facing fault scarps, saddles and deflected drainages (Hart, 1981). The Calaveras fault bifurcates south of the site near Bollinger Canyon Road, and the well-defined fault traces disappear into a series of large landslide complexes on the east flank of Las Trampas Ridge. The locations of active traces of the Calaveras fault have been evaluated by the State of California (Hart, 1981). The State zone for the Calaveras fault ends at the boundary of the Diablo Quadrangle because, beyond that point, the fault is not “sufficiently active and well-defined” to be included on the State maps. A recent study of the northern portion of the Calaveras fault by Unruh and Kelson (2002) concluded that the slip from the active portion of the fault transfers through the East Bay Hills north and west of Danville via the complex interaction of several fold, thrust fault and strike slip fault structures. Groundwater Groundwater was not encountered in borings, trenches or test pits at the site during the ENGEO geotechnical investigation. Subdrains have been proposed within keyways on the corrective grading plans to control the potential impacts from groundwater. January 2016 Annotated Official Minutes 222 EXHIBIT C PODVA PROPERTY ANNEXATION Funding and Acceptance E X H I B I T C January 2016 Annotated Official Minutes 223 FUNDING AND ACCEPTANCE OF RESPONSIBILITY BY THE GHAD An annual assessment is already being levied for properties in the GHAD under the provisions of the existing Plan of Control and Engineer’s Report. Ultimately, an annual assessment shall be levied on all annexed residential and nonresidential parcels with habitable building areas within the Podva Property development. 1. Activation of Assessment The assessment shall be levied by the GHAD on each individual parcel beginning the first fiscal year following issuance of a building permit for that parcel. 2. Responsibility for GHAD Activities The party that, on the date the Final Map is recorded within the GHAD annexation boundaries owns the developable parcels shown on that Final Map, shall have the responsibility to perform all activities that are anticipated to be transferred to the GHAD. Such responsibility shall be eligible to transfer to the GHAD at 9:00 a.m. on the day exactly three years after the first residential building permit within the annexation area is issued by the Town of Danville provided that the items listed under item No. 4 in this section have been completed. This turn-over date may be extended at the sole discretion of the project developer provided that the assessments shall continue to be levied during the extension period and that notice of such extension is delivered to the GHAD Manager at least 30 days prior to the turn-over date. The petitioners for formation of the GHAD intend that the approximately three-year period between the initial levying of the GHAD assessment and the GHAD becoming responsible to perform activities on property within each Final Map will allow the GHAD to accumulate reserve funds without incurring significant expenses. 3. Ownership of the Open Space Ownership of the open space (Parcels “A” and “B”) will pass from the owner/developers to the GHAD on, or approximately on, the date the GHAD commences its activities and becomes responsible for oversight of the actual physical maintenance of the open space as provided in this section. 4. Process for Transferring Responsibility for GHAD Activities After the Transfer Eligibility Date for parcel(s), the process for transferring responsibility for performing GHAD activities on such parcel(s) shall be as follows: (a) Up to one year in advance of the Transfer Eligibility Date or in any subsequent year, at its discretion, the developer may apply to the GHAD ("Transfer Application") to transfer the responsibility for performing GHAD Activities for parcel(s) to the GHAD. January 2016 Annotated Official Minutes 224 (b) Within 45 days of receiving such notice, a representative of the GHAD shall verify that all the facilities for which the GHAD will have maintenance responsibility have been constructed and maintained according to the City-approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order. (c) Within 15 days of such inspection, the GHAD will send the developer a list ("Punch list") of all of the items that need to be constructed, repaired or otherwise modified. (d) The developer may notify the GHAD when it has completed the items identified on the Punch list. (e) Within 30 days of receipt of such notice, the GHAD shall verify whether all Punch List items have been completed. If such items have been completed, the GHAD shall notify the developer that the GHAD accepts responsibility for performing all future GHAD Activities on the parcel(s). (f) The GHAD shall confirm that the reserve requirement defined in the approved Engineer’s Report has been met. (g) Ownership of the open space shall be transferred from the owner/developers to the District. (h) The owner or owners of property within the Podva property shall record a Declaration of Restrictive Covenants, Right of Entry, and Disclosures Regarding Geologic Hazard Abatement District (“Declaration”) previously approved by the GHAD. As part of the transfer, the developer of parcel(s) to be transferred will provide the GHAD, for its use, copies of the applicable geotechnical exploration reports, grading plans, corrective grading plans, improvement plans, field-verified geologic maps, as-built subdrain plans or other pertinent documents as requested by the GHAD. January 2016 Annotated Official Minutes 225 January 2016Annotated Official Minutes226 January 2016Annotated Official Minutes227 RECOMMENDATION(S): DENY claim submitted by Bronco Don Holdings, LLC (“BDH”) and its members against the GHAD for $118,728 seeking alleged damage to the claimant's building at 3800 Blackhawk Road. FISCAL IMPACT: none BACKGROUND: On September 23, 2014, the Blackhawk Geologic Hazard Abatement District (GHAD) commenced work on a slope stabilization project (project) on the common area hillside owned by the Blackhawk Executive Center Association (BECA). The BECA property is located on the northwest corner of the intersection of Camino Tassajara and Crow Canyon Road, Danville. The property is within the boundaries of the GHAD. The project was constructed above 3800 Blackhawk Road, a separate parcel, located within BECA on the northeast portion of the development. The property at 3800 Blackhawk Road is a one story commercial building, as are the other 4 buildings comprising BECA. The project was primarily comprised of the installation of a drilled subterranean structural reinforced concrete wall with drilled tieback anchors. The project was competed on November 21, 2014. On October 30, 2014 the GHAD Manager was contacted by BDH, the owners of 3800 Blackhawk Road, and notified that an occupant within the building complained of experiencing vibrations as a result of vibratory soil compaction operations conducted by the GHAD contractor. The building owners reported building distress in the form of concrete floor settlement and cracks in adjacent interior partition walls. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: anagha dandekar cliffard 510-622-7551 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 16 To:Blackhawk GHAD Board of Directors From:Patricia E. Curtin, GHAD Attorney and General Manager Date:January 19, 2016 Contra Costa County Subject:Claim submitted by Bronco Don Holdings, LLC and its members against the Blackhawk GHAD January 2016 Annotated Official Minutes 228 BACKGROUND: (CONT'D) In response, the GHAD Manager arranged a site meeting on October 31, 2014 to observe the claimed damage to the building. The GHAD also retained the services of Dr. Sands Figeurs, Professional Geophysicist of Norfleet Consultants to conduct a vibration monitoring study, including the installation of monitoring instrumentation on or near the building. The study determined that any vibrations associated with the GHAD’s project were insufficient to cause damage to the claimant’s building. The GHAD also retained geotechnical engineer Phil Gregory of Cal Engineering & Geology (CE&G), the designer of the GHAD project, and Kent Sasaki of Wiss, Janney, Elster Associates (WJE), a structural engineer, to inspect the site and investigate the claim. Following their investigations, Mr. Gregory and Mr. Sasaki have concluded that the GHAD repair operations did not cause any damage to the claimant’s building. On December 15, 2015, the GHAD received a claim from the Bronco Don Holdings, LLC, owners of 3800 Blackhawk Road, presenting a damages claim against the GHAD for $118,728.00 ATTACHMENTS Blackhawk GHAD board agenda January 2016 Annotated Official Minutes 229 000648.0002\4159735.1 BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD OF DIRECTORS BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET, MARTINEZ, CALIFORNIA 94553-1229 CANDACE ANDERSEN, CHAIR MARY PIEPHO, VICE-CHAIR FEDERAL D. GLOVER, BOARD DIRECTOR KAREN MITCHOFF, BOARD DIRECTOR JOHN GIOIA, BOARD DIRECTOR AGENDA JANUARY 19, 2016 Geologic Hazard Abatement District (GHAD) Board of Directors for Blackhawk Time 9:00a.m. Consent Item: 1. Blackhawk GHAD Board of Directors: SUBJECT: Deny claim by Bronco Don Holdings, LLC and its members against the GHAD for $118,728 seeking alleged damage to its building at 3800 Blackhawk Road. January 2016 Annotated Official Minutes 230 RECOMMENDATION(S): DENY claims filed by State Farm Insurance on behalf of, Evelyn Aguilar, Juana Godinez, Michael Kitterman, et al., and Licia Parsons Waita. FISCAL IMPACT: No fiscal Impact. BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Joellen Balbas 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:Claims January 2016 Annotated Official Minutes 231 RECOMMENDATION(S): ACCEPT Board members meeting reports for December 2015. FISCAL IMPACT: None. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District I and District V had nothing to report for the month of December. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Joellen Balbas 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 19 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:ACCEPT Board Members meeting reports for December 2015 January 2016 Annotated Official Minutes 232 ATTACHMENTS District IV December 2015 report District II December 2015 Report District III December 2015 report January 2016 Annotated Official Minutes 233 Supervisor Karen Mitchoff December 2015 DATE MEETING NAME LOCATION PURPOSE 12/1/2015 CSAC Annual Meeting Monterey Annual Conference 12/2/2015 BAAQMD Mobile Source Committee San FranciscoRegional Air Quality Issues 12/2/2015 CCTA Planning Committee Walnut Creek Decisions on agenda items 12/3/2015 Contra Costa County Watershed Symposium Pleasant Hill Water Advocacy 12/3/2015 Hiring Outreach and Oversight Committee Martinez Decisions on agenda items 12/3/2015 Mayor's Conference Concord Community Outreach 12/8/2015 Board of Supervisors Meeting Martinez Decisions on agenda items 12/10/2015 TRANSPAC Meeting Pleasant Hill Decisions on agenda items 12/10/2015 Concord Chamber's Holiday Luncheon Concord Community Outreach 12/10/2015 CCCSWA Board Meeting Walnut Creek Decisions on agenda items 12/11/2015 Contra Costa Health Plan Joint Conference Committee Martinez Decisions on agenda items 12/14/2015 Internal Operations Committee Martinez Decisions on agenda items 12/15/2015 Board of Supervisors Meeting Martinez Decisions on agenda items 12/16/2016 BAAQMD Board Meeting San FranciscoRegional Air Quality Issues 12/16/2015 CCTA Board Meeting Walnut Creek Regional Transportation Issues 12/17/2015 Meeting w/Secretary Laird Sacramento Water Advocacy January 2016 Annotated Official Minutes 234 Supervisor Candace Andersen – Monthly Meeting Report December 2015 Date Meeting Location 1-4 CSAC Conference Monterey 7 O & S Danville 7 TWIC Martinez 8 Board of Supervisors Martinez 9 CCCERA Concord 9 LAFCO Martinez 9 Mental Health Commission Concord 10 East Bay EDA Oakland 10 CCCSWA Walnut Creek 11 JCC Martinez 14 Familly & Human Martinez 15 Board of Supervisors Martinez 16 CCCERA Concord 17 CCCTA Concord January 2016 Annotated Official Minutes 235 Date Meeting Name Location Purpose 1-Dec CSAC Conference Monterey Business Meeting 2-Dec CSAC Conference Monterey Business Meeting 3-Dec CSAC Conference Monterey Business Meeting 4-Dec CSAC Conference Monterey Business Meeting 7-Dec Meeting with Supervisor Karen Mitchoff, Brentwood City Manager, Gus Vina and East Contra Costa Fire Protection Advisory Board Members Concord Business Meeting 7-Dec Meeting with Alvaro Fuentas, Community Clinic Consortium Martinez Business Meeting 7-Dec Meeting with Fire Chief Jeff Carman, Contra Costa Fire Protection District Martinez Business Meeting 7-Dec Transportation, Water & Infrastructure Committee Meeting Martinez Business Meeting 7-Dec Meeting with County Administrator, David Twa Martinez Business Meeting 7-Dec Meeting with Director of County Airports, Keith Freitas Martinez Business Meeting 7-Dec East Contra Costa Fire Protection District Meeting Oakley Business Meeting 8-Dec Board of Supervisors Meeting Martinez Business Meeting 8-Dec Housing Authority Meeting Martinez Business Meeting 8-Dec Contra Costa County Fire Protection District Meeting Martinez Business Meeting 9-Dec Los Arboles Children's Center Tour Oakley Community Outreach 9-Dec Phone Meeting with Fire Commissioner, Ed Haines Brentwood Business Meeting 9-Dec Speaking Engagement at East Bay Republican Womens Club Discovery Bay Community Outreach 9-Dec LAFCO Meeting Martinez Business Meeting 10-Dec Meeting with Elaine Welch, Executive Director of Mobility Matters Martinez Business Meeting Supervisor Mary Nejedly Piepho – December 2015 AB1234 Report (Government Code Section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). January 2016 Annotated Official Minutes 236 10-Dec Meeting with San Ramon Valley Fire Protection District Martinez Business Meeting 10-Dec East Contra Costa Regional Fee & Finance Authority Meeting Antioch Business Meeting 10-Dec State Route 4 Bypass Authority Antioch Business Meeting 10-Dec Transplan Meeting Antioch Business Meeting 11-Dec Delta Areawide Technical Planning Meeting Davis Business Meeting 14-Dec Phone Meeting with Executive Director, Erik Vink, Delta Protection Commission Brentwood Business Meeting 14-Dec East Contra Costa County Habitat Conservancy Meeting Pittsburg Business Meeting 14-Dec * Phone Meeting with Delta Stewardship Council Brentwood Business Meeting 14-Dec Meeting with County Staff and Contra Costa Transportation Authority Brentwood Business Meeting 14-Dec District III Holiday Open House Brentwood Community Outreach 14-Dec District III Holiday Dinner Brentwood Business Meeting 15-Dec Board of Supervisors Meeting Martinez Business Meeting 15-Dec Constituent Meeting Pleasant Hill Business Meeting 16-Dec Tri Delta Transit Meeting Antioch Business Meeting 17-Dec * Delta Stewardship Council Meeting Sacramento Business Meeting 17-Dec Contra Costa County Fire Commissioners Association Dinner Concord Community Outreach * Reimbursement may come from an agency other than Contra Costa County January 2016 Annotated Official Minutes 237 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Stephen Baiter 602-6820 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 21 To:Board of Supervisors From:Stephen Baiter, Workforce Development Board Director Date:January 19, 2016 Contra Costa County Subject:Recognizing the contributions of the Workforce Development Board January 2016 Annotated Official Minutes 238 AGENDA ATTACHMENTS Resolution No. 2016/42 MINUTES ATTACHMENTS Signed Resolution No. 2016/42 January 2016 Annotated Official Minutes 239 In the matter of:Resolution No. 2016/42 IN THE MATTER OF RECOGNIZING MEMBERS OF THE WORKFORCE DEVELOPMENT BOARD OF CONTRA COSTA COUNTY UNDER THE WORKFORCE INVESTMENT ACT (WIA) OF 1998 FOR OUTSTANDING VOLUNTEER SERVICE. WHEREAS, Workforce Development Board members have consistently provided outstanding volunteer service to Contra Costa County and its many programs and initiatives; and WHEREAS, Workforce Development Board members have effectively represented the needs and interests of a diverse range of constituencies of the Workforce Development Board of Contra Costa County; and WHEREAS, Workforce Development Board members have supported the Workforce Development Board of Contra Costa County through efforts in the community and the larger workforce development system; and WHEREAS, the Workforce Development Board of Contra Costa County has been most fortunate to have had people of such capabilities and dedication providing this loyal service; and WHEREAS, Workforce Development Board members are being honored with their peers who have been members of the Workforce Development Board at the occasion of the Board of Supervisors meeting on January 19, 2016 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes Workforce Development Board members for their many contributions to the Workforce Development Board of Contra Costa County under the Workforce Investment Act of 1998 and congratulates them for their contributions toward the many endeavors the Workforce Development Board undertook to support the overall well-being and economic vitality of our county, its businesses, and its residents. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V 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: January 19, 2016 David J. Twa, By: ____________________________________, Deputy January 2016 Annotated Official Minutes 240 PR.1, C.21 January 2016 Annotated Official Minutes 241 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 20 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:January 19, 2016 Contra Costa County Subject:Resolution recognizing Andy and Wendy Scheck selected as the 2016 Lafayette "Marquis" Business Persons of the Year. January 2016 Annotated Official Minutes 242 AGENDA ATTACHMENTS Resolution No. 2016/38 MINUTES ATTACHMENTS Signed Resolution No. 2016/38 January 2016 Annotated Official Minutes 243 In the matter of:Resolution No. 2016/38 Recognizing Andy and Wendy Scheck as Lafayette's 2016 "Marquis" Business Persons of the year. Whereas, Andy and Wendy Scheck are the publishers of the Lamorinda Weekly, a local newspaper they started in 2007; and Whereas, at a time when it seemed like printed news would become extinct, the Schecks started a small business providing a traditional way of getting local news that is still appreciated by many in our technology driven world; and Whereas, Andy and Wendy Scheck provide the Lamorinda Weekly free to the citizens of Lafayette, Moraga, and Orinda, providing important and timely information on issues facing the Lamorinda area; and Whereas, the content is well written, interesting, and local to Lafayette, Moraga and Orinda, with comprehensive and relevant information for the readers, including local sports, municipal coverage, details of what is happening in the area’s schools, and features that focus specifically on life in Lamorinda; and Whereas, Andy also serves as an active member in the Rotary Club of Lafayette and he and Wendy participate in many events supporting the Lamorinda community. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby honor Andy & Wendy Scheck for their dedication to the residents of Lamorinda. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V 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: January 19, 2016 David J. Twa, By: ____________________________________, Deputy January 2016 Annotated Official Minutes 244 C.20 January 2016 Annotated Official Minutes 245 RECOMMENDATION(S): RECEIVE the 2015-2016 report of the Auditor-Controller that contains the property tax-related costs of the Assessor, Tax Collector, Auditor and Assessment Appeals Board for the 2014-2015 fiscal year, as required by Resolution No. 97/129; 1. FIX March 1, 2016 at 9:30 a.m. for a public hearing on the determination of property tax administrative costs;2. DIRECT the Clerk of the Board to notify affected local jurisdictions of the public hearing; and3. DIRECT the Clerk of the Board to prepare and publish the required legal notice and make supporting documentation available for public inspection. 4. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Lisa Driscoll (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller C. 22 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:Property Tax Administrative Cost Recovery January 2016 Annotated Official Minutes 246 FISCAL IMPACT: None. The report details the property tax-related costs of the County in fiscal year 2014-2015 in order to determine the amount of cost recovery in fiscal year 2015-2016. The determination of the property tax administrative costs will occur at the hearing on March 1, 2016. BACKGROUND: In 1997, the Board of Supervisors adopted Resolution No. 97/129 which provides procedures for property tax administrative cost recovery. The recommended actions are necessary for implementation of Resolution No. 97/129 for the current fiscal year. CONSEQUENCE OF NEGATIVE ACTION: If the hearing is not set to consider and adopt the finding of property tax costs, the costs cannot be recovered, resulting in a loss of General Fund revenue in the current fiscal year. ATTACHMENTS 2015-16 Property Tax Administrative Cost Recovery report January 2016 Annotated Official Minutes 247 January 2016 Annotated Official Minutes 248 January 2016 Annotated Official Minutes 249 January 2016 Annotated Official Minutes 250 January 2016 Annotated Official Minutes 251 January 2016 Annotated Official Minutes 252 January 2016 Annotated Official Minutes 253 January 2016 Annotated Official Minutes 254 January 2016 Annotated Official Minutes 255 January 2016 Annotated Official Minutes 256 January 2016 Annotated Official Minutes 257 January 2016 Annotated Official Minutes 258 January 2016 Annotated Official Minutes 259 January 2016 Annotated Official Minutes 260 January 2016 Annotated Official Minutes 261 January 2016 Annotated Official Minutes 262 January 2016 Annotated Official Minutes 263 January 2016 Annotated Official Minutes 264 January 2016 Annotated Official Minutes 265 January 2016 Annotated Official Minutes 266 RECOMMENDATION(S): ACCEPT the resignation of the following person and DECLARE a vacancy of the District II Alternate Seat on the First 5 Contra Costa Children and Families Commission effective immediately, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Candace Andersen: Belinda Lucey 35 Ashford Place Moraga, CA 94556 FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Board of Supervisors established the First 5 Contra Costa Children and Families Commission on June 15, 1999 (Ordinance 99-15). The Board appointed nine Commission members and nine Alternate members on September 1, 1999. Members include one Supervisor from the County Board of Supervisors, the Director of Health Services and Employment and Human Services, and a representative from the County Administrator’s Office of Children’s Services. The other five members of the Commission are appointed by the Board of Supervisors and represent each Supervisorial District. Commissioners and Alternate Commission members represent various disciplines and backgrounds including pediatrics, early childhood education, child welfare, and schools. Alternate members, including second representatives from the Board of Supervisors, the county agencies mentioned above, and the five districts, hold all the powers of the appointed Commissioners except voting privileges. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: District 2 Supervisor, Maddy Book, FIRST 5, Appointee C. 23 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:January 19, 2016 Contra Costa County Subject:RESIGNATION FROM THE FIRST 5 CONTRA COSTA CHILDREN AND FAMILIES COMMISSION January 2016 Annotated Official Minutes 267 January 2016 Annotated Official Minutes 268 CONSEQUENCE OF NEGATIVE ACTION: The seat will remain filled without the benefit of a member in attendance. January 2016 Annotated Official Minutes 269 RECOMMENDATION(S): APPROVE Appropriations Adjustment No. 5039 authorizing the transfer of appropriations in the amount of $161,628 from the Probation Programs (0308) to Probation Facilities (0309). FISCAL IMPACT: This action increases appropriations in Probation Facilities (0309) and decreases appropriations in Probation Programs(0308)by $161,628. No change in net county cost. BACKGROUND: Due to operational needs and a lawsuit settlement the Probation Department is eliminating a Deputy Probation Officer position in the field and adding an Institutional Supervisor I in the Juvenile Hall. Personnel costs and benefits need to be moved to Probation Facilities to cover the increase in expected expenditures. CONSEQUENCE OF NEGATIVE ACTION: The new expenditures will not be properly recognized in the department operating budget. CHILDREN'S IMPACT STATEMENT: Not applicable APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 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:Philip F. Kader, County Probation Officer Date:January 19, 2016 Contra Costa County Subject:App Adj Transfering Funds from Probation Programs to Probation Facilities January 2016 Annotated Official Minutes 270 AGENDA ATTACHMENTS Appropriation Adjustment No. 5039 MINUTES ATTACHMENTS Signed: Appropriation Adjustment No. 5039 January 2016 Annotated Official Minutes 271 January 2016Annotated Official Minutes272 January 2016Annotated Official Minutes273 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5036 authorizing new revenue in the amount of $318,299 in Community Corrections Performance Incentives Fund(0477) from the State of California and appropriating it for the provision of services for the adult felony probation population and authorizing new revenue in the amount of $318,299 in Probation Programs (0308) and appropriate it for the addition of staff in the adult probation division. FISCAL IMPACT: This action increases revenue by $318,299. 100% State; No match is required. BACKGROUND: The California Community Corrections Performance Incentive Act of 2009 (SB 678) established a system of performance-based funding that shares state General Fund savings with county probation departments when they demonstrate success in reducing the number of adult felony probationers going to state prison because of committing new crimes or violating the terms of probation. This measure is designed to help decrease California's prison admissions by reducing criminal behavior, and thus relieve prison overcrowding and save public funds. Based on a jurisdiction's success, measured by the reduction of felony probationers who are sent to prison, the state shares a portion of its savings achieved with those jurisdictions that are successful in reducing the number of felony probationers committed to state prison. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Danielle Fokkema 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 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:Philip F. Kader, County Probation Officer Date:January 19, 2016 Contra Costa County Subject:Appropriation Adjustment SB678 January 2016 Annotated Official Minutes 274 CONSEQUENCE OF NEGATIVE ACTION: The new revenue and associated expenditures will not be properly recognized in the department operating budget. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS Appropriation Adjustment No. 5036 MINUTES ATTACHMENTS Signed: Appropriation Adjustment No. 5036 January 2016 Annotated Official Minutes 275 January 2016Annotated Official Minutes276 January 2016Annotated Official Minutes277 January 2016Annotated Official Minutes278 January 2016Annotated Official Minutes279 RECOMMENDATION(S): Approve Appropriation Adjustment No. 5038 authorizing the transfer of $110,000 from the Behavioral Health Homeless Program fund to the General Services fund for the purchase of one (1) Ford Escape Flex Fuel, one (1) Ford CMAX Hybrid, one (1) Ford Fusion Hybrid and one (1) Ford Transit Connect Van to expand services within the Homeless Housing and Shelter program. FISCAL IMPACT: The purchase of these automobiles will be funded by the Albertoni Trust Fund received by the Homeless Program. Allocation adjustments through a T/C 24 will facilitate the fund transfer to the proper disbursement account. BACKGROUND: Vehicles are required as part of the Homeless Program operations. Additional capacity is required to support the growing need for expanded services offered to consumers in the Homeless Housing and Shelter Program. These vehicles will be used by case managers to deliver counseling and support services to consumers living in permanent supportive housing that is scattered throughout Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Cynthia Belon, 957-5202 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: T Scott, M Wilhelm, Rick Berbano C. 25 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Approval to Purchase four vehicles for the Homeless Housing and Shelter Program January 2016 Annotated Official Minutes 280 BACKGROUND: (CONT'D) Additionally they can transport consumers to appointments such as medical and behavioral health appointments, as well to activities such as grocery shopping that teach life skills. The van will be used at the shelters to transport multiple consumers to their medical or housing appointments. CONSEQUENCE OF NEGATIVE ACTION: Vehicles are required to coordinate the consumer’s system of care, and transportation is a part of their case plans. Homeless consumers have a lack of resources and a complexity of need that often require counseling and transportation support to meet their activities of daily living. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS TC 24/27 No. 5038 MINUTES ATTACHMENTS Signed: Appropriation Adjustment No. 5038 January 2016 Annotated Official Minutes 281 January 2016Annotated Official Minutes282 January 2016Annotated Official Minutes283 January 2016Annotated Official Minutes284 January 2016Annotated Official Minutes285 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21816 to add one (1) Deputy County Counsel - Standard - Exempt (2ET2) (unrepresented) position at salary level B8B 2097 ($9,280 - $11,031) in the Office of the County Counsel. FISCAL IMPACT: If approved, this action will result in a total annual cost of $152,575, which is charged out to departments. 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 practice, so that the Office can efficiently and effectively satisfy the County's legal demands. CONSEQUENCE OF NEGATIVE ACTION: County Counsel will be unable to recruit and hire an attorney into this deep class, to the detriment of County clients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Lisa Lopez, Cheryl Koch, Lashonda Smith, Wanda McAdoo, James Hicks C. 29 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:January 19, 2016 Contra Costa County Subject:Add one full-time Deputy County Counsel - Standard - Exempt position in the Office of the County Counsel January 2016 Annotated Official Minutes 286 AGENDA ATTACHMENTS AIR 24384 P300 21816 MINUTES ATTACHMENTS P300 #21816 signed January 2016 Annotated Official Minutes 287 POSITION ADJUSTMENT REQUEST NO. 21816 DATE 1/19/2016 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. 21816 to add one (1) full-time Deputy County Counsel - Standard - Exempt (2ET2) (unrepresented) position at salary level B8B 2097 ($9280.74 - $11,031.88) in the Office of the County Counsel. Proposed Effective Date: 1/20/2016 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 $152,575.00 Net County Cost $0.00 Total this FY $63,573.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Generated Revenues 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 Lisa Driscoll, County Finance Director 1/11/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/11/2016 ADD one full-time Deputy County Counsel - Standard - Exempt (2ET2) (unrepresented) position at salary level B8B 2097 ($9,280.74 - $ 11,031.88) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) LaShonda Smith, HR Consultant ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/11/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Lisa Driscoll, County Finance Director 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 January 2016 Annotated Official Minutes 288 REQUEST FOR PROJECT POSITIONS Department Date 1/14/2016 No. xxxxx 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 January 2016 Annotated Official Minutes 289 January 2016Annotated Official Minutes290 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21803 to add one (1) Institutional Supervisor I (7KHA) (represented) position at Salary Plan and Grade PK5 1628 ($5,855 - $7,117) and cancel one (1) Deputy Probation Officer III (7ATA) (represented) position #605 at Salary Plan and Grade PP5 1574 ($5,207 - $6,329) in the Probation Department. FISCAL IMPACT: Upon approval, this personnel action will have an annual cost of approximately $23,726 of which $13,262 is attributable to pension costs. The additional costs will come from existing appropriations in budget unit 0308. 100% General Fund BACKGROUND: In August 2013, Disability Rights Advocates (DRA), a nonprofit organization dedicated to advancing the rights of disabled persons, initiated a class-action lawsuit against Contra Costa County and the Contra Costa County Office of Education. This lawsuit alleged that the Probation Department denied juveniles with disabilities educational services required by federal law and challenges the use of room confinement as a disciplinary measure. The Probation Department strongly disputed the allegations made in the complaint. However, the Department was aware of the challenges APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Danielle Fokkema, Fina Prak, James Hicks, Cindy Nieman, Cheryl Vallor, Barbara Vargen-Kotchevar C. 27 To:Board of Supervisors From:Philip F. Kader, County Probation Officer Date:January 19, 2016 Contra Costa County Subject:Add One Institutional Supervisor I Position and Cancel One Deputy Probation Officer III January 2016 Annotated Official Minutes 291 BACKGROUND: (CONT'D) it faced in disciplining Juvenile Hall residents while continuing to meet their educational needs and maintaining the safety and security of all of the juveniles housed at Juvenile Hall, the staff, and the facility itself. The Department sought to resolve this lawsuit through early settlement discussions with the DRA, but those efforts were unsuccessful. To maximize limited financial resources, the Department decided to initiate an immediate assessment of disciplinary practices at Juvenile Hall. The Department retained Professor Latessa and his staff and developed a new behavior management system for Juvenile Hall, including a more effective way to use room confinement without compromising the safety and security of the facility. The new behavior management system focuses on providing incentives to juveniles to engage in positive behavior rather than relying on discipline and punishment to discourage negative behavior. This emphasis on positive reinforcement reflected a philosophical change in the Department's approach to behavioral issues. As a first step toward development of the new behavior management system, Probation Department staff assigned to Juvenile Hall as well as others assigned to work at Juvenile Hall, such as teachers from the County Office of Education and therapists from the Health Services Department, received training by Professor Latessa's group. The training focused on correctional institution practices. The next step required Professor Latessa and his staff to develop a new security policy and a new incentive program. As the Probation Department worked to implement the new behavior management system it became clear that another Institutional Supervisor I was necessary to properly implement the new system. CONSEQUENCE OF NEGATIVE ACTION: The Juvenile Hall will lack sufficient staff to properly implement the new behavioral management system. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: "Children are Healthy and Ready for School", "Youth Are Healthy and Preparing for Adulthood", and "Families and Communities Are Safe." AGENDA ATTACHMENTS Position Adjustment Resolution No. 21803 MINUTES ATTACHMENTS P300 #21803 signed January 2016 Annotated Official Minutes 292 POSITION ADJUSTMENT REQUEST NO. 21803 DATE 12/18/2015 Department No./ Department Probation Budget Unit No. 0308 Org No. 3120 Agency No. 30 Action Requested: ADOPT Position Adjustment Resolution No. 21803 to add one (1) Institutional Supervisor I(7KHA) (represented) position and cancel one (1) Deputy Probation Officer III (7ATA) (represented) position #605 in the Probation Department. Proposed Effective Date: 1/6/2016 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost $23,726.00 Net County Cost $23,726.00 Total this FY $10,874.00 N.C.C. this FY $10,874.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Danielle Fokkema ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT TME 12/21/2015 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12/28/2015 ADOPT Position Adjustment Resolution No. 21803 to add one (1) Institutional Supervisor I (7KHA) (represented) position at salary plan and grade PK5 1628 ($5,855 - $7,117) and cancel one (1) Deputy Probation Officer III (7ATA) (represented) position #605 at salary plan and grade PP5 1574 ($5,207 - $6,329) in the Probation Department. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Fina Prak, Human Resource Consultant ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/31/2015 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy Ewell 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 January 2016 Annotated Official Minutes 293 REQUEST FOR PROJECT POSITIONS Department Date 12/31/2015 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 January 2016 Annotated Official Minutes 294 January 2016Annotated Official Minutes295 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21802 to add two (2) Deputy Probation Officer III (7ATA) (represented) positions at Salary Plan and Grade PP5 1574 ($5,207 - $6,329), add one (1) Probation Supervisor I (7AHA) (represented) position at Salary Plan and Grade PK5 1712 ($6,363 - $7,734) and add one (1) Clerk Specialist (JWXD) (represented) position at Salary Plan and Grade 3RX 1156 ($3,487 - $4,453) in the Probation Department. FISCAL IMPACT: Upon approval, this personnel action will have an annual cost of approximately $636,598. 100% SB678 State Revenue. BACKGROUND: In 2009, in an effort to reduce prison populations, the legislature passed Senate Bill (SB) 678, the Community Corrections Performance Incentives Act (CCPIA), which provided funding to County Probation Departments to implement evidence-based practices for the Adult Probation population. In 2011, the legislature passed Assembly Bill (AB) 109 which transferred responsibility for supervising specific low-level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to counties. These two pieces of legislation began the largest criminal APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Danielle Fokkema, Fina Prak, James Hicks, Cindy Nieman, Cheryl Vallor, barbara vargen C. 28 To:Board of Supervisors From:Philip F. Kader, County Probation Officer Date:January 19, 2016 Contra Costa County Subject:Add two Deputy Probation Officer III positions, add one Probation Supervisor I position and add one Clerk Specialist position January 2016 Annotated Official Minutes 296 BACKGROUND: (CONT'D) justice realignment in the history of the State of California. The department's share of AB109 revenue has not increased over the last few years while the County's needs have increased. Probation has saved a portion of its SB678 revenue over the last few years. Rather than request an increase in the AB109 allocation from the Community Corrections Partnership (CCP) to fund positions needed to address the needs of returning citizens, the Probation Department will use SB678 to cover these positions. CONSEQUENCE OF NEGATIVE ACTION: The Probation Department will not be able to adequately meet the needs of citizens returning to Contra Costa County from State prison. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS Position Adjustment Resolution No. 21802 MINUTES ATTACHMENTS P300 #21802 signed January 2016 Annotated Official Minutes 297 POSITION ADJUSTMENT REQUEST NO. 21802 DATE 12/18/2016 Department No./ Department Probation Budget Unit No. 0308 Org No. 3033 Agency No. 30 Action Requested: ADOPT Position Adjustment Resolution No. 21802 to add two (2) Deputy Probation Officer III (7ATA) (represented) position, add one Probation Supervisor I (7AHA) (represented) position and add one (1) Clerk Specialist (JWXD) (represented) position in the Probation Department. Proposed Effective Date: 1/6/2015 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 $636,598.00 Net County Cost $636,598.00 Total this FY $318,299.00 N.C.C. this FY $318,299.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT SB678 Revenue Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Philip Kader ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Tim Ewell 12/21/2015 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12/28/2015 ADOPT Position Adjustment Resolution No. 21802 to add two (2) Deputy Probation Officer III (7ATA) (represented) positions at salary plan and grade PP5 1574 ($5,207 - $6,329), add one Probation Supervisor I (7AHA) (represented) position at plan and grade PK5 1712 ($6,363 - $7,734) and add one (1) Clerk Specialist (JWXD) (represented) position at salary plan and grade 3RX 1156 ($3,487 - $4,453) in the Probation Department. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Fina Prak, Human Resource Consultant ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/31/2015 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy Ewell 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 January 2016 Annotated Official Minutes 298 REQUEST FOR PROJECT POSITIONS Department Date 12/31/2015 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 January 2016 Annotated Official Minutes 299 January 2016Annotated Official Minutes300 RECOMMENDATION(S): APPROVE the addition of two, five-percent (5%) steps to the top of the County Administrator (ADA2) salary range [from salary level BD2 7994 ($278,619.12) one (1) step salary range to salary level BD2 7994 ($278,619.12 - $307,177.58) three (3) step salary range]; and APPROVE an amendment to the Employment Agreement between the County and David J. Twa, County Administrator, dated July 1, 2013, to authorize a 5% step increase effective January 1, 2016, and a 5% step increase effective January 1, 2017, and to increase the deferred compensation benefit by $1,000. FISCAL IMPACT: The maximum cost of this action for fiscal year 2015/16 would be $9,702 including $2,514 in pension costs. BACKGROUND: On December 15, 2015 the Board of Supervisors conducted the annual performance review of the County Administrator. Based on that review, and satisfactory performance it is recommended that the current base salary of the County Administrator of $278,619.29 be adjusted by 5% effective January 1, 2016, and an additional 5% effective January 1, 2017. Additionally, it is recommended that an increase of $1,000 be added to the County’s contribution to the County Administrator’s Deferred Compensation Account effective July 1, 2016 and each year thereafter. This amendment does not change the term of the contract, which expires on December 31, 2017. All other provisions of the current employment contract will remain in full force and effect. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Robert Campbell, County Auditor-Controller, Lisa Lopez, Assistant Director of Human Resources C. 30 To:Board of Supervisors From:Supervisor Mary N. Piepho and Supervisor John Gioia Date:January 19, 2016 Contra Costa County Subject:AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND DAVID J. TWA January 2016 Annotated Official Minutes 301 CONSEQUENCE OF NEGATIVE ACTION: The proposed salary steps will not be added to the County Administrator salary range, and the County Administrator’s contract will not be amended. ATTACHMENTS Contract Amendment January 2016 Annotated Official Minutes 302 January 2016 Annotated Official Minutes 303 January 2016 Annotated Official Minutes 304 RECOMMENDATION(S): ADOPT Resolution No. 2016/44, approving the side letter between Contra Costa County and Probation Peace Officers of Contra Contra County to revise Subsection E of Section 43 - Special Benefits.. FISCAL IMPACT: None. This is an administrative agreement and has no fiscal impact on its own. BACKGROUND: The County and the Probation Peace Officers of Contra Costa County have agreed to revise the memorandum of understanding language regarding professional development allowance. The change will allow eligible employees to be reimbursed up to four hundred dollars ($400) for each two year period rather than up to two hundred dollars ($200) per fiscal year. CONSEQUENCE OF NEGATIVE ACTION: If the side letter is not approved, employees will be reimbursed up to two hundred dollars ($200) per year rather than up to four hundred dollars ($400) for each two year period. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Philip Kader, County Probation Officer, Robert Campbell, County Auditor-Controller C. 31 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:Resolution No. 2016/44 Probation Peace Offiers Association Side Letter - Agreement Regarding Professional Development January 2016 Annotated Official Minutes 305 AGENDA ATTACHMENTS Resolution No. 2016/44 DSA Side Letter - Probation Peace Officer Side Letter - Professional Development MINUTES ATTACHMENTS Res 2016/44 signed January 2016 Annotated Official Minutes 306 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/44 In The Matter Of: Approving the Side Letter between Contra Costa County and Probation Peace Officers of Contra Contra County to amend the MOU by revising subsection E of Section 43 - Special Benefits. The Contra Costa County Board of Supervisors acting in its capacity as Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: Effective following approval of the Board of Supervisors, the attached Side Letter of Agreement dated January 13, 2016, between Contra Costa County and Probation Peace Officers of Contra Contra County, be ADOPTED. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Philip Kader, County Probation Officer, Robert Campbell, County Auditor-Controller 4 1 January 2016 Annotated Official Minutes 307 January 2016Annotated Official Minutes308 January 2016Annotated Official Minutes309 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to execute a contract amendment with the California Department of Education to increase the payment limit by $600,469 to new amount not to exceed $9,123,236 to provide State Preschool services, with no change to term July 1, 2015 through June 30, 2016. FISCAL IMPACT: County to receive up to $9,123,236: State 76.9% ($7,020,016); Federal 23.1% ($2,103,220) No County match. CFDA #s 93.596 ($1,566,055) and 93.575 ($537,165). State Agreement CSPP 5044, Amend 1 / CCC Agreement 39-908-19 BACKGROUND: The California Department of Education notified the Department on June 3, 2015 of the 2015-16 funding allocation of the California State Preschool program services. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: CSB (925) 681-6333 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Eric Pormento, Ressie Dayco, Cassandra Youngblood C. 33 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:January 19, 2016 Contra Costa County Subject:2015-16 California Department of Education Preschool Program revenue contract amend #1 January 2016 Annotated Official Minutes 310 BACKGROUND: (CONT'D) County receives funds from the California Department of Education to provide state preschool services to program eligible County residents. The program is operated by the Employment and Human Services Department, Community Services Bureau. The board approved receipt of funding on June 15, 2016. Throughout the program year, the State routinely adds funds to the program; this board order seeks approval to accept additional funding. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not receive funding to operate these childcare programs. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department, Community Services Bureau supports three of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 3) "Families that are Economically Self-sufficient"; and, 4) "Families that are Safe, Stable, and Nurturing" by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. January 2016 Annotated Official Minutes 311 RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute Memorandum of understanding - California Seed Law #15-sd07 with the California Department of Food and Agriculture (CDFA) to pay the County an amount not to exceed $100 to enforce California seed marketing and labeling requirements for the period July 1, 2015 - June 30, 2016. FISCAL IMPACT: This Memorandum of understanding will reimburse the department up to $100 for services. There is no cost share requirement and the revenue has been anticipated in the departmental FY 15/16 budget. BACKGROUND: The goal of seed law enforcement (Section 52288, California Food and Agricultural code) is to protect seed consumers, including vegetable and field crop growers, as well as urban landscapers. Poor quality seeds can cost farmers and home gardeners alike considerable amounts of time, money, and resources, by way of reduced yields, poor crop quality, contamination by weeds or other unwanted species. By enforcing California Seed Law regarding marketing and labeling, the Department is able to ensure that consumers receive the desired product, and that there is supportive legal action for those who are wronged. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Agriculture Dept. (925) 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 32 To:Board of Supervisors From:Chad Godoy, Director of Agriculture/Weights & Measures Date:January 19, 2016 Contra Costa County Subject:MOU - California Seed Law 15-sd07 January 2016 Annotated Official Minutes 312 CONSEQUENCE OF NEGATIVE ACTION: Disapproval of the request would mean loss of revenue to the department for a mandated program. CHILDREN'S IMPACT STATEMENT: None ATTACHMENTS MOU Seed Law January 2016 Annotated Official Minutes 313 January 2016 Annotated Official Minutes 314 January 2016 Annotated Official Minutes 315 January 2016 Annotated Official Minutes 316 January 2016 Annotated Official Minutes 317 January 2016 Annotated Official Minutes 318 January 2016 Annotated Official Minutes 319 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract, including modified indemnification language, with Little Angels Country School LLC, in an amount not to exceed $201,647, to provide State Preschool and Head Start program services, for the term July 1, 2015 through June 30, 2016. FISCAL IMPACT: $37,565 in Federal funds / CFDA #93.600 Administration for Children & Families $164,082 in State funds California Department of Education BACKGROUND: Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start and Early Head Start services to program eligible County residents. Contra Costa also receives funds from APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: CSB (925) 681-6346 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Ericka Ramirez, Eric Pormento, Cassandra Youngblood C. 52 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:January 19, 2016 Contra Costa County Subject:2015-16 Little Angels Country School LLC childcare contract January 2016 Annotated Official Minutes 320 BACKGROUND: (CONT'D) California Department of Education (CDE) to provide State Preschool services to program eligible County residents. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. In order to provide a wider distribution of services to County residents, the Department subcontracts with a number of community-based organizations. Approval of this contract will allow the provision of vital preschool and childcare services to program eligible children in East Contra Costa County. The Board approved a contract with Little Angels Country School LLC on September 15, 2015 (agenda item C.80), which has been terminated. This board order is to approve a new current contract that clearly aligns the service plan with the scope of work as outlined in the original board order. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not be able to more widely distribute childcare availability through partnership with community based agencies. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau 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. January 2016 Annotated Official Minutes 321 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Arthrex Inc., in the amount of $350,000 for the purchase of instruments, implants and supplies for the Contra Costa Regional Medical Center (CCRMC), for the period February 1, 2016 through January 31, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Arthrex Inc. provides instruments, implants and supplies for the Orthopedic Department to perform specialty procedures at the Contra Costa Regional Medical Center. Arthrex Inc. has been a reliable source of supplies for the Operating Room (OR). With the increase of patient population, the OR requires the fast and steady replenishment of supplies that Arthrex Inc. can provide. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC will not be able to meet the surgical needs of its patients. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Anna Roth, 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Crystal Grayson C. 46 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Arthrex Inc. Blanket Purchase Order January 2016 Annotated Official Minutes 322 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department to execute a Purchase Order with Beckman Coulter, Inc., in the amount of $500,000 to purchase reagents and supplies to perform chemistry testing on the Access 2 Immunoassay and Unicel DXI800 for the clinical laboratory at the Contra Costa Regional Medical Center (CCRMC), for the period January 1, 2016 through December 31, 2016. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: These reagents and supplies are used to perform routine chemistry testing on patient samples in the laboratory at the CCRMC. Monthly billing is for various tests done and replenishment of supplies. Purchase of supplies and reagents are on an as needed basis. CONSEQUENCE OF NEGATIVE ACTION: CCRMC Clinical Laboratory will not be able to perform patient testing without the requested supplies and reagents if this purchase order is not approved. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Anna Roth, 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Linda Hubbard C. 48 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Beckman Coulter Inc.Purchase Order January 2016 Annotated Official Minutes 323 CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 324 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment to Purchase Order with Beckman Coulter Inc., to add $265,000 for a new total of $1,215,000 for reagents and supplies to perform chemistry testing and monthly meter billing in the laboratory at the Contra Costa Regional Medical Center, with no change in original term of January 1, 2015 to December 31, 2015. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: These reagents and supplies are used to perform routine chemistry testing on patient samples in the laboratory at the CCRMC. Monthly billing is for various tests done and replenishment of supplies. Purchase of supplies and reagents are on an as needed basis and the monthly lease on the analyzer is billed at the rates included in the Purchase Order. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved CCRMC Laboratory will not be able to perform tests on patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Anna Roth, 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, Crystal Grayson C. 44 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Beckman Coulter, Inc. Amendment to Purchase Order January 2016 Annotated Official Minutes 325 CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 326 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment to Purchase Order with Beckman Coulter, Inc., to add $150,000 for a new total of $500,000 for reagents, controls and supplies to be used on two hematology analyzers and one slide maker/stainer for the Clinical Laboratory at the Contra Costa Regional Medical Center (CCRMC), with no change in original term of April 4, 2012 to March 31, 2017. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The reagents, supplies and controls will be used on the two hematology analyzers and one slide maker/stainer for the Clinical Laboratory at the CCRMC to perform complete blood count, complete blood count with differential and all other cell counts for patient testing. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC Clinical Laboratory will not be able to perform patient testing. These reagents, controls and supplies are exclusively for these analyzers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Anna Roth, 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, Marcy Wilhelm, Crystal Grayson C. 43 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Beckman Coulter, Inc. Blanket Purchase Order Amendment January 2016 Annotated Official Minutes 327 CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 328 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Industrial Employers and Distributor's Association (IEDA), effective March 1, 2016, to increase the payment limit by $22,588 to a new payment limit of $45,176 to continue providing In-Home Supportive Services Authority (IHSS) negotiations and support services, and to extend the term of the agreement from February 29, 2016 to February 28, 2017. FISCAL IMPACT: The contract payment limit increase of $22,588, for services IEDA will provide during the period of March 1, 2016 through February 28, 2017, will be funded by Federal, State and County. BACKGROUND: The County Administrator's Office is requesting to amend and extend this contract so that the County can continue contracting with IEDA for IHSS Negotiations and Support Services. IEDA has represented Contra Costa County in labor relations matters for about 40 years and augments the County's Labor Relations staff. IEDA has long term, historical knowledge of the policies, practices and intricacies of the County and IHSS, and is instrumental in negotiations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Robert Campbell, County Auditor-Controller C. 49 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:Contract Amendment with IEDA for IHSS Negotiations and Support Services January 2016 Annotated Official Minutes 329 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, IHSS and the County will lack the necessary negotiations and support services needed to negotiate with recognized employee organizations. January 2016 Annotated Official Minutes 330 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with STAND! For Families Free of Violence, in an amount not to exceed $101,955 to provide services for the Encourage Arrest Policies and Enforcement of Protection Orders Project for the period January 1, 2016 through December 31, 2016. (Budgeted, 100% Federal) FISCAL IMPACT: $101,955: 100% Federal Department of Justice grant (CFDA 16.590), no County cost. BACKGROUND: The Zero Tolerance for Domestic Violence Initiative (ZTDVI) received funds from the Department of Justice, Office on Violence Against Women, Encourage Arrest Policies and Enforcement of Protection Orders Project. The ZTDVI is engaging the Contractor to assist in carrying out activities consistent with the funding application. The primary purpose of the Zero Tolerance for Domestic Violence, Encourage Arrest Policies and Enforcement of Protection Orders Project is to develop and strengthen effective responses to reducing violence against women. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Vickie Kaplan, 313-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 38 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:January 19, 2016 Contra Costa County Subject:Contract with STAND! For Families Free of Violence January 2016 Annotated Official Minutes 331 CONSEQUENCE OF NEGATIVE ACTION: Valuable services to assist in the prevention of violence against women will not be offered to citizens of Contra Costa County. CHILDREN'S IMPACT STATEMENT: None. January 2016 Annotated Official Minutes 332 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-505-2 with Hyland Software, Inc., a corporation, in an amount not to exceed $6,000, to provide computer software consulting and technical assistance on the On-base software upgrades and modules for County’s Health Services Department, for the period from December 1, 2015 through November 30, 2016. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract #23-505-2, the Contractor will provide consulting, training, and technical services to the County’s Health Services Department On-Base system, including customer solution reviews, collaborations of usability of the system, testing and feedback to the On-Base module projects, and hosting and support services, through November 30, 2016. This Contract includes changes to the County’s Standard General Conditions. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: David Runt, 335-8700 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhielm C. 35 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Contract #23-505-2 with Hyland Software, Inc. January 2016 Annotated Official Minutes 333 CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, County’s Health Services Department will not receive enhancements, support, and training on the On-Base system. CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 334 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-199 with Laura Hans, M.D., an individual, in an amount not to exceed $290,000, to provide pediatric services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC) for the period from November 1, 2015 through October 31, 2016. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract # 26-199, the Contractor will provide pediatric services including, but not limited to, clinic coverage, clinical case coverage, report writing, training and administrative duties in the Pediatric Unit at CCRMC for the period from November 1, 2015 through October 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring developmental pediatric services will not have access to the Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 42 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Contract #26-199 with Laura Hans, M.D. January 2016 Annotated Official Minutes 335 CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 336 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-429-24 with Jackson & Coker Locum Tenens, LLC, a limited liability company, in an amount not to exceed $200,000, for the provision of temporary help physicians at Contra Costa Regional Medical Center and Contra Costa Health Centers and the County’s Main Detention Facility, for the period from January 1, 2016 through December 31, 2016. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: For many years the County has contracted with registries to provide temporary physicians to assist the Department during peak workloads, temporary absences and emergency situations. On March 31, 2015, the Board of Supervisors approved Contract #26-429-23 with Jackson & Coker Locum Tenens, LLC, for the period from January 1, 2015 through December 31, 2015, for the provision of temporary physicians to cover vacation, sick leave, and extended leave relief for County-employed physicians at the Contra Costa Regional Medical Center and Contra Costa APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Samir Shah, M.D., 925-370-5475 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 36 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Contract #26-429-24 with Jackson & Coker Locum Tenens, LLC January 2016 Annotated Official Minutes 337 BACKGROUND: (CONT'D) Health Centers and County’s Main Detention Facility. Approval of Contract #26-429-24 will allow the Contractor to continue to provide temporary physicians through December 31, 2016. The contract contains modifications to Paragraph 18. (Indemnification) of the General Conditions. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Regional Medical, Contra Costa Health Centers and the County's Main Detention Facility will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 338 RECOMMENDATION(S): Approve and authorize the Health Services Director, or designee, to execute, on behalf of the County, Contract #26-614-10 with Sodexo America, LLC, a limited liability company, in an amount not to exceed $399,448, for the provision of management and oversight of the Environmental Services Unit at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from January 1, 2016 through December 31, 2016. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise I Funds. (Rate increase) BACKGROUND: On December 2, 2014, the Board of Supervisors approved Contract #26-614-9 with Sodexo America, LLC, for the provision of management and oversight of the Environmental Services Unit at CCRMC, for the period from January 1, 2015 through December 31, 2015. Approval of Contract #26-614-10 will allow Contractor to continue to provide management and oversight of the Environmental Services Unit through December 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC will not receive management and oversight of the Environmental Services Unit from this Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 39 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Contract #26-614-10 with Sodexo America, LLC January 2016 Annotated Official Minutes 339 CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 340 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-789-3 with Hugo E. Altamirano, Inc. a professional corporation, in an amount not to exceed $545,000, to provide anesthesiology services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC) for the period from February 1, 2016 through January 31, 2017. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On June 9, 2015 the Board of Supervisors approved Contract #26-789 (as amended by Amendment Agreements #26-789-1 and #26-789-2) with Hugo E. Altamirano, M.D. for the provision of anesthesiology services at CCRMC, including but not limited to; consultation, training, administrative services, medical procedures, on-call, and coverage for the General and Obstetrics Units for the period from January 19, 2015 through January 31, 2016. Approval of Contract #26-789-3 will allow the Contractor to continue to provide anesthesiology services at CCRMC through January 31, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 41 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Contract #26-789-3 with Hugo E. Altamirano, Inc. January 2016 Annotated Official Minutes 341 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring anesthesiology services at CCRMC will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 342 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Interagency Agreement #22–402–15 with City of Richmond, on behalf of its Fire Department, a government agency, in an amount not to exceed $782,907, to maintain a Hazardous Materials Response Unit, Hazardous Materials Emergency Vehicle and specialized training, for the period from July 1, 2015 through June 30, 2017. FISCAL IMPACT: This Contract is funded 100% by AB 2185 fees that County charges to businesses for the handling of hazardous materials, and is included in the Department’s budget. (Rate Increase) BACKGROUND: On December 10, 2013, the Board of Supervisors approved Interagency Agreement #22–402–14 and on November 5, 2013, approved Interagency Agreement #22-351-16 with City of Richmond, on behalf of its Fire Department, for the period from July 1, 2013 through June 30, 2015, to maintain a Hazardous Materials Response Unit in West County. Due to lengthy negotiations, the parties were not in able APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Randall Sawyer, 335-3210 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm C. 34 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Interagency Agreement #22–402–15 with City of Richmond, on behalf of its Fire Department January 2016 Annotated Official Minutes 343 BACKGROUND: (CONT'D) to come to a mutual agreement until recently. The Division is requesting Board approval to avoid any service disruption. Under this Agreement #22–402–15, Contractor will maintain a Hazardous Materials Response Unit, Hazardous Materials Emergency Vehicle and specialized training, through June 30, 2017. This Agreement includes mutual indemnification and modifications to County Standard General Conditions language. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Agency will not maintain a Hazardous Materials Response Team and Hazardous Materials Emergency Vehicle, leaving County without an effective response to hazardous material incidents in West Contra Costa County. CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 344 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with PhamaTech, Incorporated in the amount not to exceed $360,000 for Child Welfare Mandated Drug Testing services for the period of January 1, 2016 through June 30, 2017. FISCAL IMPACT: $360,000 Budgeted: 30% County, 70% State BACKGROUND: Random drug tests are court-ordered services and are ordered a s part of the client service plan. Laboratory results are submitted for inclusion in the Child Welfare Family Maintenance and Reunification cases. Services include insuring the availability of specimen collection sites, screening test specimens, providing "on-demand" sample testing when requested by the county's employment and Human Services Department social workers, and providing monthly statistics to the Department for clients referred for drug testing. CONSEQUENCE OF NEGATIVE ACTION: Without this service, the Employment and Human Services Department would be unable to comply with court-ordered drug testing. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Gina Chenoweth 3-1648 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 37 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:January 19, 2016 Contra Costa County Subject:Mandatory Child Welfare Drug Testing Services January 2016 Annotated Official Minutes 345 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #24–385–40 with Anka Behavioral Health, Incorporated, a non-profit corporation, in an amount not to exceed $1,117,822, to provide mental health outreach services for the homeless mentally ill for the period from July 1, 2015 through June 30, 2016. This Contract includes a six-month automatic extension through December 31, 2016, in an amount not to exceed $558,911. FISCAL IMPACT: This Contract is funded 36% Medi-Cal, 51% Substance Abuse and Mental Health Services Administration (SAMHSA), and 13% by a Project for Assistance in Transition from Homelessness (PATH) Grant. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing ongoing operational funding for mental health homeless outreach facilities in West, Central, and East County. On January 20, 2015 the Board of Supervisors approved Contract #24-385-39 with Anka Behavioral Health, Inc., for the provision of mental health outreach services for the homeless mentally APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 50 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Novation Contract #24-385-40 with Anka Behavioral Health, Incorporated January 2016 Annotated Official Minutes 346 BACKGROUND: (CONT'D) ill, for the period from July 1, 2014 through June 30, 2015, which included a six month automatic extension through December 31, 2015. Approval of Contract #24–385–40 will replace the automatic extension and allow the Contractor to continue providing services through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s homeless mentally-ill adults will experience reduced access to core survival and support services at multi-service centers throughout Contra Costa County, or at the 20-bed homeless shelter for the mentally ill in Central County. CHILDREN'S IMPACT STATEMENT: Not applicable. January 2016 Annotated Official Minutes 347 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #24-958-23, with Rubicon Programs Incorporated, a non-profit organization , in an amount not to exceed $110,000, to provide mental health services for CalWORKs clients, for the period from July 1, 2015 through June 30, 2016. This contract includes a six-month automatic extension through December 31, 2016, in an amount not to exceed $55,000. FISCAL IMPACT: This Contract is funded 100% CalWORKs funds. (No Rate increase) BACKGROUND: On January 13, 2015, the Board of Supervisors approved Novation Contract #24-958-22, with Rubicon Programs Incorporated, for the period from July 1, 2014 through June 30, 2015, which included a six-month automatic extension through December 31, 2015, for the provision of mental health services to recipients of the CalWORKs APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Cynthia Belon 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C. 47 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Novation Contract #24-958-23 with Rubicon Programs Incorporated January 2016 Annotated Official Minutes 348 BACKGROUND: (CONT'D) Program and their children, including individual, group and family collateral counseling, case management, and medication management services to reduce barriers to employment. Approval of Novation Contract #24-958-23 will replace the automatic extension under prior contract and allow the Contractor to continue to provide mental health services to CalWORKs recipients through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CalWORKs recipients will not have sufficient access to the children’s mental health services they need. CHILDREN'S IMPACT STATEMENT: Not Applicable January 2016 Annotated Official Minutes 349 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Clerk-Recorder, a purchase order with Inclusion Solutions in an amount not to exceed $485,054 for acquisition of 550 Franklin voting booth units for use in the County’s 287 polling places in the June 2016 Primary and subsequent elections. FISCAL IMPACT: The amount of the purchase is $485,053.25 and is reimbursable by the State under the provisions of Section 301 of the Help America Vote Act (HAVA). The balance of the funds in the grant available to Contra Costa County is $565,866.87 and has been appropriated in the FY 2015-16 budget. The net cost to the General Fund will be zero. BACKGROUND: The Election Division delivers voting equipment, including booths, to 285 polling places throughout Contra Costa County. The mobility, durability, and configurability will allow for any of our 2000 poll worker volunteers to set up a polling place (without having election staff assistance). Many of the polling places that are used are lacking the space requirements for the older style voting booths and the ability to configure the booths will enhance voter experience. Additionally, the requested booths are entirely of one pre-fabricated piece, so the possibility of a lost part will not inhibit voting. These units do not have a built in lighting system so therefore no need for electrical cords which can inhibit voter flow through the polling place. There is 30% size reduction in inventory space for storage when not in use, allowing us to move the storage of voting booths from a paid off-site facility to our warehouse facility resulting in an estimated annual savings of up to $10,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Scott Konopasek, 925-335-7808 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 40 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:January 19, 2016 Contra Costa County Subject:Purchase of Franklin Voting Booth Units for Use in the County’s 287 Polling Places January 2016 Annotated Official Minutes 350 CONSEQUENCE OF NEGATIVE ACTION: Failure to purchase these booths would require the County to continue to set up the existing booths for pollworkers. It would also require the County to maintain the light systems of existing booths and pay for the year-round off-site storage of the units. ATTACHMENTS January 2016 Annotated Official Minutes 351 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute a purchase order on behalf of the Sheriff-Coroner with Buchanan Food Service in the amount of $165,000 to provide bread loaves, rolls and all related bakery items as needed for the West County, Martinez and Marsh Creek detention facilities for the period of 01/01/2016 through 12/31/2016. FISCAL IMPACT: $165,000 maximum. 100% County General Fund; Budgeted in fiscal year 2015/16. BACKGROUND: This replaced the previous bread vendor (IBC Sales Corp) for the West County, Martinez and Marsh Creek detention facilities. Buchanan Food Service is a GSD-solicited bid that provides lower pricing for the bread loaves, rolls and other related bakery items as needed to support the inmate feeding program requirements of the three (3) county detention facilities. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to enter into a contract with Buchanan Food Service. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Liz Arbuckle, Heike Anderson, Timothy Ewell C. 51 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:January 19, 2016 Contra Costa County Subject:Purchase Order - Buchanan Food Service January 2016 Annotated Official Minutes 352 CHILDREN'S IMPACT STATEMENT: No impact. January 2016 Annotated Official Minutes 353 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Stryker Orthopedic Inc., in the amount of $1,550,000, for the purchase of implants and supplies for Contra Costa Regional Medical Center (CCRMC), for the period January 1, 2016 through December 31, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Stryker Orthopedic Inc. provides implants and supplies for the Operating Room at CCRMC Surgery Department. Without these supplies and implants, the Operating Room at the CCRMC will not be able to perform the necessary surgeries required for the patient population. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved the CCRMC will not be able to take care of the surgical needs of its patients. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Anna Roth, 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, M Wilhelm, Crystal Grayson C. 45 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Stryker Orthopedic, Inc. Blanket Purchase Order January 2016 Annotated Official Minutes 354 RECOMMENDATION(S): Accept Alcohol and Other Drugs Advisory Board 2015 Annual Report. FISCAL IMPACT: Not applicable. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday in December. Annual reports shall follow the following format and shall not exceed two typewritten pages: Advisory Body Name: Contra Costa County Alcohol and Other Drugs Advisory Board Advisory Body Meeting Time/Location: Martinez 4:00 to 6:15PM, but it varies to different locations. Chair (during the reporting period): Katherine Webster, Acting Chair Staff person (during the reporting period): Fatima Matal Sol Reporting Period: January 1, 2015 to December 31, 2015 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Fatima Mal Sol, 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: T Scott, M Wilhelm, Fatima Matal Sol C. 59 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:AOD BOARD 2015 ANNUAL REPORT January 2016 Annotated Official Minutes 355 BACKGROUND: (CONT'D) Activities (1/2 page) Accomplishments (1/2 page) Attendance/Representation (1/4 page) Training/Certification (1/4 page) Proposed Work Plan/Objectives for Next Year (1/2 page) ATTACHMENTS Annual Report January 2016 Annotated Official Minutes 356 Contra Costa County Alcohol and Other Drugs Advisory Board 2015 ANNUAL REPORT Meeting Time and Location: Generally on the fourth Wednesday of each month from 4:00 to 6:15 pm in Martinez; except when the Board meets within each supervisorial district to outreach to those residents. Board: 18 members; 3 from each supervisorial district plus 3 at large. Each member is appointed by the Board of Supervisors. Chair: James Ryan Staff: Fatima Matal Sol Mission (as approved by the Board of Supervisors on August 28, 2012): The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding prevention and treatment of alcohol and other drug- related problems. Resultant findings and recommendations are forwarded to the Health Services Department and the Board of Supervisors. The Board also serves as an advocate for these findings and recommendations to the communities that we serve. Activities: During this calendar year, our Board did not adopt new goals and priorities but carried over some items from 2014 which were the following: (1) Reduce Youth Use and Access of Alcohol and Marijuana, and (2) Increase Awareness of Prescription Drug Abuse (PDA). We continued the following Priority Areas: (1) Understand Alcohol and Other Drug (AOD) Related Services for 55+; (2) Promote and support more interaction between the Board and its constituents and (3) Prepare recommendations for the Board of Supervisors (BOS) legislative platform as they relate to AOD. As in previous years, we sponsored annual campaigns to celebrate recovery and recognize those who combat substance abuse. We supported a variety of National Recovery Month Activities in Contra Costa County. We supported Support4Recovery’s resolution from the BOS recognizing September as National Recovery Month and supported their 11th Annual Recovery Walk. After the success of last year, the Youth and Family Committee conducted the 2nd Recovery Walk in West County. Our Board recognized Dr. Stephen Ericksen and Maria Rigazio as this year’s “Recovery Champions.” W e joined the Contra Costa County Prescription Drug Coalition efforts in support of March as Prescription Drug Abuse Prevention Month. On June 9th, the BOS recognized four individuals, one organization and Youth Leadership efforts with our “People Who Make a Difference Awards.” The Community Awareness Committee proposed a preliminary timetable for the Marijuana Speaker Series to understand and educate the community in anticipation of the Marijuana Initiative in the 2016 November Ballot. Drug Medi-Cal (DMC) Organized Delivery System (ODS) for Substance Use Disorders (SUD) Currently, the AOD Administration has undertaken the development of a County Implementation Plan (IP) in response to the approval of the DMC Waiver. When approved, the IP will expand service delivery in Contra Costa. We were active participants in the planning process providing feedback to the plan required elements at January 2016 Annotated Official Minutes 357 Town Hall meetings and in our regular monthly meeting were issues related to SUD treatment, dual diagnosis and peer counseling services were discussed. Accomplishments: 1)Reduce Youth Use and Access of Alcohol and Marijuana. Last February, following recommendations of a local coalition, we reviewed the issuing of an alcohol license in the Byron area and in a movie theater in Blackhawk. In April, we participated in the process of adding stronger language to the Deemed Approved Ordinance to include Alcopops. In October, we supported AOD prevention youth led programs in the annual Red Ribbon Week Proclamation. Likewise, we monitored State and Local legislation intended to support the needs of youth, such as SB 564, SB140 and SB 24. 2)Increase Awareness of Prescription Drug Abuse (PDA). Prescription drug abuse is still a matter of concern to the Board because deaths by prescription drugs now exceed deaths by illegal drugs across the nation. Concerted activities to increase awareness regarding prescription drug abuse have included: attending CC Prescription Drug Abuse Coalition monthly coalitions meetings, and participating in Local Take Back Days sponsored by the coalition and local law enforcement. Understand AOD-Related Services for 55+ and BH Integration. We participated in the County’s Behavioral Health (BH) Integration SPIDD meetings which focused on current services for older adults; participated in Laura’s Law Workgroup and assisted in the selection of the BH Deputy Director and AOD Chief . Promote and Support More Interactions between the Board and its Constituents: We held a booth at the Safe City Summer Crime Prevention Expo West County, participated in Recovery Month activities and through some Board members’ involvement the community event Soulful Softball Sunday that promote positive interactions in the community was supported. Prepare Recommendations for the Board of Supervisors Legislative Platform as they Relate to AOD: The Public Policy Committee prepared AOD related policy recommendations, reviewed and analyzed bills that were consistent with the BOS Adopted Platforms. Of the 23 State Senate and Assembly bills tracked 10 were supported by the Policy Committee and two were not supported. Ad visory Board Challenges: We met during eleven months in 2015 and canceled one meeting due to lack of quorum. This year we faced leadership challenges that impacted member’s engagement in Board activities; however, we held two Board Retreats. Training and Certification: Upon appointment, new members received an orientation, which included internal functioning of the Board, the Brown Act and Better Government Ordinance, confidentiality laws, and AOD services, etc. Proposed Work Plan/Objectives for 2016: We plan to address new goals and priorities for 2016 next year, which will include a focus preparing for possible State legislation of recreational marijuana and full participation in the DMC-ODS Implementation Plan. The members of AOD Advisory Board are grateful to be of service to the Board of Supervisors and the people of Contra Costa County. January 2016 Annotated Official Minutes 358 RECOMMENDATION(S): ACCEPT and APPROVE Head Start Policy Council Bylaws for the Community Services Bureau as recommended by the Employment & Human Services Department. FISCAL IMPACT: None. BACKGROUND: This board order accepts the Head Start Policy Council Bylaws for the Community Services Bureau of the Employment & Human Services Department. Head Start Performance Standards 1304.50(d)(1)(ii) require annual Board approval of the Bylaws. The Bylaws were reviewed for approval by the Head Start Policy Council on September 26, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: CSB (925) 681-6308 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 62 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Date:January 19, 2016 Contra Costa County Subject:Approval of Head Start Policy Council Bylaws January 2016 Annotated Official Minutes 359 BACKGROUND: (CONT'D) > Summary of changes to Head Start Policy Council Bylaws: Current Bylaw Bylaw Modification Rationale III. Executive Committee The Executive officers will be elected annually at the Policy Council Orientation / general meeting in October. III. Executive Committee The Executive officers will be elected annually at the Policy Council Orientation / general meeting in September. The early month is to facilitate timely transition from one program year to the next. III. Executive Committee No more than two absences total from both Policy Council and Executive Committee meeting for the full term will be allowed. III. Executive Committee No more than two absences total from both Policy Council and Executive Committee meeting for the full term will be allowed. Arriving 15 or more minutes late to an Executive Committee meeting will be considered an unexcused absence. Updating attendance policy to include timeliness. Late arrivals are disruptive to committee business. III. Executive Committee B. Vice Chairperson The Vice Chairperson shall assist the Chairperson and assume all the obligations and authority if the Chairperson is absent. III. Executive Committee B. Vice Chairperson The Vice Chairperson shall assist the Chairperson and assume all the obligations and authority if the Chairperson is absent. The Vice Chair will be responsible for reviewing the desired outcomes during the Policy Council meetings. Clarification on the responsibilities of the vice chair during the Policy Council meetings. III. Executive Committee E. Election of Officers The officers shall be elected annually at the October general meeting. Nominations for the officers shall be made by the general membership. Current Head Start and Early Head Start parents and past parents may be nominated as candidates. All votes are cast by closed ballot. No more than two past parents may serve on the Executive Committee at any given time. III. Executive Committee E. Election of Officers The officers shall be elected annually at the September general meeting. Nominations for the officers shall be made by the general membership. Current Head Start and Early Head Start parents and past parents may be nominated as candidates. All votes are cast by closed ballot. No more than four past parents may serve on the Executive Committee at any given time. The change in month from October to September is to facilitate timely transition. The increase in number of past parents is to expand opportunities for past parents to participate and to increase the knowledge base for the committee. IV. Policy Council Membership The Policy Council is comprised of parents of currently enrolled children and community agency representatives. At least 51 percent of the members must be the parents of currently enrolled Head Start or Early Head Start children [see 45 CFR 1306.3(h) for the definition of Head Start parent]. No Community Services Bureau staff members or their immediate family (spouse, co-parent) may serve on the Policy Council. IV. Policy Council Membership The Policy Council is comprised of parents of currently enrolled children and community agency representatives. At least 51 percent of the members must be the parents of currently enrolled Head Start or Early Head Start children [see 45 CFR 1306.3(h) for the definition of Head Start parent]. No Grantee, delegate agency or child care partner agency staff members or their immediate family (spouse, co-parent) may serve on the Policy Council. Clarification of the policy regarding staff and/or family members serving on the committee. Not only Grantee (Community Services Bureau) but also delegate agency and partner staff and their immediate family may not serve on the committee. IV. Policy Council Membership B. Term of Membership Term of membership is for one year, October – August. Members are elected each year for a maximum of three years. This limit applies to primary and alternate representatives who are listed on the Policy Council roster as a center representative at any time during the term. Currently enrolled parent policy council members are expected to serve the full term, even if their program option closes for the summer. IV. Policy Council Membership B. Term of Membership Term of membership is for one year, September – August. Members are elected each year for a maximum of three years. This limit applies to primary and alternate representatives who are listed on the Policy Council roster as a center representative at any time during the term. Currently enrolled parent policy council members are expected to serve the full term, even if their program option closes for the summer. The change aligns the term of membership with the month in which elections take place. Appendices Appendix 1. Head Start Performance Standards - Governance Appendix 2. Head Start Performance Standards Appendices removed County Counsel advised that this material should be placed in a separate operations document, not part of the Bylaws. CONSEQUENCE OF NEGATIVE ACTION: If not approved, Department will not be in compliance with Head Start regulations. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau 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. ATTACHMENTS 2015-16 HS PC Bylaws REDLINE 2015-16 HS PC Bylaws CLEAN January 2016 Annotated Official Minutes 360 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: BOS Approved: 1 Table of Contents I. Name ................................................................................................................................................... 2 II. Purpose ................................................................................................................................................ 2 III. Executive Committee ............................................................................................................................ 2 IV. Policy Council Membership ................................................................................................................... 3 V. Subcommittees ..................................................................................................................................... 5 VI. Conferences.......................................................................................................................................... 5 VII. Standards of Conduct............................................................................................................................ 5 VIII. Meetings .............................................................................................................................................. 5 IX. Reimbursement .................................................................................................................................... 6 X. Amendments ........................................................................................................................................ 6 January 2016 Annotated Official Minutes 361 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: BOS Approved: 2 I. Name The name of this council is the Contra Costa County Head Start and Early Head Start Policy Council, hereinafter referred to as the Policy Council. II. Purpose The purpose of the Policy Council is to serve as a governing body using a shared decision making process with the County Board of Supervisors in all matters relating to the planning and coordination of the Head Start and Early Head Start programs operated by the Community Services Bureau. The Policy Council serves as the link among public and private organizations, the Grantee and Delegate Agencies, the communities served, and the parents of enrolled children. The Policy Council will comply with the existing Head Start Performance Standards requirements and the 2007 Head Start legislation. Any changes in the Head Start Performance Standards that will affect Policy Council bylaws will be brought to the Policy Council for explanation and approval. III. Executive Committee The Executive officers will be elected annually at the Policy Council Orientation/general meeting in September. The role of the Executive officers is to plan general meetings, review previous month minutes, set the agenda, and help staff in the overall planning. Executive officers shall attend all Policy Council and Executive Committee meetings. No more than two absences total from both Policy Council and Executive Committee meeting for the full term will be allowed. Arriving 15 or minutes late to an Executive Committee meeting will be considered an unexcused absence. A. Chairperson The Chairperson shall preside at all Policy Council meetings. He or she has the authority to call special meetings, maintain order, and appoint chairperson ad-hoc committees. The Chairperson shall enforce the observance of order and decorum among the members, recognize members, staff and visitors who wish to speak and make official written communication. B. Vice-Chairperson The Vice-Chairperson shall assist the Chairperson and assume all the obligations and authority if the Chairperson is absent. The Vice Chair will be responsible for reviewing the desired outcomes during the Policy Council meetings. C. Secretary The Secretary shall declare whether a quorum exists at the beginning of each meeting. The Secretary shall monitor attendance. He or she shall read any correspondence at Policy Council meetings. He or she shall check for any corrections or clarification on previous month’s minutes, and seek approval of minutes. The Secretary shall also help prepare minutes of the meeting and ensure that the meeting is recorded. D. Parliamentarian The Parliamentarian assists the Chairperson in maintaining order during meetings. He or she states and reviews the principles of conduct and expected behaviors during meetings. He or she acts a timekeeper January 2016 Annotated Official Minutes 362 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: BOS Approved: 3 of the agenda items and notifies the Chairperson when time is an issue. He or she is the Chairperson of the Bylaws subcommittee. E. Election of Officers The officers shall be elected annually at the September general meeting. Nominations for the officers shall be made by the general membership. Current Head Start and Early Head Start parents and past parents may be nominated as candidates. All votes are cast by closed ballot. No more than four past parents may serve on the Executive Committee at any given time. F. Removal from Office Executive officers may be removed from office by a two-thirds (2/3) vote at any regular meeting for reasons of misconduct or excessive absenteeism. G. Officer Vacancies The chairperson of the Policy Council fills the vacancy by appointment and the Policy Council ratifies or elects a new nominee to fill the vacancy. If the Chairperson’s position is vacated, the Vice-Chair assumes all the obligations and authority of the Chair. IV. Policy Council Membership The Policy Council is comprised of parents of currently enrolled children and community agency representatives. At least 51 percent of the members must be the parents of currently enrolled Head Start or Early Head Start children (see 45 CFR 1306.3(h) for the definition of Head Start parent). No grantee, delegate or child care partner agency staff members or their immediate family (spouse, co-parent) may serve on the Policy Council. A. Composition Policy Council composition is reviewed annually to ensure that it meets the general membership guidelines of Head Start Performance Standards and that the compositions of representatives are proportionately selected according to program option (Head Start, Early Head Start, Full Day, Part Day, and Home Base). 1. Currently Enrolled Parents Currently enrolled parent representatives are elected by center parent committees and must have one or more children currently enrolled in the Head Start or Early Head Start programs. 2. Past Parent Representatives Former Head Start and Early Head Start parents may request to participate on the Policy Council, provided they have not exceeded the term limit. See the Policy Council handbook for application procedure. 3. Community Agency Representatives January 2016 Annotated Official Minutes 363 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: BOS Approved: 4 The Policy Council determines which community agencies it would like to invite to participate. Agencies are drawn from the local community and are familiar with resources and services for low-income children and families. B. Term of Membership Term of membership is for one year, September-August. Members are elected each year for a maximum of three years. This limit applies to primary and alternate representatives who are listed on the Policy Council roster as a center representative at any time during the term. Currently Enrolled Parent Policy Council Members are expected to serve the full term, even if their program option closes for the summer. C. Alternates When an elected Policy Council member is unable to attend a meeting, he or she must secure an alternate to attend the meeting on his or her behalf. The alternate will participate fully including voting on action items. Each center shall maintain a list of alternates. D. Absences Policy Council members are required to attend all meetings. If a member will be absent, he or she shall secure an alternate. The member shall give twenty-four hour notice to the alternate and program staff. If a currently enrolled parent has two unexcusedabsences (failed to notify CSB staff or an Executive Officer of the absence)the center will be notified and the parent committee may choose to terminate the parent’s membership. The center must notify the Secretary of any changes in representation and in cases of excessive absenteeism, provide a response about the course of action the parent committee would like to take. If a past parent or community representative has two unexcused absences the Policy Council may choose to terminate his or her membership. E. Resignation If a member resigns from the Policy Council or is no longer eligible to serve due to enrollment status, the member must submit his or her resignation in writing to staff. If the member is an Executive Officer or Chair of a committee, the vacancy shall be filled as outlined in section III.G of the Policy Council Bylaws. F. Termination A Policy Council membership may be terminated by a two-thirds (2/3) vote at any regular meeting for reasons of misconduct or excessive absenteeism. If the termination is in regards to excessive absenteeism, this vote will take place only after a notice has been sent to the center and the center has provided a response as to the course of action. The member will be notified in writing of his or her termination from the Policy Council. G. Vacancy A vacancy at a center will be filled by an alternate until a new representative can be elected by the center parent committee. If a vacancy occurs by a community agency representative, the agency must appoint a replacement as soon as possible. Filling past parent member vacancies are outlined in Section IV.A of the Policy Council Bylaws. January 2016 Annotated Official Minutes 364 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: BOS Approved: 5 V. Subcommittees The Policy Council has four standing subcommittees: Fiscal Committee, Self-Assessment Committee, Personnel/Interview Panel Committee, and Ongoing Monitoring/Program Services Committee. The Policy Council has two Ad-Hoc subcommittees: By-laws Committee, and Policies and Procedures Committee. Executive Officers must sit on at least one subcommittee. Each subcommittee must maintain at least four members at all times. The Policy Council Chair appoints subcommittee leads and the Policy Council must ratify all appointments. Subcommittees must keep minutes, and reports must be presented to the Policy Council. VI. Conferences Policy Council representatives may be selected to attend conferences. Upon return from a conference, attendees must present a conference report to the Executive Officers and the Policy Council. Attendees will be given a per diem allotment for meals, ground transportation and child care expenses. All receipts must be submitted to staff no more than seven (7) days after return from travel. Conference attendance guidelines are outlined in the Policy Council Handbook. VII. Standards of Conduct All Policy Council members must sign and adhere to the Contra Costa County Code of Conduct, Community Service’s Bureau Standards of Conduct, and abide by policies and procedures for reporting to Child Protective Services and State Community Care Licensing. Any Policy Council Member in violation of any standards of conduct may be temporarily dismissed from his or her duties while the misconduct is under investigation. Staff and the Policy Council Executive Committee will hold a closed-session meeting and review the nature of the misconduct and make recommendations to the Policy Council to resume or remove membership. VIII. Meetings Meeting notices shall comply with the Brown Act, the County’s Better Government Ordinance, and all applicable local and state meetings laws. A. Regular Meetings The Policy Council will hold a minimum of nine (9) meetings per year. Notice of meetings is provided 96 hours in advance of meetings and will be scheduled to encourage parent participation. All meetings of the Policy Council and its committees will be held in accordance with the Brown Act and the Contra Costa County Better Government Ordinance. B. Special Meetings A special meeting may be called at any time by the Chairperson. A twenty-four hour notice must be given to Policy Council members unless written notice has been waived. C. Emergency Meetings The Executive Officers may conduct business in emergency matters or if a majority of the Policy Council members cannot meet. A quorum (51% of the Executive Committee) is required to make a decision on January 2016 Annotated Official Minutes 365 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: BOS Approved: 6 behalf of the Policy Council. All decisions made during an Emergency Meeting must be ratified at the next regularly scheduled Policy Council meeting. D. Quorum A quorum is 25% of the full Policy Council membership. At least 51% of the total number of authorized Policy Council members of which a majority in attendance must be Currently Enrolled Parents. E. Voting Only a Policy Council member or his or her alternate is permitted to vote on any Policy Council action. The Chairperson votes only in the case of a tie. F. Agenda The agenda shall comply with the Ralph M. Brown Act and the County Better Government Ordinance and all applicable laws. IX. Reimbursement Policy Council members will be reimbursed for child care and mileage for approved Policy Council activities according to the standard approved rates. Current standard rates and procedures for requesting reimbursement are outlined in the Policy Council Handbook. X. Amendments Proposed amendments of these bylaws may be initiated by action of the Policy Council. Proposed amendments must be presented to members at least one general meeting prior to action. January 2016 Annotated Official Minutes 366 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: 9/26/15 BOS Approved: 1 Table of Contents I. Name ................................................................................................................................................... 2 II. Purpose ................................................................................................................................................ 2 III. Executive Committee ............................................................................................................................ 2 IV. Policy Council Membership ................................................................................................................... 3 V. Subcommittees ..................................................................................................................................... 5 VI. Conferences.......................................................................................................................................... 5 VII. Standards of Conduct............................................................................................................................ 5 VIII. Meetings .............................................................................................................................................. 5 IX. Reimbursement .................................................................................................................................... 6 X. Amendments ........................................................................................................................................ 6 January 2016 Annotated Official Minutes 367 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: 9/26/15 BOS Approved: 2 I. Name The name of this council is the Contra Costa County Head Start and Early Head Start Policy Council, hereinafter referred to as the Policy Council. II. Purpose The purpose of the Policy Council is to serve as a governing body using a shared decision making process with the County Board of Supervisors in all matters relating to the planning and coordination of the Head Start and Early Head Start programs operated by the Community Services Bureau. The Policy Council serves as the link among public and private organizations, the Grantee and Delegate Agencies, the communities served, and the parents of enrolled children. The Policy Council will comply with the existing Head Start Performance Standards requirements and the 2007 Head Start legislation. Any changes in the Head Start Performance Standards that will affect Policy Council bylaws will be brought to the Policy Council for explanation and approval. III. Executive Committee The Executive officers will be elected annually at the Policy Council Orientation/general meeting in September. The role of the Executive officers is to plan general meetings, review previous month minutes, set the agenda, and help staff in the overall planning. Executive officers shall attend all Policy Council and Executive Committee meetings. No more than two absences total from both Policy Council and Executive Committee meeting for the full term will be allowed. Arriving 15 or minutes late to an Executive Committee meeting will be considered an unexcused absence. A. Chairperson The Chairperson shall preside at all Policy Council meetings. He or she has the authority to call special meetings, maintain order, and appoint chairperson ad-hoc committees. The Chairperson shall enforce the observance of order and decorum among the members, recognize members, staff and visitors who wish to speak and make official written communication. B. Vice-Chairperson The Vice-Chairperson shall assist the Chairperson and assume all the obligations and authority if the Chairperson is absent. The Vice Chair will be responsible for reviewing the desired outcomes during the Policy Council meetings. C. Secretary The Secretary shall declare whether a quorum exists at the beginning of each meeting. The Secretary shall monitor attendance. He or she shall read any correspondence at Policy Council meetings. He or she shall check for any corrections or clarification on previous month’s minutes, and seek approval of minutes. The Secretary shall also help prepare minutes of the meeting and ensure that the meeting is recorded. D. Parliamentarian The Parliamentarian assists the Chairperson in maintaining order during meetings. He or she states and reviews the principles of conduct and expected behaviors during meetings. He or she acts a timekeeper January 2016 Annotated Official Minutes 368 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: 9/26/15 BOS Approved: 3 of the agenda items and notifies the Chairperson when time is an issue. He or she is the Chairperson of the Bylaws subcommittee. E. Election of Officers The officers shall be elected annually at the September general meeting. Nominations for the officers shall be made by the general membership. Current Head Start and Early Head Start parents and past parents may be nominated as candidates. All votes are cast by closed ballot. No more than four past parents may serve on the Executive Committee at any given time. F. Removal from Office Executive officers may be removed from office by a two-thirds (2/3) vote at any regular meeting for reasons of misconduct or excessive absenteeism. G. Officer Vacancies The chairperson of the Policy Council fills the vacancy by appointment and the Policy Council ratifies or elects a new nominee to fill the vacancy. If the Chairperson’s position is vacated, the Vice-Chair assumes all the obligations and authority of the Chair. IV. Policy Council Membership The Policy Council is comprised of parents of currently enrolled children and community agency representatives. At least 51 percent of the members must be the parents of currently enrolled Head Start or Early Head Start children (see 45 CFR 1306.3(h) for the definition of Head Start parent). No grantee, delegate or child care partner agency staff members or their immediate family (spouse, co-parent) may serve on the Policy Council. A. Composition Policy Council composition is reviewed annually to ensure that it meets the general membership guidelines of Head Start Performance Standards and that the compositions of representatives are proportionately selected according to program option (Head Start, Early Head Start, Full Day, Part Day, and Home Base). 1. Currently Enrolled Parents Currently enrolled parent representatives are elected by center parent committees and must have one or more children currently enrolled in the Head Start or Early Head Start programs. 2. Past Parent Representatives Former Head Start and Early Head Start parents may request to participate on the Policy Council, provided they have not exceeded the term limit. See the Policy Council handbook for application procedure. 3. Community Agency Representatives January 2016 Annotated Official Minutes 369 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: 9/26/15 BOS Approved: 4 The Policy Council determines which community agencies it would like to invite to participate. Agencies are drawn from the local community and are familiar with resources and services for low-income children and families. B. Term of Membership Term of membership is for one year, September-August. Members are elected each year for a maximum of three years. This limit applies to primary and alternate representatives who are listed on the Policy Council roster as a center representative at any time during the term. Currently Enrolled Parent Policy Council Members are expected to serve the full term, even if their program option closes for the summer. C. Alternates When an elected Policy Council member is unable to attend a meeting, he or she must secure an alternate to attend the meeting on his or her behalf. The alternate will participate fully including voting on action items. Each center shall maintain a list of alternates. D. Absences Policy Council members are required to attend all meetings. If a member will be absent, he or she shall secure an alternate. The member shall give twenty-four hour notice to the alternate and program staff. If a currently enrolled parent has two unexcusedabsences (failed to notify CSB staff or an Executive Officer of the absence)the center will be notified and the parent committee may choose to terminate the parent’s membership. The center must notify the Secretary of any changes in representation and in cases of excessive absenteeism, provide a response about the course of action the parent committee would like to take. If a past parent or community representative has two unexcused absences the Policy Council may choose to terminate his or her membership. E. Resignation If a member resigns from the Policy Council or is no longer eligible to serve due to enrollment status, the member must submit his or her resignation in writing to staff. If the member is an Executive Officer or Chair of a committee, the vacancy shall be filled as outlined in section III.G of the Policy Council Bylaws. F. Termination A Policy Council membership may be terminated by a two-thirds (2/3) vote at any regular meeting for reasons of misconduct or excessive absenteeism. If the termination is in regards to excessive absenteeism, this vote will take place only after a notice has been sent to the center and the center has provided a response as to the course of action. The member will be notified in writing of his or her termination from the Policy Council. G. Vacancy A vacancy at a center will be filled by an alternate until a new representative can be elected by the center parent committee. If a vacancy occurs by a community agency representative, the agency must appoint a replacement as soon as possible. Filling past parent member vacancies are outlined in Section IV.A of the Policy Council Bylaws. January 2016 Annotated Official Minutes 370 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: 9/26/15 BOS Approved: 5 V. Subcommittees The Policy Council has four standing subcommittees: Fiscal Committee, Self-Assessment Committee, Personnel/Interview Panel Committee, and Ongoing Monitoring/Program Services Committee. The Policy Council has two Ad-Hoc subcommittees: By-laws Committee, and Policies and Procedures Committee. Executive Officers must sit on at least one subcommittee. Each subcommittee must maintain at least four members at all times. The Policy Council Chair appoints subcommittee leads and the Policy Council must ratify all appointments. Subcommittees must keep minutes, and reports must be presented to the Policy Council. VI. Conferences Policy Council representatives may be selected to attend conferences. Upon return from a conference, attendees must present a conference report to the Executive Officers and the Policy Council. Attendees will be given a per diem allotment for meals, ground transportation and child care expenses. All receipts must be submitted to staff no more than seven (7) days after return from travel. Conference attendance guidelines are outlined in the Policy Council Handbook. VII. Standards of Conduct All Policy Council members must sign and adhere to the Contra Costa County Code of Conduct, Community Service’s Bureau Standards of Conduct, and abide by policies and procedures for reporting to Child Protective Services and State Community Care Licensing. Any Policy Council Member in violation of any standards of conduct may be temporarily dismissed from his or her duties while the misconduct is under investigation. Staff and the Policy Council Executive Committee will hold a closed-session meeting and review the nature of the misconduct and make recommendations to the Policy Council to resume or remove membership. VIII. Meetings Meeting notices shall comply with the Brown Act, the County’s Better Government Ordinance, and all applicable local and state meetings laws. A. Regular Meetings The Policy Council will hold a minimum of nine (9) meetings per year. Notice of meetings is provided 96 hours in advance of meetings and will be scheduled to encourage parent participation. All meetings of the Policy Council and its committees will be held in accordance with the Brown Act and the Contra Costa County Better Government Ordinance. B. Special Meetings A special meeting may be called at any time by the Chairperson. A twenty-four hour notice must be given to Policy Council members unless written notice has been waived. C. Emergency Meetings The Executive Officers may conduct business in emergency matters or if a majority of the Policy Council members cannot meet. A quorum (51% of the Executive Committee) is required to make a decision on January 2016 Annotated Official Minutes 371 Contra Costa County EHSD Community Services Bureau Head Start/Early Head Start Bylaws PC Approved: 9/26/15 BOS Approved: 6 behalf of the Policy Council. All decisions made during an Emergency Meeting must be ratified at the next regularly scheduled Policy Council meeting. D. Quorum A quorum is 25% of the full Policy Council membership. At least 51% of the total number of authorized Policy Council members of which a majority in attendance must be Currently Enrolled Parents. E. Voting Only a Policy Council member or his or her alternate is permitted to vote on any Policy Council action. The Chairperson votes only in the case of a tie. F. Agenda The agenda shall comply with the Ralph M. Brown Act and the County Better Government Ordinance and all applicable laws. IX. Reimbursement Policy Council members will be reimbursed for child care and mileage for approved Policy Council activities according to the standard approved rates. Current standard rates and procedures for requesting reimbursement are outlined in the Policy Council Handbook. X. Amendments Proposed amendments of these bylaws may be initiated by action of the Policy Council. Proposed amendments must be presented to members at least one general meeting prior to action. January 2016 Annotated Official Minutes 372 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: Government Code Section 8630 required 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 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. 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 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 53 To:Board of Supervisors From:David Twa, County Administrator Date:January 19, 2016 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness January 2016 Annotated Official Minutes 373 BACKGROUND: (CONT'D) the Board to continue the declaration of a local emergency regarding homelessness. January 2016 Annotated Official Minutes 374 RECOMMENDATION(S): ADOPT Resolution 2016/39 delegating to the Assessor, or designee, the authority to approve claims for refund related to the property tax exemption for the home of a disabled veteran or an unmarried spouse of a deceased disabled veteran; DIRECT Auditor to pay refunds approved by the Assessor in accordance with Revenue and Taxation Code sections 5101 and 5151. FISCAL IMPACT: Adoption of the resolution will have minimal fiscal impact. The resolution merely expedites and simplifies the process for disabled veterans and unmarried spouses of deceased disabled veterans to apply for refunds of property taxes based on the disabled veteran exemption. The County’s portion of the refund and any applicable interest will be paid from the County’s General Fund. BACKGROUND: Article XIII of the California Constitution, section 4(a) and Revenue and Taxation Code section 205.5 provide an exemption from ad valorem taxation for the home of a disabled veteran or an unmarried spouse of a deceased disabled veteran. For 2015, there is a basic exemption of approximately $125,000 or a low-income exemption of approximately $190,000 available to a disabled veteran who, because of an injury incurred in military service is blind in both eyes, has lost the use of two or more limbs, or is totally disabled. An unmarried surviving spouse may also be eligible if the service person died as the result of a service-connected injury or a disease incurred while on active duty in the military. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Louis Rivara, 925 313-7504 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: Bob Campbell, County Auditor-Controller C. 58 To:Board of Supervisors From:Gus Kramer, Assessor Date:January 19, 2016 Contra Costa County Subject:Disabled Veterans Property Tax Exemption Refund January 2016 Annotated Official Minutes 375 BACKGROUND: (CONT'D) > To receive the disabled veterans’ exemption, the veteran or surviving spouse must file a claim for exemption with the Assessor’s Office. The Assessor’s Office is charged with approving or denying the claim. When a disabled veterans’ claim for exemption is retroactively granted and applied, paid property taxes may be cancelled and refunded. Retroactive application of the exemption occurs 1) when property becomes eligible after the lien date or 2) upon a veteran’s disability rating or death. Generally, the Assessor may retroactively apply the exemption within four years after the assessment date, resulting in a property tax refund. (Rev. & Tax. Code, § 4831). As of January 1, 2015, the law changed to allow a refund of property taxes based on the disabled veterans’ exemption up to eight years after the date those taxes were paid. However, statute does not authorize the Assessor to make the corrections beyond four years from the assessment date. For this reason, those who seek the exemption for a year that is more than four years after the applicable assessment date must file a claim for refund to be eligible for a property tax refund. Under state statute, the Board of Supervisors has the authority to approve or deny claims for refund. Revenue and Taxation Code section 4804 permits the Board to delegate this authority to the Assessor. Delegation to the Assessor of the authority to approve claims for refund in this circumstance would streamline the refund process by allowing the Assessor to determine eligibility for the disabled veterans’ exemption and promptly grant the claim for property tax refund for those who qualify. Any claims of refund that are not approved by the Assessor would be decided by the Board because this delegation does not permit the Assessor to deny claims for refund. This board order and accompanying resolution supersedes any previous delegation of this authority for claims for refund from disabled veterans who are seeking a refund of taxes under Revenue and Taxation Code section 205.5. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the requested delegation of authority, the refund process for eligible disabled veterans and the surviving spouses of disabled veterans is likely to be delayed. AGENDA ATTACHMENTS Resolution No. 2016/39 MINUTES ATTACHMENTS Signed Resolution No. 2016/39 January 2016 Annotated Official Minutes 376 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/39 IN THE MATTER OF: Delegating to the Assessor the Authority to Approve Claims for Refund Based on the Disabled Veterans’ Exemption from Ad Valorem Property Taxation. [Cal. Rev. & Tax. Code, §§ 4804, 5096, 5097(a)(4), et seq.]. WHEREAS: Under Revenue and Taxation Code section 5096 et seq., the Contra Costa County Board of Supervisors is responsible for approving or denying claims for refunds of property taxes based on exemptions; a. Revenue and Taxation Code section 4804 permits the Contra Costa County Board of Supervisors to delegate the authority for approving or denying claims for refund to the Assessor, among others; b. As of January 1, 2015, Revenue and Taxation Code section 5097 was amended to permit a refund of property taxes based on the disabled veterans’ exemption up to eight years after the date those taxes were paid; c. Those who seek the disabled veterans’ exemption must file a claim for refund to be eligible if the property tax refund relates to a year that is more than four years after the applicable assessment date; and d. The Contra Costa County Board of Supervisors desires to expeditiously refund property taxes to disabled veterans and the surviving spouses of disabled veterans who file claims for refund based on the disabled veterans’ exemption. e. The Board of Supervisors of Contra Costa County RESOLVES THAT: The Assessor, or designee, is authorized to approve claims for refund based on the exemption from ad valorem property taxation for disabled veterans or the surviving spouses of disabled veterans. [Cal. Const., art. XIII, § 4(a); Cal. Rev. & Tax. Code, §§ 205.5, 5096, 5097(a)(4) et seq.] This board order and accompanying resolution supersedes any previous delegation of this authority relating to the exemption from ad valorem property taxation for disabled veterans or the surviving spouses of disabled veterans. The Contra Costa County Auditor-Controller is required by law to keep a proper record of each act performed under this authorization. The Assessor is to notify the Auditor-Controller of any approval of claims for refund under California Revenue and Taxation Code sections 5096 et seq. The Contra Costa County Counsel waives the requirement for the written consent of the county legal advisor for these matters under the provisions of Revenue and Taxation Code section 4804. Contact: Louis Rivara, 925 313-7504 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: Bob Campbell, County Auditor-Controller 4 1 January 2016 Annotated Official Minutes 377 C.58 January 2016 Annotated Official Minutes 378 RECOMMENDATION(S): 1. ADOPT Resolution No. 2016/31 authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds") in an amount not to exceed $23,000,000 to provide financing for the costs of acquisition and construction of Riviera Family Apartments, a 58-unit residential rental housing development located at 1515 and 1738 Riviera Avenue (APN Nos. 174-150-076, 174-140-019, 174-140-025) in the City of Walnut Creek, California (the "Development"). 2. FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct. 3. ACKNOWLEDGE that for purposes of Section 147(f) of the Internal Revenue Code of 1986, authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds") to finance the costs of the acquisition and construction of Riviera Family Apartments is subject to Board of Supervisors approval of all documents related to the Bonds to which the County is a party. 4. ACKNOWLEDGE that adoption of this resolution does not relieve or exempt the borrower from obtaining required permits or approvals, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development; and 5. AUTHORIZE and DIRECT any authorized officer of the County to do any and all things, take any and all actions, and execute and deliver any and all certificates, agreements, and other documents, which the officer may deem necessary or advisable in order to effectuate the intent of the Resolution. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Kristen Lackey (925) 674-7888 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 54 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:January 19, 2016 Contra Costa County Subject:Multifamily Housing Revenue Bonds - Riviera Family Apartments, Walnut Creek January 2016 Annotated Official Minutes 379 RECOMMENDATION(S): (CONT'D) Authorized officers include the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, County Administrator, the County Director of Conservation and Development, the County Assistant Deputy Director of Conservation and Development, the County’s Community Development Bond Program Manager, County Counsel, and other officers of the County. FISCAL IMPACT: No impact to the General Fund. In the event that the bonds are issued, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low income households are accommodated in the bond issue. The bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the bond documents. No County funds are pledged to secure the bonds. BACKGROUND: The recommended action is the adoption of a Resolution by the Board, as the legislative body of the County, authorizing the issuance of Multifamily Housing Revenue Bonds, which will be used to finance the acquisition and construction of Riviera Family Apartments, a 58-unit rental housing development located at 1515 and 1738 Riviera Avenue (APN Nos. 174-150-076, 174-140-019, 174-140-025) in the City of Walnut Creek, California (the "Development"). The Bonds, when issued, will be used to finance the development of Riviera Family Apartments by Riviera Family Apartments, LP, the Managing General Partner of which is RCD. A to-be-named tax credit investor will be the limited partner. The proposed financing would implement City of Walnut Creek and County policies to maintain and increase the supply of affordable housing. The City Council passed a resolution acknowledging that the County will assist in the financing of the project. At its December 8, 2015 meeting, the Board of Supervisors approved a Reimbursement (Inducement) Resolution for the Development. The Reimbursement Resolution conditionally provided for the issuance of housing revenue bonds. The main purpose of the proposed Resolution is to acknowledge that a public hearing was held by the Community Development Bond Program Manager on January 4, 2016, with no public comment, and to meet other bond issuance requirements which are specified in Section 147(f) of the Internal Revenue Code. The proposed bonds cannot be issued until a separate resolution is adopted by the Board of Supervisors specifically authorizing the sale of the bonds. Such separate resolution to authorize the sale of bonds would come before the Board after receipt of an allocation from the State of California for Private Activity Bond Authority. An application for Private Activity Bond Authority will be submitted to the California Debt Limit Allocation Committee on January 15, 2016. The expected timing for a Bond Sale Resolution would be May, 2017. The proposed resolution would not relieve Riviera Family Apartments, LP or RCD from obtaining other required permits or approvals required by law, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. Annual expenses of the County related to the monitoring of the Regulatory Agreement are accommodated in the bond issue. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the County from meeting the public approval requirement of the Internal Revenue Code for issuing Multifamily Housing Revenue Bonds. As a result, the Multifamily Housing Revenue Bonds could not be issued by the County. CHILDREN'S IMPACT STATEMENT: The Riviera Family Apartments provide 58 units of affordable rental housing appropriate for families. This supports outcome #3: Families are Economically Self Sufficient. AGENDA ATTACHMENTS January 2016 Annotated Official Minutes 380 Resolution No. 2016/31 Riviera TEFRA Transcript MINUTES ATTACHMENTS Signed Resolution No. 2016/31 January 2016 Annotated Official Minutes 381 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/31 Resolution Authorizing the Issuance of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to Exceed Twenty-Three Million Dollars ($23,000,000) for the Purpose of Providing Financing for a Residential Rental Project in Walnut Creek Generally Known as Riviera Family Apartments. WHEREAS, the County of Contra Costa (the “County”) is authorized to issue multifamily housing revenue bonds pursuant to Section 52075 and following of the California Health and Safety Code; and WHEREAS, the County desires to participate in financing costs of the acquisition and construction of a 58-unit residential rental housing development generally known as Riviera Family Apartments and located at 1515 and 1738 Riviera Avenue (APN Nos. 174-150-076, 174-140-019 and 174-140-025) in Walnut Creek, California (the “Development”), which initially will be owned by Riviera Family Apartments, LP, a California limited partnership, or another entity to be formed by Resources for Community Development (the “Borrower”); and WHEREAS, to assist in financing the Development, the County intends to sell and issue not to exceed $23,000,000 principal amount of its multifamily housing revenue bonds (the “Bonds”) and to loan the proceeds of the Bonds to the Borrower, thereby assisting in providing housing for low income persons; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the issuance of the Bonds by the County must be approved by an applicable elected representative body with respect to the Development following the conduct of a public hearing on the proposed financing; and WHEREAS, the Board of Supervisors of the County of Contra Costa (the “Board”), is the elected legislative body of the County and is one of the applicable elected representatives authorized to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the Community Development Bond Program Manager of the County has, following notice duly given, held a public hearing regarding the financing of the Development and the issuance of the Bonds, and a summary of any oral or written testimony received at the public hearing has been presented to the Board of Supervisors for its consideration; and WHEREAS, the Board now desires to approve the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. The Board hereby finds and declares that the foregoing recitals are true and correct. Section 2. For purposes of Section 147(f) of the Code, the Board hereby authorizes the issuance of Bonds by the County to provide financing for costs of the Development. The sale and delivery of the Bonds shall be subject to the approval by the Board of all documents related to the Bonds to which the County is a party. Section 3. The adoption of this Resolution does not (i) relieve or exempt the Borrower from obtaining any permits or approvals that are required by, or determined to be necessary from, the County in connection with the Development, nor (ii) obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. Section 4. All actions heretofore taken by the officers and agents of the County with respect to the financing of the Development 4 1 January 2016 Annotated Official Minutes 382 Section 4. All actions heretofore taken by the officers and agents of the County with respect to the financing of the Development and the sale and issuance of Bonds are hereby approved, ratified and confirmed, and any authorized officer of the County is hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents, which any such officer may deem necessary or advisable in order to effectuate the purposes of this Resolution. Section 5. This Resolution shall take effect upon its adoption. Contact: Kristen Lackey (925) 674-7888 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: January 2016 Annotated Official Minutes 383 C.54 January 2016 Annotated Official Minutes 384 January 2016 Annotated Official Minutes 385 January 2016 Annotated Official Minutes 386 RECOMMENDATION(S): 1. ADOPT Resolution No. 2016/33 authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds") in an amount not to exceed $30,000,000 to provide financing for the costs of acquisition and construction of Tabora Gardens, an 85-unit residential rental housing development located at the Southeast Corner of James Donlon Boulevard and Tabora Drive (APN 072-011-062) in the City of Antioch, California (the "Development"). 2. FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct. 3. ACKNOWLEDGE that for purposes of Section 147(f) of the Internal Revenue Code of 1986, authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds") to finance the costs of the acquisition and construction of Tabora Gardens is subject to Board of Supervisors approval of all documents related to the Bonds to which the County is a party. 4. ACKNOWLEDGE that adoption of this resolution does not relieve or exempt the borrower from obtaining required permits or approvals, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development; and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Kristen Lackey (925) 674-7888 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 55 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:January 19, 2016 Contra Costa County Subject:Multifamily Housing Revenue Bonds - Tabora Gardens January 2016 Annotated Official Minutes 387 RECOMMENDATION(S): (CONT'D) 5. AUTHORIZE and DIRECT any authorized officer of the County to do any and all things, take any and all actions, and execute and deliver any and all certificates, agreements, and other documents, which the officer may deem necessary or advisable in order to effectuate the intent of the Resolution. Authorized officers include the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, County Administrator, the County Director of Conservation and Development, the County Assistant Deputy Director of Conservation and Development, the County’s Community Development Bond Program Manager, County Counsel, and other officers of the County. FISCAL IMPACT: No impact to the General Fund. In the event that the bonds are issued, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low income households are accommodated in the bond issue. The bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the bond documents. No County funds are pledged to secure the bonds. BACKGROUND: The recommended action is the adoption of a Resolution by the Board, as the legislative body of the County, authorizing the issuance of Multifamily Housing Revenue Bonds, which will be used to finance the acquisition and construction of Tabora Gardens, an 85-unit rental housing development located at at the Southeast Corner of James Donlon Boulevard and Tabora Drive (APN 072-011-062) in the City of Antioch, California (the "Development"). The Bonds, when issued, will be used to finance the development of Tabora Gardens by Tabora Gardens, L.P., or another entity to be formed by Satellite Affordable Housing Associates (SAHA) who will serve as the Managing General Partner. A to-be-named tax credit investor will be the limited partner. The proposed financing would implement City of Antioch and County policies to maintain and increase the supply of affordable housing. The City Council passed a resolution acknowledging that the County will assist in the financing of the project. At its December 8, 2015 meeting, the Board of Supervisors approved a Reimbursement (Inducement) Resolution for the Development. The Reimbursement Resolution conditionally provided for the issuance of housing revenue bonds. The main purpose of the proposed Resolution is to acknowledge that a public hearing was held by the Community Development Bond Program Manager on January 4, 2016, with no public comment, and to meet other bond issuance requirements which are specified in Section 147(f) of the Internal Revenue Code. The proposed bonds cannot be issued until a separate resolution is adopted by the Board of Supervisors specifically authorizing the sale of the bonds. Such separate resolution to authorize the sale of bonds would come before the Board after receipt of an allocation from the State of California for Private Activity Bond Authority. An application for Private Activity Bond Authority will be submitted to the California Debt Limit Allocation Committee on January 15, 2016. The expected timing for a Bond Sale Resolution would be May, 2017. The proposed resolution would not relieve SAHA or the limited partnership from obtaining other required permits or approvals required by law, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. Annual expenses of the County related to the monitoring of the Regulatory Agreement are accommodated in the bond issue. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the County from meeting the public approval requirement of the Internal Revenue Code for issuing Multifamily Housing Revenue Bonds. As a result, the Multifamily Housing Revenue Bonds could not be issued by the County. CHILDREN'S IMPACT STATEMENT: None. January 2016 Annotated Official Minutes 388 None. AGENDA ATTACHMENTS Resolution No. 2016/33 Tabora TEFRA Transcript MINUTES ATTACHMENTS Signed Resolution No. 2016/33 January 2016 Annotated Official Minutes 389 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/33 Resolution Authorizing the Issuance of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to Exceed Thirty Million Dollars ($30,000,000) for the Purpose of Providing Financing for a Residential Rental Project in Antioch Generally Known as Tabora Gardens Senior Apartments. WHEREAS, the County of Contra Costa (the “County”) is authorized to issue multifamily housing revenue bonds pursuant to Section 52075 and following of the California Health and Safety Code; and WHEREAS, the County desires to participate in financing costs of the acquisition and construction of an 85-unit residential rental housing development to be known as Tabora Gardens Senior Apartments and to be located at the Southeast corner of James Dolan Boulevard and Tabora Drive (APN 072-011-062) in Antioch, California (the “Development”), which initially will be owned by Tabora Gardens, LP, a California limited partnership, or another entity to be formed by Satellite Affordable Housing Associates (the “Borrower”), and is expected to be initially operated by Satellite Affordable Housing Associates Property Management or another entity selected by the Borrower; and WHEREAS, to assist in financing the Development, the County intends to sell and issue not to exceed $30,000,000 principal amount of its multifamily housing revenue bonds (the “Bonds”) and to loan the proceeds of the Bonds to the Borrower, thereby assisting in providing housing for low income persons; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the issuance of the Bonds by the County must be approved by an applicable elected representative body with respect to the Development following the conduct of a public hearing on the proposed financing; and WHEREAS, the Board of Supervisors of the County of Contra Costa (the “Board”), is the elected legislative body of the County and is one of the applicable elected representatives authorized to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the Community Development Bond Program Manager of the County has, following notice duly given, held a public hearing regarding the financing of the Development and the issuance of the Bonds, and a summary of any oral or written testimony received at the public hearing has been presented to the Board of Supervisors for its consideration; and WHEREAS, the Board now desires to approve the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. The Board hereby finds and declares that the foregoing recitals are true and correct. Section 2. For purposes of Section 147(f) of the Code, the Board hereby authorizes the issuance of Bonds by the County to provide financing for costs of the Development. The sale and delivery of the Bonds shall be subject to the approval by the Board of all documents related to the Bonds to which the County is a party. Section 3. The adoption of this Resolution does not (i) relieve or exempt the Borrower from obtaining any permits or approvals that are required by, or determined to be necessary from, the County in connection with the Development, nor (ii) obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. 4 1 January 2016 Annotated Official Minutes 390 Section 4. All actions heretofore taken by the officers and agents of the County with respect to the financing of the Development and the sale and issuance of Bonds are hereby approved, ratified and confirmed, and any authorized officer of the County is hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and execute and deliver any an all certificates, agreements and other documents, which any such officer may deem necessary or advisable in order to effectuate the purposes of this Resolution. Section 5. This Resolution shall take effect upon its adoption. Contact: Kristen Lackey (925) 674-7888 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: January 2016 Annotated Official Minutes 391 C.55 January 2016 Annotated Official Minutes 392 January 2016 Annotated Official Minutes 393 January 2016 Annotated Official Minutes 394 RECOMMENDATION(S): 1. ADOPT Resolution No. 2016/34 authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds") in an amount not to exceed $22,000,000 to provide financing for the costs of acquisition and rehabilitation of Virginia Lane Apartments, a 91-unit residential rental housing development located at 1121 and 1140 Virginia Lane (APN Nos. 128-210-051-8 and 128-290-066-9) in the City of Concord, California (the "Development"). 2. FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct. 3. ACKNOWLEDGE that for purposes of Section 147(f) of the Internal Revenue Code of 1986, authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds") to finance the costs of the acquisition and rehabilitation of Virginia Lane Apartments is subject to Board of Supervisors approval of all documents related to the Bonds to which the County is a party. 4. ACKNOWLEDGE that adoption of this resolution does not relieve or exempt the borrower from obtaining required permits or approvals, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development; and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Kristen Lackey (925) 674-7888 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 56 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:January 19, 2016 Contra Costa County Subject:Multifamily Housing Revenue Bonds - Virginia Lane Apartments, Concord January 2016 Annotated Official Minutes 395 RECOMMENDATION(S): (CONT'D) 5. AUTHORIZE and DIRECT any authorized officer of the County to do any and all things, take any and all actions, and execute and deliver any and all certificates, agreements, and other documents, which the officer may deem necessary or advisable in order to effectuate the intent of the Resolution. Authorized officers include the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, County Administrator, the County Director of Conservation and Development, the County Assistant Deputy Director of Conservation and Development, the County’s Community Development Bond Program Manager, County Counsel, and other officers of the County. FISCAL IMPACT: No impact to the General Fund. In the event that the bonds are issued, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low income households are accommodated in the bond issue. The bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the bond documents. No County funds are pledged to secure the bonds. BACKGROUND: The recommended action is the adoption of a Resolution by the Board, as the legislative body of the County, authorizing the issuance of Multifamily Housing Revenue Bonds, which will be used to finance the acquisition and rehabilitation of Virginia Lane Apartments, a 91-unit rental housing development located at 1121 and 1140 Virginia Lane (APN Nos. 128-210-051-8 and 128-290-066-9) in the City of Concord, California (the "Development"). Through a limited partnership that it has sponsored, Eden Housing Inc. (Eden) currently owns the Development and proposes the use of housing revenue bonds to refinance and rehabilitate the project with a new limited partnership, VL, L.P. The Managing General Partner will be Eden, or a related entity, with a tax credit investor as the limited partner. The proposed financing would implement City of Concord and County policies to maintain and increase the supply of affordable housing. The City Council passed a resolution acknowledging that the County will assist in the financing of the project. At its December 8, 2015 meeting, the Board of Supervisors approved a Reimbursement (Inducement) Resolution for the Development. The Reimbursement Resolution conditionally provided for the issuance of housing revenue bonds. The main purpose of the proposed Resolution is to acknowledge that a public hearing was held by the Community Development Bond Program Manager on January 4, 2016 with no public comment, and to meet other bond issuance requirements which are specified in Section 147(f) of the Internal Revenue Code. The proposed bonds cannot be issued until a separate resolution is adopted by the Board of Supervisors specifically authorizing the sale of the bonds. Such separate resolution to authorize the sale of bonds would come before the Board after receipt of an allocation from the State of California for Private Activity Bond Authority. An application for Private Activity Bond Authority will be submitted to the California Debt Limit Allocation Committee on January 15, 2016. The expected timing for a Bond Sale Resolution would be May, 2017. The proposed resolution would not relieve Eden from obtaining other required permits or approvals required by law, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. Annual expenses of the County related to the monitoring of the Regulatory Agreement are accommodated in the bond issue. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the County from meeting the public approval requirement of the Internal Revenue Code for issuing Multifamily Housing Revenue Bonds. As a result, the Multifamily Housing Revenue Bonds could not be issued by the County. CHILDREN'S IMPACT STATEMENT: January 2016 Annotated Official Minutes 396 The Virginia Lane Apartments provide 91 units of affordable rental housing appropriate for families. This supports outcome #3: Families are Economically Self Sufficient. AGENDA ATTACHMENTS Resolution No. 2016/34 Virginia Lane TEFRA Transcript MINUTES ATTACHMENTS Signed Resolution No. 2016/34 January 2016 Annotated Official Minutes 397 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/34 Resolution Authorizing the Issuance of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to Exceed Twenty-Two Million Dollars ($22,000,000) for the Purpose of Providing Financing for a Residential Rental Project in Concord Generally Known as Virginia Lane Apartments. WHEREAS, the County of Contra Costa (the “County”) is authorized to issue multifamily housing revenue bonds pursuant to Section 52075 and following of the California Health and Safety Code; and WHEREAS, the County desires to participate in financing costs of the acquisition and rehabilitation of a 91-unit residential rental housing development generally known as Virginia Lane Apartments and located at 1121 and 1140 Virginia Lane in Concord, California (the “Development”), which initially will be owned by VL, L.P., a California limited partnership, or another entity to be formed by Eden Housing, Inc. (the “Borrower”), and is expected to be initially operated by Eden Housing Management, Inc. or another entity selected by the Borrower; and WHEREAS, to assist in financing the Development, the County intends to sell and issue not to exceed $22,000,000 principal amount of its multifamily housing revenue bonds (the “Bonds”) and to loan the proceeds of the Bonds to the Borrower, thereby assisting in providing housing for low income persons; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the issuance of the Bonds by the County must be approved by an applicable elected representative body with respect to the Development following the conduct of a public hearing on the proposed financing; and WHEREAS, the Board of Supervisors of the County of Contra Costa (the “Board”), is the elected legislative body of the County and is one of the applicable elected representatives authorized to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the Community Development Bond Program Manager of the County has, following notice duly given, held a public hearing regarding the financing of the Development and the issuance of the Bonds, and a summary of any oral or written testimony received at the public hearing has been presented to the Board of Supervisors for its consideration; and WHEREAS, the Board now desires to approve the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. The Board hereby finds and declares that the foregoing recitals are true and correct. Section 2. For purposes of Section 147(f) of the Code, the Board hereby authorizes the issuance of Bonds by the County to provide financing for costs of the Development. The sale and delivery of the Bonds shall be subject to the approval by the Board of all documents related to the Bonds to which the County is a party. Section 3. The adoption of this Resolution does not (i) relieve or exempt the Borrower from obtaining any permits or approvals that are required by, or determined to be necessary from, the County in connection with the Development, nor (ii) obligate the 4 1 January 2016 Annotated Official Minutes 398 that are required by, or determined to be necessary from, the County in connection with the Development, nor (ii) obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. Section 4. All actions heretofore taken by the officers and agents of the County with respect to the financing of the Development and the sale and issuance of Bonds are hereby approved, ratified and confirmed, and any authorized officer of the County is hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and execute and deliver any an all certificates, agreements and other documents, which any such officer may deem necessary or advisable in order to effectuate the purposes of this Resolution. Section 5. This Resolution shall take effect upon its adoption. Contact: Kristen Lackey (925) 674-7888 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: January 2016 Annotated Official Minutes 399 C.56 January 2016 Annotated Official Minutes 400 January 2016 Annotated Official Minutes 401 January 2016 Annotated Official Minutes 402 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner (1) a purchase order with Dell Inc., for a three year term, in an amount not to exceed $918,915 to purchase Microsoft Office 365 software, hosting, and support services for the Office of the Sheriff, and (2) a Microsoft Enterprise Enrollment agreement with Microsoft Corporation for the Office of the Sheriff to receive Microsoft Office 365 software, hosting, and support services for the period January 19, 2016 to January 19, 2019. FISCAL IMPACT: $918,915. 100% General Fund; Budgeted BACKGROUND: The Office of the Sheriff has traditionally been a Novell customer for file sharing and e-mail applications. It has become increasingly difficult for the Office of the Sheriff to obtain public safety applications that interface directly with Novell applications. Microsoft is the standard in the industry and the Office of the Sheriff would like to move to Microsoft for its e-mail and file sharing applications. Using Microsoft APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III 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: January 19, 2016 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. 60 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:January 19, 2016 Contra Costa County Subject:Purchase Order for Software - Dell January 2016 Annotated Official Minutes 403 BACKGROUND: (CONT'D) Office 365 applications would allow the Office of the Sheriff to centralize many of its software applications into one. For instance, Office 365 and Sharepoint would enable the Office of the Sheriff to replace its Legacy Disc-Image application. Office 365 would also allow the Office of the Sheriff to run mobile management software to track mobile computers and data could be shared seamlessly with outside vendors while controlling access to that data. Office 365 would enable the Office of the Sheriff to be on the latest version of the Microsoft applications while providing significant storage of the existing internal storage systems. The Office of the Sheriff will be using Microsoft’s Government Community Cloud Services for its e-mail application. Using the Government Community Cloud Services for e-mail will provide built in disaster recovery and fault tolerant systems. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will not have authorization to procure needed Microsoft software applications necessary for the day-to-day business of the department. CHILDREN'S IMPACT STATEMENT: No impact. January 2016 Annotated Official Minutes 404 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Auditor-Controller to issue a refund of overpayment of documentary transfer tax in the amount of $303.60 to SPL Express, Inc.,1486 Colorado Blvd., Los Angeles, CA, 90041 (Series # 2015-0224817). FISCAL IMPACT: This is a request to refund $303.60 of over-collected funds. Both the over-payment and reimbursement of documentary transfer tax are from fiscal year 2015-2016 General Fund. BACKGROUND: The County Clerk-Recorder received duplicate payments for documentary transfer tax. A grant deed was submitted twice for recording, so the documentary transfer tax was collected twice. Refund in the amount of $303.60 should be made to: SPL Express, Inc.,1486 Colorado Blvd., Los Angeles, CA 90041, Series # 2015-0224817. CONSEQUENCE OF NEGATIVE ACTION: Failure to reimburse the party would cause the company to pay more than legally required for documentary transfer tax. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Mary Whatford 925-335-7917 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: Auditor-Controller, Clerk-Recorder C. 57 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:January 19, 2016 Contra Costa County Subject:Refund Overpayment of Documentary Transfer Tax January 2016 Annotated Official Minutes 405 RECOMMENDATION(S): APPROVE the change of the name of the Contra Costa Inter-jurisdictional Council on Homelessness to the Contra Costa Council on Homelessness; and APPROVE the Contra Costa Council on Homelessness By-Laws (Rules for the Conduct of Business); and APPROVE the change in the appointment terms from two years expiring on March 31 of even numbered years to two year terms expiring on December 31st, with half the seats expiring in even numbered years and half the seats expiring in odd numbered years; and ADD a Philanthropy Representative, Education and Vocational Services Representative, Homeless Housing Provider, Emergency Solutions Grants Representative, Veterans Administration Representative and a Behavioral Health Representative seat; and DECLARE the Consumer 1, Consumer 2, Health Care Representative, Law Enforcement Representative, Non-Profit Developer or Homeless Service Provider, Consumer Advocate, and the Faith Community Representative seats vacant; and DELETE the Consumer 1 and the Consumer Advocate seats; and RENAME ten other seats as shown: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Lavonna Martin, 313-7704 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: T Scott, M Wilehm, JOanne Sanchez-Rosa C. 61 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:January 19, 2016 Contra Costa County Subject:Revisions to the Contra Costa Council on Homelessness (Rules for the Conduct of Business) January 2016 Annotated Official Minutes 406 RECOMMENDATION(S): (CONT'D) Current Name New Name Housing Provider Public Housing Authority County Government #1 Government Seat #1 County Government #2 Government Seat #2 At-Large No. 1 Community Member Seat #1 At-Large No. 2 Community Member Seat #2 At-Large No. 3 Community Member Seat #3 Law Enforcement Representative Public Safety Representative Non-Profit Developer or Homeless Service Provider CoC/ESG Program Grantee Consumer 2 Consumer/Consumer Advocate Consumer - Alternate Consumer/Consumer Advocate-Alternate FISCAL IMPACT: The revision and endorsement of the Council on Homelessness By-Laws will allow the County to meet federal requirements for funding to prevent and end homelessness. There is no match requirement and no additional County funds are required. BACKGROUND: The Continuum of Care (CoC) Program interim rule requires by-laws to be developed by the Homeless Management Information System (HMIS) lead, the CoC, and the collaborative applicant. The by-laws must include: • All of the policies and procedures that are required to comply with the requirements designated to the CoC in Subpart B of the interim rule; • All policies and procedures required to comply with the HMIS requirements; and • A code of conduct and recusal process for the board, its chair, and other persons acting on behalf of the board Because some of the requirements in Subpart B of the CoC Program interim rule are new, the by-laws need to be updated to consider all additional requirements in Subpart B. Further, the CoC Program interim rule requires that the by-laws be reviewed annually and updated as needed. In March of 2015, the Advisory Board formed an Ad Hoc Committee to address these requirements and align the by-laws with the current goals of the CoC. On June 11, 2015 the Advisory Board moved to approve the suggested edits to the by-laws from the Ad Hoc Committee. The following highlights the key changes from the 2013 by-laws: • Modifying the name of the Continuum of Care from the “Contra Costa Inter-jurisdictional Council on Homelessness” to the “Contra Costa Continuum of Care” for clarity and simplicity; • Modifying the name from the “Contra Costa Inter-jurisdictional Council on Homelessness Advisory Board” to the “Contra Costa Council on Homelessness” for clarity and simplicity; • Council member terms are to be modified so that each seat will have a term of two years expiring on December 31 of alternating years to be compliant with the interim rule. There is a maximum of two consecutive terms in the same seat. Approval of the revised by-laws by the Board of Supervisors will reaffirm Contra Costa’s goal of preventing and ending homelessness. A coordinated response to homelessness is in alignment with the requirements of federal funding sources for homeless assistance, and will effect change through improved outcomes for persons experiencing homelessness, as well as improved competitiveness in national competitions for federal funding sources. The proposed Contra Costa Council on Homelessness roster, after all changes, is shown below: Seat Name Appointee Current Term Proposed New Term January 2016 Annotated Official Minutes 407 Seat Name Appointee Term Expiration New Term Expiration 1 Behavioral Health Representative Vacant 12/31/2017 2 CoC/ESG Program Grantee Vacant 3/31/16 12/31/2016 3 Community Member Seat #1 Teri House 3/31/16 12/31/2016 4 Community Member Seat #2 Vacant 3/31/16 12/31/2017 5 Community Member Seat #3 Janet Kennedy 3/31/16 12/31/2016 6 Consumer/Consumer Advocate **Vacant 3/31/16 12/31/2017 7 Education and Vocational Services Representative Vacant 12/31/2017 8 Emergency Solutions Grants Representative Vacant 12/31/2017 9 Faith Community Representative Vacant 3/31/16 12/31/2016 10 Government Seat #1 Kevin Corrigan 3/31/16 12/31/2016 11 Government Seat #2 Brenda Kain 3/31/16 12/31/2016 12 Health Care Representative Vacant 3/31/16 12/31/2016 13 Homeless Housing Provider Vacant 12/31/2017 14 Philanthropy Representative Vacant 12/31/2017 15 Public Housing Authority Joseph Villarreal 3/31/16 12/31/2016 16 Public Safety Representative Vacant 3/31/16 12/31/2017 17 Veterans Administration Representative Vacant 12/31/2017 18 Consumer/Consumer Advocate - Alternate **Valerie Sloven 3/31/16 12/31/2016 ** The appointees to the Consumer/Consumer Advocate and Alternate seats should have a lived experience of homelessness. CONSEQUENCE OF NEGATIVE ACTION: The County may be in jeopardy of losing funding due to non-compliance with the Continuum of Care (CoC) Program interim rule. CHILDREN'S IMPACT STATEMENT: Not applicable ATTACHMENTS Revised Bylaws - Final Revised Bylaws - Redline version January 2016 Annotated Official Minutes 408 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws January 2016 Annotated Official Minutes 409 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Contra Costa Council on Homelessness By-Laws (Rules for the Conduct of Business) Approved and Adopted by the Contra Costa Council on Homelessness on: __________________ Approved and Adopted by the Contra Costa Board of Supervisors on: __________________ Table of Contents Article I. Name of the Continuum of Care and the Contra Costa Council on Homelessness ................................................................................................................................................. 3 Section 1. CONTRA COSTA CONTINUUM OF CARE ................................................................................... 3 Article II. Overview and Mission ............................................................................................................... 3 Article III. Council on Homelessness Responsibilities ...................................................................... 4 Section 1. FUNCTIONS AND TASKS ........................................................................................................... 4 Section 2. TRANSPARENCY AND DIVERSITY .............................................................................................. 7 Article IV. Council Membership and Committees ............................................................................. 8 Section 1. ELIGIBILITY ............................................................................................................................... 8 Section 2. MEMBERSHIP ........................................................................................................................... 8 Section 3. SELECTION PROCESS ................................................................................................................ 9 Section 4. OFFICERS .................................................................................................................................. 9 Section 5. ELIGIBILITY CRITERIA ................................................................................................................ 9 Section 6. WHEN A SEATED MEMBER NO LONGER MEETS THE ELIGIBILITY CRITERIA .......................... 10 Section 7. MEETINGS AND ATTENDANCE ............................................................................................... 10 Section 8. VOTING MEMBERS................................................................................................................. 10 Section 9. AMENDMENT AND REVIEW ................................................................................................... 10 Section 10. COMMITTEE STRUCTURE AND OPERATIONS ....................................................................... 11 Article V. Conduct & Conflict of Interest ............................................................................................ 11 Section 1. CONDUCT ............................................................................................................................... 12 Section 2. CONFLICT OF INTEREST .......................................................................................................... 12 January 2016 Annotated Official Minutes 410 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 3 Article I. Name of the Continuum of Care and the Contra Costa Council on Homelessness Section 1. CONTRA COSTA CONTINUUM OF CARE The name of this Continuum of Care (CoC) shall be the Contra Costa Continuum of Care, herein referred to as the Continuum of Care or the CoC. The Contra Costa Continuum of Care includes the full general membership of all community members committed to our guiding principle. Section 2. CONTRA COSTA COUNCIL ON HOMELESSNESS The name of this Continuum of Care’s governing body shall be the Contra Costa Council on Homelessness, herein referred to as the Council on Homelessness or the Council. The Council is comprised of the members serving in the seats outlined in Article IV. Council Membership and Committees. Article II. Overview and Mission The Council is committed to the Housing First approach, and has established this Guiding Principle: “Homelessness is first a housing issue, and necessary supports and services are critical to help people remain housed. Our system must be nimble and flexible enough to respond through the shared responsibility, accountability, and transparency of the community.” The CoC has identified two goals and three strategies for the implementation of this Guiding Principle: Goal 1: Permanent Housing Goal 2: Prevention Strategy 1: Coordinated Assessment Strategy 2: Performance Standards Strategy 3: Communication The Contra Costa Council on Homelessness, serving at the pleasure of the Board of Supervisors, provides advice and input on the operations of homeless services, program operations, and program development efforts in Contra Costa County. Further, the Council on Homelessness establishes the local process for applying, reviewing and prioritizing project applications for funding in HUD Homeless Assistance Grant Competitions, including the Continuum of Care (CoC) Program and the Emergency Solutions Grant (ESG) Program. The Council will review, update, and approve the Council on Homelessness Governance Charter at least annually and will update these By-Laws when appropriate. January 2016 Annotated Official Minutes 411 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 4 The Contra Costa Council on Homelessness provides a forum for the Continuum of Care to communicate about the implementation of strategies to prevent and end homelessness. The purpose of the forum is to educate the community on homeless issues, and advocate on federal, state, county and city policy issues that affect people who are homeless or at-risk of homelessness. Article III. Council on Homelessness Responsibilities Section 1. FUNCTIONS AND TASKS The Contra Costa Council on Homelessness is the planning body that coordinates the community’s policies, strategies, and activities toward preventing and ending homelessness in Contra Costa County, California. It is a regional, year-round collective planning body of stakeholders ranging from non-profit service providers to local governmental entities. The Council’s work includes gathering and analyzing information in order to determine the local needs of people experiencing homelessness, implementing strategic responses, educating the community on homeless issues, providing advice and input on the operations of homeless services, and measuring performance as related to serving the homeless population in Contra Costa County. The responsibilities of the Council include the development and implementation of all procedures and policies needed to comply with the HEARTH Act and relevant HUD regulations and guidance (see C.F.R §578.7). The Council must consult with recipients of CoC and ESG funds within Contra Costa County and other homeless service providers in order to coordinate care. Further, it is the role of the Council to provide oversight and take direct action in the following areas: A. COUNCIL ON HOMELESSNESS PLANNING 1. Policies and Procedures i. Develop, follow, and update these By-Laws. ii. Develop, follow, and update annually the Council on Homelessness Governance Charter. iii. Vote on any action items that arise at Council on Homelessness meetings. January 2016 Annotated Official Minutes 412 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 5 iv. Review, rank, and recommend CoC and ESG Program Applications for submission to the Board of Supervisors, the CA Department of Housing and Community Development, and the U.S. Department of Housing and Urban Development. 2. Systems Development i. Implement a coordinated entry system focusing on quality assurance, access, interdependency between programs and interdependency between programs and clients, and addressing barriers. ii. Develop and implement written standards for providing CoC assistance, including written policies and procedures as required by HUD. 3. Data, Analysis, and Evaluation i. Point-in-Time Count Plan for and conduct, at least biennially, a point-in-time count of homeless persons within Contra Costa County that meets HUD requirements, including a housing inventory of shelters, transitional housing, and permanent housing reserved for homeless persons, in general, and chronically homeless persons and veterans, specifically, as HUD requires. ii. HMIS Design and operate the Contra Costa County Homeless Management Information System (Contra Costa HMIS) Project. Designate a single HMIS lead agency. Ensure consistent participation in HMIS by recipients and sub- recipients, and that the HMIS is administered pursuant to all HUD requirements. In compliance with Sub-part B and the HMIS requirements, the HMIS Governance Charter, Policies and Procedures, and the Data Security, Quality, and Client Data and Privacy Plans outline specific details as to the relationship between the Council on Homelessness and the collaborative applicant, namely the Contra Costa County Behavioral Health Homeless Program. These By-Laws fully incorporate those standards, policies, and plans. January 2016 Annotated Official Minutes 413 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 6 iii. Performance Measurement Develop performance measures that can be used to inform a variety of tasks, including CoC Program competition project scoring and reporting; determining how federal, state, and local funds should be utilized; and, creating a responsive system that provides constructive support promoting efficiency by analyzing and responding to gaps in housing and service interventions offered in the system. Additionally, the Council will: 1. Set targets that focus on real change, and are meaningful (relevant to the desired impact), measurable, realistic (adaptable and flexible), and regularly assessed. 2. Consult with recipients and sub-recipients, evaluate their performance, and take action against poor performers. iv. Conduct an initial comprehensive assessment in coordination with ESG Program, and then annually conduct a gaps analysis of the needs of homeless people, as compared to available housing and services within Contra Costa County. v. Facilitate and support the reporting of outcomes of CoC and ESG programs to HUD in coordination with the Collaborative Applicant. B. FUNDING COORDINATION 1. Facilitate and support the development of funds and resources for homeless services in Contra Costa County in partnership with local jurisdictions located in Contra Costa County. Specifically, the Council will: i. Provide information required to complete the Consolidated Plan(s) within Contra Costa County. ii. Consult with State and local government ESG recipients within Contra Costa County on the plan for allocating ESG funds and reporting on and evaluating the performance of ESG recipients and subrecipients. Further, in consultation with recipients of ESG funds within Contra Costa County, January 2016 Annotated Official Minutes 414 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 7 establish and consistently follow written standards for providing homeless services and housing assistance. C. COMMUNITY ENGAGEMENT 1. Facilitate a forum for Healthcare for the Homeless partners to voice the concerns of the people they serve. Discuss issues relating to access to health care for homeless persons. i. Analyze biannual reports from the Consumer Advisory Board and make recommendations to the Board of Supervisors and cities located in Contra Costa County concerning those issues. ii. Evaluate the operation of Healthcare for the Homeless and make recommendations on how service delivery can be made more responsive to the needs of the homeless community. 2. Encourage and develop public understanding and education on homeless and housing issues in relationship to identified strategies. 3. Advise the Board of Supervisors, the Behavioral Health Director, and the Health Services Director, on the special needs of the homeless and matters of urgency regarding homelessness. Specifically, the Council will: i. Provide advocacy on homeless concerns to the Board of Supervisors and cities located in Contra Costa County. 4. Make recommendations about long-range planning and policy formulation to the Board of Supervisors and cities located in Contra Costa County. Section 2. TRANSPARENCY AND DIVERSITY The Council encourages all members of the community to participate in group discussions and working groups. The Council ensures a diverse population contributes to deliberations and decision-making—including consumers and community members—as well as gender, ethnic, cultural, and geographical representation. To align with this effort, the Council conducts an annual recruitment effort by advertising open positions. Further, all interested persons are encouraged to attend meetings, provide input, and voice concerns to the Council. January 2016 Annotated Official Minutes 415 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 8 The Council follows all provisions of the Brown Act and the Better Government Ordinance in its conduct as a public body. CoC membership is open to any interested party upon request. Further, anyone interested in sitting on the Council may submit an application in compliance with the process established by the Contra Costa County Board of Supervisors. Article IV. Council Membership and Committees Section 1. ELIGIBILITY All members of the Contra Costa Council on Homelessness must reside in or be employed in Contra Costa County. All members of the Council shall demonstrate a professional interest in, or personal commitment to addressing and alleviating the impact of homelessness on the people of the County of Contra Costa. Section 2. MEMBERSHIP Membership on the Council will be as shown in the chart below. The Council will make an invitation for new members to join publically available annually. Each seat will have a term of two years expiring in alternating years: Area of Representation 1. Behavioral Health Representative 2. CoC/ESG Program Grantee 3. Community Member Seat #1 4. Community Member Seat #2 5. Community Member Seat #3 6. Consumer/Consumer Advocate* 7. Education and Vocational Services Representative 8. Emergency Solutions Grants Representative 9. Faith Community Representative 10. Government Seat #1 11. Government Seat #2 12. Health Care Representative 13. Homeless Housing Provider 14. Philanthropy Representative 15. Public Housing Authority 16. Public Safety Representative 17. Veterans Administration Representative 18. Consumer/Consumer Advocate Alternate* * The appointees to the Consumer/Consumer Advocate Seat and Alternate Seat must have a lived experience of homelessness (i.e., be homeless or formerly homeless). All representatives appointed by the Board of Supervisors serve at the pleasure of the Board of Supervisors and may have their appointments rescinded by majority vote of the Board of Supervisors. January 2016 Annotated Official Minutes 416 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 9 In addition to the seats that have already been designated, outreach will be made to specifically obtain participation from the following groups: veterans’ rights advocates, victim service providers, school districts, colleges and universities, social service providers, and mental health agencies. In addition to the above requirements, both public- and private-sector seats should, as much as possible, include representation from organizations or agencies who serve various homeless subpopulations such as: persons with chronic substance abuse issues, persons with serious mental illness, persons experiencing chronic homelessness, persons with HIV/AIDS, veterans, families with children, unaccompanied youth, victims of domestic violence, dating violence, sexual assault, and stalking, and seniors. Section 3. SELECTION PROCESS The Council will review all eligible applications for open seats annually. The Council will recommend new members through majority vote. This selection process will be reviewed by the CoC every five years at a minimum. Section 4. OFFICERS The Council shall elect one chair and one vice-chair to provide for the operation and conduct of business. Terms for the Officers shall be two years. Officers may serve no more than two consecutive terms in the same Council seat. Officers may recommend and implement policies governing the business and operation of the Council. The Chair of the Council shall provide oversight for the operation of the Council. The Chair shall preside over meetings of the Council. The Chair may call for special meetings of the Council or its committees. The Vice-Chair shall provide oversight for the operations of all sub-committees. If the Chair is absent, or the office is vacant, the Vice-Chair shall assume responsibility for the operation of the Council. Section 5. ELIGIBILITY CRITERIA In addition to residency requirements, to be eligible for Council membership: A person must contribute unique expertise, opinions, and viewpoints on homeless issues. Where a potential Council member represents a coalition, consortium, association, neighborhood group, or voluntary organization, the nominee must represent to the Council the group's mission, in addition to the various viewpoints personally held by the nominee. January 2016 Annotated Official Minutes 417 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 10 Section 6. WHEN A SEATED MEMBER NO LONGER MEETS THE ELIGIBILITY CRITERIA If a seated Council member no longer meets the eligibility criteria, the Council: A. May request the Council member to submit a statement of resignation to the Council within 30 days of the change. B. May recommend to the Board of Supervisors the removal of the member and the subsequent appointment of an eligible nominee selected by the Council. C. May, where there is no apparent candidate to fill the seat, continue the seated member's participation, with or without limitation, until an eligible candidate is found. D. A designated Council member, or staff, if any, may, where a resignation is not forthcoming, contact the seated Council member who no longer meets the eligibility criteria. Section 7. MEETINGS AND ATTENDANCE The Council will set an annual meeting schedule. The Council will meet monthly and the full membership of the Continuum of Care will convene quarterly with published agendas. Two absences, excused or unexcused, from the regularly scheduled Council meeting in a rolling 12-month period will warrant inquiry from the Council as to ability and interest of the individual in continuing as a member. Three absences, excused or unexcused, within a rolling 12-month period from time of appointment will result in a recommendation to the Board of Supervisors that this member be removed from the Council. Any Council member unable to attend a meeting should notify the Chair of the Council or its administrative designee. The Chair of the Council or its administrative designee will maintain attendance records, and notify the Council when two absences are recorded. Section 8. VOTING MEMBERS A quorum of 50% plus one of the seated Council members is required for the conduct of business. Decisions must be made by an affirmative vote of 50% plus one Council member present during a Council meeting. Section 9. AMENDMENT AND REVIEW January 2016 Annotated Official Minutes 418 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 11 The Council will review the Governance Charter and By-laws at least annually and update and approve as needed. Amendment requires a majority vote of the Council at a regularly scheduled Council meeting, provided that notice of the scheduled vote on the amendment was provided at least two weeks prior to that Council meeting. Amendment of the Council on Homelessness Governance Charter and By-laws requires an affirmative vote of two-thirds majority of current sitting Council members. Amendments to the By-Laws must be submitted to the Contra Costa County Board of Supervisors for approval. An amendment of the By-Laws takes effect only upon approval by the Board of Supervisors. Section 10. COMMITTEE STRUCTURE AND OPERATIONS A. There is only one Council on Homelessness standing committee: the Consumer Advisory Board Committee. This committee is charged with providing information to the Council on the effectiveness of the various services, assisting with identification of gaps in services, providing feedback to the Council from other consumers, and bringing forward for discussion and possible presentation to the Council, ideas and strategies for preventing and ending homelessness from a consumer's viewpoint. B. The Council may create ad hoc committees as the need arises. The purpose of these ad hoc committees will be to develop recommended solutions to the specific issue for which they were created. The ad hoc committees may be comprised of members of the CoC and outside individuals. Ad hoc committees may be dissolved upon a vote of the Council. C. The Council may create an ad hoc nominating committee to make recommendations on the filling of vacancies. The ad hoc nominating committee will solicit and assess applicants, rank them in order of preferred appointment, and submit these recommendations to the Council for approval. The Council will submit final recommendations to the Board of Supervisors. D. Ad hoc committees can be appointed to address any matters within the jurisdiction of the Council. Article V. Conduct & Conflict of Interest January 2016 Annotated Official Minutes 419 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 12 Section 1. CONDUCT Each Council member will uphold certain standards of performance and good conduct and avoid real or apparent conflicts of interest. In order to prevent a conflict of interest, a Council member, chairperson, employee, agent, or consultant of the Council may not: A. Influence decisions concerning the selection or award of a grant or other financial benefit to an organization that the Council member, employee, officer, or agent has a financial or other interest in or represents, except for the Council itself. B. Solicit and/or accept gifts or gratuities by anyone for their personal benefit in excess of minimal value. C. Engage in any behavior demonstrating an actual conflict of interest or giving the appearance of any such conflict. Section 2. CONFLICT OF INTEREST All Council members must file an initial and annual conflict of interest statement with the filing officer designated in the code. Failure to file such a statement may result in the removal of a member. January 2016 Annotated Official Minutes 420 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws January 2016 Annotated Official Minutes 421 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Contra Costa Council on Homelessness By-Laws (Rules for the Conduct of Business) Approved and Adopted by the Contra Costa Council on Homelessness on: __________________ Approved and Adopted by the Contra Costa Board of Supervisors on: __________________ Table of Contents Article I. Name of the Continuum of Care and the Contra Costa Council on Homelessness ..................................................................................................................... 3 Section 1. CONTRA COSTA CONTINUUM OF CARE ................................................................................... 3 Article II. Overview and Mission ...................................................................................... 3 Article III. Council on Homelessness Responsibilities ................................................... 4 Section 1. FUNCTIONS AND TASKS ........................................................................................................... 4 Section 2. TRANSPARENCY AND DIVERSITY .............................................................................................. 7 Article IV. Council Membership and Committees .......................................................... 8 Section 1. ELIGIBILITY ............................................................................................................................... 8 Section 2. MEMBERSHIP ........................................................................................................................... 8 Section 3. SELECTION PROCESS ................................................................................................................ 9 Section 4. OFFICERS .................................................................................................................................. 9 Section 5. ELIGIBILITY CRITERIA ................................................................................................................ 9 Section 6. WHEN A SEATED MEMBER NO LONGER MEETS THE ELIGIBILITY CRITERIA .......................... 10 Section 7. MEETINGS AND ATTENDANCE ............................................................................................... 10 Section 8. VOTING MEMBERS................................................................................................................. 10 Section 9. AMENDMENT AND REVIEW ................................................................................................... 10 Section 10. COMMITTEE STRUCTURE AND OPERATIONS ....................................................................... 11 Article V. Conduct & Conflict of Interest ...................................................................... 11 Section 1. CONDUCT ............................................................................................................................... 12 Section 2. CONFLICT OF INTEREST .......................................................................................................... 12 January 2016 Annotated Official Minutes 422 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 3 Article I. Name of the Continuum of Care and the Contra Costa Council on Homelessness Section 1. CONTRA COSTA CONTINUUM OF CARE The name of this Continuum of Care (CoC) shall be the Contra Costa Continuum of Care, herein referred to as the Continuum of Care or the CoC. The Contra Costa Continuum of Care includes the full general membership of all community members committed to our guiding principle. Section 2. CONTRA COSTA COUNCIL ON HOMELESSNESS The name of this Continuum of Care’s governing body shall be the Contra Costa Council on Homelessness, herein referred to as the Council on Homelessness or the Council. The Council is comprised of the members serving in the seats outlined in Article IV. Council Membership and Committees. Article II. Overview and Mission The Council is committed to the Housing First approach, and has established this Guiding Principle: “Homelessness is first a housing issue, and necessary supports and services are critical to help people remain housed. Our system must be nimble and flexible enough to respond through the shared responsibility, accountability, and transparency of the community.” The CoC has identified two goals and three strategies for the implementation of this Guiding Principle: Goal 1: Permanent Housing Goal 2: Prevention Strategy 1: Coordinated Assessment Strategy 2: Performance Standards Strategy 3: Communication The Contra Costa Council on Homelessness, serving at the pleasure of the Board of Supervisors, provides advice and input on the operations of homeless services, program operations, and program development efforts in Contra Costa County. Further, the Council on Homelessness establishes the local process for applying, reviewing and prioritizing project applications for funding in HUD Homeless Assistance Grant Competitions, including the Continuum of Care (CoC) Program and the Emergency Solutions Grant (ESG) Program. The Council will review, update, and approve the Council on Homelessness Governance Charter at least annually and will update these By-Laws when appropriate. January 2016 Annotated Official Minutes 423 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 4 The Contra Costa Council on Homelessness provides a forum for the Continuum of Care to communicate about the implementation of strategies to prevent and end homelessness. The purpose of the forum is to educate the community on homeless issues, and advocate on federal, state, county and city policy issues that affect people who are homeless or at-risk of homelessness. Article III. Council on Homelessness Responsibilities Section 1. FUNCTIONS AND TASKS The Contra Costa Council on Homelessness is the planning body that coordinates the community’s policies, strategies, and activities toward preventing and ending homelessness in Contra Costa County, California. It is a regional, year-round collective planning body of stakeholders ranging from non-profit service providers to local governmental entities. The Council’s work includes gathering and analyzing information in order to determine the local needs of people experiencing homelessness, implementing strategic responses, educating the community on homeless issues, providing advice and input on the operations of homeless services, and measuring performance as related to serving the homeless population in Contra Costa County. The responsibilities of the Council include the development and implementation of all procedures and policies needed to comply with the HEARTH Act and relevant HUD regulations and guidance (see C.F.R §578.7). The Council must consult with recipients of CoC and ESG funds within Contra Costa County and other homeless service providers in order to coordinate care. Further, it is the role of the Council to provide oversight and take direct action in the following areas: A. COUNCIL ON HOMELESSNESS PLANNING 1. Policies and Procedures i. Develop, follow, and update these By-Laws. ii. Develop, follow, and update annually the Council on Homelessness Governance Charter. iii. Vote on any action items that arise at Council on Homelessness meetings. January 2016 Annotated Official Minutes 424 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 5 iv. Review, rank, and recommend CoC and ESG Program Applications for submission to the Board of Supervisors, the CA Department of Housing and Community Development, and the U.S. Department of Housing and Urban Development. 2. Systems Development i. Implement a coordinated entry system focusing on quality assurance, access, interdependency between programs and interdependency between programs and clients, and addressing barriers. ii. Develop and implement written standards for providing CoC assistance, including written policies and procedures as required by HUD. 3. Data, Analysis, and Evaluation i. Point-in-Time Count Plan for and conduct, at least biennially, a point-in-time count of homeless persons within Contra Costa County that meets HUD requirements, including a housing inventory of shelters, transitional housing, and permanent housing reserved for homeless persons, in general, and chronically homeless persons and veterans, specifically, as HUD requires. ii. HMIS Design and operate the Contra Costa County Homeless Management Information System (Contra Costa HMIS) Project. Designate a single HMIS lead agency. Ensure consistent participation in HMIS by recipients and sub- recipients, and that the HMIS is administered pursuant to all HUD requirements. In compliance with Sub-part B and the HMIS requirements, the HMIS Governance Charter, Policies and Procedures, and the Data Security, Quality, and Client Data and Privacy Plans outline specific details as to the relationship between the Council on Homelessness and the collaborative applicant, namely the Contra Costa County Behavioral Health Homeless Program. These By-Laws fully incorporate those standards, policies, and plans. January 2016 Annotated Official Minutes 425 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 6 iii. Performance Measurement Develop performance measures that can be used to inform a variety of tasks, including CoC Program competition project scoring and reporting; determining how federal, state, and local funds should be utilized; and, creating a responsive system that provides constructive support promoting efficiency by analyzing and responding to gaps in housing and service interventions offered in the system. Additionally, the Council will: 1. Set targets that focus on real change, and are meaningful (relevant to the desired impact), measurable, realistic (adaptable and flexible), and regularly assessed. 2. Consult with recipients and sub-recipients, evaluate their performance, and take action against poor performers. iv. Conduct an initial comprehensive assessment in coordination with ESG Program, and then annually conduct a gaps analysis of the needs of homeless people, as compared to available housing and services within Contra Costa County. v. Facilitate and support the reporting of outcomes of CoC and ESG programs to HUD in coordination with the Collaborative Applicant. B. FUNDING COORDINATION 1. Facilitate and support the development of funds and resources for homeless services in Contra Costa County in partnership with local jurisdictions located in Contra Costa County. Specifically, the Council will: i. Provide information required to complete the Consolidated Plan(s) within Contra Costa County. ii. Consult with State and local government ESG recipients within Contra Costa County on the plan for allocating ESG funds and reporting on and evaluating the performance of ESG recipients and subrecipients. Further, in consultation with recipients of ESG funds within Contra Costa County, January 2016 Annotated Official Minutes 426 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 7 establish and consistently follow written standards for providing homeless services and housing assistance. C. COMMUNITY ENGAGEMENT 1. Facilitate a forum for Healthcare for the Homeless partners to voice the concerns of the people they serve. Discuss issues relating to access to health care for homeless persons. i. Analyze biannual reports from the Consumer Advisory Board and make recommendations to the Board of Supervisors and cities located in Contra Costa County concerning those issues. ii. Evaluate the operation of Healthcare for the Homeless and make recommendations on how service delivery can be made more responsive to the needs of the homeless community. 2. Encourage and develop public understanding and education on homeless and housing issues in relationship to identified strategies. 3. Advise the Board of Supervisors, the Behavioral Health Director, and the Health Services Director, on the special needs of the homeless and matters of urgency regarding homelessness. Specifically, the Council will: i. Provide advocacy on homeless concerns to the Board of Supervisors and cities located in Contra Costa County. 4. Make recommendations about long-range planning and policy formulation to the Board of Supervisors and cities located in Contra Costa County. Section 2. TRANSPARENCY AND DIVERSITY The Council encourages all members of the community to participate in group discussions and working groups. The Council ensures a diverse population contributes to deliberations and decision-making—including consumers and community members—as well as gender, ethnic, cultural, and geographical representation. To align with this effort, the Council conducts an annual recruitment effort by advertising open positions. Further, all interested persons are encouraged to attend meetings, provide input, and voice concerns to the Council. January 2016 Annotated Official Minutes 427 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 8 The Council follows all provisions of the Brown Act and the Better Government Ordinance in its conduct as a public body. CoC membership is open to any interested party upon request. Further, anyone interested in sitting on the Council may submit an application in compliance with the process established by the Contra Costa County Board of Supervisors. Article IV. Council Membership and Committees Section 1. ELIGIBILITY All members of the Contra Costa Council on Homelessness must reside in or be employed in Contra Costa County. All members of the Council shall demonstrate a professional interest in, or personal commitment to addressing and alleviating the impact of homelessness on the people of the County of Contra Costa. Section 2. MEMBERSHIP Membership on the Council will be as shown in the chart below. The Council will make an invitation for new members to join publically available annually. Each seat will have a term of two years expiring in alternating years: Area of Representation 1. Behavioral Health Representative 2. CoC/ESG Program Grantee 3. Community Member Seat #1 4. Community Member Seat #2 5. Community Member Seat #3 6. Consumer/Consumer Advocate* 7. Education and Vocational Services Representative 8. Emergency Solutions Grants Representative 9. Faith Community Representative 10. Government Seat #1 11. Government Seat #2 12. Health Care Representative 13. Homeless Housing Provider 14. Philanthropy Representative 15. Public Housing Authority 16. Public Safety Representative 17. Veterans Administration Representative 18. Consumer/Consumer Advocate Alternate* * The appointees to the Consumer/Consumer Advocate Seat and Alternate Seat must have a lived ewxperience of homelessness (i.e., be homeless or formerly homeless). All representatives appointed by the Board of Supervisors serve at the pleasure of the Board of Supervisors and may have their appointments rescinded by majority vote of the Board of Supervisors. January 2016 Annotated Official Minutes 428 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 9 In addition to the seats that have already been designated, outreach will be made to specifically obtain participation from the following groups: veterans’ rights advocates, victim service providers, school districts, colleges and universities, social service providers, and mental health agencies. In addition to the above requirements, both public- and private-sector seats should, as much as possible, include representation from organizations or agencies who serve various homeless subpopulations such as: persons with chronic substance abuse issues, persons with serious mental illness, persons experiencing chronic homelessness, persons with HIV/AIDS, veterans, families with children, unaccompanied youth, victims of domestic violence, dating violence, sexual assault, and stalking, and seniors. Section 3. SELECTION PROCESS The Council will review all eligible applications for open seats annually. The Council will recommend new members through majority vote. This selection process will be reviewed by the CoC every five years at a minimum. Section 4. OFFICERS The Council shall elect one chair and one vice-chair to provide for the operation and conduct of business. Terms for the Officers shall be two years. Officers may serve no more than two consecutive terms in the same Council seat. Officers may recommend and implement policies governing the business and operation of the Council. The Chair of the Council shall provide oversight for the operation of the Council. The Chair shall preside over meetings of the Council. The Chair may call for special meetings of the Council or its committees. The Vice-Chair shall provide oversight for the operations of all sub-committees. If the Chair is absent, or the office is vacant, the Vice-Chair shall assume responsibility for the operation of the Council. Section 5. ELIGIBILITY CRITERIA In addition to residency requirements, to be eligible for Council membership: A person must contribute unique expertise, opinions, and viewpoints on homeless issues. Where a potential Council member represents a coalition, consortium, association, neighborhood group, or voluntary organization, the nominee must represent to the Council the group's mission, in addition to the various viewpoints personally held by the nominee. January 2016 Annotated Official Minutes 429 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 10 Section 6. WHEN A SEATED MEMBER NO LONGER MEETS THE ELIGIBILITY CRITERIA If a seated Council member no longer meets the eligibility criteria, the Council: A. May request the Council member to submit a statement of resignation to the Council within 30 days of the change. B. May recommend to the Board of Supervisors the removal of the member and the subsequent appointment of an eligible nominee selected by the Council. C. May, where there is no apparent candidate to fill the seat, continue the seated member's participation, with or without limitation, until an eligible candidate is found. D. A designated Council member, or staff, if any, may, where a resignation is not forthcoming, contact the seated Council member who no longer meets the eligibility criteria. Section 7. MEETINGS AND ATTENDANCE The Council will set an annual meeting schedule. The Council will meet monthly and the full membership of the Continuum of Care will convene quarterly with published agendas. Two absences, excused or unexcused, from the regularly scheduled Council meeting in a rolling 12-month period will warrant inquiry from the Council as to ability and interest of the individual in continuing as a member. Three absences, excused or unexcused, within a rolling 12-month period from time of appointment will result in a recommendation to the Board of Supervisors that this member be removed from the Council. Any Council member unable to attend a meeting should notify the Chair of the Council or its administrative designee. The Chair of the Council or its administrative designee will maintain attendance records, and notify the Council when two absences are recorded. Section 8. VOTING MEMBERS A quorum of 50% plus one of the seated Council members is required for the conduct of business. Decisions must be made by an affirmative vote of 50% plus one Council member present during a Council meeting. Section 9. AMENDMENT AND REVIEW January 2016 Annotated Official Minutes 430 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 11 The Council will review the Governance Charter and By-laws at least annually and update and approve as needed. Amendment requires a majority vote of the Council at a regularly scheduled Council meeting, provided that notice of the scheduled vote on the amendment was provided at least two weeks prior to that Council meeting. Amendment of the Council on Homelessness Governance Charter and By-laws requires an affirmative vote of two-thirds majority of current sitting Council members. Amendments to the By-Laws must be submitted to the Contra Costa County Board of Supervisors for approval. An amendment of the By-Laws takes effect only upon approval by the Board of Supervisors. Section 10. COMMITTEE STRUCTURE AND OPERATIONS A. There is only one Council on Homelessness standing committee: the Consumer Advisory Board Committee. This committee is charged with providing information to the Council on the effectiveness of the various services, assisting with identification of gaps in services, providing feedback to the Council from other consumers, and bringing forward for discussion and possible presentation to the Council, ideas and strategies for preventing and ending homelessness from a consumer's viewpoint. B. The Council may create ad hoc committees as the need arises. The purpose of these ad hoc committees will be to develop recommended solutions to the specific issue for which they were created. The ad hoc committees may be comprised of members of the CoC and outside individuals. Ad hoc committees may be dissolved upon a vote of the Council. C. The Council may create an ad hoc nominating committee to make recommendations on the filling of vacancies. The ad hoc nominating committee will solicit and assess applicants, rank them in order of preferred appointment, and submit these recommendations to the Council for approval. The Council will submit final recommendations to the Board of Supervisors. D. Ad hoc committees can be appointed to address any matters within the jurisdiction of the Council. Article V. Conduct & Conflict of Interest January 2016 Annotated Official Minutes 431 Contra Costa Council on Homelessness Contra Costa Council on Homelessness By-Laws Page 12 Section 1. CONDUCT Each Council member will uphold certain standards of performance and good conduct and avoid real or apparent conflicts of interest. In order to prevent a conflict of interest, a Council member, chairperson, employee, agent, or consultant of the Council may not: A. Influence decisions concerning the selection or award of a grant or other financial benefit to an organization that the Council member, employee, officer, or agent has a financial or other interest in or represents, except for the Council itself. B. Solicit and/or accept gifts or gratuities by anyone for their personal benefit in excess of minimal value. C. Engage in any behavior demonstrating an actual conflict of interest or giving the appearance of any such conflict. Section 2. CONFLICT OF INTEREST E. All Council members must file an initial and annual conflict of interest statement with the filing officer designated in the code. Failure to file such a statement may result in the removal of a member. January 2016 Annotated Official Minutes 432 RECOMMENDATION(S): 1. ADOPT Resolution No. 2016/32 approving an administrative budget for the Successor Agency for the period July 1, 2016 through June 30, 2017 (“Administrative Budget”) and the Recognized Obligation Payment Schedule for the period of July 1, 2016 through June 30, 2017 (“ROPS 16-17”), both of which are attached as Exhibit A and Exhibit B, respectively. 2. FIND that the Administrative Budget and ROPS 16-17 are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines; and 3. DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk and pay the filing fee. FISCAL IMPACT: None to the General Fund. Since dissolution of the Contra Costa County Redevelopment Agency (the “Dissolved RDA”), tax increment is now deposited in the Redevelopment Property Tax Trust Fund (“RPTTF”), which is administered by the County Auditor-Controller. Distributions are made semi-annually from the RPTTF by the County Auditor-Controller to the Successor Agency to fund the Successor Agency's administrative budget and Recognized Obligation Payment Schedule. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Maureen Toms (925) 674-7878 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 63 To:Successor to the Contra Costa County Redevelopment Agency From:John Kopchik, Director, Conservation & Development Department Date:January 19, 2016 Contra Costa County Subject:Recognized Obligation Payment Schedule for July 1, 2016 - June 30, 2017 January 2016 Annotated Official Minutes 433 FISCAL IMPACT: (CONT'D) These funds are distinct and separate from other funds used by the Department of Conservation and Development. According to state law, any obligation of the Successor Agency that cannot be funded by the RPTTF would not be an obligation of the County. BACKGROUND: Administrative Budget According to Health & Safety Code Section 34177 of Assembly Bill x126 (the “Dissolution Act”), the Successor Agency staff prepares a draft administrative budget and submits it to the Oversight Board for approval. Prior to the Oversight Board’s approval of the administrative budget, the Board of Supervisors, acting in the capacity as the governing board of the Successor Agency for the Contra Costa County Redevelopment Agency, should review and approve the proposed administrative budget. The state statute specifies a minimum administrative cost allowance to the Successor Agency for its administrative costs, using a percentage of property tax revenue allocated by the County Auditor-Controller to the Successor Agency to meet enforceable obligations. The County Auditor-Controller calculates the allowance using three percent of the distribution to be received by the Successor Agency from the Redevelopment Property Tax Trust Funds (RPTTF) or $250,000 for the fiscal year, whichever amount is greater. The estimate for the Fiscal Year 2016-17 administrative budget is $252,544, three percent of the Successor Agency’s RPTTF distribution, therefore $126,272 for administrative costs is expected to be distributed in July 2016 and January 2017. Some Successor Agency staff costs are project-related and charged to non-administrative enforceable obligations (e.g. management of construction projects) shown on the Recognized Obligation Payment Schedules (ROPSs). These non-administrative and project management costs are now estimated to contribute $70,000 in revenue for the administrative budget in ROPS 16-17 period. The administrative budget is attached as Exhibit A. Recognized Obligation Payment Schedule 16-17 Beginning in Fiscal Year 2013-14, the Department of Finance ("DOF") implemented a new naming convention for ROPS prepared for each six-month spending period. The ROPS for the January 1, 2016 to June 30, 2016 time period is the ninth ROPS prepared by the Successor Agency and is named "ROPS 15-16B" according to the DOF naming convention. This naming convention helps the DOF determine which six-month period of the fiscal year is covered by the ROPS. ROPS 15-16A covered the first half of Fiscal Year 15-16 and ROPS 15-16B covers the second half. Beginning with the fiscal year 16-17 period, the ROPS will be prepared annually, due February 1, prior to the beginning of the fiscal year. The distributions will continue to be made semi-annually. Resolution No. 2016/32 adopts ROPS 16-17, which is included as Exhibit B to this report. After adoption by the Successor Agency, ROPS 16-17 will be submitted to the Oversight Board for approval. The Oversight Board is scheduled to meet on January 27, 2016. As required under Health and Safety Code Section 34179.6, ROPS 16-17 will be submitted to the State Controller's Office, DOF and the County Auditor-Controller, and will be posted on the Successor Agency's website. The DOF must receive ROPS 16-17 no later than February 1, 2016. Assembly Bill 1484, the Dissolution Act "clean-up" legislation, became law on June 27, 2012. It provides a 45-day review period for the DOF once the Oversight Board has approved the ROPS. Within five days of the DOF decision on a ROPS, a Successor Agency may request a meet and confer with the DOF to discuss any disputed items. January 2016 Annotated Official Minutes 434 Environmental Review The actions set forth in Resolution No. 2016/32 as summarized above, are exempt under Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (the "CEQA") in that it can be seen with a certainty that the actions will not have a significant adverse impact on the environment. The actions are required to continue a governmental funding mechanism for financial obligations of the former Redevelopment Agency and to perform the statutorily mandated unwinding of the assets, liabilities, and functions of the Dissolved RDA pursuant to the Dissolution Act. A Notice of Exemption will be filed with the County Clerk in accordance with the CEQA guidelines. CONSEQUENCE OF NEGATIVE ACTION: Failure to adopt the resolution would require the Board to consider other options for providing and funding staff support for the Successor Agency. Without approving the Recognized Obligation Payment Schedule for the period July 1, 2016 through June 30, 2017, the County Auditor-Controller would not be able to allocate funds to the Successor Agency for staffing services and payment of recognized obligations during this twelve-month period, and the Successor Agency would risk defaulting on enforceable obligations. AGENDA ATTACHMENTS Resolution No. 2016/32 Exhibit A - Administrative Budget Exhibit B-ROPS 16-17 MINUTES ATTACHMENTS Signed Resolution No. 2016/32 January 2016 Annotated Official Minutes 435 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 01/19/2016 by the following vote: AYE: John Gioia Candace Andersen Karen Mitchoff Federal D. Glover NO: ABSENT:Mary N. Piepho ABSTAIN: RECUSE: Resolution No. 2016/32 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE CONTRA COSTA COUNTY REDEVELOPMENT, A SEPARATE LEGAL ENTITY, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2016 THROUGH JUNE 30, 2017 ("ROPS 16-17") AND THE ADMINISTRATIVE BUDGET FOR FISCAL YEAR 16-17, AND DIRECTING THE COUNTY ADMINSTRATOR TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE REQUIREMENTS ASSOCIATED WITH THIS APPROVAL WHEREAS, pursuant to ABx1 26 as amended by AB 1484 (the "Dissolution Act"), the separate legal entity known as the Successor Agency of the Contra Costa County Redevelopment Agency (the "Successor Agency") must prepare "Recognized Obligation Payment Schedules" ("ROPS") that enumerates the enforceable obligations and expenses of the Successor Agency for each successive fiscal period until the wind down and disposition of assets of the dissolved Contra Costa County Redevelopment Agency (the "Dissolved RDA") has been completed; and WHEREAS, the Successor Agency staff has prepared a ROPS for the 12-month fiscal period commencing on July 1, 2016 and continuing through June 30, 2017 ("ROPS 16-17"); and WHEREAS, the Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2016 and continuing through June 30, 2017 ("FY 16-17 Administrative Budget"); and WHEREAS, the Successor Agency is entitled to an administrative cost allowance (the "Administrative Cost Allowance") pursuant to Health and Safety Code Sections 34171(b) and 34183(a)(3) in the approximate amount of $252,544 for the 2016-17 fiscal year of which $126,272 is expected to be dispursed in July 2016 and $126,272 will be disbursed in January 2017; and WHEREAS, under the Dissolution Act, ROPS 16-17 and the FY 16-17 Administrative Budget must be approved by the Successor Agency's oversight board (the "Oversight Board") to enable the Successor Agency to continue to make payments on enforceable obligations and to pay for administrative costs of the Successor Agency; and WHEREAS, the Board of Supervisors, acting as the Governing Board of the Successor Agency, has considered and desires to approve the following documents, copies of which are on file with the Clerk of the Board of Supervisors (acting on behalf of the Successor Agency): The ROPS 16-17; and1. The FY 16-17 Administrative Budget; and2. WHEREAS, the ROPS 16-17 and the FY 16-17 Administrative Budget will be submitted by the Successor Agency to the Oversight Board for the Oversight Board's approval in accordance with Health and Safety Code Sections 34177 and 34180(g); and WHEREAS, the ROPS 16-17 and the FY 16-17 Administrative Budget will also be submitted by the Successor Agency to the Contra Costa County Administrative Officer, the Contra Costa County Auditor-Controller, and the State Department of Finance in accordance with Health and Safety Code Section 34179.6; and WHEREAS, approval of the ROPS 16-17 and the FY 16-17 Administrative Budget is exempt from the requirements of the California Environmental Quality Act and the applicable state and local implementing guidelines ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3); and WHEREAS, the accompanying staff report provides supporting information upon which the actions set forth in this Resolution are based. 4 1 January 2016 Annotated Official Minutes 436 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors, acting as the Governing Board of the Successor Agency and in accordance with the Dissolution Act, hereby finds, resolves, and determines that the foregoing recitals are true and correct, and, together with information provided by the Successor Agency staff and the public, form the basis for the approvals, findings, resolutions, and determinations set forth below; and BE IT FURTHER RESOLVED that the Board of Supervisors finds and determines that its approval of the ROPS 16-17 and the FY 16-17 Administrative Budget is exempt from the requirements of CEQA, and the Successor Agency Executive Director, or the Executive Director's designee, is authorized to file the appropriate notice of exemption with respect to the approval of the ROPS 16-17 and the FY 16-17 Administrative Budget in accordance with CEQA; and BE IT FURTHER RESOLVED that the Board of Supervisors hereby approves the ROPS 16-17 and the FY 16-17 Administrative Budget, in the respective forms on file with the Clerk of the Board of Supervisors (acting on behalf of the Successor Agency); and BE IT FURTHER RESOLVED that the Successor Agency is authorized and directed to enter into any agreements and amendments to agreements consistent with the Dissolution Act and necessary to memorialize and implement the agreements and obligations in ROPS 16-17 and the FY 16-17 Administrative Budget as herein approved by the Successor Agency; and BE IT FURTHER RESOLVED that the Board of Supervisors hereby authorizes and directs the Successor Agency staff, acting on behalf of the Successor Agency, to file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy, all notices and transmittals necessary or convenient in connection with the approval of the ROPS 16-17 and the FY 16-17 Administrative Budget, and to take any other actions necessary to ensure the validity of the ROPS 15-16B and the validity of any enforceable obligation listed thereon and the validity of the FY 15-16B Administrative Budget and corresponding Administrative Cost Allowance. In addition, the Board of Supervisors authorizes and directs the Successor Agency staff to make such non-substantive revisions to ROPS 16-17 as may be necessary to submit ROPS 16-17 in any modified form required by the DOF, and ROPS 16-17 as so modified shall thereupon constitute ROPS 16-17 as approved by the Board of Supervisors pursuant to this Resolution; and BE IT FURTHER RESOLVED that nothing in this Resolution shall abrogate, waive, impair or in any other manner affect the right or ability of the County, as a political subdivision of the State of California, or the Successor Agency, as a separate legal entity, to initiate and prosecute any litigation with respect to any agreement or other arrangement of the Dissolved RDA, including, without limitation, any litigation contesting the purported invalidity of such agreement or arrangement pursuant to the Dissolution Act; and BE IT FURTHER RESOLVED that this Resolution shall take effect at the time and in the manner prescribed in Health and Safety Code Section 34179(h). Contact: Maureen Toms (925) 674-7878 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: January 19, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: January 2016 Annotated Official Minutes 437 January 2016Annotated Official Minutes438 January 2016Annotated Official Minutes439 EXHIBIT A- Administrative Budget 1/8/2016 line 15-16A 15-16B Total Administrative Expenses Space Rent $16,200 $16,200 $32,400 Salary/Overhead $56,817 $56,817 $113,634 Various Admin Expenses $88,847 $88,847 $177,694 TOTAL ADMIN EXPENSES $161,864 $161,864 $323,728 Revenue Administrative Cost Allowance 94 $126,864 $126,864 $253,728 EO (Non Admin + Project Mgmt) $35,000 $35,000 $70,000 TOTAL ADMIN REVENUES $161,864 $161,864 $323,728 SURPLUS/(DEFICIT) $0 $0 $0 Project Management Enforceable Obligations Transit Village Project Management 89 $15,000 $15,000 $30,000 IH Remediation Project Management 105 $20,000 $20,000 $40,000 $35,000 $35,000 $70,000 January 2016 Annotated Official Minutes 440 Successor Agency:Contra Costa County County:Contra Costa Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 16-17A Total 16-17B Total ROPS 16-17 Total A 2,020,214$ 1,981,794$ 4,002,008$ B 1,432,813 1,432,813 2,865,626 C 587,401 548,981 1,136,382 D - - - E 3,986,373$ 4,684,301$ 8,670,674$ F 3,860,101 4,558,029 8,418,130 G 126,272 126,272 252,544 H Current Period Enforceable Obligations (A+E):6,006,587$ 6,666,095$ 12,672,682$ Name Title /s/ Signature Date Administrative Costs Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Recognized Obligation Payment Schedule (ROPS 16-17) - Summary Filed for the July 1, 2016 through June 30, 2017 Period Enforceable Obligations Funded with Non-Redevelopment Property Tax Trust Fund (RPTTF) Funding Sources (B+C+D): Non-Administrative Costs Enforceable Obligations Funded with RPTTF Funding (F+G): Bond Proceeds Funding Reserve Balance Funding Other Funding January 2016 Annotated Official Minutes 441 A B C D E F G H I J K L M N O P Q R S T U V W Bond Proceeds Reserve Balance Other Funds Non-Admin Admin Bond Proceeds Reserve Balance Other Funds Non-Admin Admin $ 206,389,280 $ 12,672,682 $ 1,432,813 $ 587,401 $ - $ 3,860,101 $ 126,272 $ 6,006,587 $ 1,432,813 $ 548,981 $ - $ 4,558,029 $ 126,272 $ 6,666,095 4 (4) 1:9 Youth Homes OPA/DDA/Constructio 6/25/2008 12/29/2028 Contra Costa Relocation BP 42,300 N $ 84,600 42,300 $ 42,300 42,300 $ 42,300 10 (10) 2:3 Placemaking Transit Village OPA/DDA/Constructio n 12/19/2005 7/10/2026 AvalonBay Placemaking improvements (e.g, parks, etc) C 528,143 N $ 1,056,286 528,143 $ 528,143 528,143 $ 528,143 14 (14) 2:8 Re-authorized Contract for Capital Imprv Improvement/Infrastru cture 4/18/2012 7/10/2026 Contra Costa County CCC Infrastructure improvements C 904,670 N $ 1,809,340 904,670 $ 904,670 904,670 $ 904,670 28 (28) 3:29 Property holding costs Property Maintenance 7/10/1984 6/30/2016 CCC Public Works Property maintenance ALL 5,357 N $ 10,714 5,357 $ 5,357 5,357 $ 5,357 46 (46) 5:24 Placemaking Transit Village OPA/DDA/Constructio n 12/19/2005 7/10/2026 AvalonBay Placemaking improvements (ie parks, etc) C 384,213 N $ 768,426 384,213 $ 384,213 384,213 $ 384,213 54 (54) 7:1 1999 Tax Allocation Bonds Bonds Issued On or Before 12/31/10 4/20/1999 8/1/2018 US Bank NA Bonds issue to fund non- housing projects. Put note bal as of 2/1/14 C/BP/NR/R 10,824,089 N $ 607,943 422,237 $ 422,237 185,706 $ 185,706 55 (55) 7:2 1999 Tax Allocation Bonds Bonds Issued On or Before 12/31/10 4/20/1999 8/1/2018 US Bank NA Bonds issue to fund housing projects. Put note bal as of 2/1/14 C/BP/NR/R 111,987 N $ 5,766 4,197 $ 4,197 1,569 $ 1,569 56 (56) 7:3 2003A Tax Allocation Bonds Bonds Issued On or Before 12/31/10 8/22/2003 8/1/2033 US Bank NA Bonds issue to fund non- housing projects. C 9,787,605 N $ 406,884 250,760 $ 250,760 156,124 $ 156,124 57 (57) 7:4 2007A/AT/B Tax Allocation Bonds Bonds Issued On or Before 12/31/10 5/30/2007 8/1/2037 US Bank NA Bonds issue to fund non- housing projects. ALL 110,059,293 N $ 4,526,429 2,608,537 $ 2,608,537 1,917,892 $ 1,917,892 58 (58) 7:5 2007A/AT/B Tax Allocation Bonds Bonds Issued On or Before 12/31/10 5/30/2007 8/1/2037 US Bank NA Bonds issue to fund housing projects. ALL 23,320,932 N $ 836,716 477,790 $ 477,790 358,926 $ 358,926 59 (59) 7:6 Montalvin Manor Project Start Up Loan City/County Loans On or Before 6/27/11 6/30/2003 7/8/2034 Contra Costa County Loan for project administration M Y $ - $ - $ - 60 (60) 7:7 Bond-License agreement Professional Services 3/31/2006 3/31/2038 DAC Document repository for bond issues ALL 54,000 N $ 5,400 2,500 200 $ 2,700 2,700 $ 2,700 61 (61) 7:8 Bond- Treasurer fees Fees 7/10/1984 8/1/2037 CCC Treasurer Cash management for bond issues ALL 12,000 N $ 1,176 588 $ 588 588 $ 588 63 (63) 7:11 Hookston Station Remediation Litigation 11/5/1997 8/1/2037 Bank Of Amer, Trustee Remediation of hazardous material C 1,286,000 N $ 20,000 10,000 $ 10,000 10,000 $ 10,000 65 (65) 7:13 Fiscal Agreement Improvement/Infrastru cture 5/8/1990 7/10/2031 EBRPD Project improvement Y 68 (68) 7:16 Trustee fees Fees 4/20/1999 8/1/2018 US Bank Annual administration fees 99TAB C/BP/NR/R 29,997 N $ 6,000 2,420 580 $ 3,000 3,000 $ 3,000 69 (69) 7:17 Trustee fees Fees 8/22/2003 8/1/2033 US Bank Annual administration fees 03ATAB C/BP/NR/R 65,478 N $ 7,000 3,500 $ 3,500 3,500 $ 3,500 71 (71) 7:19 Trustee fees Fees 5/30/2007 8/1/2037 US Bank Annual administration fees 07TAB ALL 118,085 N $ 11,800 5,900 $ 5,900 5,900 $ 5,900 76 (76) 7:24 Financial Assistance OPA/DDA/Constructio n 5/23/1989 5/1/2017 Park Regency Agency assistance C 1,650,000 N $ 550,000 - - $ - 550,000 $ 550,000 Contra Costa County Recognized Obligation Payment Schedule (ROPS 16-17) - ROPS Detail July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) Item #Payee Description/Proj ect Scope Project Area Total Outstanding Debt or Obligation Retired 16-17A 16-17B Total Project Name/Debt Obligation Obligation Type Contract/Agreem ent Execution Date RPTTF Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Contract/Ag reement Termination Date ROPS 16-17 Total 16-17B Non Redevelopment Property Tax Trust Fund (Non-RPTTF) RPTTF 16-17A Total January 2016 Annotated Official Minutes 442 A B C D E F G H I J K L M N O P Q R S T U V W Bond Proceeds Reserve Balance Other Funds Non-Admin Admin Bond Proceeds Reserve Balance Other Funds Non-Admin Admin Contra Costa County Recognized Obligation Payment Schedule (ROPS 16-17) - ROPS Detail July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) Item #Payee Description/Proj ect Scope Project Area Total Outstanding Debt or Obligation Retired 16-17A 16-17B Total Project Name/Debt Obligation Obligation Type Contract/Agreem ent Execution Date RPTTF Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Contract/Ag reement Termination Date ROPS 16-17 Total 16-17B Non Redevelopment Property Tax Trust Fund (Non-RPTTF) RPTTF 16-17A Total 77 (77) 7:25 Financial Assistance OPA/DDA/Constructio n 11/1/1998 11/1/2053 Bridge Housing Agency assistance C 1,500,000 N $ 100,000 50,000 50,000 $ 100,000 $ - 78 (78) 7:26 Financial Assistance OPA/DDA/Constructio n 12/19/2005 5/1/2064 AvalonBay Agency assistance. C 40,136,645 N $ 1,327,812 $ - 1,327,812 $ 1,327,812 82 (82) 8:19 I H Trail/Hookston Sttn Remediatn Litigation 8/15/2012 12/31/2017 Goldfarb Lipman Remediation of I H corridor parcels C 45,067 N $ 90,134 45,067 $ 45,067 45,067 $ 45,067 83 (83) 8:20 I H Trail/Hookston Sttn Remediatn Litigation 8/15/2012 5/1/2064 Contra Costa County Remediation of I H corridor parcels C 24,120 N $ 48,240 24,120 $ 24,120 24,120 $ 24,120 88 (88) 8:25 Transit Village OPA/DDA/Constructio n 8/15/2012 12/31/2017 Goldfarb & Lipman Transit Village implementation C 16,009 N $ 11,072 5,536 $ 5,536 5,536 $ 5,536 89 (89) 8:26 Transit Village OPA/DDA/Constructio n 8/15/2012 5/1/2019 Contra Costa County Payroll for employees Project management costs. C 40,000 N $ 30,000 15,000 $ 15,000 15,000 $ 15,000 91 (91) 8:28 Hookston Station Remediation Litigation 1/23/2012 6/15/2017 Ensafe Administrator of haz-mat remediation fund. C 23,333 N $ 8,000 2,600 1,400 $ 4,000 4,000 $ 4,000 94 (94) 6:0 Administrative Allowance Admin Costs 7/1/2016 5/1/2064 Contra Costa County Administrative Allowance ROPS 2016-17 ALL 5,000,000 N $ 252,544 126,272 $ 126,272 126,272 $ 126,272 104 (104) 10:02 Iron Horse (IH) Corridor Remediation and property management Remediation 7/1/2013 5/1/2064 Contra Costa County Direct costs for IH Corridor properties, including maintenance, and remediation. 147,601 N $ 25,000 $ - 25,000 $ 25,000 105 (105) 10:03 IH Corridor Remediation and property management Remediation 7/1/2013 5/1/2064 Contra Costa County Management of IH Corridor properties, coordinating maintenance, remediation, and preparation of property transfer. 60,000 N $ 40,000 20,000 $ 20,000 20,000 $ 20,000 108 (108) 10:06 Litigation Costs for Defaulted Loans Litigation 6/30/2011 7/10/2031 CCC Counsel Litigation costs to collect on default SA outstanding notes receivables (from Vallero, Keefe). ALL 4,800 N $ 9,600 4,800 $ 4,800 4,800 $ 4,800 109 (109) 10:07 Bond Arbitrage Rebate Reporting Compliance Fees 7/1/2011 6/30/2017 BLX Group LLC Arbitrage Rebate Compliance Services ALL 69,256 N $ 5,800 2,900 $ 2,900 2,900 $ 2,900 110 (110) 10:08 Disclosure Statements Reporting Compliance Fees 4/20/1999 3/1/2038 Jones Hall/Fraser & Associates Disclosure Statements Compliance Services ALL 138,300 N $ 10,000 5,000 $ 5,000 5,000 $ 5,000 124 (124) LMIHAF Deposit for loan Repayment (Line 59) LMIHF Loans 6/30/2003 7/8/2034 CCC Housing Successor 20% deposit to the LMIHF related to loan repayment Y January 2016 Annotated Official Minutes 443 A B C D E F G H I Other RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS period balances and DDR RPTTF balances retained Prior ROPS RPTTF distributed as reserve for future period(s) Rent, grants, interest, etc. Non-Admin and Admin ROPS 15-16A Actuals (07/01/15 - 12/31/15) 1 Beginning Available Cash Balance (Actual 07/01/15) 4,977,641 1,050,567 50,000 10 1,154,828 UNSPENT ROPS 13-14A = $784,148 + ROPS 14- 15A=$321,293 + ROPS 14-15B=$49,387. 2 Revenue/Income (Actual 12/31/15) RPTTF amounts should tie to the ROPS 15-16A distribution from the County Auditor-Controller during June 2015 127 6 5,274,938 RPTTF CASH DISBTRIBUTION FOR ROPS 15- 16A 3 Expenditures for ROPS 15-16A Enforceable Obligations (Actual 12/31/15) 1,067,500 10,020 50,000 4,605,831 ACTUAL CASH EXP AID AS OF 12/31/15 4 Retention of Available Cash Balance (Actual 12/31/15) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)2,477,178 938,906 RETENTION/CARRY OVER OF ROPS 7:24 & 7:26 TO NEXT ROPS PERIOD ($275,000 + $663,906 = $938,906. 5 ROPS 15-16A RPTTF Balances Remaining No entry required 6 Ending Actual Available Cash Balance C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 - 5) 1,433,090$ -$ 1,040,547$ -$ 16$ 885,029$ ROPS 15-16B Estimate (01/01/16 - 06/30/16) 7 Beginning Available Cash Balance (Actual 01/01/16) (C, D, E, G = 4 + 6, F = H4 + F4 + F6, and H = 5 + 6) 3,910,268$ -$ 1,040,547$ 938,906$ 16$ 885,029$ AVAILABLE CASH BALANCE PER FINANCE SYSTEM = $2,864,498 ($1,040,547 + 938,906 + 16 + $885,029). SEE PROOF OF CASH. 8 Revenue/Income (Estimate 06/30/16) RPTTF amounts should tie to the ROPS 15-16B distribution from the County Auditor-Controller during January 2016 5,069,683 9 Expenditures for ROPS 15-16B Enforceable Obligations (Estimate 06/30/16)1,432,813 544,046 938,906 5,119,070 10 Retention of Available Cash Balance (Estimate 06/30/16) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 11 Ending Estimated Available Cash Balance (7 + 8 - 9 -10) 2,477,455$ -$ 496,501$ -$ 16$ 835,642$ UNSPENT ROPS 13-14A $784,148 + 51,494 ROPS 15-16A = $835,642 Contra Costa County Recognized Obligation Payment Schedule (ROPS 16-17) - Report of Cash Balances (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see CASH BALANCE TIPS SHEET Fund Sources Comments Bond Proceeds Reserve Balance Cash Balance Information by ROPS Period January 2016 Annotated Official Minutes 444 Item #Notes/Comments 4 1:9 Youth Homes Facility. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17 A & B period. Column K (ROPS 16-17 Total) should read $42,300. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015 due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 A&B periods. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016 . Use of LMIHF balances retained to cover future obligations in accordance with Finance 's LMIHF DDR determination. 10 2:3 Placemaking Transit Village: All anticipated funding for this item was previously shown on a previously approved ROPS. No additional funding is requested in connection with this ROPS 16-17. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 A & B periods. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. 14 2:8 CCC Infrastructure Improvements: All anticipated funding for this item was previously shown on a previously approved ROPS. No additional funding is requested in connection with this ROPS 16-17 A&B. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015 due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 A&B periods. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016 21 2:18 Rodeo Obsolete Infrastructure Elements: RETIRED . 28 3:29 Property Holding Costs. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17 A&B periods. Column K (ROPS 16-17 Total) should read $5,357. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015 due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 A&B periods. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. Use of other Funds and Accounts (OFA) balances retained to cover future obligations in accordance with Finance's OFA DDR Determination. 46 5:24 Placemaking Transit Village (AvalonBay). All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17 A&B periods. Column K (ROPS 16-17 Total) should read $384,213. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. Carryover of a preceding ROPS period RPTTF for use in this ROPS period. 54 7:1 1999 Tax Allocation Bonds: For total outstanding debt or obligation, amount shown is as per Debt Service Schedule for ROPS16-17 A&B. Calculation for ROPS 16-17A was 50% Principal plus Interest due to bondholders August 1, 2016. For ROPS 16-17B the amount due to bondholders for February 2017 is requested. 55 7:2 1999 Tax Allocation Bonds: For total outstanding debt or obligation, amount shown is as per Debt Service Schedule for ROPS16-17 A&B. Calculation for ROPS 16-17A was 50% Principal plus Interest due to bondholders August 1, 2016. Calculation for ROPS 16-17B is the amount due to bondholders on February 2017. 56 7:3 2003A Tax Allocation Bonds: For total outstanding debt or obligation, amount shown is as per Debt Service Schedule for ROPS16-17 A&B. Calculation for ROPS 16-17A was 50% Principal plus Interest due to bondholders August 1, 2016. Calculation for ROPS 16-17B is the amount due to bondholders on February 2017. 57 7:4 2007A/AT/B Tax Allocation Bonds: For total outstanding debt or obligation, amount shown is as per Debt Service Schedule for ROPS16-17 A&B. Calculation for ROPS 16-17A was 50% Principal plus Interest due to bondholders August 1, 2016. Calculation for ROPS 16-17B is the amount due to bondholders on February 2017. 58 7:5 2007A/AT/B Tax Allocation Bonds: For total outstanding debt or obligation, amount shown is as per Debt Service Schedule for ROPS16-17 A&B. Calculation for ROPS 16-17A was 50% Principal plus Interest due to bondholders August 1, 2016. Calculation for ROPS 16-17B is the amount due to bondholders on February 2017. 59 7:6 Montalvin Manor Project Start Up Loan. Retired. 60 7:7 Bond-License agreement: All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). An additional funding is requested in connection with this ROPS 16-17. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. Column K (ROPS 16-17 Total) should read $2,700. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. 61 7:8 Bond-Treasurer fees. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. Column K (ROPS 16-17 Total) should read $588. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 2016. Carryover of a preceding ROPS period RPTTF for use in this ROPS period. Contra Costa County Recognized Obligation Payment Schedule (ROPS 16-17) - Notes July 1, 2016 through June 30, 2017 January 2016 Annotated Official Minutes 445 Item #Notes/Comments Contra Costa County Recognized Obligation Payment Schedule (ROPS 16-17) - Notes July 1, 2016 through June 30, 2017 63 7:11 Hookston Station Remediation. Column K (ROPS 16-17 Total) should read $10,000. 65 7:13 Fiscal Agreement 68 7:16 Trustee fees: Column K (ROPS 16-17 Total) should read $3,000. 69 7:17 Trustee fees: Column K (ROPS 16-17 Total) should read $3,500. 71 7:19 Trustee fees: Column K (ROPS 16-17 Total) should read $5,900. 76 7:24 Financial Assistance. RPTTF funding is requested to pay the obligation in ROPS16-17B period. 77 7:25 Financial Assistance for BRIDGE Housing: $50,000 was carried over from prior ROPS period and $50,000 in RPTTF funds are requested. The full $100,000 annual payment is made during ROPS 16-17A period. 78 7:26 Financial Assistance for Avalon Bay. For ROPS 16-17, the full amount is requested in ROPS 16-17B Period. 82 8:19 Iron Horse Trail/Hookston Station Remediation: All anticipated funding for this item was previously shown on a previously approved ROPS. No additional funding is requested in connection with this ROPS 16-17. Column K (ROPS 16-17 Total) should read $45,067. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. Carryover of a preceding ROPS period RPTTF for use in this ROPS period. 83 8:20 Iron Horse Trail/Hookston Station Remediation: All anticipated funding for this item was previously shown on a previously approved ROPS. No additional funding is requested in connection with this ROPS 16-17. Column K (ROPS 16-17 Total) should read $24,120. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. Carryover of a preceding ROPS period RPTTF for use in this ROPS period. 88 8:25 Transit Village. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17. Column K (ROPS 16-17 Total) should read $5,536. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. 89 8:26 Transit Village. RPTTF funding is requested for ROPS 16-17 A&B period. 91 8:28 Hookston Station Remediation: Additional funding is requested under RPTTF. Column K (ROPS 16-17 Total) should read $4,000. 94 6:0 Adminstrative Allowance 104 10:02 Iron Horse Corridor Remediation and Property Management: Funding requested under RPPTF amounting to $22,000. 105 10:03 IH Corridor Remediation and Property Management: Staff costs for management of property 108 10:06 Litigation Costs for Defaulted Loans: Litigation costs to collect on default Successor Agency outstanding notes receivable (from Valero and Keefe). Column K (ROPS 16-17 Total) should read $4,800. Collected funds will be used to pay enforceable obligations or distributed to taxing entities. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. 109 10:07 Bond Arbitrage Rebate Reporting Compliance: Funds required for mandatory obligation to file Bond Arbitrage Rebate Report related to outstanding 1999 Tax Allocation Bond. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 16-17. Column K (ROPS 16-17 Total) should read $2,900. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending December 31, 2015, due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 16-17 period. For total outstanding debt or obligation, amount shown is as per most recent information as of January 1, 2016. 110 10:08 Disclosure Statements Reporting Compliance: Funds required for mandatory obligation to file annual Disclosure Statements related to outstanding 1999 Tax Allocation Bond, 2003 Tax Allocation Bond and 2007 Tax Allocation Bond. All anticipated funding for this item was previously shown on a previously approved Recognized Obligation Payment Schedule (ROPS). No additional funding is requested in connection with this ROPS 15-16B. Column K (ROPS 16-17 Total) should read $5,000. However, not all of the funds approved on previous approved ROPS were actually spent during the period ending June 30, 2015 , due to delays in project approval, contracting or implementation. By this note, it is indicated that some of the funds designated for this item on a previously approved ROPS may actually be carried forward and spent during some or all the months of this ROPS 15-16B period. For total outstanding debt or obligation, amount shown is as per most recent information as of July 1, 2015. 124 LMIHAF Deposit for 20% of Montalvin Loan Repayment (Line 59). Retired. January 2016 Annotated Official Minutes 446