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HomeMy WebLinkAboutMINUTES - 02022016 - Comp 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 February 2, 2016                  9:00 A.M. Convene and announce adjournment to Closed Session in Room 101. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: David Twa and Bruce Heid. Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, 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. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(d)(1)) Retiree Support Group of Contra Costa County v. Contra Costa County, U.S. District Court, Northern District of California, Case No. C12-00944 JST C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: County Counsel 9:30 A.M. Call to order and opening ceremonies. February 2, 2016`Official Minutes 1 Inspirational Thought-"Happiness is not in our circumstance but in ourselves. It is not something we see, like a rainbow, or feel, like the heat of a fire. Happiness is something we are. ~ John B. Sheerin Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Mary N. Piepho, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator Thomas Geiger, Deputy County Counsel  There were no announcements from Closed Session. Adjourned today's meeting at 1:15 p.m.   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.68 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)   PR.1 INTRODUCE Captain Daniel G. Seaman, the new California Highway Patrol (CHP) Commander stationed in Contra Costa County. (Supervisor Mitchoff)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover DISCUSSION ITEMS   D. 1 PUBLIC COMMENT (3 Minutes/Speaker)    Barbara Frantz, Tess' Community Farm Kitchen, spoke on development and services of the facility, which provides a farmers market for fresh locally produced food and operates a commercial kitchen. The facility also offers classes to teach the importance of fresh food in daily life. She said the health department has designated the kitchen a restaurant, which is currently not allowed in the agricultural core of Contra Costa County. Ms. Frantz requested assistance from the Board in creating a land-use designation of Farm to Table Cafe. (handout attached) http://communityfarmkitchen.com/ Harmesh Kumar, clinical psychologist, announced he would be running for a state assembly seat. A Concord resident of 25 years, he has witnessed a steady increase of diversity in the area and a growing need for mental health services. He has found social progress in America greatly inspiring and would like to participate in helping all residents live life in a fullfilling manner; Ajit Kalishal, resident of Concord, noted the growing diversity in the County population and urged support to see that diversity reflected in elected office; Eli D., resident of Concord, expressed concerns about perceived corruption and/or protectionist behavior in County offices. He is also greatly concerned that the water supply in this period of drought is not sufficient to keep pace with new construction; Benita Smith, IHSS SEIU Local 2015, shared details of the care she provides to her son, who would be institutionalized without the in home services received. Ms. Smith also reminded the public that colon cancer does not only strike the older person and encouraged people to get a colonoscopy at a younger age; Diana Brown, IHSS SEIU Local 2015, shared details of her client, her daughter, and that without in home support, it would be necessary for her to live in a facility with round the clock care. She expressed her hopes for productive negotiations.   D. 2 CONSIDER Consent Items previously removed.   February 2, 2016`Official Minutes 2  There were no items removed from consent for discussion.   D.3 CONSIDER accepting a report from the Department of Conservation and Development on the proposed approach and schedule for the 2016 Urban Limit Line Mid-term Review required under Measure L - 2006. (John Kopchik and Will Nelson, Department of Conservation and Development)       Speakers: Lisa Vorderbruggen, BIA/Bay Area; Jim Parrott, City of San Pablo; LouAnn Texeira, LAFCo; Juan Pablo Galvan, Save Mount Diablo; Eli D., resident of Martinez. Supervisor Piepho requested that staff include the information from Beacon Economics “The Economic Outlook Focus on Contra Costa” (received at January 26th meeting) in the report in regard to housing needs in the County. Supervisor Piepho also requested the following information: a. A review of the impact of infill development, including the dollar value between infill development projects and those that are being built on the fringe b. The affordability of the housing coming onto the market c. Recommendations on how to enhance the Board’s ongoing efforts in the rural/agricultural land preservation, creating 21 st century marketability and viability for farmers and the agricultural community without allowing unintended large expansion capability; Supervisor Mitchoff clarified with staff that the Urban Limit Line Measure L does expire December 2036, but that there is no consideration to move the boundary line at this time. Expansion of the boundary line in excess of 30 acres would require voter approval. Supervisor Andersen requested that if data is readily available on the demographic of affordability of available housing units, that it be included, and a list of pending applications for growth of 30 acres or less into the Urban Limit Line area (staff will meet with the Local Agency Formation Commission to discuss those proposed applications). Supervisor Glover requested that staff’s report be mindful of road infrastructure in its analysis, especially in regard to transportation needs to support more housing and growth; ACCEPTED and APPROVED the proposed approach and schedule for the 2016 Urban Limit Line (ULL) Mid-term Review required under Measure L – 2006; and DIRECTED staff to consult with the Local Agency Formation Commission (LAFCo), BIA/Bay Area, East Bay Leadership Council and the East Bay Economic Development Alliance for data gathering purposes, and include business and community stakeholders at the public meetings.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 CONSIDER adopting Ordinance No. 2016-04, an urgency interim ordinance that prohibits the cultivation of medical marijuana and the delivery of medical marijuana in the unincorporated area of the county. (John Kopchik, Conservation and Development Department)       Katherine Jones, resident of Bethel Island, regulation and tax benefits; Brian Eliff, resident of Oakley; Keith Schatek, resident of Oakley; Jaime Rich, Center For Human Development; Jeremy Petkell, resident of Oakley; Jacqueline McGowan, Monterey County NORML; Patty Hoyt, San Ramon Valley Alcohol Policy Coalition. Written comments were received from Marcus Cisneros, resident of Brentwood and Vasiliki Karadais, resident of Brentwood (attached).     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor February 2, 2016`Official Minutes 3  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 5 CONSIDER reports of Board members.    There were no items reported today.   Closed Session   ADJOURN in memory of Sylvia Mclaughlin co-founder of the Conservation Group Save the Bay   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE the Bay Point Curb Ramp Project and related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the project, Bay Point area. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 ADOPT Resolution No. 2016/53 accepting as complete the contracted work performed by Bay Cities Paving & Grading, Inc., for the Countywide Overlay Project, as recommended by the Public Works Director, Byron and Pleasant Hill areas. (57% Local Street & Road Preservation Funds and 43% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 APPROVE the 2016 Road Surface Treatment Project and related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the project, Bay Point, Alamo and Danville area. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 4 ADOPT Resolution No. 2016/52 approving the Parcel Map for minor subdivision MS11-00006, for a project being developed by Albert R Rubey, Trustee of the Albert R. Rubey Trust, as recommended by the Public Works Director, Alamo area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 ADOPT Resolution No. 2016/57 approving the Parcel Map and Subdivision Agreement for minor subdivision MS06-00038, for a project being developed by RL Livorna, LLC, as recommended by the Public Works Director, Alamo area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor February 2, 2016`Official Minutes 4  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 ADOPT Resolution No. 2016/49 to replace and supersede Resolution No. 2015/436 for road acceptance RA06-01208, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 ADOPT Resolution No. 2016/51 accepting an Offer of Dedication – Public Utilities Easement for subdivision SD15-09302, for a project being developed by Shapell Industries Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 ADOPT Resolution No. 2016/47 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD14-09376, for a project being developed by MOMO Development 2013, LLC, as recommended by the Public Works Director, Walnut Creek area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 ADOPT Resolution No. 2016/50 approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS06-00038, for a project being developed by RL Livorna, LLC, as recommended by the Public Works Director, Alamo area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 10 AUTHORIZE the Public Works Director, or designee, to advertise the Buchanan Field Airport pavement maintenance and related electrical upgrades project. Project No. 4855-4652-FAS-6X5333, DCD-CP #14-12, and FAA Project No. 3-06-0050-021. (90% FAA, 7.75% Airport Enterprise Fund, and 2.25% Caltrans)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 APPROVE and AUTHORIZE the Chief Engineer, or designee, of the Contra Costa County Flood Control & Water Conservation District to execute a contract amendment with the Contra Costa Resource Conservation District, effective January 1, 2016, to extend the term from July 7, 2017 to July 1, 2018 and increase the payment limit by $68,000 to a new payment limit of $218,000 to provide support services for the Contra Costa Watershed Forum, Countywide. (100% Flood Control Zone 3B Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month    February 2, 2016`Official Minutes 5 C. 12 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Tamsie Irvan for a T-hangar at Buchanan Field Airport effective January 7, 2016 in the monthly amount of $394.10. (100% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 APPROVE and AUTHORIZE the Chief Engineer or designee to execute, on behalf of the Contra Costa County Flood Control & Water Conservation District, an amended Right of Way Contract with Hall & Loads, Inc., in the amount of $70,000 to acquire various easement rights for the West Antioch Creek Channel Improvements Project, Antioch area. (100% Drainage Area 55 funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 14 ADOPT Resolution No. 2016/54 accepting as complete the contracted work performed by O.C. Jones & Sons, Inc., for the Buchanan Field Airport East Ramp Hangar Taxi Lane Reconstruction Project, as recommended by the Public Works Director, Concord area. (100% Airport Enterprise Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 ADOPT Resolution No. 2016/9, adopting the Contra Costa County Flood Control and Water Conservation District Labor Compliance Program and AUTHORIZE the Chief Engineer, or designee, to execute and submit an application to the Director of the California Department of Industrial Relations for approval of the District’s Labor Compliance Program, North Richmond area. (100% Flood Control District Zone 7 funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 APPROVE the Livorna Park Improvements – Bocce Courts Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, Alamo area. (100% East Bay Regional Park District Measure WW Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 17 DENY claims filed by Juanita Faria and Carolyn Richmond.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 18 APPOINT Marilyn Cachola Lucey to the District II Alternate seat of the First 5 Children and Families Commission, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 ACCEPT resignation of Martha Berthelsen, DECLARE a vacancy in the District 1 seat on the Fish &   February 2, 2016`Official Minutes 6 C. 19 ACCEPT resignation of Martha Berthelsen, DECLARE a vacancy in the District 1 seat on the Fish & Wildlife Committee, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 ACCEPT the resignation of Mr. Paul Mikolaj, DECLARE vacant the Advisory Council on Aging Local Committee Alamo-Danville seat, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 REAPPOINT Susan Heckly and Carlos Agurto to the Integrated Pest Management Committee, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 22 ADOPT Position Adjustment Resolution No. 21819 to reclassify one Clerk-Senior Level (represented) position and incumbent to Information Systems Specialist I (represented) in Risk Management. (100% Self-Insurance Internal Service Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 ADOPT Position Adjustment Resolution No. 21807 to add three Associate Teacher – Project (represented) positions and one Teacher - Project (represented) position and cancel one Master Teacher – Project (represented) vacant position and three Early Childhood Educator - Project (represented) vacant positions in the Employment and Human Services Department. (Cost Savings)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 ADOPT Position Adjustment Resolution No. 21822 to add two Network Administrator II positions (represented) in the Health Services Department. (100% third party revenues)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 ADOPT Position Adjustment Resolution No. 21820 to add one Secretary-Advanced Level position (represented) and cancel one vacant Clerk-Senior Level position (represented) in the Health Services Department. (100% Hazardous Materials Fee revenues)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 ADOPT Position Adjustment Resolution No. 21821 to add one Public Health Mobile Clinic Operator (represented) position and cancel one Driver Clerk (represented) position in the Health Services Department. (100% Federally Qualified Health Care Revenues)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III SupervisorFebruary 2, 2016`Official Minutes 7  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 27 APPROVE and AUTHORIZE the Health Services Director, or designee, to a execute contract with the U. S. Department of Veterans Affairs Northern California Health Care System, to pay the County an amount not to exceed $124,100 for the provision of services and associated operating cost of the Philip Dorn Respite Center through the West County’s Adult Interim Housing Program in Richmond, for the period September 29, 2015 through September 29, 2016. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 APPROVE and AUTHORIZE the District Attorney, or designee, to submit an application and execute a grant award agreement in the amount of $175,000, and any extensions or amendments thereof pursuant to State guidelines, with the California Governor's Office of Emergency Services - Criminal Justice/Emergency Management Victim Services Branch, for funding of the Underserved Victim Advocacy and Outreach Program for the period April 1, 2016 through March 31, 2017. (75% State, 25% In-kind match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the State of California, Department of Health Care Services, effective July 1, 2015, to modify the rates and extend the term through December 31, 2016 with no change in the original payment limit of $1,594,000, to allow the County to continue providing Local Initiative Program Services. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding application to Community Awareness Emergency Response in an amount not to exceed $2,500, to support the County’s Emergency Medical Services Medical Reserve Corps Emergency Preparedness Project, for the period January 1 through June 30, 2016. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding application to the National Association of County and City Health Officials in an amount not to exceed $15,000, for the Contra Costa Medical Reserve Corps Non-Competitive Capacity Building Grant Project, for the period January 1 through June 30, 2016. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding    February 2, 2016`Official Minutes 8 C. 32 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding application to the American Academy of Pediatrics, in an amount not to exceed $2,500 to support the County’s Emergency Medical Services (EMS) Pediatric Mental Health Coalition Building Opportunity Project, for the period from January 1, 2016 through June 30, 2016. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 33 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $8,660 to Pivotal Point Youth Services, Inc., for services rendered to the Employment and Human Services Department, as recommended by the Employment and Human Services Director. (100% General Fund, budgeted)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with David Stockwell, including modified indemnification language, in an amount not to exceed $10,000 to provide expert testimony on laboratory and scientific information, and to review documentary evidence on cases for the District Attorney's office for the period November 1, 2015 through June 30, 2017.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jaison James, M.D., in an amount not to exceed $880,000 to provide orthopedic 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 III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Northwoods Consulting Partners, Inc., to increase the payment limit by $1,180,051 to a new payment limit of $2,269,865 for additional licenses, software support, and application customization services for the Northwoods document management system, for the period February 1, 2016 through January 31, 2017. (10% County, 45% State, 45% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Christopher John Voscopoulos, M.D., effective June 1, 2015, to increase the payment limit by $135,737 to a new payment limit of $1,665,737 to provide additional anesthesiology services at Contra Costa Regional Medical and Health Centers, with no change in the original term of September 1, 2013 through August 31, 2016. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract    February 2, 2016`Official Minutes 9 C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Edward Tang, M.D., effective January 1, 2016, to increase the payment limit by $30,000 to a new payment limit of $380,000, with no change in the original term of March 1, 2015 through February 29, 2016, to provide additional orthopedic services at Contra Costa Regional Medical and Health Centers. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a purchase order with Walnut Creek Ford in an amount not to exceed $160,000 for Ford vehicle parts, service and repair, for the period February 1, 2016 through January 31, 2017, Countywide. (100% Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a purchase order with Bay Area Diablo Petroleum Co. in an amount not to exceed $400,000 for fuel, for the period February 1, 2016 through January 31, 2017, Countywide. (100% Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a purchase order amendment with Lehr Auto Electric, Inc., to extend the term from January 31, 2016 through January 31, 2017 and increase the payment limit by $200,000 to a new payment limit of $700,000 for emergency services vehicle parts and accessories, Countywide. (100% Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a purchase order with Southern Counties Fuels in an amount not to exceed $1,300,000 for fuel, for the period February 1, 2016 through January 31, 2017, Countywide. (100% Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Timothy J. Clay (dba Diablo Boiler) in an amount not to exceed $1,500,000 to provide boiler service repair and maintenance, for the period February 1, 2016 through January 31, 2019, Countywide. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Atco Towing and Recovery in an amount not to exceed $200,000 for vehicle towing services, for the period February 1, 2016 through January 31, 2019. Countywide (General and Internal Services Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover February 2, 2016`Official Minutes 10 C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Semon Bader, M.D., in an amount not to exceed $400,000 to provide orthopedic services at Contra Costa Regional Medical and Health Centers, 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 III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with The West Contra Costa Youth Services Bureau in an amount not to exceed $3,044,063, to provide wraparound and Y-Team Collaborative services to severely emotionally disturbed children 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 $1,522,032. (50% Federal Financial Participation; 50% County Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Vialanguage, Inc., effective January 1, 2016, to increase the payment limit by $100,000 to a new payment limit of $300,000 to provide additional translation of written documents for the Health Services Department, with no change in original term of December 1, 2013 through November 30, 2016. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with Philips Healthcare, Inc., to increase the payment limit by $32,724 to a new payment limit of $438,846 for patient monitors and installation for the Telemetry Unit at the Contra Costa Regional Medical Center, with no change in the term of May 1, 2015 through April 30, 2016. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 AUTHORIZE the Purchasing Agent to purchase, on behalf of the Health Services Director, 200 Safeway supermarket gift cards in an amount of $5 each for a total of $1,000 to use as incentives for participation in the Health Care for the Homeless Focus Groups, for the period February 1, 2016 through January 31, 2017. (100% Federal Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Covidien, Inc., in the amount of $1,500,000 for instruments, sutures and supplies at the Contra Costa Regional Medical Center, for the period February 1, 2016 through January 31, 2020. (100% Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Risk Manager to execute a contract with Contra Costa County Schools Insurance Group in an amount not to exceed $198,500 to perform medical billing reviews for the period January 1 through December 31, 2016. (100% Workers' Compensation Internal Service Fund)     February 2, 2016`Official Minutes 11    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Epocrates, Inc., including mutual indemnification, in an amount not to exceed $27,350 to provide administration services for the Health Plan’s Drug Formulary, for the period January 1, 2016 through December 31, 2018. (100% Contra Costa Health Plan Enterprise Funds II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Dell in an amount not to exceed $472,108 to provide replacement and expansion of computer hardware equipment and software licenses for the Automated Regional Information Exchange System. (100% User fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Producers Dairy Products, Inc., in an amount not to exceed $250,000 to procure dairy products as needed for the West County, Martinez and Marsh Creek detention facilities, for the period January 1 through December 31, 2016. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the County Counsel, or designee, to execute a contract with Baker & O'Brien, Inc., in an amount not to exceed $700,000 to provide refining industry analyses in connection with refinery property tax appeals, for the period January 1 through December 31, 2016. (100% Property Tax Administration fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Sean Alexander Marine Services, Inc., to increase the payment limit by $200,000 to a new payment limit of $500,000 to provide additional marine salvage services for the period June 1, 2015 through May 31, 2017. (54% General Fund, 46% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 57 ACCEPT the 2015 Annual Report from the Transportation, Water and Infrastructure Committee, as recommended by the Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE referrals to the Transportation, Water and Infrastructure Committee for action in 2016, as recommended by the Committee. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III SupervisorFebruary 2, 2016`Official Minutes 12  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 ACCEPT the December 2015 update of the operations of the Employment and Human Services Department, Community Services Bureau, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 ADOPT Resolution No. 2016/61 continuing the delegation of certain authority to the Central Contra Costa Solid Waste Authority to enter into and administer franchise agreements governing the collection, diversion and disposal of solid waste, recyclable material and compostable organic material from residential, commercial and light industrial customers within the unincorporated areas within service area, as recommended by the Conservation and Development Director. (Solid waste/recycling collection franchise fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 61 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a tolling agreement with GTE MobileNet of California (dba Verizon Wireless), to extend the time to act on a permit application for a wireless telecommunications facility proposed in the Alamo area of unincorporated Contra Costa County to March 31, 2016 and beyond, if needed. (Applicant processing fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 ACCEPT the 2015 Annual Report by the Contra Costa County Emergency Medical Care Committee, as recommended by the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director on December 30, 2015, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 RATIFY the Health Services Director’s execution, on behalf of Contra Costa County, of the following agreements 1) The “Joinder Agreement” to the “Data Use and Reciprocal Support Agreement” dated September 30, 2014, to participate in the eHealth Exchange among the United States and non-federal entities; and 2) The “Participation Agreement for the eHealth Exchange,” and the “eHealth Exchange Participant Testing Services Agreement,” each between the County and Healtheway, Inc., to participate in the Exchange; and AUTHORIZE the Health Services Director or designee to execute, on behalf of the County, the “Entrust Managed Services Subscriber Agreement” between the County and Entrust, Inc., an agent of Healtheway, Inc., and to complete and submit the “Entrust Managed Services Subscriber Identity Verification.”        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Auditor-Controller to pay Addiction Research and Treatment, Inc.,   February 2, 2016`Official Minutes 13 C. 65 APPROVE and AUTHORIZE the Auditor-Controller to pay Addiction Research and Treatment, Inc., in the amount of $24,216.38 for services requested and provided in excess of the contract limit, during the period July 1, 2013 through June 30, 2014. (50% Federal Drug Medi-Cal and 50% State Drug Medi-Cal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 ACCEPT the Contra Costa County Historical Landmarks Advisory Committee 2015 Annual Report, as recommended by Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Memorandum of Understanding with the County of San Mateo's Northern California Regional Intelligence Center, including mutual indemnification, to share information as it relates to narcotics trafficking, organized crime, and terrorism related activities. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 ADOPT Resolution No. 2016/46 calling and noticing election of Retirement Board Members Number 2 (general), 8 and 8 Alternate (retired members of the Association ), as recommended by the Contra Costa County Employees’ Retirement Association Board.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. February 2, 2016`Official Minutes 14 Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets quarterly on the fourth Monday of the month at 12:30 p.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Federal D. Glover and John Gioia) meets on the second Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors John Gioia and Federal Glover) To be determined The Internal Operations Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Mary N. Piepho) meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee See above Finance Committee See above Hiring Outreach Oversight Committee See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee See above February 2, 2016`Official Minutes 15 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program February 2, 2016`Official Minutes 16 EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal February 2, 2016`Official Minutes 17 RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee February 2, 2016`Official Minutes 18 RECOMMENDATION(S): We would like to introduce Captain Daniel G. Seaman, the new California Highway Patrol (CHP) Commander stationed in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: Officer John Fransen, Public Information Officer for the California Highway Patrol serving Contra Costa County, would like to introduce Captain Daniel G. Seaman. Captain Seaman is the new California Highway Patrol Commander stationed in Contra Costa County. They will also be giving an overview of their Community Outreach Programs in our county as well as a general update. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lia Bristol, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: PR.1 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:February 2, 2016 Contra Costa County Subject:Introducing Captain Daniel G. Seaman, Our New CHP Commander February 2, 2016`Official Minutes 19 RECOMMENDATION(S): 1. ACCEPT the report from Department of Conservation and Development (DCD) staff on the proposed approach and schedule for the 2016 Urban Limit Line (ULL) Mid-term Review required under Measure L - 2006. 2. PROVIDE comments on the proposed methodology and any necessary direction to DCD staff. FISCAL IMPACT: The 2016 ULL Mid-term Review is being funded 100% from Land Development fund, FY 2015/2016 and FY 2016/2017 budgets. Based on the costs associated with efforts of similar scale, such as ordinance amendments, staff estimates a cost of approximately $50,000. BACKGROUND: On November 6, 1990, Contra Costa County voters approved Measure C – 1990, the Contra Costa County 65/35 Land Preservation Plan Ordinance (“65/35 Ordinance”). The 65/35 Ordinance limited urban development to no more than 35% of the land in the County and required that at least 65% be preserved for agriculture, open space, wetlands, parks, and other non-urban uses ("65/35 standard"). Measure C – 1990 also established the ULL, a boundary beyond which no urban land use could be established. Measure C – 1990 was set to expire on December 31, 2010. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Will Nelson (925) 674-7791 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.3 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2016 Contra Costa County Subject:Report on 2016 Urban Limit Line Mid-term Review February 2, 2016`Official Minutes 20 BACKGROUND: (CONT'D) > On November 7, 2006, County voters approved Measure L (see Attachment A, current map of the ULL and Attachment B, Voter Information Pamphlet Containing Measures L and M), which extended the term of the 65/35 Ordinance (including the ULL) to December 31, 2026. Measure L also included the following requirement for a mid-term (2016) review of the ULL: “The Board of Supervisors will review the boundary of the ULL in the year 2016. The purpose of the year 2016 review is to determine whether a change to the boundary of the County’s Urban Limit Line Map is warranted, based on facts and circumstances resulting from the County’s participation with the cities in a comprehensive review of the availability of land in Contra Costa County sufficient to satisfy housing and jobs needs for 20 years thereafter. This review of the ULL is in addition to any other reviews of the ULL the Board of Supervisors may conduct.” It should also be noted that the process for changing the boundary is outlined in Measure L. Expansions exceeding 30 acres require a 4/5 vote of the Board of Supervisors after making at least one of seven specified findings, followed by voter approval. Expansions of 30 acres or fewer may be approved by a 4/5 vote of the Board after making at least one of the seven findings. Staff proposes the following approach and schedule for completing the ULL review and requests the Board's concurrence. Work Plan Concepts that Affect the 2016 ULL Mid-term Review Measure L requires the County to assess whether there is sufficient land inside the ULL to satisfy housing and jobs needs until 2036. However, two important concepts must be understood prior to answering this question. First, the amount of developable land in Contra Costa County is ultimately limited by the 65/35 standard. The ULL acts to direct urban development into certain areas and away from others and works in concert with the 65/35 standard. Currently, the ULL contains more than 35% of the land in the county, some of which is park or other non-urban land that counts toward the 65% minimum. Second, answering the question of "whether there is sufficient land" requires a discussion of density, which is the number of housing units or jobs in a given geographic area. Because the County and cities can increase density through land-use regulations such as general plans and zoning ordinances, one can conclude that there is enough land inside the ULL to satisfy housing and jobs needs until 2036 and beyond, contingent on the desire to approve development at the necessary densities and presuming a sufficient quantity of applications. However, it is possible that the densities necessary to accommodate housing and jobs needs within the existing ULL may be higher than the densities that have historically been permitted in Contra Costa County. Since the end of World War II, most growth in the county has occurred in the low-density suburban development pattern common throughout the United States during the post-war period. The low-density pattern focuses mainly on development of single-family residential neighborhoods and grouping of similar land uses, and results in high automobile dependency. This pattern continued through the housing boom preceding the Great Recession and was the predominant pattern in those parts of the county that were experiencing significant growth when Measure L was adopted. However, in late September 2006, less than two months prior to Measure L’s adoption, the State took its first major step toward reducing greenhouse gas emissions with the adoption of Assembly Bill 32, the Global Warming Solutions Act. Subsequent legislation, such as Senate Bills 375 and 743, aim at cutting greenhouse gas emissions primarily by changing land use patterns and decreasing the number of vehicle miles traveled. As they relate to land use, the State’s actions are intended to refocus development pressures inward, emphasizing transit-oriented development, mixed-uses, higher densities, and development of vacant and underutilized lots instead of pushing February 2, 2016`Official Minutes 21 the suburban footprint farther out. In the unincorporated area, we are seeing projects that embrace these concepts, such as the proposed Saranap Village Mixed-Use Project and the recently-approved doubling of density from 100 to 200 units at the Avalon Bay Block C Project at Pleasant Hill/Contra Costa Centre BART. Estimating Housing and Jobs Needs in Contra Costa County To estimate housing and jobs needs in the county over the next 20 years, staff proposes using the Association of Bay Area Governments-Metropolitan Transportation Commission (ABAG-MTC) Year 2040 projections for employment, population, and housing growth in the Bay Area as the primary data set. According to ABAG-MTC, these projections have been validated by the Center for Continuing Study of the California Economy, UC Berkeley, and Strategic Economics, all of which are outside consultants hired by ABAG-MTC. Staff will consult the adopted General Plan Housing Elements for the 19 cities, which demonstrate how housing needs can be met through 2022. Staff will also consider historic development pressures and trends in various sub-areas of the county and the practical effects of State legislation passed since Measure L’s adoption. Survey for Cities To satisfy the Measure L requirement for participation with the cities, staff proposes one or more meetings with city staff and distribution to each city of a short survey or questionnaire similar to the Measure J Growth Management Compliance Checklist developed by the Contra Costa Transportation Authority, which the County and the cities must respond to every two years in order to receive certain transportation sales tax revenue. While the survey has not yet been developed, staff envisions a series of questions related mostly to the supply of developable land within city limits relative to the ABAG-MTC growth projections and other factors described above. Public Meetings While not required under Measure L, staff proposes holding at least three public meetings, one each in West, Central, and East Contra Costa County, to provide opportunities in addition to Board of Supervisor meetings for direct citizen participation in the ULL review process. General Approach Factoring in the ABAG-MTC projections, current Housing Element numbers, survey responses from the cities, comments received at the public meetings, and any other relevant information that surfaces during the process, staff would analyze whether anticipated housing and jobs needs could be accommodated within the existing ULL through 2036. Given the uncertainty of future development patterns, including the density of development proposed and approved, staff proposes analyzing two “bookend” development scenarios. The first, or "lower-density" scenario, assumes that development occurs according to the existing General Plans of the County and the 19 cities. This would be accomplished by analyzing the County's General Plan Land Use Element Map to determine whether the ABAG-MTC projected growth could be accommodated on vacant land inside the existing ULL, including land that is currently designated for non-urban use. Lower-density development would be assumed for agricultural areas inside the ULL that may realistically be converted to an urban use. Staff would analyze the cities' survey responses to help determine whether anticipated growth in incorporated areas could be accommodated. The second, or "higher-density" scenario, would assume that future development would occur in a manner more in line with current trends in State policy. This scenario anticipates development of existing vacant and underutilized lands that already have urban land use designations, but generally at higher densities. As with the lower-density scenario, this scenario assumes conversion of non-urban lands inside the ULL that may realistically be converted to urban use. However, this scenario assumes that conversion would occur at a higher average density. This scenario will illustrate how much development could realistically occur inside the existing ULL if policies supporting higher density and mixed uses were to be adopted at the local level. February 2, 2016`Official Minutes 22 As outlined above, the 2016 review must satisfy the purpose set forth in Measure L: to determine if enough land exists to satisfy housing and jobs needs through 2036. Consequently, staff does not propose to review the location of the ULL boundary as a part of the analysis (i.e., the report to the Board will not include recommendations regarding specific locations where the ULL boundary should be expanded or contracted). If this review indicates that there may be difficulty in accommodating projected jobs and housing needs in the county within the timeframe specified by Measure L, then a detailed land planning process will be necessary to determine how best to address the issue. Options may include increasing existing densities and adjusting the ULL boundary. Timeline Upon receiving the Board’s approval to proceed, staff intends to develop the ULL survey and distribute it to the cities as soon as possible. Staff’s goal is to distribute the survey in February 2016 with a request for responses by the end of June. Staff intends to conduct the public meetings from approximately April through June. Staff’s analysis would be conducted from July through September, with a report to the Board of Supervisors in the final quarter of 2016. CONSEQUENCE OF NEGATIVE ACTION: None. The purpose of this report is to provide an update to the Board of Supervisors. CLERK'S ADDENDUM Speakers:  Lisa Vorderbruggen, BIA/Bay Area; Jim Parrott, City of San Pablo; LouAnn Texeira, LAFCo; Juan Pablo Galvan, Save Mount Diablo;  Eli D., resident of Martinez. Supervisor Piepho requested that staff include the information from Beacon Economics  “The Economic Outlook Focus on Contra Costa” (received at January 26th meeting) in the report in regard to housing needs in the County. Supervisor Piepho  also requested the following information: a. A review of the impact of infill development, including the dollar value between infill development projects and those that are being built on the fringe b. The affordability of the housing coming onto the market c. Recommendations on how to enhance the Board’s ongoing efforts in the rural/agricultural land preservation, creating 21 st century marketability and viability for farmers and the agricultural community without allowing unintended large expansion capability; Supervisor Mitchoff clarified with staff that the Urban Limit Line Measure L does expire December 2036, but that there is no consideration to move the boundary line at this time. Expansion of the boundary line in excess of 30 acres would require voter approval.    Supervisor Andersen requested that if data is readily available on the demographic of affordability of available housing units, that it be included, and a list of pending applications for growth of 30 acres or less into the Urban Limit Line area (staff will meet with the Local Agency Formation Commission to discuss those proposed applications).  Supervisor Glover requested that staff’s report be mindful of road infrastructure in its analysis, especially in regard to transportation needs to support more housing and growth; ACCEPTED and APPROVED the proposed approach and schedule for the 2016 Urban Limit Line (ULL) Mid-term Review required under Measure L – 2006; and DIRECTED staff to consult with the Local Agency Formation Commission (LAFCo), BIA/Bay Area, East Bay Leadership Council and the East Bay Economic Development Alliance for data gathering purposes, and include business and community stakeholders at the public meetings. AGENDA ATTACHMENTS Attachment A - Urban Limit Line Map Attachment B - Voter Information Pamphlet Containing Measures L and M MINUTES ATTACHMENTS Correspondence Received February 2, 2016`Official Minutes 23 Map Created on May 5th, 2014Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map was created by the Contra Costa County Department of Conservation and Developmentwith data from the Contra Costa County GIS Program. The voter approved urban limit line is valid forunincorporated Contra Costa County and those cities that adopted it. Some cities have adoptedtheir own voter approved urban growth boundaries. Please contact the individual cities fortheir urban growth boundary. This map contains copyrighted information and may not be altered.It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. Prepared by the Department of Conservation and Development CONTRA COSTA COUNTY Urban Limit Line §¨¦980 §¨¦880 }þ4 }þ24 }þ160 }þ242 §¨¦680 §¨¦80 §¨¦580 §¨¦80 567J4 }þ4 }þ4 }þ4 §¨¦680 }þ4 }þ4 §¨¦680 §¨¦80 }þ24 }þ13 §¨¦580 §¨¦580 }þ160 §¨¦680 §¨¦80 §¨¦780 Bethel HERCULESPINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEKLAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON DANVILLE ORINDA MORAGA ELCERRITO SAN PABLO Kensington El Sobrante Rodeo Crockett Alamo Knightsen Byron BayPoint Pacheco Blackhawk Diablo PITTSBURG Canyon PortCosta RICHMOND Clyde NorthRichmond Saranap ContraCostaCentre MtView VineHill TaraHills MontalvinManor Bayview EastRichmond Heights North Gate Reliez Valley AlhambraValley Rollingwood ShellRidgeAcalanesRidge CastleHill CaminoTassajara NorrisCanyon Briones DoughertyValley Island BENICIA VALLEJO ALBANY BERKELEY OAKLAND EMERYVILLE PIEDMONT SANFRANCISCO DUBLIN LIVERMORECastroValley DiscoveryBay San Miguel ByronAirport SanPabloBay SanFranciscoBay SuisunBay San Pablo Reservoir BrionesReservoir Los Vaqueros Reservoir CliftonCourtForebay FranksTractSacramento RiverHonkerBay San Leandro Reservoir Carquinez Strait RiverJoaquinSan Old RiverBigBreak LafayetteReservoir AlamedaCounty SolonoCounty SacramentoCounty SanJoaquinCounty SolonoCounty AlamedaCounty ConeyIsland ByronTract OrwoodTract PalmTract VealeTract HollandTract QuimbyIsland WebbTractBradfordIsland JerseyIsland WinterIsland BrownsIsland MountDiablo 0 3 6 91.5 Miles 6 E S W N Map includes all amendments through April 2014. For higher detail and the most current designationsplease refer to the county's Maps & GIS website:http://www.contracosta.ca.gov/1818/Maps-GISfor an interactive map and GIS data downloads. Agricultural Core Urban Limit Line Agriculture, Open Space, Wetlands, Parks and Other Non Urban Uses Urban Uses (Unincorporated/City) Incorporated AreasANTIOCH Unincorporated AreasAlamo Voter-approved Urban Limit Line adopted under Measure LNovember 7, 2006Term runs through 2026 NOTE: February 2, 2016`Official Minutes 24 VOTER INFORMATION PAMPHLET Containing MEASURES L & M CONTRA COSTA COUNTY TUESDAY, NOVEMBER 7, 2006 Arguments in favor of or against the proposed measures are the opinions of the authors. If you would like to receive this information in Spanish please call (925) 646-4166; if you have already requested voting information in Spanish, the information will be mailed to you automatically. Si desea recibir esta información en español, por favor llame al (925) 646-4166, si ya solicitó información para votar en español, ésta será enviada automáticamente por correo. Measure L.............................................................................. Pages 1 - 14 Measure M ........................................................................... Pages 15 - 19 February 2, 2016`Official Minutes 25 1 MEASURE L CONTRA COSTA COUNTY URBAN LIMIT LINE Shall the voters amend the Contra Costa County General Plan (2005-2020) and the County's 65/35 Land Preservation Plan Ordinance (County Ordinance Code, Chapter 82-1) to: (i) extend the term of the County's Urban Limit Line to the Year 2026; (ii) require voter approval to expand the line by more than 30 acres; (iii) adopt a new Urban Limit Line Map; and (iv) establish new review procedures? COUNTY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE L In 1990, voters in Contra Costa County approved Measure C-1990, the 65/35 Contra Costa County Land Preservation Plan Ordinance (“65/35 Ordinance”), which expires in 2010. Measure C-1990 limited urban development to no more than 35 percent of the land in the County and required that at least 65 percent be preserved for agriculture, open space, wetlands, parks, and other non-urban uses. Measure C-1990 also established the County’s Urban Limit Line (“ULL”), a line beyond which no urban land use can be designated. In 1988, County voters approved Measure C-1988, which imposed a sales tax for local transportation purposes. In 2004, voters approved Measure J, which extended that sales tax 25 years. The County must have a ULL, developed and maintained in accord with the “Principles of Agreement for Establishing the Urban Limit Line” (“Principles”), which was part of Measure J, to receive the sales tax proceeds. To comply with the Principles, the ULL must be extended beyond 2010. To continue to be eligible to receive the sales tax proceeds, the Principles require the County, by March 31, 2009, to either establish a ULL based on the mutual agreement of the County and cities or obtain voter approval of a County ULL. The County and cities were unable to agree upon a ULL. The County therefore seeks voter approval of the extension of the County’s ULL to continue to be eligible to receive the sales tax proceeds. In July 2005, the County took steps to initiate a new, voter-approved ULL, including carrying out an environmental review and preparing a ballot measure. The environmental review resulted in a conclusion that the proposed ballot measure will not result in any significant impacts on the environment. February 2, 2016`Official Minutes 26 2 If this ballot measure is approved by the voters, the measure would amend the County’s General Plan (2005-2020) and the 65/35 Ordinance to accomplish the following: (1) extend the term of the 65/35 Ordinance from December 31, 2010, to December 31, 2026; (2) require four-fifths vote of the County Board of Supervisors and voter approval to expand the ULL by more than 30 acres (but voter approval is not required if four- fifths of the Board finds after a public hearing that there is substantial evidence in the record that the ULL expansion is necessary to avoid an unconstitutional taking of private property or is necessary to comply with state or federal law); (3) provide for periodic reviews of the ULL by the Board of Supervisors and a required review in 2016 involving an evaluation of housing and job needs; (4) adopt a new ULL map; and (5) retain the 65/35 land preservation standard and protections for the County’s prime agricultural land. This measure will become effective immediately if approved by a majority of the voters voting on the measure. ARGUMENT IN FAVOR OF MEASURE L Protecting Contra Costa County’s remaining open space and agricultural lands, discouraging urban sprawl, and preventing traffic congestion from getting any worse, are concerns that matter to all County residents. These concerns are not new. In 1990 the voters enacted the County’s Urban Limit Line, approved under Measure C: The Contra Costa County 65/35 Land Preservation Plan Ordinance, which established a line beyond which no urban land uses could be approved during the term of the County’s General Plan. The Measure C-1990 ordinance runs for 20 years and is due to expire in 2010. Over the past 16 years, the Urban Limit Line has protected thousands of acres of open space and agricultural lands and has succeeded in channeling growth into areas of the County most appropriate for urban development. Through Measure L, the Board of Supervisors asks the voters to extend the term of the County’s Urban Limit Line to the year 2026. What does a “yes” vote on Measure L mean? A “yes” vote will extend the term of the Urban Limit Line for another 20 years insuring the continued protection and preservation of the County’s open space and agricultural lands. A “yes” vote will require voter approval for future expansion of the Urban Limit Line by more than 30 acres, meaning that through 2026 the voters will decide whether the unincorporated, rural areas of Contra Costa County should be urbanized. A “yes” vote will February 2, 2016`Official Minutes 27 3 provide certainty in the County’s land use planning process, promoting orderly development in the unincorporated communities of the County with adequate public services to accommodate future growth (roads, water, sewer, etc.). A “yes” vote will maintain eligibility for local funds under the ½ cent transportation sales tax program approved by voters in 2004. We strongly urge voters to approve Measure L. John Gioia, Supervisor, District I Gayle B. Uilkema, Supervisor, District II Mary Nejedly Piepho, Supervisor District III Mark DeSaulnier, Supervisor, District IV Federal D. Glover, Supervisor, District V ARGUMENT AGAINST MEASURE L None filed. FULL TEXT OF MEASURE L 2006 VOTER-APPROVED CONTRA COSTA COUNTY URBAN LIMIT LINE The People of the County of Contra Costa County hereby ordain as follows: SECTION 1. TITLE This measure shall be entitled the 2006 Voter-Approved Contra Costa County Urban Limit Line. SECTION 2. SUMMARY This measure amends the Land Use Element of the Contra Costa County General Plan (2005-2020) and the 65/35 Contra Costa Land Preservation Ordinance in the following ways: (1) It extends the term of February 2, 2016`Official Minutes 28 4 the 65/35 Land Preservation Plan Ordinance from December 31, 2010 to December 31, 2026. (2) It provides that, through December 31, 2026, the General Plan cannot be amended to expand the Urban Limit Line by more than 30 acres without a four-fifths vote of the Board of Supervisors and approval of the voters. (3) It provides for periodic reviews of the Urban Limit Line, including a mandatory mid-point review in Year 2016 involving an evaluation of land supply to satisfy 20-year housing and job needs in Contra Costa County. (4) It incorporates a new and revised Urban Limit Line Map that reflects the approvals of city Urban Limit Lines or Urban Growth Boundary maps by voters in the cities of Antioch, Pittsburg, and San Ramon and also reflects other non-substantive boundary changes at various locations. (5) Finally, the measure retains the 65/35 land preservation standard and protections for the County’s prime agricultural land. SECTION 3. STATEMENT OF PURPOSE AND FINDINGS The voters approve this measure based on the following facts and considerations: A. In November 1990 the voters approved Measure C-1990, the 65/35 Contra Costa County Land Preservation Plan Ordinance (Chapter 82-1 of the County Ordinance Code), which limited urban development in Contra Costa County to no more than thirty-five (35) percent of the land in the County and required that at least 65 percent of all land in the County would be preserved for agriculture, open space, wetlands, parks, and other non-urban uses. Measure C-1990 also established a countywide Urban Limit Line identifying non-urban agricultural, open space, and other areas beyond which no urban land use could be designated during the term of the General Plan. B. County Ordinance Code Section 82-1.028 currently provides that the Urban Limit Line will remain in effect until December 31, 2010. This measure would extend the duration of the 65/35 Land Preservation Plan (which includes the Urban Limit Line) to December 31, 2026, thus extending the protection to the County’s non-urban and open space areas for an additional 16 years. Because the factors contributing to the need to adopt the 65/35 Land Preservation Plan still exist, it is appropriate to extend these protections through the year 2026. C. The procedure by which the Urban Limit Line may be changed, either by the Board of Supervisors or by action of the voters, is described at page 3-9, Land Use Element, Contra Costa County February 2, 2016`Official Minutes 29 5 General Plan, and in Contra Costa County Ordinance Code Section 82-1.018. To provide additional protection to the County’s non- urban and open space areas, this measure would require that, through December 31, 2026, the General Plan cannot be amended to expand the Urban Limit Line by more than 30 acres without a four-fifths vote of the Board of Supervisors and approval of the voters. D. This measure would establish a procedure to allow the Board of Supervisors to review the Urban Limit Line on a 5-year cycle, commencing in 2011, to consider whether changes should be made to reflect changing times. This measure would also require a 10- year comprehensive review of the Urban Limit Line in 2016 to determine whether there is sufficient land available to satisfy housing and jobs needs for Contra Costa County for the following 20 years. Because housing and job needs, as well as social and environmental factors, may change over the years, it is appropriate to provide for this review procedure in 2016, which is the mid-point of the extended term, to determine whether expansion of the Urban Limit Line should be considered to meet the changing needs of the County. SECTION 4. IMPLEMENTATION To implement this measure, the Contra Costa County General Plan (2005-2020) and Chapter 82-1, 65/35 Land Preservation Plan Ordinance, Contra Costa County Ordinance Code, are amended as follows: A. GENERAL PLAN AMENDMENTS 1. CHANGE TO GENERAL PLAN MAP DIAGRAM At page 3-10, Land Use Element, Contra Costa County General Plan (2005-2020), Figure 3-1, Urban Limit Line Map (black and white version sized 8”x 11”), and a color version of Urban Limit Line Map (11” x 17” insert to the General Plan) are hereby amended, as shown on Figure One: Contra Costa County Urban Limit Line Map, which is attached to this measure. Each will be titled: “Contra Costa County Urban Limit Line Map” and adopted to show the boundary of the Urban Limit Line, as approved by this measure. February 2, 2016`Official Minutes 30 6 2. CHANGE TO GENERAL PLAN TEXT The General Plan is hereby amended to revise the text of “CHANGES TO THE URBAN LIMIT LINE”, at page 3-9 of the Land Use Element of the Contra Costa County General Plan, as follows. New text shown in bold italics and underline [example] is added to the existing text while text in strikeout font [example] is deleted from the existing text. Text in ordinary font is unchanged by this measure. CHANGES TO THE URBAN LIMIT LINE There shall be no change to the ULL that would violate the 65/35 Land Preservation Standard. The ULL will only be changed by a 4/5 vote of the Board of Supervisors after holding a public hearing and making one or more of the following findings based on substantial evidence in the record: There will be no change to the ULL except in the manner specified herein. There will be no change to the ULL unless the Board of Supervisors first holds a public hearing at which it approves the change or changes, by a four-fifths vote, after making one or more of the following findings based on substantial evidence in the record: (a) a natural or man-made disaster or public emergency has occurred which warrants the provision of housing and/or other community needs within land located outside the ULL; (b) an objective study has determined that the ULL is preventing the County from providing its fair share of affordable housing or regional housing as required by State law, and the Board of Supervisors finds that a change to the ULL is necessary and the only feasible means to enable the County to meet these requirements of State law; (c) a majority of the cities that are party to a preservation agreement and the County have approved a change to the ULL affecting all or any February 2, 2016`Official Minutes 31 7 portion of the land covered by the preservation agreement; (d) a minor change to the ULL will more accurately reflect topographical characteristics or legal boundaries; (e) an objective study has determined that a change to the ULL is necessary or desirable to further the economic viability of the east Contra Costa County Airport, and either (i) mitigate adverse aviation related to environmental or community impacts attributable to Buchanan Field, or (ii) further the County's aviation related needs; (f) a change is required to conform to applicable California or federal law. (g) a five (5) year periodic cyclical review of the ULL has determined, based on criteria and factors for establishing the ULL set forth above, that new information is available (from city or County growth management studies or otherwise) or circumstance have changed, warranting a change to the ULL. Any General Plan amendment that would expand the ULL by more than 30 acres shall require voter approval of the proposed General Plan amendment, following the public hearing and the four-fifths vote of the Board of Supervisors approving the General Plan amendment and making one or more of the findings set forth in subsections (a) through (g) above. Notwithstanding the foregoing, a proposed General Plan amendment to expand the ULL by more than 30 acres does not require voter approval if, after a public hearing, the Board of Supervisors by a four-fifths vote approves the General Plan amendment and makes either of the following findings based on substantial evidence in the record: (i) the expansion of the ULL is necessary to avoid an unconstitutional taking of private property; or (ii) the expansion of the ULL is necessary to comply with state or federal law. Expansions of the February 2, 2016`Official Minutes 32 8 ULL totaling 30 acres or less do not require voter approval. [ADD THE FOLLOWING NEW PARAGRAPHS UNDER THE HEADING “CHANGES TO THE URBAN LIMIT LINE”, at page 3-9 of the Land Use Element of the General Plan as follows] The Board of Supervisors may conduct a cyclical review of the ULL every five years. The Board of Supervisors will review the boundary of the ULL in the year 2016. The purpose of the year 2016 review is to determine whether a change to the boundary of the County’s Urban Limit Line Map is warranted, based on facts and circumstances resulting from the County’s participation with the cities in a comprehensive review of the availability of land in Contra Costa County sufficient to satisfy housing and jobs needs for 20 years thereafter. This review of the ULL is in addition to any other reviews of the ULL the Board of Supervisors may conduct. Any change to the ULL proposed as a result of any review authorized by this section must be adopted pursuant to the procedures set forth in this section. These provisions are effective until December 31, 2026. B. ORDINANCE CODE CHANGES 1. To be consistent with the amendments to the General Plan that change the boundary of the Urban Limit Line, the People of the County of Contra Costa hereby enact Ordinance No. 2006-06 as follows: TEXT OF PROPOSED ORDINANCE Ordinance No. 2006-06 Section 1. Title. This ordinance shall be entitled the “2006 Voter-Approved Contra Costa County Urban Limit Line.” February 2, 2016`Official Minutes 33 9 Section 2. Summary. This ordinance amends Chapter 82-1 of the County Ordinance Code to extend the term of the County’s Urban Limit Line to the year 2026, to establish new procedures to review the boundaries of the Urban Limit Line and to prohibit expansion of the line by more than 30 acres without voter approval. Section 3. Ordinance Code Section 82-1.010 is amended to read as follows (new text to be inserted is shown in bold italics and underline [example], text in strikeout font [example] is deleted from the existing text and text in ordinary font is unchanged by this measure): 82-1.010 Urban limit line. To ensure the enforcement of the 65/35 standard set forth in Section 82-1.006, an urban limit line shall be established, in approximately the location depicted on the illustrative 65/35 Contra Costa County Land Preservation Plan Map attached as Exhibit A to Ordinance No. 90-66 “Contra Costa County Urban Limit Line Map” adopted by the voters on November 7, 2006. The urban limit line shall be is incorporated into the county’s open space conservation plan. The urban limit line shall limit limits potential urban development in the county to thirty-five percent of the land in the county and shall prohibit prohibits the county from designating any land located outside the urban limit line for an urban land use. The criteria and factors for determining whether land should be considered for location outside the urban limit line should include (a) land which qualifies for rating as Class I and Class II in the Soil Conservation Service Land Use Capability Classification, (b) open space, parks and other recreation areas, (c) lands with slopes in excess of twenty-six percent, (d) wetlands, and (e) other areas not appropriate for urban growth because of physical unsuitability for development, unstable geological conditions, inadequate water availability, the lack of appropriate infrastructure, distance from existing development, likelihood of substantial environmental damage or substantial injury to fish or wildlife or their habitat, and other similar factors. (Ords. 2006-06 §3, 91-1 § 2, 90-66 § 4). February 2, 2016`Official Minutes 34 10 Section 4. Ordinance Code Section 82-1.018 is amended to read as follows (new text to be inserted is shown in bold italics and underline [example], text in strikeout font [example] is deleted from the existing text and text in ordinary font is unchanged by this measure): 82-1.018 Changes to the urban limit line. (a) There shall be no change to the urban limit line that violates the 65/35 standard set forth in Section 82-1.006. After adoption of the new general plan, as Except as otherwise provided in this Section, as long as there is no violation of the 65/35 standard, the urban limit line can be changed by a four-fifths vote of the board of supervisors after holding a public hearing and making one or more of the following findings based on substantial evidence in the record: (1) A natural or manmade disaster or public emergency has occurred which warrants the provision of housing and/or other community needs within land located outside the urban limit line; (2) An objective study has determined that the urban limit line is preventing the county from providing its fair share of affordable housing, or regional housing, as required by state law, and the board of supervisors finds that a change to the urban limit line is necessary and the only feasible means to enable the county to meet these requirements of state law; (3) A majority of the cities that are party to a preservation agreement and the county have approved a change to the urban limit line affecting all or any portion of the land covered by the preservation agreement; (4) A minor change to the urban limit line will more accurately reflect topographical characteristics or legal boundaries; February 2, 2016`Official Minutes 35 11 (5) A five-year periodic cyclical review of the urban limit line has determined, based on the criteria and factors for establishing the urban limit line set forth in Section 82-1.010 above, that new information is available (from city or county growth management studies or otherwise) or circumstances have changed, warranting a change to the urban limit line; (6) An objective study has determined that a change to the urban limit line is necessary or desirable to further the economic viability of the East Contra Costa County Airport, and either (i) mitigate adverse aviation-related environmental or community impacts attributable to Buchanan Field, or (ii) further the county’s aviation related needs; or (7) A change is required to conform to applicable California or federal law. (b) Any such change shall be subject to referendum as provided by law. Changes to the urban limit line under any other circumstances, shall require a vote of the people. (b) Except as otherwise provided in this subsection, any proposed general plan amendment that would expand the urban limit line by more than 30 acres will require voter approval of the proposed general plan amendment in addition to and following a four- fifths vote of the board of supervisors approving the general plan amendment and making one or more of the findings required by subsection (a) above. Notwithstanding the foregoing, a proposed general plan amendment to expand the urban limit line by more than 30 acres does not require voter approval if, after a public hearing, the board of supervisors by a four-fifths vote makes either of the following findings based on substantial evidence in the record: (i) the expansion of the urban limit line is necessary to avoid an unconstitutional taking of private property; or February 2, 2016`Official Minutes 36 12 (ii) the expansion of the urban limit line is necessary to comply with state or federal law. Proposed expansions of 30 acres or less do not require voter approval. (c) The board of supervisors may conduct a cyclical review of the urban limit line every five years. (d) The board of supervisors will review the boundary of the urban limit line in the year 2016. The purpose of the year 2016 review is to determine whether a change to the boundary of the county’s urban limit line map is warranted, based on facts and circumstances resulting from the county’s participation with the cities in a comprehensive review of the availability of land in Contra Costa County sufficient to meet housing and jobs needs for 20 years. This review of the urban limit line is in addition to any other reviews of the urban limit line the board of supervisors may conduct. (e) Any change to the urban limit line proposed as a result of any review authorized by this section will not be effective unless it is approved pursuant to the procedures set forth in this section. (Ords. 2006-06 §4, 91-1 §2, 90- 66 §4.) Section 5. Ordinance Code Section 82-1.028 is amended to read as follows (new text to be inserted is shown in bold italics and underline [example] while text in strikeout font [example] is deleted from the existing text and text in ordinary font is unchanged by this measure): 82-1.028 Duration. The provisions of this chapter shall be in effect until December 31, 2010 December 31, 2026, to the extent permitted by law. (Ords. 2006-06 §5, 91-1 § 2, 90-66 § 4). February 2, 2016`Official Minutes 37 13 SECTION 5. EFFECTIVE DATE This measure shall become effective immediately upon approval by the voters. Upon the effective date, Section 4.A) 1. CHANGE TO GENERAL PLAN MAP DIAGRAM and Section 4.A) 2. CHANGE TO GENERAL PLAN TEXT of this measure are hereby inserted into the Contra Costa County General Plan (2005-2020), as one of the four consolidated general plan amendments for calendar year 2006 allowed under state law. Upon the effective date, Ordinance No. 2006-06 is hereby enacted as a County ordinance, amending the County Ordinance Code. SECTION 6. SEVERABILITY If any portion of this ordinance is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this ordinance shall remain in full force and effect. Each section, subsection, sentence, phrase, part or portion of this ordinance would have been adopted and passed regardless of whether any one or more section, subsections, sentences, phrases, parts or portions was declared invalid or unconstitutional. SECTION 7. AMENDMENT OR REPEAL Except as otherwise provided herein, this measure may be amended or repealed only by the voters of Contra Costa County at a countywide election. February 2, 2016`Official Minutes 38 14 February 2, 2016`Official Minutes 39 15 MEASURE M CONTRA COSTA COUNTY RETIREMENT BOARD ORDINANCE Shall Ordinance No. 2006-40 of the Contra Costa County Board of Supervisors be adopted to authorize the alternate member appointed by the Board of Supervisors to the Contra Costa County Employees' Retirement Association Board of Retirement to serve as the alternate for a County Supervisor member of the Board of Retirement? COUNTY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE M The Contra Costa County Employees’ Retirement Association is a cost- sharing multiple-employer defined benefit pension plan governed by the California Constitution and the County Employees Retirement Law of 1937. The plan is administered by the Retirement Board. The Retirement Board is made up of nine members. The Contra Costa County Board of Supervisors appoints four persons to be members of the Retirement Board (“appointees”). All four appointees must be eligible to vote in the County and may not be connected with County government, but one appointee may be a member of the Board of Supervisors (“Supervisor-appointee”). Certain Retirement Board members have been authorized by statute to have alternates. Before 2006, however, an alternate was not authorized for the four appointees. Under a new statute, effective January 1, 2006, the Board of Supervisors is authorized to appoint one floating alternate for its four appointees to the Retirement Board. Pursuant to this statute, the Board of Supervisors has appointed an alternate. The alternate may vote as a member of the Retirement Board only when one of the four appointees is absent from a Retirement Board meeting for any cause. If there is a vacancy with respect to one of the four appointees, the alternate fills the vacancy until a successor qualifies. The alternate is entitled to the same compensation as the four appointees. However, the alternate may not serve as an alternate for the Supervisor-member unless a majority of voters approve that arrangement. This ballot measure asks the voters to decide whether the alternate may serve as an alternate to the Supervisor-member. A “yes” vote is a vote to approve the alternate serving as an alternate for the Supervisor-member. A “no” vote is a vote against the alternate serving as an alternate for the Supervisor-member. February 2, 2016`Official Minutes 40 16 ARGUMENT IN FAVOR OF MEASURE M Decisions of the County Retirement Board can have a significant financial impact on Contra Costa County. The Retirement Board sets employer-paid retirement rates and the County is legally obligated to make payments as determined by the Retirement Board for its employee retirement benefit costs. Higher rates and costs mean that the County has less money available for law enforcement, healthcare, libraries and other services and programs important to our county’s businesses and residents. Currently there is an alternate for every member of the County Retirement Board except the member who is a County Supervisor. Consequently, when the County Supervisor member cannot attend a meeting, there is no alternate to take his/her place. This is neither fair nor equitable. New state law allows for an alternate for a County Supervisor member of the County Retirement Board if approved by a majority of the electorate. Authorizing an alternate for the County Supervisor member on the County Retirement Board will not increase the number of alternates or result in any increased costs. The same alternate will serve for all Board-appointed Retirement Board members. A “YES” on Measure M: • increases the County’s ability to protect taxpayer interests; • allows full representation of the County and its taxpayers on the County Retirement Board; • adds no additional costs for Retirement Board alternates. Please vote “YES” on “M.“ Supervisor John Gioia, Chair, Board of Supervisors Supervisor Mary N. Piepho, Vice Chair, Board of Supervisors William J. Pollacek, Contra Costa County Treasurer-Tax Collector Stephen J. Ybarra, Contra Costa County Auditor-Controller February 2, 2016`Official Minutes 41 17 ARGUMENT AGAINST MEASURE M None filed. FULL TEXT OF MEASURE M TEXT OF PROPOSED ORDINANCE NO. 2006-40 The People of the County of Contra Costa hereby ordain as follows: Section 1. Title This ordinance shall be entitled “Alternate for County Supervisor on County Retirement Board.” Section 2. Summary This ordinance will add Article 38-4.10 to the Contra Costa County Ordinance Code to permit the alternate member appointed by the Board of Supervisors to the Contra Costa County Employees’ Retirement Association Board of Retirement to serve as the alternate for a County Supervisor member of the Retirement Board. Section 3. Statement of Purpose and Findings The voters of Contra Costa County approve this ordinance based on the following facts and considerations. A. The County Employees’ Retirement Act of 1937 sets forth the membership composition requirements for nine-member Retirement Boards. One elected member represents safety employees (e.g., fire and law enforcement), one elected member represents retired employees, two elected members represent general (non-safety) employees, and four members appointed by the Board of Supervisors (4th, 5th, 6th and 9th members) represent the employers, Contra Costa County and other member public agencies. The County Treasurer-Tax Collector serves as an ex officio member of the Retirement Board. B. Retirement Board members appointed by the Board of Supervisors must be persons eligible to vote in the County but have no connection to County government, except that one of the members may be a member of the Board of Supervisors (i.e., February 2, 2016`Official Minutes 42 18 a County Supervisor). A County Supervisor currently serves as a Board of Supervisors’ appointee to the Retirement Board. C. The Retirement Act allows alternates to serve for certain members of the Retirement Board. There is an alternate for the member representing retirees and an alternate for the general and safety members. The Treasurer-Tax Collector also has an alternate. D. Government Code section 31520.12, enacted in 2005, authorized the Board of Supervisors to appoint an alternate member for its appointees to the Retirement Board. An alternate member has been appointed by the Board, but the alternate member does not currently serve as an alternate for the County Supervisor member. This is because Government Code section 31520.12 requires that, if the Board of Supervisors appoints a County Supervisor to the Retirement Board, the alternate member appointed by the Board of Supervisors may not serve as the alternate for the County Supervisor member “unless service by an alternate member for an appointed supervisor member is approved by the majority of the electors in the County.” E. Because the Retirement Board sets employer-paid retirement rates, decisions of the Retirement Board can have a significant impact on County finances. Consequently it is important that the County be fully represented on the Retirement Board. Currently, when a County Supervisor who is appointed as a Retirement Board member is unable to attend a Retirement Board meeting, no alternate can take his or her place. The purpose of this ordinance is to remedy that situation by allowing the Board-appointed alternate to also serve as the alternate for a County Supervisor member of the Retirement Board. Section 4. Authorization and Implementation Article 38-4.10, authorizing the alternate member appointed by the Board of Supervisors to the Contra Costa County Employees’ Retirement Association Board of Retirement to serve as the alternate for a County Supervisor member, is added to the County Ordinance Code to read: February 2, 2016`Official Minutes 43 19 Article 38-4.10 Alternate for County Supervisor on County Retirement Board 38-4.1002 Alternate May Serve For County Supervisor. If the board of supervisors appoints a county supervisor as the fourth, fifth, sixth or ninth member of the board of retirement, and by resolution appoints an alternate member for its appointees to the board of retirement, the alternate member may serve as the alternate for the county supervisor member. (Ord. 2006-40 §4 [Govt. Code § 31520.12].) Section 5. Effective Date. This measure shall become effective immediately upon approval by a majority of the electors in the County. February 2, 2016`Official Minutes 44 February 2, 2016`Official Minutes45 February 2, 2016`Official Minutes46 February 2, 2016`Official Minutes47 February 2, 2016`Official Minutes48 February 2, 2016`Official Minutes49 February 2, 2016`Official Minutes50 February 2, 2016`Official Minutes51 February 2, 2016`Official Minutes52 February 2, 2016`Official Minutes53 February 2, 2016`Official Minutes54 February 2, 2016`Official Minutes55 RECOMMENDATION(S): CONSIDER adopting Ordinance No. 2016-04, an urgency interim ordinance that prohibits the cultivation of medical marijuana and the delivery of medical marijuana in the unincorporated area of the county. DIRECT staff to analyze and report to the Board on long term options in response to the Medical Marijuana Regulation and Safety Act. FISCAL IMPACT: Depending on the complexity of a potential permanent ordinance, the cost of analyzing options and preparing a permanent ordinance regarding the regulation of medical marijuana is estimated to be $20,000 to $30,000. BACKGROUND: On December 15, 2015, after being presented with an update on the Medical Marijuana Regulation and Safety Act (MMRSA), the Board of Supervisors directed staff to prepare an urgency interim ordinance prohibiting the cultivation and delivery of medical marijuana within the unincorporated area of Contra Costa County. The Board action acknowledged that adoption of an interim ordinance would provide staff the time to analyze and provide a future report to the Board on the following long-term options in response to the MMRSA: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ruben Hernandez, (925) 674-7785 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2016 Contra Costa County Subject:Adoption of Urgency Interim Ordinance Prohibiting the Cultivation and Delivery of Medical Marijuana February 2, 2016`Official Minutes 56 BACKGROUND: (CONT'D) a. Potential adoption of a permanent land use ordinance that would prohibit the cultivation and/or delivery of medical marijuana throughout the unincorporated areas of the County; or b. Potential adoption of a permanent land use ordinance to establish County requirements that would apply to any or all of the following commercial medical marijuana activities: cultivation, delivery, dispensing, manufacturing, distribution, and/or transport of medical marijuana; or c. The option of adopting no new regulations in response to the MMRSA. Ordinance No. 2016-04 is a proposed urgency interim ordinance that prohibits the cultivation of medical marijuana and the delivery of medical marijuana in the unincorporated area of the County. Under the ordinance, the cultivation of medical marijuana and the delivery of medical marijuana are prohibited uses in all zoning districts of the County. While the ordinance is in effect, no requests for applications for land-use entitlements or building permits shall be accepted or processed, and no land-use entitlements or building permits shall be approved or issued, for the cultivation of medical marijuana or the delivery of medical marijuana. Adoption of the urgency interim ordinance is recommended to protect the public safety, health and welfare, as detailed in the Findings and Purpose Section of the proposed ordinance. Adoption of the urgency interim ordinance would prohibit the establishment of medical marijuana cultivation and delivery for 45 days from the date of adoption. Prior to the expiration of the interim ordinance, the Board may extend the interim ordinance for 10 months and 15 days after a noticed public hearing, and may extend it a second time for one year after a notice and hearing. Adoption of the ordinance and any extensions requires a four-fifths vote of the Board. In addition, ten days before the ordinance expires, and before any extension expires, the County must issue a written report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance. It is anticipated that at least one extension will be required in order to provide adequate time for analysis, a report to the Board and possible preparation of a permanent ordinance regarding regulation of medical marijuana in the unincorporated area of the County. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not adopt the interim ordinance, the State would be the sole entity authorized to license the cultivation and delivery of medical marijuana in the unincorporated areas of the county CLERK'S ADDENDUM Katherine Jones, resident of Bethel Island, regulation and tax benefits; Brian Eliff, resident of Oakley; Keith Schatek, resident of Oakley; Jaime Rich, Center For Human Development; Jeremy Petkell, resident of Oakley; Jacqueline McGowan, Monterey County NORML; Patty Hoyt, San Ramon Valley Alcohol Policy Coalition. Written comments were received from Marcus Cisneros, resident of Brentwood and Vasiliki Karadais, resident of Brentwood (attached). AGENDA ATTACHMENTS Medical Marijuana Interim Ordinance December 15, 2016 Board Order MINUTES ATTACHMENTS Correspondence Received February 2, 2016`Official Minutes 57 February 2, 2016`Official Minutes 58 February 2, 2016`Official Minutes 59 February 2, 2016`Official Minutes 60 February 2, 2016`Official Minutes 61 February 2, 2016`Official Minutes 62 RECOMMENDATION(S): A. ACCEPT presentation by Jolena Voorhis, Executive Director of the Urban Counties Caucus, on the California Medical Marijuana Regulation and Safety Act (MMRSA) and the potential for an initiative to be placed on the November 2016 state-wide ballot related to recreational use of marijuana. B. DIRECT the Department of Conservation and Development, in consultation with County Counsel, to take either of the following actions with regard to medical marijuana regulation: 1. PREPARE and present to the Board an interim urgency ordinance prohibiting the cultivation and delivery of medical marijuana in unincorporated areas of Contra Costa County. Adoption of an interim ordinance by the Board would provide staff the time to analyze and provide a future report to the Board on the following long-term options in response to the MMRSA: a. Potential adoption of a permanent land use ordinance that would prohibit the cultivation and/or delivery of medical marijuana throughout the unincorporated areas of the County; or b. Potential adoption of a permanent land use ordinance to establish County requirements that would apply to any or all of the following commercial medical marijuana activities: cultivation, delivery, dispensing, manufacturing, distribution, and/or transport of medical marijuana; or c. The option of adopting no new regulations in response to the MMRSA.; OR APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/15/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Clerk's Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ruben Hernandez, 925-674-7785 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 15, 2015 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 15, 2015 Contra Costa County Subject:California Medical Marijuana Regulation and Safety Act (MMRSA) Update ARCHIVED DOCUMENT February 2, 2016`Official Minutes 63 RECOMMENDATION(S): (CONT'D) > 2. TAKE NO ACTION in response to the MMRSA. The result of taking no action would be the following: a. Beginning March 1, 2016, the State would be the sole entity authorized to license the cultivation of medical marijuana in the unincorporated areas of the County. b. Mobile deliveries of medical marijuana would be allowed in the unincorporated areas of the County. c. Medical marijuana dispensaries, which are currently prohibited under the County Ordinance Code, would continue to be prohibited in the unincorporated areas of the County. d. The manufacturing, distribution, and transport of medical marijuana would not be authorized in the unincorporated areas of the County. FISCAL IMPACT: No long term fiscal impact if the Board wishes to strengthen the ordinance and prohibit the cultivation and delivery of medical marijuana. The cost of preparing an urgency ordinance is expected to be around $5,000. The cost of preparing the ordinance depending of the complexity of the proposed permanent ordinance, it is estimated to be $20,000 to $30,000. If the Board of Supervisors decides to adopt an ordinance to license the cultivation of medical marijuana, under SB 643, the County could levy fees and taxes for the cultivation of medical marijuana, resulting in potential additional revenue source for the County General Fund. BACKGROUND: Existing State Medical Marijuana Laws and County Ordinance Ms. Jolena Voorhis, Executive Director of the Urban Counties Caucus, will be making a presentation to the Board on the California Medical Marijuana Regulation and Safety Act (MMRSA) and the potential for an initiative to be placed on the November 2016 state-wide ballot related to recreational use of marijuana. A copy of her slides is attached. The remainder of this Board order pertains only to the potential regulation of medical marijuana in the unincorporated areas of the County. It does not discuss the issue of recreational marijuana, which, as of this date, is still illegal in California. In 1996, voters approved Proposition 215, the Compassionate Use Act. The purpose of the Compassionate Use Act is to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited circumstances. The Compassionate Use Act (Health and Safety Code (HSC) § 11362.5) established a limited defense for qualified patients and their primary caregivers to the crimes of possessing or cultivating marijuana. A “qualified patient” is a person who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. (HSC § 11362.5(d).) A “primary caregiver” is the individual designated by a qualified patient who has consistently assumed responsibility for the housing, health, or safety of that qualified patient. (HSC § 11362.5(e).) A primary caregiver is authorized to possess or cultivate marijuana for the personal medical purposes of a qualified patient upon the written or oral recommendation or approval of a physician. (HSC § 11362.5(d).) In 2003, the Legislature enacted the Medical Marijuana Program. (HSC §§ 11362.7-11362.83.) The Medical Marijuana Program established regulations and procedures regarding the issuance of identification cards to patients qualified to use medical marijuana. The Medical Marijuana Program also established a defense to criminal liability for the collective or cooperative cultivation of marijuana. (HSC § 11362.775.) Medical marijuana dispensaries began opening throughout the state as medical marijuana collectives under the Compassionate Use Act and the Medical Marijuana Program. ARCHIVED DOCUMENT February 2, 2016`Official Minutes 64 In 2006, the Board of Supervisors adopted an urgency interim ordinance prohibiting the establishment of medical marijuana dispensaries in the unincorporated area of Contra Costa County. The urgency ordinance was adopted to give staff and the County’s Medical Marijuana Task Force time to study and make recommendations regarding the regulation of medical marijuana dispensaries. The interim ordinance was renewed twice in 2006 as the issue continued to be studied. In 2008, the Board of Supervisors adopted Ordinance No. 2008-05 to prohibit the establishment of medical marijuana dispensaries in the unincorporated area of Contra Costa County. The ordinance added section 82-4.292 to the Ordinance Code to define a “medical marijuana dispensary” as follows: “Medical marijuana dispensary” means any facility or location, stationary or mobile, where marijuana is made available, sold, transmitted, given, distributed to, or otherwise provided by or to a primary caregiver, qualified patient, or a person with an identification card, in accordance with the state Compassionate Use Act of 1996 (Health and Safety Code section 11362.5). A “medical marijuana dispensary” does not include the following uses, as long as their location is otherwise regulated by this code or applicable law and as long as their use complies strictly with applicable law including but not limited to Health and Safety Code section 11362.5: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. The ordinance also added section 82-2.022 to the Ordinance Code. Section 82-2.022 states: The following land uses are prohibited at all locations in all zoning districts in the County: (a) Any use that violates state or federal law. (b) Medical marijuana dispensary. Since 2008, Department of Conservation and Development staff has interpreted subsection (a) of section 82-2.022 to completely prohibit land uses associated with medical marijuana, including cultivation. Under the federal Controlled Substances Act, it is illegal to manufacture, distribute, dispense, or possess any controlled substance, including marijuana. However, in 2014 Congress barred the use of federal funds to prevent states from implementing medical marijuana laws. Section 538 of the Consolidated and Further Continuing Appropriations Act of 2015 prohibits the federal Department of Justice from expending funds in connection with the enforcement of any law that prevents California and several other states “from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” With the recent adoption of MMRSA, continued reliance on subsection (a) of section 82-2.022 to prohibit cultivation of medical marijuana may not have the same effect as it did in 2008. Medical Marijuana Regulation and Safety Act The Medical Marijuana Regulation and Safety Act (MMRSA) was approved by the Governor and filed with the Secretary of State on October 9, 2015. The MMRSA consisted of three bills: AB 243, AB 266, and SB 643. The purpose of the MMRSA is to regulate the cultivation, dispensing, manufacturing, distribution, and transportation of medical marijuana. Under the MMRSA, to conduct any of these activities, a person or business needs a license from the state. A person or business will also need a local permit to conduct any of these activities, since the MMRSA expressly allows counties and cities to regulate these activities. A county or city may establish a permitting program to allow any or all of these activities. A county or city may also prohibit the cultivation and/or deliveries of medical marijuana, and may effectively prohibit other commercial medical marijuana activities by not establishing a permitting program for those activities. ARCHIVED DOCUMENT February 2, 2016`Official Minutes 65 Cultivation (AB 243) AB 243 established a regulatory and licensing structure for indoor and outdoor cultivation sites. “Cultivation” means “any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.” (Business and Professions Code (BPC) § 19300.5(l).) AB 243 placed the California Department of Food and Agriculture in charge of licensing and regulating cultivation sites, and created a Medical Cannabis Cultivation Program within the department. AB 243 established standards for determining when persons and businesses need to obtain a State license to cultivate marijuana. AB 243 established 10 different types of cultivation licenses, which will be issued depending on the size, type, and location of medical marijuana cultivation. (BPC § 19300.7.) AB 243 also established two exemptions from the cultivation license requirement for qualified patients and primary caregivers that meet certain requirements. Qualified Patient Exemption. A qualified patient who cultivates marijuana is not required to obtain a State license if the area he or she uses to cultivate marijuana does not exceed 100 square feet and if he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. (HSC § 11362.777(g).) Primary Caregiver Exemption . A primary caregiver who cultivates marijuana is not required to obtain a State license if the area he or she uses to cultivate marijuana does not exceed 500 square feet and if he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients, and receives no remuneration other than reasonable costs and expenses. (HSC § 11362.777(g).) Commercial Medical Marijuana Activities (AB 266 and SB 643) AB 266 and SB 643 established regulations for commercial medical marijuana activities. “Commercial cannabis activity” includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product. Commercial cannabis activity does not include activity by qualified patients who only use the medical cannabis for personal medical use and by primary caregivers that do not receive remuneration other than for reasonable costs and expenses and do not provide medical cannabis to more than five qualified patients. (BPC § 19319.) State licenses are expected to be issued starting January 1, 2018. Any facility operating in compliance with local zoning ordinances and other state and local requirements may continue its operations until its application for a State license is approved or denied. (BPC § 19321(c).) Differences between commercial medical marijuana activities The MMRSA distinguishes among the delivery, dispensing, distribution, and transport of medical marijuana: Dispensing. “Dispensing” means “any activity involving the retail sale of medical cannabis or medical cannabis products from a dispensary.” (BPC § 19300.5(o).) “Dispensary” means “a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale.” (BPC § 19300.5(n).) Delivery. “Delivery” means the commercial transfer of medical cannabis or products from a dispensary to a primary caregiver or qualified patient, or a testing laboratory. (BPC § 19340 (m).) Distribution. “Distribution” means “the procurement, sale, and transport of medical cannabis and medical cannabis products” between entities that have a State license. (BPC § 19340 (p).) Transport. “Transport” means “the transfer of medical cannabis or medical cannabis products from the permitted ARCHIVED DOCUMENT February 2, 2016`Official Minutes 66 business location of one licensee to the permitted business location of another licensee,” for the purposes of conducting commercial cannabis activity. (BPC § 19340 (am).) County Regulation of Commercial Medical Marijuana Activities The MMRSA affirmed the authority of counties and cities to regulate the commercial medical marijuana activities described above through the adoption of land use ordinances. Local Regulation of Cultivation. The County may regulate or ban the cultivation of medical marijuana. If the County does not ban cultivation or establish cultivation regulations by March 1, 2016, the State will be the sole licensing authority for medical marijuana cultivation applicants in the unincorporated area of the County. (H&S 11372.777(c)(4).) Local Regulation of Mobile Deliveries. Deliveries by dispensaries are permitted with a State license unless a city or county explicitly prohibits delivery of “medical marijuana” and “medical cannabis products.” (BPC §§ 19340(a), 19340(b)(1).) However, even if a local jurisdiction prohibits deliveries within its boundaries, the jurisdiction may not take any action to prevent a person with a State license from carrying medical marijuana on public roads located in the jurisdiction. (BPC § 19340(f).) Local Regulation of Other Commercial Activities. Under the MMRSA, in order to obtain a State license for dispensing, distribution, transport, or manufacturing activities, a person must also have a local license. If there is no local license or permit, or ordinance providing for such, then a marijuana business may not obtain a State license, and may not operate a business performing commercial cannabis activity. (BPC § 19320(a).) Taxes and Fees Under AB 266, the County retains the power to assess taxes (with voter approval) and fees on facilities that are licensed to engage in commercial cannabis activity and the business activities of the licensees. (BPC § 19320 (d).) SB 643 further recognizes local authority to charge fees and to levy taxes on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing medical cannabis or medical cannabis products by a licensee. (BPC § 19348.) Options As stated in the recommendation section above, the Board may wish to consider the following options for responding to the MMRSA. Option 1. Option 1 is to prepare an interim urgency ordinance prohibiting the cultivation and delivery of medical marijuana. An urgency ordinance becomes effective immediately upon adoption. This would provide staff the time to analyze and provide a future report to the Board on the following long-term options in response to the MMRSA: a. Potential adoption of a permanent land use ordinance that would prohibit the cultivation and/or mobile delivery of medical marijuana throughout the unincorporated areas of the County. b. Potential adoption of a permanent land use ordinance to establish County requirements that would apply to any or all of the following commercial medical marijuana activities: cultivation, mobile deliveries, dispensing, manufacturing, distribution, and/or transport of medical marijuana. c. The option of adopting no new regulations in response to the MMRSA. If the Board adopts an interim ordinance, it would be effective for 45 days from the date of adoption under Government Code section 65858. To adopt an interim ordinance, the Board must make findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of permits or other entitlements would result in that threat to the public health, safety, or welfare. The Board may extend the interim ordinance for 10 months and 15 days after a noticed public hearing, and may extend it a second time for one year ARCHIVED DOCUMENT February 2, 2016`Official Minutes 67 after notice and a hearing. No more than two extensions may be adopted. Adoption of the ordinance and any extensions requires a four-fifths vote. In addition, ten days before the ordinance expires, and before any extension expires, the Board must issue a written report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance. Option 2. Option 2 is to take no action in response to the MMRSA. The result of taking no action would be the following: a. Beginning March 1, 2016, the State would be the sole entity authorized to license the cultivation of medical marijuana in the unincorporated areas of the County. b. Delivery of medical marijuana from dispensaries to patients or laboratories would be allowed in the unincorporated areas of the County. c. Medical marijuana dispensaries, which are currently prohibited under the County Ordinance Code, would continue to be prohibited in the unincorporated areas of the County. d. The manufacturing of medical marijuana products and the distribution and transport of medical marijuana would not be authorized in the unincorporated areas of the County. By not establishing a permitting program for these activities, the County would effectively be prohibiting these activities. CONSEQUENCE OF NEGATIVE ACTION: If no action is taken by the Board, the following may occur: 1) the County would forego its ability to be a licensing agent for the cultivation of medial marijuana if an ordinance providing for the licensing of marijuana cultivation is not adopted by March 1, 2016; 2) marijuana dispensaries would remain prohibited; 3). marijuana cultivation might become activities permitted and licensed by the State. CLERK'S ADDENDUM Speakers:  Patty Hoyt, San Ramon Valley Alcohol Policy Coalition; Ralph Hoffman, resident of Walnut Creek; Douglas Dunn, resident of  Antioch. Adoption of an interim ordinance by the Board would provide staff the time to analyze and provide a future report to the Board on the long-term options in response to the MMRSA.  The Board indicated a preference to begin with the most restrictive policy possible, that could be amended at a later date if desired. ACCEPTED the presentation; DIRECTED the Department of Conservation and Development, in consultation with County Counsel, to prepare and present to the Board an interim urgency ordinance prohibiting the cultivation and delivery of medical marijuana in unincorporated areas of Contra Costa County.   ATTACHMENTS MMRSA Webinar Medical Marijuana Legislation Briefing_Urban Counties Caucus Text of AB 243 Text of AB 266 Text of SB 643 ARCHIVED DOCUMENT February 2, 2016`Official Minutes 68 February 2, 2016`Official Minutes69 February 2, 2016`Official Minutes70 RECOMMENDATION(S): APPROVE the 2016 Road Surface Treatment Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, Bay Point, Alamo and Danville area [Project No. 0672-6U2154 and 0672-6U2153, DCD-CP# 15-52 (District II, V and IV)], and DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301(c) of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: 100% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Leigh Chavez, Environmental (925) 313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Finance Division, L. Mangabay, Environmental, L. Chavez, Design/Construction Division, S. Gospochikov C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE the 2016 Road Surface Treatment Project and related actions under the California Environmental Quality Act, (Districts II, IV, and V) February 2, 2016`Official Minutes 71 BACKGROUND: Contra Costa County (County) applies various road surface treatments to selected unincorporated County roadways to prevent water from seeping under the pavement, in order to extend pavement life. This CEQA is for the two following projects. The two projects consist of road surface preparation including crack sealing, pavement grinding, removal of pavement striping & markings, pavement and base failure repair, weed removal, cleaning and sweeping roadway surfaces, applying surface treatments on the selected roadways, thermoplastic striping, and site cleanup. 1) 2016 Asphalt Rubber Cape Seal, Project No. 0672-6U2154 (Bay Point area) [approximately 269,082 square yards]: The project consists of applying an asphalt rubber cape seal road surface treatment to selected roadways in the Bay Point area to extend pavement life. 2) 2016 Slurry Seal Project No. 0672-6U2153 (Alamo and Danville areas)/[approximately 28,196 square yards total]: The project consists of applying slurry seal surface treatments to selected roadways. The surface seal provides a membrane to prevent water from seeping under the pavement that can rapidly deteriorate the road. In many cases the use of a surface seal will eliminate the need to do expensive pavement patching and will add years to the life of the existing pavement. The two projects will maintain the existing drainage pattern and will not create new impervious areas. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. No tree removal will be necessary. Tree and shrubbery trimming may be necessary throughout the project areas. In order to minimize damage to trees, any roots exposed during construction activities will be clean cut. Herbicides may be sprayed to remove weeds growing on the edge of pavement. Although some of the roadways (Bay Point area) slated for surface treatment fall within the East Contra Costa County Habitat Conservation Plan (HCP) Service Area, all work will occur within existing paved roadways classified by the HCP as “urban” Land Cover Type. This Land Cover Type is not subject to HCP conditions or fees. Residential streets will be closed for approximately half a day in order to apply road surface treatments and to provide sufficient time for it to adhere to the road surface. Residents will be notified prior to any construction activities. “No Parking” signs will be posted the day before actual road surface treatment application. Emergency vehicles will have access at all times. Utility adjustments may be necessary in support of the projects. Although unlikely, real property transactions including right-of-way may be necessary in support of the projects. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS Initial Study February 2, 2016`Official Minutes 72 February 2, 2016`Official Minutes 73 February 2, 2016`Official Minutes 74 February 2, 2016`Official Minutes 75 February 2, 2016`Official Minutes 76 February 2, 2016`Official Minutes 77 February 2, 2016`Official Minutes 78 February 2, 2016`Official Minutes 79 February 2, 2016`Official Minutes 80 February 2, 2016`Official Minutes 81 February 2, 2016`Official Minutes 82 February 2, 2016`Official Minutes 83 February 2, 2016`Official Minutes 84 February 2, 2016`Official Minutes 85 February 2, 2016`Official Minutes 86 February 2, 2016`Official Minutes 87 February 2, 2016`Official Minutes 88 February 2, 2016`Official Minutes 89 February 2, 2016`Official Minutes 90 February 2, 2016`Official Minutes 91 February 2, 2016`Official Minutes 92 February 2, 2016`Official Minutes 93 February 2, 2016`Official Minutes 94 RECOMMENDATION(S): APPROVE the Bay Point Curb Ramp Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, Bay Point area [Project No. 0662-6R4031, DCD-CP# 15-53 (District V)], and DETERMINE the project is a California Environmental Quality Act (CEQA), Class 3(d) Categorical Exemption, pursuant to Article 19, Section 15303 of the CEQA Guidelines; and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk; and AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: 100% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Hillary Heard, Environmental Svcs. 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Finance Division, L. Mangabay, Environmental, L. Chavez, Design/Construction Division, S. Gospochikov C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE the Bay Point Curb Ramp Project and related actions under the California Environmental Quality Act, Bay Point area. February 2, 2016`Official Minutes 95 BACKGROUND: The purpose of this project is to improve access for people with disabilities around Rio Vista Elementary School, Shore Acres Elementary School and Riverview Middle School. The project consists of installing Americans with Disabilities Act (ADA) compliant curb ramps at multiple locations along Marina Road and Pacifica Avenue in Bay Point. The project will maintain the existing drainage pattern. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. No tree removal will be necessary. One lane will be open during construction activities. Emergency vehicles will have access at all times. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Initial Study February 2, 2016`Official Minutes 96 February 2, 2016`Official Minutes 97 February 2, 2016`Official Minutes98 February 2, 2016`Official Minutes 99 February 2, 2016`Official Minutes100 \\pw-data\grpdata\engsvc\ENVIRO\TransEng\Bay Point Curb Ramp 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: Bay Point Curb Ramp Project, Project No. 0662-6R4031 & CP#15-53 Project Applicant: Contra Costa County Public Works Department Project Location – Specific: Along Marina Road and Pacifica Avenue in Bay Point Project Location: Unincorporated Community of Bay Point Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: . The purpose of this project is to improve access for people with disabilities around Rio Vista Elementary School, Shore Acres Elementary School and Riverview Middle School. The project consists of installing Americans with Disabilities Act (ADA) compliant curb ramps at multiple locations along Marina Road and Pacifica Avenue in Bay Point. The project will maintain the existing drainage pattern. Appropriate Best Management Practices (BMPs) will be implemented to protect storm drain inlets. No tree removal will be necessary. One lane will be open 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 3(d) 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 construction of limited numbers of new, small facilities; pursuant to section 15303(d) 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 February 2, 2016`Official Minutes 101 RECOMMENDATION(S): ADOPT Resolution No. 2016/53 accepting as complete the contracted work performed by Bay Cities Paving & Grading, Inc. for the Countywide Overlay Project, as recommended by the Public Works Director, Byron and Pleasant Hill areas. Project No. 0662-6R4073-15 FISCAL IMPACT: Project was funded by 57% Local Street & Road Preservation (LSRP) Funds and 43% Local Road Funds. BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of November 20, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction - J. Dowling C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:Notice of Completion of Contract for the Countywide Overlay Project, Byron and Pleasant Hill areas. February 2, 2016`Official Minutes 102 CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. CHILDREN'S IMPACT STATEMENT: AGENDA ATTACHMENTS Resolution No. 2016/53 MINUTES ATTACHMENTS Signed: Resolution No. 2016/53 February 2, 2016`Official Minutes 103 Recorded at the request of:Public Works Department Return To:Janet Dowling, 925-313-2330 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/53 In the Matter of Accepting and Giving Notice of Completion of Contract for the Countywide Overlay Project, Byron and Pleasant Hill areas. Project No. 0662-6R4073-15 WHEREAS the Board of Supervisors RESOLVES that on July 7, 2015, the County contracted with Bay Cities Paving & Grading, Inc., for the work generally consisting of cold planning, base failure repair, cold-in-place recycle of existing pavement, hot mix asphalt overlay, adjust utility covers to grade, replacement of traffic signal loops, driveway conforms, signing, striping and pavement in the Byron and Pleasant Hill areas, with Liberty Mutual Insurance Company as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of November 20, 2015. NOW THEREFORE, BE IT RESOLVED said work is ACCEPTED as complete on said date, and the Clerk shall file with the County Recorder a copy of this resolution and Notice as a Notice of Completion for said contract. Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction - J. Dowling February 2, 2016`Official Minutes 104 February 2, 2016`Official Minutes105 RECOMMENDATION(S): ADOPT Resolution No. 2016/51 accepting an Offer of Dedication – Public Utilities Easement for subdivision SD15-09302, for a project being developed by Shapell Industries Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Offer of Dedication – Public Utilities Easement is requested from Shapell Industries Inc., by Pacific Gas and Electric Company to provide adequate access to their facilities. CONSEQUENCE OF NEGATIVE ACTION: The Offer of Dedication – Public Utilities Easement will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Current Planning - DCD, Shapell Industries Inc. c/o Toll Brothers 250 Gibraltar Road Horsham, PA 19004 , First American Title Northern California 6683 Owens Drive Pleasanton CA 94588, Engineering Services Originator: J. Hernandez, City of San Ramon - C. Low C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:ACCEPT an Offer of Dedication for a Public Utilities Easement for subdivision SD15-09302, San Ramon (Dougherty Valley) area. February 2, 2016`Official Minutes 106 AGENDA ATTACHMENTS Resolution No. 2016/51 Offer of Dedication MINUTES ATTACHMENTS Signed: Resolution No. 2016/51 February 2, 2016`Official Minutes 107 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 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/51 IN THE MATTER OF accepting an Offer of Dedication – Public Utilities Easement for subdivision SD15-09302, for a project being developed by Shapell Industries Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT: Offer of Dedication – Public Utilities Easement REFERENCE: APN: 222-750-074 GRANTOR: Shapell Industries Inc., A Delaware Corporation AREA: San Ramon (Dougherty Valley) DISTRICT: II Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Current Planning - DCD, Shapell Industries Inc. c/o Toll Brothers 250 Gibraltar Road Horsham, PA 19004 , First American Title Northern California 6683 Owens Drive Pleasanton CA 94588, Engineering Services Originator: J. Hernandez, City of San Ramon - C. Low February 2, 2016`Official Minutes 108 February 2, 2016`Official Minutes 109 February 2, 2016`Official Minutes 110 February 2, 2016`Official Minutes 111 February 2, 2016`Official Minutes112 RECOMMENDATION(S): ADOPT Resolution No. 2016/57 approving the Parcel Map and Subdivision Agreement for minor subdivision MS06-00038, for a project being developed by RL Livorna, LLC, as recommended by the Public Works Director, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS06-00038 and has determined that all conditions of approval for the Parcel Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map and the Subdivision Agreement will not be approved and recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Engineering Services Originator: K. Dahl, Dept. of Development & Conservation - Planning: J. Del Toro, Developers Surety & Indemnity, 17771 Cowan, Suite 100, Irvine, CA 92614, RL Livorna, LLC 1425 Treat Blvd. Walnut Creek, CA 94597 C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE the Parcel Map and Subdivision Agreement for minor subdivision MS06-00038, Alamo area. February 2, 2016`Official Minutes 113 AGENDA ATTACHMENTS Resolution No. 2016/57 Parcel Map, Agreement, Tax Letter, Bond MINUTES ATTACHMENTS Signed: Resolution No. 2016/57 February 2, 2016`Official Minutes 114 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 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/57 IN THE MATTER OF approving the Parcel Map and Subdivision Agreement for minor subdivision MS06-00038, for a project being developed by RL Livorna, LLC, Alamo area. (District II) WHEREAS The following documents were presented for Board approval this date: I. Map The Parcel Map of minor subdivision MS06-00038, property located in the Alamo area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A Subdivision Agreement with RL Livorna, LLC, principal, whereby said principal agrees to complete all improvements as required in said Subdivision Agreement within two (2) years from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $1,000 Auditor’s Deposit Permit No. 687005 Date: June 11, 2015 Submitted by: RL Livorna, LLC B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 704026S Date: June 26, 2015 Performance Amount: $39,900.00 Labor & Materials Amount: $20,450.00 Principal: RL Livorna, LLC III. Tax Letter February 2, 2016`Official Minutes 115 Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2015-2016 tax lien has been paid in full and the 2016-2017 tax lien, which became a lien on the first day of January, 2016, is estimated to be $21,050.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Auditor's Deposit Permit Number: DP 702383 Date: January 13, 2016 Amount: $21,050.00 Principal: RL Livorna, LLC All deposit permits are on file with the Public Works Department. NOW, THEREFORE, BE IT RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said Parcel Map is APPROVED and this Board does hereby REJECT on behalf of the public any streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Engineering Services Originator: K. Dahl, Dept. of Development & Conservation - Planning: J. Del Toro, Developers Surety & Indemnity, 17771 Cowan, Suite 100, Irvine, CA 92614, RL Livorna, LLC 1425 Treat Blvd. Walnut Creek, CA 94597 February 2, 2016`Official Minutes 116 February 2, 2016`Official Minutes 117 February 2, 2016`Official Minutes 118 February 2, 2016`Official Minutes 119 February 2, 2016`Official Minutes 120 February 2, 2016`Official Minutes 121 February 2, 2016`Official Minutes 122 February 2, 2016`Official Minutes 123 February 2, 2016`Official Minutes 124 February 2, 2016`Official Minutes 125 February 2, 2016`Official Minutes 126 February 2, 2016`Official Minutes 127 February 2, 2016`Official Minutes 128 February 2, 2016`Official Minutes129 February 2, 2016`Official Minutes130 RECOMMENDATION(S): ADOPT Resolution No. 2016/52 approving the Parcel Map for minor subdivision MS11-00006, for a project being developed by Albert R Rubey, Trustee of the Albert R. Rubey Trust, as recommended by the Public Works Director, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS11-00006, and has determined that all conditions of approval for the Parcel Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Albert Rubey, 3189 Danville Boulevard #295, Alamo, CA 94507, Bryant C. Silliman Architect, 9022 Woodland Drive, Tahoma, CA 96142, Chicago Title Company, 6210 Stoneridge Mall Road, Suite 230F, Pton, CA 94588, Engineering Services Originator: J. Hernandez, Current Planning - DCD C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE the Parcel Map for minor subdivision MS11-00006, Alamo area. February 2, 2016`Official Minutes 131 AGENDA ATTACHMENTS Resolution No. 2016/52 Parcel Map MINUTES ATTACHMENTS Signed: Resolution No. 2016/52 February 2, 2016`Official Minutes 132 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 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/52 IN THE MATTER OF approving the Parcel Map for minor subdivision MS11-00006, for a project being developed by Albert R Rubey, Trustee of the Albert R. Rubey Trust, as recommended by the Public Works Director, Clayton area. (District II) WHEREAS, the following document was presented for Board approval this date: The parcel map of minor subdivision MS11-00006, a property located in the Alamo area, Supervisorial District II, said map having been certified by the proper officials. Said document was accompanied by: 1. Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2015-2016 tax lien has been paid in full and that the 2016-2017 tax lien, which became a lien on the first day of January 2016, is estimated to be $72,330.00. 2. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code, in the form of a cash deposit, (Auditor's Deposit Permit No. DP701867, dated January 7, 2016 ) made by Albert Rubey in the amount: $72,330.00, guaranteeing the payment of the estimated tax. NOW, THEREFORE, BE IT RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does hereby reject on behalf of the public any streets, paths, or easements shown thereon as dedicated to public use. 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors February 2, 2016`Official Minutes 133 By: Stacey M. Boyd, Deputy cc: Albert Rubey, 3189 Danville Boulevard #295, Alamo, CA 94507, Bryant C. Silliman Architect, 9022 Woodland Drive, Tahoma, CA 96142, Chicago Title Company, 6210 Stoneridge Mall Road, Suite 230F, Pton, CA 94588, Engineering Services Originator: J. Hernandez, Current Planning - DCD February 2, 2016`Official Minutes 134 February 2, 2016`Official Minutes 135 February 2, 2016`Official Minutes 136 February 2, 2016`Official Minutes 137 February 2, 2016`Official Minutes 138 February 2, 2016`Official Minutes139 RECOMMENDATION(S): ADOPT Resolution No. 2016/50 approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS06-00038, for a project being developed by RL Livorna, LLC, as recommended by the Public Works Director, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval No. 48. CONSEQUENCE OF NEGATIVE ACTION: The agreement will not be recorded and Contra Costa County may not be in full compliance with its National Pollutant Discharge Elimination System (NPDES) permit and Stormwater Management Discharge Control Ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RL Livorna, LLC 1425 Treat Blvd. Walnut Creek, CA 94597, Developers Surety & Indemnity, 17771 Cowan, Suite 100, Irvine, CA 92614, Engineering Services Originator: J. Hernandez C. 9 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS06-00038, Alamo area. February 2, 2016`Official Minutes 140 AGENDA ATTACHMENTS Resolution No. 2016/50 O & M Agreement MINUTES ATTACHMENTS Signed: Resolution No. 2016/50 February 2, 2016`Official Minutes 141 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 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/50 IN THE MATTER OF approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS06-00038 (APN 187-180-018), Alamo area. (District II) WHEREAS, the Public Works Director has recommended that she be authorized to execute the Stormwater Management Facilities Operation and Agreement with RL Livorna, LLC, as required by the Conditions of Approval for minor subdivision MS06-00038. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for minor subdivision MS06-00038, which is located at 1210 Livorna Road in the Alamo area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RL Livorna, LLC 1425 Treat Blvd. Walnut Creek, CA 94597, Developers Surety & Indemnity, 17771 Cowan, Suite 100, Irvine, CA 92614, Engineering Services Originator: J. Hernandez February 2, 2016`Official Minutes 142 February 2, 2016`Official Minutes 143 February 2, 2016`Official Minutes 144 February 2, 2016`Official Minutes 145 February 2, 2016`Official Minutes 146 February 2, 2016`Official Minutes 147 February 2, 2016`Official Minutes 148 February 2, 2016`Official Minutes 149 February 2, 2016`Official Minutes 150 February 2, 2016`Official Minutes 151 February 2, 2016`Official Minutes 152 February 2, 2016`Official Minutes153 RECOMMENDATION(S): ADOPT Resolution No. 2016/47 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD14-09376, for a project being developed by MOMO Development 2013, LLC, as recommended by the Public Works Director, Walnut Creek area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval No. 50. CONSEQUENCE OF NEGATIVE ACTION: The agreement will not be recorded and Contra Costa County may not be in full compliance with its National Pollutant Discharge Elimination System (NPDES) permit and Stormwater Management Discharge Control Ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Engineering Services Originator: K. Schuh-Garibay, Flood Control District, C. Sellgren, Dept. of Development & Conservation - Planning-R. Hernandez, Branagh Development, Bob Pickett C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD14-09376, Walnut Creek area. February 2, 2016`Official Minutes 154 AGENDA ATTACHMENTS Resolution No. 2016/47 Operation & Maintenance Agreement MINUTES ATTACHMENTS Signed: Resolution No. 2016/47 February 2, 2016`Official Minutes 155 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 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/47 IN THE MATTER OF approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD14-09376 (APNs 184-311-004 and 184-311-024), Walnut Creek area. (District II) WHEREAS the Public Works Director has recommended that she be authorized to execute the Stormwater Management Facilities Operation and Agreement with MOMO Development 2013, LLC, as required by the Conditions of Approval for subdivision SD14-09376. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for subdivision SD14-09376, which is located at 1640 and 1660 Tice Valley Boulevard in the Walnut Creek area. 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Engineering Services Originator: K. Schuh-Garibay, Flood Control District, C. Sellgren, Dept. of Development & Conservation - Planning-R. Hernandez, Branagh Development, Bob Pickett February 2, 2016`Official Minutes 156 February 2, 2016`Official Minutes 157 February 2, 2016`Official Minutes 158 February 2, 2016`Official Minutes 159 February 2, 2016`Official Minutes 160 February 2, 2016`Official Minutes 161 February 2, 2016`Official Minutes 162 February 2, 2016`Official Minutes 163 February 2, 2016`Official Minutes 164 February 2, 2016`Official Minutes 165 February 2, 2016`Official Minutes 166 February 2, 2016`Official Minutes167 RECOMMENDATION(S): ADOPT Resolution No. 2016/49 to replace and supersede Resolution No. 2015/436 for road acceptance RA06-01208, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The number of the agreement extension for the Road Improvement Agreement was noted incorrectly in Resolution No. 2015/436 of December 8, 2015. The correct Road Improvement Agreement Extension number is needed to match the executed Road Improvement Agreement. CONSEQUENCE OF NEGATIVE ACTION: The Road Improvement Agreement extension number will not be the same as the executed agreement and may cause confusion. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:Replace and supersede Resolution No. 2015/436 for the Road Improvement Agreement for road acceptance RA06-01208, San Ramon (Dougherty Valley) area. February 2, 2016`Official Minutes 168 AGENDA ATTACHMENTS Resolution No. 2016/49 MINUTES ATTACHMENTS Signed: Resolution No. 2016/49 February 2, 2016`Official Minutes 169 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 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/49 IN THE MATTER OF correcting an error on Resolution No. 2015/436 for road acceptance RA06-01208, for a project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS the Public Works Director has notified this Board that certain information on the following Board Resolution was incorrect. NOW, THEREFORE, BE IT RESOLVED that, on the recommendation of the Public Works Director, the following resolution is hereby CORRECTED: Road acceptance RA06-01208 (Resolution No. 2015/436): EXTENSION NUMBER AS ACCEPTED: “third extension” EXTENSION NUMBER AS CORRECTED: “fourth extension” 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: February 2, 2016`Official Minutes 170 February 2, 2016`Official Minutes171 RECOMMENDATION(S): 1. ADOPT Resolution No. 2016/9, adopting the Contra Costa County Flood Control and Water Conservation District (FC District) Labor Compliance Program (LCP). 2. FIND that the FC District has established its own LCP in accordance with the requirements of Labor Code section 1771.5, subdivision (b), and sections 16421-16439 (subchapter 4 of chapter 8 of division 1) of title 8 of the California Code of Regulations. 3. RECEIVE and APPROVE the FC District’s LCP Manual, attached hereto. 4. APPROVE and AUTHORIZE the Chief Engineer, FC District, or designee, to execute and submit an application to the Director of the California Department of Industrial Relations for approval of the FC District’s LCP. FISCAL IMPACT: 100% Flood Control District Zone 7 Funds APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner, (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: S. Kowalewski, Deputy Chief Engineer, M. Carlson, Flood Control, P. Detjens, Flood Control, C. Roner, Flood Control, C. Windham, Flood Control C. 15 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:Adoption of the Contra Costa County Flood Control and Water Conservation District Labor Compliance Program, North Richmond area. Project #7505-6F8740 February 2, 2016`Official Minutes 172 BACKGROUND: In April 2007, the Federal Emergency Management Agency (FEMA) notified the FC District of its effort to produce a countywide Flood Insurance Study and Digital Flood Insurance Rate Map. In that notification, FEMA advised that the San Pablo Creek levee and Wildcat Creek levee, both located in the North Richmond area, would need to meet federal regulatory criteria pertaining to the design, operation, and maintenance of the levees in order to retain their accredited status. When a levee system is accredited by FEMA, the area behind that levee is shown on a Flood Insurance Rate Map as being in a moderate risk area. The purchase of flood insurance is not mandatory in such areas. In contrast, the area behind a levee that is not accredited by FEMA is mapped as a Special Flood Hazard Area. Federal agency lenders will not make loans secured by improved real property or mobile homes in such areas unless the structures are covered by flood insurance. In response, the FC District entered into agreements with FEMA, providing the levees with provisionally accredited status for 24 months as FC District staff worked to acquire funding to repair the levees. The FC District was unable, however, to obtain that funding and complete the repairs before expiration of the levees’ provisionally accredited status in 2009. In turn, FEMA began the process of remapping the area. However, the maps have not yet been finalized. FEMA instead has released an interim map, which notes the levees’ noncompliance with federal regulatory requirements but does not designate the areas behind the levees as being in Special Flood Hazard Areas. Only after repairs are completed will the FC District be in a position to provide FEMA with the documents and data it needs in order to accredit the levees, including certification that the levees comply with structural requirements and certified as-built plans. In December 2011, the FC District applied for a Local Levee Critical Repair Grant from the California Department of Water Resources (DWR) under its Local Levee Assistance Program, which assists local public agencies with the evaluation and repair of levees. The grant was conditionally awarded in 2013. Under the FC District’s grant agreement with DWR, up to $1,515,000 will be made available to the FC District to pay for the bulk of the total project cost of $1,684,198. Funding will be used for permitting, design, and construction of repairs to the two levees. Public Resources Code section 75075 requires the body awarding any contract for a public works project financed in any part from funds made available under the Act to either adopt and enforce a labor compliance program or contract with a third party to do so, under Labor Code section 1771.5, subdivision (b). The FC District must also demonstrate that it has a labor compliance program in place as a condition of disbursement of monies under the grant agreement with DWR. This condition has resulted in delay in commencing repairs to the levees. A labor compliance program consists of the enforcement of labor compliance standards required by state and federal laws, regulations and directives, as well as policies and contract provisions, which include, but are not limited to, the following: 1. Contractors’ payment of applicable general prevailing wage rates. 2. Contractors’ employment of properly registered apprentices. 3. Contractors’ provision of certified payroll records to the FC District. 4. FC District’s monitoring of its construction sites for the verification of proper payments of prevailing wage rates and work classification. 5. FC District’s presentation at preconstruction conferences with contractors and subcontractors. 6. FC District’s withholding of contract payments and imposition of penalties for noncompliance. 7. FC District’s preparation and submittal of annual reports. The FC District’s proposed labor compliance program is outlined in the attached LCP Manual. The FC District intends to utilize this LCP for contracts awarded under the Wildcat and San Pablo Creeks Levee Remediation Project as well as other pending FC District projects for which grants are received under the Act. CONSEQUENCE OF NEGATIVE ACTION: If the Board Order and Resolution are not approved and adopted, the FC District will not receive funding under the grant agreement for construction of the Wildcat and San Pablo Creek’s Levee Remediation Project. February 2, 2016`Official Minutes 173 AGENDA ATTACHMENTS Resolution No. 2015/454 LCP Manual MINUTES ATTACHMENTS Signed: Resolution No. 2015/9 February 2, 2016`Official Minutes 174 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/08/2015 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2015/454 In The Matter Of: Adopting the Contra Costa County Flood Control and Water Conservation District’s Labor Compliance Program. WHEREAS, on November 7, 2006, California voters passed Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (the “Act”) (Pub. Resources Code, § 75001 et seq.), which authorized the State of California to sell bonds for the purpose of raising $5.4 billion to fund flood control and other projects; and WHEREAS, the Contra Costa County Flood Control and Water Conservation District (FC District) applied for and received a grant from the California Department of Water Resources to fund a portion of the Wildcat and San Pablo Creeks Levee Remediation Project; and WHEREAS, Public Resources Code section 75075 requires the body awarding any contract for a public works project financed in any part from funds made available under the Act to either adopt and enforce a labor compliance program or contract with a third party to enforce a labor compliance program, in accordance with Labor Code section 1771.5, subdivision (b); and WHEREAS, the purpose of a labor compliance program is to enforce compliance by public works construction contractors with prevailing wage and other applicable labor laws; and WHEREAS, the FC District labor compliance program will apply only to contracts awarded by the FC District for public works projects financed in whole or in part from funds that it obtains from the State of California under the Act, including the Wildcat and San Pablo Creeks Levee Remediation Project; NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Contra Costa County, acting as the Board of Directors of the FC District, hereby adopts the FC District’s labor compliance program. Contact: Carl Roner, (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 8, 2015 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: S. Kowalewski, Deputy Chief Engineer, M. Carlson, Flood Control, P. Detjens, Flood Control, C. Roner, Flood Control, C. Windham, Flood Control February 2, 2016`Official Minutes 175 Labor Compliance Program Manual Approved and Adopted by the Governing Board of the Contra Costa County Flood Control & Water Conservation District: __________________ Approved by the Director of Industrial Relations: __________________ Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 176 ii February 2, 2016`Official Minutes 177 iii LABOR COMPLIANCE PROGRAM MANUAL TABLE OF CONTENTS Preface ........................................................................................................................ iv I. Legal Requirements ...............................................................................................1 II. Implementation Plan ............................................................................................ 30 III. Operational Manual .............................................................................................. 32 IV. Procedures ........................................................................................................... 35 V. Forms .................................................................................................................... 37 Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 178 iv LABOR COMPLIANCE PROGRAM MANUAL PREFACE The Contra Costa County Flood Control & Water Conservation District (the “District”) has instituted this Labor Compliance Program for the purpose of implementing labor compliance requirements that pertain to specified public works projects. This program is applicable to all District public works projects that are funded in whole or in part under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Pub. Resources Code, § 75001 et seq.), commonly known as Proposition 84. Section 1770 et seq. of the California Labor Code (“Labor Code” hereafter) requires contractors on state-funded public works projects to pay their workers based on the prevailing wage rates established and issued by the California Department of Industrial Relations (“DIR”), Division of Labor Statistics and Research (“DLSR”). Labor Code section 1771.5 requires an awarding body to identify prevailing wage requirements in bid invitations, contract language and at pre-construction conferences, to review payroll records to verify compliance with the Labor Code, and to withhold contract payments when payroll records are delinquent or inadequate or when underpayments have occurred. Labor Code section 1776 requires contractors to keep accurate payroll records of trades workers on public works projects and to submit copies of certified payroll records upon request. Labor Code section 1777.5 requires contractors to employ registered apprentices on public works projects. The District’s Labor Compliance Program (“LCP” or “Program”) contains labor compliance standards required by state and federal laws, regulations and directives, as well as policies and contract provisions, which include, but are not limited to, the following: 1. Contractors’ payment of applicable general prevailing wage rates. 2. Contractors’ employment of properly registered apprentices. 3. Contractors’ provision of certified payroll records upon request, but not less than weekly. 4. Program’s monitoring of District construction sites for the verification of proper payments of prevailing wage rates and work classification. 5. Program’s presentation at pre-construction conferences with contractors and subcontractors. 6. Program’s withholding of contract payments and imposition of penalties for noncompliance. 7. Program’s preparation and submittal of annual reports. A Labor Compliance Officer (“LCO”) will represent the District in enforcement of this LCP. Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 179 1 LABOR COMPLIANCE PROGRAM MANUAL SECTION I LEGAL REQUIREMENTS Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 180 2 LABOR COMPLIANCE PROGRAM MANUAL SECTION I. LEGAL REQUIREMENTS Table of Contents Page INTRODUCTION........................................................................................................................ 4 I. GOVERNING LAWS ...................................................................................................... 6 II. PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS ............................. 6 A. Types of Contracts to Which the LCP Applies ...................................................... 6 B. Applicable Dates for Enforcement of the LCP ...................................................... 6 III. COMPETITIVE BIDDING ON DISTRICT PUBLIC WORKS CONTRACTS ...... 7 IV. PRE-JOB CONFERENCE ............................................................................................. 7 V. PREVAILING WAGE RECORDS AND PAYMENT REQUIREMENTS ............... 9 A. Payroll Records ...................................................................................................... 9 B. Payment to Employees ......................................................................................... 11 VI. APPRENTICES ............................................................................................................. 11 VII. PAYROLL RECORDS REVIEWS, INSPECTIONS AND AUDITS ....................... 12 A. Certified Payroll Records Review ....................................................................... 12 B. Confirmation of Certified Payroll Records .......................................................... 12 C. On-Site Visits ....................................................................................................... 13 D. Audits of Certified Payroll Records ..................................................................... 13 E. Notification of Opportunity to Resolve Wage Deficiency .................................. 14 VIII. REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER ......................................................................................................... 15 A. Debarment Policy................................................................................................. 15 B. Report of Willful Violation .................................................................................. 15 Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 181 3 IX. ENFORCEMENT ACTIONS ....................................................................................... 16 A. General Duty ........................................................................................................ 16 B. Investigation of Complaints ................................................................................. 17 C. Enforcement of Apprenticeship Standards .......................................................... 17 D. Written Summary ................................................................................................. 18 E. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate ............................................................................................................ 18 F. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment or Other Violation Has Occurred ........................................ 20 G. Forfeitures Requiring Approval by the Labor Commissioner ............................. 21 H. Provisions Relating to Penalties........................................................................... 21 I. Determination of Amount of Forfeiture by the Labor Commissioner ................. 22 J. Notice of Withholding of Contract Payment ....................................................... 24 X. DAMAGES, DEPOSITS, & DISTRIBUTIONS ......................................................... 25 A. Liquidated Damages ............................................................................................ 25 B. Deposits of Penalties and Forfeitures Withheld................................................... 26 C. Distribution of Forfeited Sums ............................................................................ 26 XI. REVIEW OF ENFORCEMENT ACTIONS .............................................................. 27 A. Settlement Meetings............................................................................................. 27 B. Request for Review of LCP Enforcement Actions .............................................. 27 C. Review of Withholding of Contract Payments .................................................... 28 XII. STATEMENTS OF ECONOMIC INTEREST........................................................... 30 XIII. ANNUAL REPORTS..................................................................................................... 30 EXHIBITS A. Checklist of Labor Law Requirements B. Audit Record Forms C. Suggested Single Project Labor Compliance Review and Enforcement Report Forms D. Notice of Temporary Withholding of Contract Payments Due To Delinquent or Inadequate Payroll Records (8 CCR § 16435) E. Request for Approval of Forfeiture F. Notice of Withholding of Contract Payments G. Notice of Transmittal H. Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) I. Prevailing Wage Hearing Regulations (Cal. Code Regs., tit. 8, §§ 17201-17270) J. Labor Compliance Program Annual Report (Form LCP-AR1) February 2, 2016`Official Minutes 182 4 INTRODUCTION This LCP is applicable to all District public works projects that are funded in whole or in part under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Pub. Resources Code, § 75001 et seq.), commonly known as Proposition 84. This LCP contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as policies and contract provisions. All projects to which this LCP applies will be so noted in all bid and contract documents. In addition, any request for proposals, advertisement for bids or construction contract will contain language appropriate to the requirements of prevailing wage law as contained in Labor Code sections 1771, 1775, 1777.4, 1813 and 1815. In establishing this LCP, the District adheres to the requirements enunciated in section 1771.5, subdivision (b), of the Labor Code, which provides as follows: 1. All bid invitations and public works contracts and purchase orders shall contain appropriate language concerning the requirements of Labor Code sections 1720-1861 (Chapter 1 of Part 7 of Division 2 of the Labor Code) (hereinafter the “Public Works Chapter of the Labor Code”). 2. A pre-job conference shall be conducted with the contractor and subcontractor to discuss federal and state labor law requirements applicable to the contract. 3. Project contractors and subcontractors shall maintain and furnish, at a designated time, a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury. 4. The awarding body (i.e., the District) shall review, and, if appropriate, audit payroll records to verify compliance with the Public Works Chapter of the Labor Code. 5. The awarding body shall withhold contract payments when payroll records are delinquent or inadequate. 6. The awarding body shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred. 7. The awarding body shall comply with any other prevailing wage monitoring and enforcement activities that are required to be conducted by labor compliance programs by the DIR February 2, 2016`Official Minutes 183 5 Should applicable sections of the Labor Code or title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the District will modify any affected portions of this program accordingly. February 2, 2016`Official Minutes 184 6 I. GOVERNING LAWS Labor Code section 1771.7 identifies certain public works projects that require an awarding body (a department, board, authority, officer or agent that awards a contract for public work) to adopt and enforce, or contract with a third party to adopt and enforce, an LCP as a condition of project authorization, project funding, or use of specified contracting authority. Statutes and regulations governing LCPs include: California Labor Code (§§ 1720-1743, § 1750, §§ 1770-1781, §§ 1810-1815, §§ 1860-1861) California Code of Regulations, title 8, division 1, chapter 8 • Subchapter 3: Payment of Prevailing Wages upon Public Works (sections 16000-16404) • Subchapter 4: Awarding Body Labor Compliance Programs (sections 16421-16802) • Subchapter 6: Prevailing Wage Hearings (sections 17201-17270) II. PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS State prevailing wage rates apply to all public works contracts as set forth in Labor Code section 1720 et seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair, or maintenance work. The DLSR predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. A. Types of Contracts to Which the LCP Applies As provided in California Public Resources Code section 75075, the body awarding any contract for a public works project that is financed in any part from funds made available under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (the “Act”) shall adopt and enforce, or contract with a third party to enforce, an LCP pursuant to Labor Code section 1771.5, subdivision (b), for application to that public works project. Accordingly, upon approval by the DIR Director (“Director”), this LCP shall apply to contracts awarded by the District for public works using funds derived from the Act. B. Applicable Dates for Enforcement of the LCP The applicable dates for enforcement of awarding body labor compliance programs are established by the California Code of Regulations, title 8, section 16422. Contracts are not subject to the jurisdiction of the LCP until after the Director’s approval of the LCP. February 2, 2016`Official Minutes 185 7 III. COMPETITIVE BIDDING ON DISTRICT PUBLIC WORKS CONTRACTS The District publicly advertises upcoming public works projects that will be awarded according to a competitive bidding process. All District bid advertisements (or bid invitations), design- build requests, and public works contracts and purchase orders shall contain appropriate language concerning the requirements of the Public Works Chapter of the Labor Code. Notice of the approval of the District’s LCP will be given in the call for bids and in the contract or purchase order, and will also be posted at the job site. The notice shall contain, at a minimum, the effective date of the Director’s approval, a statement whether the limited exemption from prevailing wages pursuant to Labor Code section 1771.5, subdivision (a), applies to contracts under the jurisdiction of the LCP, a telephone number to call for inquiries, questions or assistance with regard to the LCP, and the name of the agent or office administering the LCP. IV. PRE-JOB CONFERENCE After the District awards the public works contract, and prior to the commencement of the work, a mandatory Pre-Job Conference (Kick-Off Meeting or Job Start Meeting) shall be conducted by the Labor Compliance Officer (LCO) with the contractor and those subcontractors listed in the contract bid documents. At that meeting, the LCO will discuss federal and state labor law requirements applicable to the contract, including prevailing wage requirements, respective record-keeping responsibilities, the requirement for the submittal of certified payroll records to the District and the prohibition against discrimination in employment. The LCO will provide the contractor and each subcontractor with a Checklist of Labor Law Requirements (a copy of which is attached as Exhibit A) and will discuss in detail the following checklist items: 1. The contractor’s duty to pay prevailing wages. (Lab. Code, § 1770, et seq.) 2. The contractor’s duty to employ registered apprentices on public works projects. (Lab. Code, § 1777.5.) 3. The penalties for failure to pay prevailing wages or to employ apprentices, including forfeitures and debarment. (Lab. Code, §§ 1775, 1776, 1777.1, 1777.7 and 1813.) 4. The requirement to keep certified payroll records and to submit copies to the District within 10 days of request by the District, as required by Labor Code section 1776, and penalties for failure to do so under Labor Code section 1776, subdivision (h). This requirement includes and applies to all subcontractors performing work on District projects even if their portion of the work is less than one half of one percent of the total amount of the contract. February 2, 2016`Official Minutes 186 8 5. The prohibition against employment discrimination under the Labor Code (see §§ 1735 and 1777.6) and applicable provisions of the California Government Code; the California Public Contracts Code; and Title VII of the Civil Rights Act of 1964. 6. The prohibition against accepting or extracting kickback from employee wages. (Lab. Code, § 1778.) 7. The prohibition against accepting fees for registering any person for public works (Lab. Code, § 1779) or placing work orders where the filling of those orders involves the charging of fees. (Lab. Code, § 1780.) 8. The requirement to list all subcontractors. (Pub. Contracts Code, § 4104.) 9. The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed. (Lab. Code, §§ 1021 and 1021.5; Cal. Bus. & Prof. Code, § 7000 et seq.) 10. The prohibition against unfair competition. (Bus. & Prof. Code, §§ 17200-17208.) 11. The requirement that contractors and subcontractors be properly insured for workers compensation. (Lab. Code, § 1861.) 12. The requirement that the contractor abide by occupational safety and health laws and regulations that apply to the particular construction project. 13. The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility/citizenship from all workers. 14. The requirement to provide itemized wage statements to employees. (Lab. Code, § 226.) The contractors and subcontractors present at the meeting will be given the opportunity to ask questions of the LCO relative to the items contained in the Checklist of Labor Law Requirements. The checklist will then be signed by the contractor’s representative, a representative of each subcontractor and the LCO. At the Pre-Job Conference, the LCO will provide the contractor with a copy of the District’s LCP package, which will include: the Checklist of Labor Law Requirements, applicable Prevailing Wage Rate Determinations and/or website link to DIR for prevailing Wage Determinations, blank certified payroll record forms, fringe benefit statements, and State apprenticeship requirements,. It will be the contractor’s responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors, if and when such substituted contractors are approved by the District. February 2, 2016`Official Minutes 187 9 V. PREVAILING WAGE RECORDS AND PAYMENT REQUIREMENTS A. Payroll Records 1. Maintenance of Records a. Payrolls, Basic Payroll Records. The contractor and each subcontractor shall maintain payrolls and basic payroll records (including timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, superintendent and foreman daily logs, etc.) during the course of the work and shall preserve them for a period of three (3) years thereafter for all trades workers working on District projects subject to the LCP. Such records shall include the name, address and social security number of each worker, his or her classification, a general description of the work each employee performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, and actual wages paid. b. Certified Weekly Payroll Records. The contractor and each subcontractor shall maintain weekly certified payroll records. Use of the current version of DIR’s “Public Works Payroll Reporting Form” (A-1-131) and Statement of Employer Payments (PW 26) will constitute presumptive compliance with this requirement, provided the forms are filled out accurately and completely. 2. Submittal of Payroll Records a. Basic Payroll Records. Time cards, front and back copies of cancelled checks, daily logs, employee sign-in sheets and/or any other record maintained for the purposes of reporting payroll may be requested by the LCO at any time and shall be submitted within 10 days following the receipt of the request. b. Certified Payroll Records. The contractor and each subcontractor shall maintain weekly certified payroll records for submittal to the LCO within 10 days of any request by the District. The contractor shall be responsible for the submittal of payroll records for all of its subcontractors. All certified payroll records shall be accompanied by a statement of compliance signed by the contractor or subcontractor under penalty of perjury, indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Director, and that the classifications set forth for each employee conform with the work performed. 3. Use of Electronic Reporting Forms. The certified payroll records required by Labor Code section 1776 may be maintained and submitted electronically subject to all of the following conditions: a. The reports must contain all of the information required by Labor Code section 1776, with the information organized in a manner that is similar or identical to how the information is reported on Form A-1-131; February 2, 2016`Official Minutes 188 10 b. The reports shall be in a format and use software that is readily accessible and available to contractors, awarding bodies, LCPs and the DIR; c. Reports submitted to this LCP must be either (1) in the form of a non-modifiable image or record that bears an electronic signature or includes a copy of any original certification made on paper, or alternatively (2) printed out and submitted on paper with an original signature; d. The requirements for redacting certain information shall be followed when certified payroll records are disclosed to the public under Labor Code section 1776, subdivision (e), whether the records are provided electronically or as hard copies; and e. No contractor or subcontractor shall be mandated to submit or receive electronic reports when it otherwise lacks the resources or capacity to do so, nor shall any contractor or subcontractor be required to purchase or use proprietary software that is not generally available to the public. 4. Review of Subcontractor Certified Payroll Records. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by subcontractors to their employees by periodic review of the subcontractors’ certified payroll records. 5. Full Accountability Each individual, laborer or craftsperson working on a public works contract must appear on the payroll. The employer who pays the trades worker must report that individual on its payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner-operators are to be reported by the contractor employing them. Rental equipment operators are to be reported by the rental company paying the workers’ wages. Sole owners and partners who work on a contract must also submit a certified payroll record listing the days and hours worked, and the trade classification descriptive of the work actually done. The contractor shall make the records required to be maintained under this section available for inspection by any authorized representative of the District and the DIR at all reasonable hours at the principal office of the contractor. 6. Responsibility for Subcontractors. The contractor shall be responsible for ensuring adherence to labor standards provisions by its subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its subcontractors in accordance with Labor Code section 1775. February 2, 2016`Official Minutes 189 11 B. Payment to Employees Employees must be paid unconditionally, and at least once each week, the full amounts that are due and payable for the period covered by the particular payday. Thus, an employer must establish a fixed workweek (Sunday through Saturday, for example) and an established payday (such as every Friday or the preceding day should such payday fall on a holiday). On every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. If an individual is called a subcontractor, whereas, in fact, he or she is merely a journey level mechanic supplying only his or her labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a trades worker. Moreover, any person who does not hold a valid contractor’s license cannot be a subcontractor, and anyone hired by that person is the worker or employee of the general contractor for purposes of prevailing wage requirements, certified payroll reporting and workers’ compensation laws. A worker’s rate for straight time hours must equal or exceed the rate specified in the contract by reference to the “Prevailing Wage Determinations” for the class of work actually performed. Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid the prevailing rate established for those days regardless of the fixed workweek. The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be paid pursuant to the Prevailing Wage determination. VI. APPRENTICES Apprentices shall be permitted to work as such only when they are individually registered under a bona fide apprenticeship program registered and approved by the State Division of Apprenticeship Standards. The allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the Department of Industrial Relations for the classification of the work he or she actually performed. Pre-apprentice trainees, trainees in non-apprenticeable crafts, and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. Compliance with Labor Code section 1777.5 requires all public works contractors and subcontractors to: 1. Submit contract award information to the apprenticeship program for each apprenticeable craft or trade in the area of the project; February 2, 2016`Official Minutes 190 12 2. Request dispatch of apprentices from the applicable apprenticeship program(s) and employ apprentices on public works projects in a ratio to journeypersons which in no case shall be less than one (1) hour of apprentice work to each five (5) hours of journeyperson work; and 3. Contribute to the applicable apprenticeship program(s) or the California Apprenticeship Council in the amount identified in the prevailing wage rate publication for journeypersons and apprentices. If payments are not made to an apprenticeship program, they shall be made to the California Apprenticeship Council, Post Office Box 511283, Los Angeles, CA 90051-7838. If the contractor or subcontractor is registered to train apprentices, it shall furnish written evidence of the registration (i.e., Apprenticeship Agreement or Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the wage rates required to be paid thereunder for the area of construction, prior to using any apprentices in the contract work. It should be noted that a prior approval for a separate project does not confirm approval to train on any project. The contractor or subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. VII. PAYROLL RECORDS REVIEWS, INSPECTIONS AND AUDITS A. Certified Payroll Records Review 1. Requirement. Payroll records furnished by contractors and subcontractors in accordance with the California Code of Regulations, title 8, sections 16401 and 16421, subdivision (a)(3), shall be reviewed by the LCP as promptly as practicable after receipt thereof, but in no event more than 30 days after receipt. 2. Definition. “Review” for this purpose means inspection of the records furnished to determine if (1) all appropriate data elements identified in Labor Code section 1776, subdivision (a), have been reported; (2) certification forms have been completed and signed in compliance with Labor Code section 1776, subdivision (b); and (3) the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described below. B. Confirmation of Certified Payroll Records 1. Requirement. For each month in which a contractor or subcontractor reports having workers employed on the public work, the LCP will randomly undertake the confirmation of furnished payroll records for at least one worker for at least one weekly period within that month. The LCP will also undertake a confirmation whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the LCP that payroll records furnished by a contractor or subcontractor are inaccurate. February 2, 2016`Official Minutes 191 13 2. Definition. “Confirmation” of payroll records furnished by contractors and subcontractors means an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third party recipients of "Employer Payments" (as defined at section 16000 of title 8 of the California Code of Regulations), or any other reasonable method of corroboration. C. On-Site Visits 1. Requirement. Representatives of the LCP shall conduct in-person inspections at the site or sites at which the contract for public work is being performed (“On-Site Visits”). On- Site Visits may be undertaken randomly or as deemed necessary by the LCP, but shall be undertaken during each week that workers are present at sites at which the contract for public work is being performed. 2. Minimum Standards. All On-Site Visits shall include visual inspection of (1) the copy of the determination(s) of the Director of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code section 1773.2, and (2) the Notice of Labor Compliance Program Approval required to be posted at the job site in accordance with section 16429 of title 8 of the California Code of Regulations, listing a telephone number to call for inquiries, questions, or assistance with regard to the LCP. 3. Other. On-Site Visits may include other activities deemed necessary by the LCP to independently corroborate prevailing wage payments reported on payroll records furnished by contractors and subcontractors. The contractor shall permit representatives of the LCP and the Department of Industrial Relations to interview tradesworkers during working hours on the project site. D. Audits of Certified Payroll Records 1. Requirement. An audit, as defined below, shall be prepared by the LCP whenever the LCP has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An audit may also be prepared at the request of the Labor Commissioner. 2. Definition. An “audit” for this purpose is a written summary reflecting prevailing wage deficiencies for each underpaid worker, and including any penalties to be assessed under Labor Code sections 1775 and 1813, as determined by the LCP after consideration of the best information available as to actual hours worked, amounts paid, and classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, February 2, 2016`Official Minutes 192 14 and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. 3. Audit Standards. An audit will contain sufficient details to enable the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437 of title 8 of the California Code of Regulations, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. The Audit Record Form, a copy of which is attached as Exhibit B demonstrates the level of detail necessary to verify compliance with Labor Code requirements. The following forms, included in Exhibit B, will be utilized: (1) Public Works Investigation Worksheet; (2) Public Works Audit Worksheet and (3) Prevailing Wage Determination Summary. A brief narrative identifying the bid advertisement date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made will be submitted with the completed audit forms. 4. Audit Records. The LCP shall maintain records supporting an audit to satisfy its burden of coming forward with evidence in administrative review proceedings under Labor Code section 1742 and the Prevailing Wage Hearing Regulations found at sections 17201-17270 of title 8 of the California Code of Regulations. E. Notification of Opportunity to Resolve Wage Deficiency 1. Notice Requirement. After the LCP has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, the LCP will notify the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner. 2. Opportunity to Submit Exculpatory Information. The contractor and affected subcontractor shall be provided at least 10 days following such notification to submit exculpatory information consistent with the “good faith mistake” factors set forth in Labor Code section 1775, subdivisions (a)(2)(A)(i) and (ii). 3. Resolution. The LCP shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code section 1775 if: a. Based on the contractor’s submission, the LCP reasonably concludes that the failure to pay the correct wages was a good faith mistake; b. The LCP has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations; and February 2, 2016`Official Minutes 193 15 c. The underpayment of wages is promptly corrected and proof of such payment is submitted to the LCP. 4. Records. For each instance in which a wage deficiency is resolved in accordance with the foregoing, the LCP shall maintain a written record of the failure of the contractor or subcontractor to meet its prevailing wage obligation. The record shall identify the public works project, the contractor or affected subcontractor involved, and the gross amount of wages paid to workers to resolve the prevailing wage deficiency; and the record shall also include a copy of the audit prepared pursuant to Subsection VII.D. of this Manual along with any exculpatory information submitted to the LCP by the affected contractor or subcontractor. VIII. REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER A. Debarment Policy. It is the policy of the District that the public works prevailing wage requirements set forth in Labor Code sections 1720-1861 be strictly enforced. In furtherance thereof, contractors and subcontractors found to be willful violators under Labor Code section 1777.1 will be referred to the Labor Commissioner for debarment from bidding on or otherwise being awarded any public work contract within the state of California for the performance of construction and/or maintenance services for a period not to exceed three years in duration. The duration of the debarment period will depend upon the nature and severity of the Labor Code violations and mitigating or aggravating factors, which may be presented at the hearing conducted by the Labor Commissioner for such purpose. B. Report of Willful Violation If an investigation reveals that a willful violation of the Public Works Chapter of the Labor Code has occurred, the LCO will make a written report to the Labor Commissioner, which shall include: (1) An audit consisting of a comparison of payroll records to the best available information as to the actual hours worked, and (2) the classification of workers employed on the public works contract. Under Labor Code section 1777.1, subdivision (d), a willful violation “occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions.” Six (6) types of willful violations are reported: 1. Failure to Comply with Prevailing Wage Rate Requirements Except for good faith mistakes, the failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and District contracts) will be determined a willful violation whenever less than the stipulated basic hourly rate is paid to trades workers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than stipulated. February 2, 2016`Official Minutes 194 16 2. Falsification of Payroll Records, Misclassification of Work and/or Failure to Accurately Report Hours of Work Falsification of payroll records and failure to accurately report hours of work is characterized by deliberate underreporting of hours of work; underreporting the headcount; stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly misclassifying the work performed by the worker; and any other deliberate and/or willful act which results in the falsification or inaccurate reporting of payroll records. 3. Failure to Submit Certified Payroll Records Refusal to comply with a request by the LCP for submittal of certified payroll records or substantiating information or records will be determined to be a willful violation of the Labor Code. Refusal to correct inaccuracies or omissions that have been discovered in certified payroll records will also be determined to be a willful violation of the Labor Code. 4. Failure to Pay Fringe Benefits Fringe benefits are defined as the amounts stipulated for employer payments or trust fund contributions and are determined to be part of the required prevailing wage rate. The failure to pay or provide fringe benefits and/or make trust fund contributions on a timely basis is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. 5. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not properly registered is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. 6. Taking of Kickbacks Accepting or extracting kickbacks from employee wages under Labor Code section 1778 constitutes a felony and may be prosecuted by the appropriate enforcement agency. IX. ENFORCEMENT ACTIONS A. General Duty. The LCP has a duty to the Director under Section 16434, subdivision (a), of title 8 of the California Code of Regulations to enforce the requirements of the Public Works February 2, 2016`Official Minutes 195 17 Chapter of the Labor Code and applicable provisions of title 8 of the California Code of Regulations in a manner consistent with the practice of the Labor Commissioner. It is the practice of the Labor Commissioner to refer to the Director’s ongoing advisory service of web-posted public works coverage determination as a source of information and guidance in making enforcement decisions. It is also the practice of the Labor Commissioner to be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code section 1742, subdivision (b), and Sections 17201-17270 of title 8 of the California Code of Regulations. B. Investigation of Complaints. Upon receipt of a written complaint alleging that a contractor has failed to pay prevailing wages as required by the Labor Code, the LCP shall do all of the following: 1. Within 15 days after receipt of the complaint, send a written acknowledgment to the complaining party that the complaint has been received and identifying the name, address, and telephone number of the investigator assigned to the complaint; 2. Within 15 after receipt of complaint, provide the affected contractor with the notice required under Labor Code section 1775, subdivision (c), if the complaint is against a subcontractor; 3. Notify the complaining party in writing of the resolution of the complaint within 10 days after the complaint has been resolved by the LCP; 4. Notify the complaining party in writing at least once every 30 days of the status of a complaint that has not been resolved by the LCP; and 5. Notify the complaining party at least once every 90 days of the status of a complaint that has been resolved by the LCP but remains under review or in litigation before another entity. C. Enforcement of Apprenticeship Standards. The duties of the LCP with respect to apprenticeship standards are as follows: 1. The LCP shall (a) inform contractors and subcontractors bidding public works about apprenticeship requirements, (b) send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code, and (c) refer complaints and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. 2. The LCP shall be responsible for enforcing prevailing wage pay requirements for apprentices consistent with the practice of the Labor Commissioner, including requiring that (a) any contributions required pursuant to Labor Code section 1777.5, subdivision (m), are paid to the appropriate entity, (b) apprentices are paid no less than the prevailing apprentice rate, (c) workers listed and paid as apprentices on the certified payroll records are duly registered as apprentices with the Division of Apprenticeship Standards, and (d) February 2, 2016`Official Minutes 196 18 the regular prevailing wage rate is paid (i) to any worker who is not a duly registered apprentice and (ii) for all hours in excess of the maximum ratio permitted under Labor Code section 1777.5, subdivision (g), as determined at the conclusion of the employing contractor or subcontractor's work on the public works contract. D. Written Summary. For each public work project subject to the LCP’s enforcement of prevailing wage requirements, the LCP shall maintain a separate, written summary of labor compliance activities and relevant facts pertaining to that particular project. 1. The summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner. 2. The summary will be maintained using the “Suggested Single Project Labor Compliance Review and Enforcement Report Form,” a copy of which is attached as Exhibit C. 3. Compliance records for a project shall be retained until the later of: a. At least one year after the acceptance of the public work or five years after the cessation of all labor on a public work that has not been accepted; or b. One year after a final decision or judgment in any litigation under Labor Code section 1742. 4. A written summary or report includes information maintained electronically, provided that the summary or report can be printed out in hard copy form or is in an electronic format that can be transmitted by e-mail or compact disk and would be acceptable for the filing of documents in a federal or state court within this state. E. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate 1. Withholding Requirements a. When payroll records are delinquent or inadequate, the LCP shall withhold contract payments as required by Labor Code section 1771.5, subdivision (b)(5). i. The prior approval of the Labor Commissioner of this withholding is not required. ii. The LCP will only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the LCP has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor. iii. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. February 2, 2016`Official Minutes 197 19 b. The contractor shall be required to cease all payment to a subcontractor whose payroll records are delinquent or inadequate until the LCP provides notice that the subcontractor has cured the delinquency or deficiency. 2. Definitions a. “Withhold” means to cease payments by the awarding body, its agents or others who pay on its behalf to the general contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code section 1729. b. “Contracts.” Except as otherwise provided by agreement, only contracts under a single master contract, including a design-build contract, or contracts entered into as stages of a single project, may be the subject of withholding. c. “Delinquent payroll records” means those not submitted on the date set in the contract. d. “Inadequate payroll records” are any one of the following: i. A record lacking any information required by Labor Code section 1776; ii. A record that contains the required information but is not certified, or is certified by someone who is not an agent of the contractor or subcontractor; iii. A record remaining uncorrected for one payroll period, after the LCP has given the contractor or subcontractor notice of inaccuracies detected by audit or record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll, as defined in Labor Code section 1776 and section 16401 of title 8 of the California Code of Regulations. 3. Notice of Withholding of Contract Payments. When contract payments are withheld under this section, the LCP shall provide the contractor and subcontractor, if applicable, with immediate written notice that: a. States that payments are being withheld due to delinquent or inadequate payroll records, and identifies what records are missing or states why records that have been submitted are deemed inadequate; b. Specifies the amount being withheld; and c. Informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code section 1742, limited February 2, 2016`Official Minutes 198 20 to the issue of whether the records are delinquent or inadequate or the LCP has exceeded its authority under section 16435 of title 8 of the California Code of Regulations. The Notice of Temporary Withholding of Contract Payments Due to Delinquent or Inadequate Payroll Records (8 CCR § 16435) form, a copy of which is attached as Exhibit D, will be used by the District to give notices of withholding under this Subsection IX.E. 4. Penalty. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties will be assessed under Labor Code section 1776, subdivision (h), for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code section 1776, subdivision (h), requires the prior approval of the Labor Commissioner under section 16436 of title 8 of the California Code of Regulations. F. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment or Other Violation Has Occurred 1. Requirement. Under Labor Code section 1771.5, subdivision (b)(6), the District shall withhold contract payments in an amount equal to the underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred. 2. Definitions. “Withhold” and “contracts” have the same meanings set forth in Subsection IX.E.2. above. 3. Violation by Subcontractor. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code section 1729. 4. Amount of Underpayment. “Amount equal to the underpayment” is the total of the following determined by payroll review, audit or admission of contractor or subcontractor: a. The difference between amounts paid workers and the correct General Prevailing Rate of Per Diem Wages, as defined in Labor Code section 1773, and determined to be the prevailing rate due workers in such craft, classification or trade in which they were employed and the amounts paid; b. The difference between amounts paid on behalf of workers and the correct amounts of Employer Payments, as defined in Labor Code section 1773.1 and determined to be a part of the prevailing rate costs of contractors due for employment of workers in such craft, classification or trade in which they were employed and the amounts paid; c. Estimated amounts of “illegal taking of wages”; February 2, 2016`Official Minutes 199 21 d. Amounts of apprenticeship training contributions paid to neither the program sponsor’s training trust nor the California Apprenticeship Council; and e. Estimated penalties under Labor Code sections 1775, 1776 and 1813. 5. Labor Commissioner Approval. The withholding of contract payments when, after investigation, it is established that underpayment or other violations have occurred, requires the prior approval of the Labor Commissioner under sections 16436 and 16437 of title 8 of the California Code of Regulations, as detailed in Subsection IX.G. below. G. Forfeitures Requiring Approval by the Labor Commissioner 1. Definition. For purposes of this section and Subsection IX.H. below, “forfeitures” means the amount of wages, penalties and forfeitures assessed by the LCP and proposed to be withheld pursuant to Labor Code section 1771.6, subdivision (a), and includes the difference between the prevailing wage rates and the amount paid and penalties assessed under Labor Code sections 1775, 1776 and 1813. 2. Approval Requirements a. If the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1,000, the forfeitures shall be deemed approved by the Labor Commissioner upon service and the Labor Commissioner’s receipt of copies of the following: i. Notice of Withholding of Contract Payments authorized by Labor Code section 1771.6, subdivision (a); ii. An audit as defined in Subsection VII.D. above; and iii. A brief narrative identifying the bid advertisement date of the contract for public work and summarization of nature of violation, basis of underpayment and factors considered in assessing penalties, if any, under Labor Code section 1775. b. Approval by the Labor Commissioner of all other forfeitures shall be requested and obtained in accordance with section 16437 of title 8 of the California Code of Regulations. H. Provisions Relating to Penalties 1. Labor Code § 1775, subd. (a)(1): The contractor and any subcontractor shall forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. The amount of the penalty will be determined by the Labor Commissioner. February 2, 2016`Official Minutes 200 22 2. Labor Code § 1776, subd. (h): In the event the contractor or subcontractor fails to comply with a written request for payroll records within a 10-day period, the contractor or subcontractor shall forfeit $100 for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. 3. Labor Code § 1813: The contractor or subcontractor shall forfeit $25 for each worker for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of sections 1810-1815 of the Labor Code. I. Determination of Amount of Forfeiture by the Labor Commissioner 1. Under section 16437 of title 8 of the California Code of Regulations, where the LCP requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains at least the following information: a. The date that the public work was accepted, the date that a notice of completion was filed and the amount of funds being held in retention by the District; b. Any other deadline, which, if missed, would impede collection; c. Evidence of violation, in narrative form; d. Evidence of violation obtained under section 16432 of title 8 of the California Code of Regulations and a copy of the audit prepared in accordance with section 16432, subdivision (e), of title 8 of the California Code of Regulations, setting forth the amounts of unpaid wages and applicable penalties; e. Evidence that, before the forfeiture was sent to the Labor Commissioner, (i) the contractor and subcontractor were given the opportunity to explain why there was no violation, or that any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor’s attention, and (ii) the contractor and subcontractor either did not do so or failed to convince the LCP of its position; f. Where the LCP seeks not only amounts of wages but also a penalty as part of the forfeiture, and the contractor or subcontractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor’s attention, a short statement will accompany the proposal for a forfeiture with a recommended penalty amount pursuant to Labor Code section 1775, subdivision (a); g. Where the LCP seeks only wages or a penalty less than $50 per day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor’s attention, the file should include the February 2, 2016`Official Minutes 201 23 evidence as to the contractor or subcontractor’s knowledge of his or her obligation, including the program’s communication to the contractor or subcontractor of the obligation in the bid invitations, at the pre-job conference and in the pre-job conference agenda and records, and any other notice given as part of the contracting process. With the file will be a short statement, similar to that described in Subsection IX.I.f. above, and recommended penalty amounts, pursuant to Labor Code section 1775, subdivision (a); h. The previous record of the contractor and subcontractor in meeting their prevailing wage obligations; and i. Whether the LCP has been granted approval on only an interim or temporary basis under sections 16425 or 16426 of title 8 of the California Code of Regulations or whether it has been granted extended approval under 16427 of title 8 of the California Code of Regulations. The Request for Approval of Forfeiture form, a copy of which is attached as Exhibit E, will be used by the District to submit requests to the Labor Commissioner for a determination of the amount of a forfeiture. 2. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but not less than 30 days before the expiration of the limitations period set forth in Labor Code section 1741. 3. A copy of the proposed forfeiture and the file or report shall be served on the contractor and subcontractor at the same time they are sent to the Labor Commissioner. The LCP may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those documents are clearly referenced in the file or report. 4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. 5. The determination of the forfeiture by the Labor Commissioner becomes effective as follows: a. Unless and until the LCP obtains extended authority under section 16427 of title 8 of the California Code of Regulations, the determination is effective on the date the Labor Commissioner serves, by first class mail, on the LCP, on the contractor and on the subcontractor, an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement that sets out the amount of forfeiture approved. Service on the contractor or subcontractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner’s approval, modification, or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture. February 2, 2016`Official Minutes 202 24 b. If and when the LCP obtains extended authority under section 16427 of title 8 of the California Code of Regulations, approval is effective 20 days after the requested forfeitures are served upon the Labor Commissioner, unless the Labor Commissioner serves a notice upon the parties, within that time period, that this forfeiture request is subject to further review. If this provision is applicable, a notice that approval will follow such a procedure will be included in the transmittal of the forfeiture request to the contractor. If the Labor Commissioner notifies the parties of a decision to undertake further review, the Labor Commissioner’s final approval, modification or disapproval of the proposed forfeiture shall be served within 30 days of the date of notice of further review. J. Notice of Withholding of Contract Payments 1. Notice Requirement. The District will give notice of withholding of contract payments to the contractor and subcontractor, if applicable, as required by Labor Code section 1771.6, subdivision (a), and section 17220, of title 8 of the California Code of Regulations. 2. Service a. The notice shall be served on the contractor and subcontractor, as applicable, by first- class and certified mail, pursuant to section 1013 of the Code of Civil Procedure. b. The District shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the District. 3. Contents of Notice. The notice shall be sufficiently detailed to provide fair notice to the contractor of subcontractor of the issues at a hearing on the notice. The notice shall include all of the following information: a. A description of the nature of the violation and basis for the notice. b. The amount of wages, penalties and forfeitures due, including: i. Amounts that have been or will be withheld from available contract payments; and ii. Additional amounts that the District has determined are due, including the amount of any liquidated damages that potentially may be awarded under Labor Code section 1742.1. c. The procedures for obtaining review of the withholding of contract payments. d. The name and address of the office to which a request for review may be sent; February 2, 2016`Official Minutes 203 25 e. Notice of the opportunity to request a settlement meeting under section 17221 of title 8 of the California Code of Regulations; and f. The following statement, in bold or another type face that makes it stand out from the other text: Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. A copy of the Notice of Withholding of Contract Payments (NWCP) to be used by the District is attached as Exhibit F. X. DAMAGES, DEPOSITS AND DISTRIBUTIONS A. Liquidated Damages 1. Liability. After 60 days following the service of a civil wage and penalty assessment under Labor Code section 1741 or a notice of withholding under Labor Code section 1771.6, subdivision (a), the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment or notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof, that still remain unpaid. If the assessment or notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. 2. Waiver. If the contractor or subcontractor demonstrates to the satisfaction of the Director that he or she had substantial grounds for appealing the assessment or notice with respect to a portion of the unpaid wages covered by the assessment or notice, the Director may exercise his or her discretion to waive payment of the liquidated damages with respect to that portion of the unpaid wages. 3. Distribution. Any liquidated damages shall be distributed to the employee along with the unpaid wages. Labor Code section 203.5 shall not apply to claims for prevailing wages under this chapter. 4. Exception. Notwithstanding subdivision (a) of Labor Code section 1742.1, there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with DIR within 60 days following February 2, 2016`Official Minutes 204 26 service of the assessment or notice, for the DIR to hold in escrow pending administrative and judicial review. The DIR shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities that are found to be entitled to such funds. B. Deposits of Penalties and Forfeitures Withheld 1. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture, or underpayment of wages and the matter has been resolved without litigation by or against the Labor Commissioner, the LCP shall deposit penalties and forfeitures into the District’s general fund. 2. Where collection of fines, penalties, or forfeitures results from administrative proceedings or court action to which the Labor Commissioner and the District or its LCP are both parties, the fines, penalties or forfeitures shall be divided between the general funds of the state and the District, as the hearing officer or court may decide. 3. All penalties recovered in administrative proceedings or court action brought by or against the Labor Commissioner, and to which the District or its LCP is not a party, shall be deposited in the general fund of the state. 4. All wages and benefits that belong to an employee and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of administrative proceedings or any court action, and which have not been paid to the employee or irrevocably committed on the employee’s behalf to a benefits fund, shall be deposited with the Labor Commissioner, who shall handle such wages and benefits in accordance with Labor Code section 96.7. C. Distribution of Forfeited Sums 1. Withholding Requirement. Pending a final order, or the expiration of the time period for seeking review of a notice of withholding, the District shall not disburse any contract payments withheld. 2. Priority. From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers employed on the public works project who are paid less than the prevailing wage rate. 3. Other. Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Labor Code section 96.7. Penalties shall be paid into the General Fund of the District. February 2, 2016`Official Minutes 205 27 XI. REVIEW OF ENFORCEMENT ACTIONS A. Settlement Meetings 1. General. A contractor or subcontractor may request a settlement meeting pursuant to Labor Code section 1742.1, subdivision (c), and section 17221 of title 8 of the California Code of Regulations. 2. Deadline to Request Meeting with District. Within 30 days following service of a Notice of Withholding of Contract Payments (NWCP), a contractor or subcontractor may, in writing, request a meeting with the District to attempt to settle a dispute regarding the NWCP. 3. Meeting Location and Time. Upon receipt of a timely written request for a settlement meeting, the District shall afford the affected contractor or subcontractor a reasonable opportunity to meet. The meeting may be held in person or by telephone and shall take place before expiration of the 60-day limit for filing a Request for Review under section 17222 of title 8 of the California Code of Regulations. 4. Confidentiality. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. B. Request for Review of LCP Enforcement Actions 1. Request for Review. A contractor or subcontractor may request review of an LCP enforcement action in accordance with Labor Code sections 1771.6, subdivision (b), and 1742 and sections 17201-17270 of title 8 of the California Code of Regulations. 2. Response to Request for Review. In responding to a request for review, the LCP shall have the rights and responsibilities of the Enforcing Agency (as defined in section 17202, subdivision (f) of title 8 of the California Code of Regulations) including but not limited to the obligations to serve notices, transmit the request for review to the hearing office, and provide an opportunity to review evidence in a timely manner, to participate through counsel in all hearing proceedings, and to meet the burden of establishing prima facie support for the NWCP. 3. Intervention. If a contractor or subcontractor seeks review of an LCP enforcement action, the Labor Commissioner may intervene to represent the District or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both. 4. Authority of LCP. Except in cases where the Labor Commission has intervened, the LCP shall have the authority to prosecute, settle, or seek the dismissal of any NWCP issued February 2, 2016`Official Minutes 206 28 pursuant to Labor Code section 1771.6 and any review proceeding under Labor Code section 1742, without any further need for approval by the Labor Commissioner. Whenever a LCP settles in whole or in part or seeks and obtains the dismissal of a NWCP or a review proceeding under Labor Code section 1742, the LCP shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commission upon request. C. Review of Withholding of Contract Payments 1. General. The withholding of contract payments in accordance with Labor Code sections 1726 or 1771.5 shall be reviewable under Labor Code section 1742 in the same manner as if the notice of the withholding was a civil penalty order of the Labor Commissioner. 2. Request for Review a. Deadline; Where to Submit. An affected contractor or subcontractor may obtain review of the NWCP by transmitting a written request to the District within 60 days after service of the NWCP. If no hearing is requested within 60 days after service of the NWCP, the NWCP will become final. b. Contents of Request for Review. A request for review shall clearly identify the NWCP from which review is sought, including the date of the NWCP, or it shall include a copy of the NWCP as an attachment. A request for review shall also set forth the basis upon which the NWCP is being contested. 3. Transmittal by District. Within 10 days following its receipt of the request for review, the District shall transmit to the Office of the Director-Legal Unit the request for review and copies of the NWCP, any audit summary that accompanied the NWCP, and a proof of service or other document showing the name and address of any bonding company or surety securing the payment of the wages covered by the NWCP. The Notice of Transmittal form, a copy of which is attached as Exhibit G, will be used by the District to give the notice required by this Subsection XI.C.3. 4. Disclosure of Evidence a. Notice. Within ten days following its receipt of a request for review, the District will notify the affected contractor or subcontractor of its opportunity to review, and procedures for reviewing, evidence to be used by the District at the hearing. b. Deadline. Absent a written request or agreement of the affected contractor of subcontractor to extend the deadline, the District will make evidence available for review within 20 days of its receipt of the request for review. If the District February 2, 2016`Official Minutes 207 29 obtains evidence after the initial disclosure of evidence, the District will promptly disclose that evidence to the affected contractor or subcontractor. The Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) form, a copy of which is attached as Exhibit H, will be used by the District to give the notice required by this Subsection XI.C.4. 5. Hearing. a. Deadline/Hearing Officer. Upon receipt of a timely request, a hearing shall be commenced within 90 days before the Director, who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The appointed hearing officer shall be an employee of the DIR, but shall not be an employee of the Division of Labor Standards Enforcement. b. Burden of Proof 1. District Burden. The District will have the burden coming forward with evidence that the affected contractor or subcontractor was properly served with the NWCP and was provided a reasonable opportunity to review the evidence to be used by the District at the hearing, and that such evidence provides prima facie support for the withholding of contract payments. 2. Contractor/Subcontractor Burden. If the District meets its initial burden, the affected contractor or subcontractor has the burden of proving that the basis for the NWCP is incorrect. c. Procedures. The Director has adopted regulations setting forth procedures for hearings. See sections 17201-17270 of title 8 of the California Code of Regulations, excerpts of which are attached as Exhibit I. 6. Decision. Within 45 days of the conclusion of the hearing, the Director shall issue a written decision affirming, modifying, or dismissing the NWCP. The decision of the Director shall consist of a notice of findings, findings, and an order. This decision shall be served by first-class mail on all parties pursuant to Section 1013 of the Code of Civil Procedure. Within 15 days after the issuance of the decision, the Director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. 7. Review of Decision. An affected contractor or subcontractor may obtain review of the decision of the Director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse February 2, 2016`Official Minutes 208 30 of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. 8. Judgment a. Entry of Judgment. A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. Under Labor Code section 1742, subdivision (d), the clerk is required to enter judgment for the state against the person assessed in the amount shown on the certified order. b. Interest on Judgment. A judgment entered pursuant to this procedure shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes. XII. STATEMENTS OF ECONOMIC INTEREST The District will determine and designate those employees and consultants who participate in making governmental decisions for the District within the meaning of Title 2 of the California Code of Regulations, sections 18700-18702.4. Those designated employees and consultants shall be required to file Statements of Economic interest (FPPC Form 700) and to comply with other applicable requirements of the Political Reform Act (commencing with Section 87100 of the Government Code) in connection with work performed on behalf of the District. XIII. ANNUAL REPORTS The LCP will submit to the Director an annual report on the operation of its LCP no later than August 31 of each year, except as set forth below. The annual report will cover the 12- month period commencing on July 1 of the preceding calendar year and ending on June 30 of the year in which the report is due, unless the Director authorizes the LCP to use a different reporting period, in which case the annual report will be due no later than 60 days following the close of that reporting period. The report will be made on LCP Annual Report form LCP- AR1, a copy of which is attached as Exhibit I. February 2, 2016`Official Minutes 209 XIV. EXHIBITS February 2, 2016`Official Minutes 210 EXHIBIT A [Checklist of Labor Law Requirements] February 2, 2016`Official Minutes 211 February 2, 2016`Official Minutes 212 February 2, 2016`Official Minutes 213 EXHIBIT B [Audit Record Form] February 2, 2016`Official Minutes 214 AUDIT RECORD FORMS (For Use in 8 CCR § 16432 Audits) An audit record is sufficiently detailed to verify compliance with the requirements of the Public Works Chapter of the Labor Code when the audit record displays that the following procedures have been followed: 1. Audit of the obligation to carry workers’ compensation insurance means producing written evidence of a binder issued by the carrier, or telephone or written inquiry to the Workers’ Compensation Insurance Rating Bureau. 2. Audit of the obligation to employ and train apprentices means inquiry to the program sponsor for the apprenticeable craft or trade in the area of the public work as to: Whether contract award information was received, including an estimate of journeyperson hours to be performed and the number of apprentices to be employed; whether apprentices have been requested, and whether the request has been met; whether the program sponsor knows of any amounts received from the contractor or subcontractor for the training fund or the California Apprenticeship Council; and whether persons listed on the certified payroll in that craft or trade being paid less than the journeyperson rate are apprentices registered with that program and working under apprentice agreements approved by the Division of Apprenticeship Standards. 3. Audit of the obligation to pass through amounts, made part of the bid, for apprenticeship training contributions to either the training trust or the California Apprenticeship Council, means asking for copies of checks remitted, or when the audit occurs more than 30 days after the month in which payroll has been paid, copies of canceled checks remitted. 4. Audit of “illegal taking of wages” means inspection of written authorizati ons for deductions (as listed in Labor Code Section 224) in the contractor’s files and comparison to wage deduction statements furnished to employees (Lab. Code, § 226), together with an interview of several employees as to any payments made which are not reflected on the wage deduction statements. 5. Audit of the obligation to keep records of working hours (Cal. Code Regs., tit. 8, § 16432), and pay not less than required for hours worked in excess of 8 hours/day and 40 hours/week (Cal. Code Regs., tit. 8, § 16200(a)(3)(F)), means review and audit of weekly certified payroll records. 6. Audit of the obligation to pay the prevailing per diem wage means review and audit of weekly certified payroll records for compliance with: • All elements defined as the General Prevailing Rate of Per Diem Wages in section 16000 of title 8 of the California Code of Regulations that were determined to be prevailing in the Director’s determination in effect on the date of the call for bids, or as reflected in any subsequent revised determination issued by the Director’s office, copies of which are available at the LCO’s office and posted at the public works job site; February 2, 2016`Official Minutes 215 • All elements defined as Employer Payments to Workers set forth in section 16000 of title 8 of the California Code of Regulations that were determined to be prevailing in the Director’s determination in effect on the date of the call for bids, or as reflected in any subsequent revised determination issued by the Director’s office, copies of which are available at the LCO’s office and posted at the public works job site. Note: The following forms (attached hereto) will be used by the LCP in all audits.  Public Works Investigation Worksheet  Public Works Audit Worksheet  Prevailing Wage Determination Summary February 2, 2016`Official Minutes 216 February 2, 2016`Official Minutes 217 February 2, 2016`Official Minutes 218 February 2, 2016`Official Minutes 219 EXHIBIT C [Suggested Single Project Labor Compliance Review and Enforcement Report Form] February 2, 2016`Official Minutes 220 Suggested Single Project Labor Compliance Review and Enforcement Report Form [Appendix C following 8 CCR §16434] Awarding Body: Project Name: Name of Approved Labor Compliance Program: Bid Advertisement Date: Acceptance Date: Notice of Completion Recordation Date: Summary of Labor Compliance Activities 1. Contract Documents Containing Prevailing Wage Requirements (Identify) 2. Prejob Conference(s) -- Attach list(s) of attendees and dates 3. Notification to Project Workers of Labor Compliance Program’s Contact Person. [Explain Manner of Notification for each project work site.) 4. Certified Payroll Record Review a. CPRs Received From: Contractor/Subcontractor For weeks ending (“w/e”) through w/e February 2, 2016`Official Minutes 221 b. Classifications identified in CPRs and applicable Prevailing Wage Determinations Classification Determination No. 5. Further investigation or audit due to CPR review, information or complaint from worker or other interested person, or other reason: a. Independent Confirmation of CPR Data Worker Interviews Reconciled CPRs with Pay- Contractor/Subcontractor (Yes/No) checks or Stubs (Yes/No) b. Employer Payments (Health & Welfare, Pension, Vacation/Holiday) Confirmation Recipients of Written confirmation Contractor/Subcontractor Employer Payments Obtained (Yes/No) c. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Recipients of Written confirmation Contractor/Subcontractor Contributions Obtained (Yes/No) February 2, 2016`Official Minutes 222 d. Additional Wage Payments or Training Fund Contributions Resulting from Review of CPRs Additional amounts Additional Expla- Contractor/Subcontractor Paid to Workers Training Fund nation * * * * * Use separate page(s) for explanation 6. Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Resolution or Complainant Date Received Current Status * * * * *Use separate page(s) to explain resolution or current status 7. Requests for Approval of Forfeiture to Labor Commissioner Contractor/Subcontractor Date of Request Approved/Modified/Denied 8. Litigation Pending Under Labor Code Section 1742 Contractor/Subcontractor DIR Case Number 9. (Check one): Final report this project Annual report this project Authorized Representative for Labor Compliance Program February 2, 2016`Official Minutes 223 EXHIBIT D [Notice of Temporary Withholding of Contract Payments Due to Delinquent or Inadequate Payroll Records (8 CCR § 16435] February 2, 2016`Official Minutes 224 [Name and Contact Information for person issuing Notice] Date: Case or Contract No.: NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body: Work performed in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code §1771.5(b)(5) and 8 CCR §16435, contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: The following payroll records are delinquent (specify weeks and due dates): The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR §16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information, including appeal rights. Labor Compliance Officer February 2, 2016`Official Minutes 225 Prime Contractor Obligations: If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor’s payroll records, you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review – Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code §1742. The only issue in any such review proceeding is whether the specified payroll records are in fact delinquent or inadequate within the meaning of 8 CCR §16435 or whether the Labor Compliance Program has exceeded its authority under 8 CCR §16435. To obtain an expedited hearing, a written request must be transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations, as follows: [Name of Labor Compliance Officer, address, and fax number] Office of the Director – Legal Unit Attention: Lead Hearing Officer Expedited Hearing Request Fax to: (415) 703-4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment. The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. Important Additional Information: This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of liability for wages or penalties under Labor Code §§1775 and 1776 or any other statute. Contract payments cannot continue to be withheld pursuant to this notice, once the required records have been produced. However, the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if, upon investigation, a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and may also have additional rights or remedies under the public works contract. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - February 2, 2016`Official Minutes 226 EXHIBIT E [Request for Approval of Forfeiture] February 2, 2016`Official Minutes 227 1. AWARDING BODY / THIRD PARTY LCP: Name and Contact Information: Date of Request: Name and Contact Information for Awarding Body if different from LCP: LCP Approval Status (specify if either interim or temporary or if LCP has extended authority): 2. PROJECT INFORMATION: Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3. CONTRACTOR INFORMATION: Name and address of Affected Contractor: Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): February 2, 2016`Official Minutes 228 4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Due: Total Penalties Due: Potential Liquidated Damages [Wages + Training Funds]: LC 1775 Penalties Due: LC 1813 Penalties Due: LC 1776 Penalties Due: Other: [Provide narrative summaries covering the following]: A. Statement of Issues. B. Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc.). C. Audit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations; summary of their response with respect to violations and penalty issues; and any other information considered in determining recommended penalties). E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s). ATTACHMENTS 1. Audit Summary (Appendix B) 2. 1st Bid Advertisement Publication 3. Notice of Completion 4. Scope of Work 5. Complaint form(s) and Declarations, if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. February 2, 2016`Official Minutes 229 EXHIBIT F [Notice of Withholding of Contract Payments] February 2, 2016`Official Minutes 230 Labor Compliance Program _________________________________ _________________________________ _________________________________ _________________________________ Phone: Fax: (SEAL ) Date: In Reply Refer to Case No.: Notice of Withholding of Contract Payments Awarding Body ³ Work Performed in County of Project Name ³ Project No. Prime Contractor Subcontractor After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above-named public works project, the Labor Compliance Program for _______________ _______________________ (Awarding Body) has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance with Labor Code sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ The Labor Compliance Program has determined that the total amount of wages due is: $___________________ The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code sections 1775 and 1813 is: $__________________ The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code section 1776 is: $__________________ LABOR COMPLIANCE PROGRAM _____________________________________ By:__________________________________ February 2, 2016`Official Minutes 231 Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments (NWCP) by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program _________________________________________ Review Office-Notice of Withholding of Contract Payments _________________________________________ _________________________________________ A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) February 2, 2016`Official Minutes 232 Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1 (c), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this Notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to ______________________ at the following address: _________________________________________ _________________________________________ _________________________________________ Liquidated Damages In accordance with Labor Code section 1742.1 (a), after 60 days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If this Notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing this Notice to be an error, the Director shall waive payment of the liquidated damages. Notwithstanding the above, in accordance with Labor Code 1742.1 (b), there shall be no liability for liquidated damages if the full amount found due in this Notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of this Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. In lieu of a cash deposit, the contractor may post an undertaking with the Department in full amount of the Notice of Withholding of Contract Payments. The undertaking shall be on the condition that, if any decision is issued by the Director upholding this Notice in any respect, the contractor shall pay the amount owed pursuant to a decision that is final under Labor Code Section 1742, unless the parties have executed a settlement agreement for the payment of some other amount, in which case the contractor shall pay the amount that the contractor is obligated to pay under the terms of the settlement agreement. The undertaking must provide that if the contractor fails to pay the amount February 2, 2016`Official Minutes 233 owed within 10 days of the date the decision is final or the execution of the settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount exceeds the undertaking is forfeited to the Labor Commissioner for the State of California for the purpose of satisfying the amounts owed under this Notice. A payment bond obtained by a contractor for the public works project which is the subject to this Notice shall not be accepted as an undertaking unless the following two conditions are completely satisfied: (1) the payment bond provides the payment of the full amount of this Notice, including but not limited to, all wages, training, trust contributions, and penalties, and (2) the conditions of payment set forth above are expressly agreed to by the affected contractor(s) and the surety which issued the payment bond. The undertaking should be forwarded to the Department as directed below. The Department’s Accounting Office will hold the undertaking until the administrative and judicial review is completed. The disbursement of the bond funds will follow the same process as described above for a cash deposit. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Notice of Withhold Contract Payments and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 The Amount of Liquidated Damages Available Under this Notice is $_______________. Distribution: Attach: Prime Contractor Audit Summary Subcontractor Proof of Service Surety(s) on Bond February 2, 2016`Official Minutes 234 EXHIBIT G [Notice of Transmittal] February 2, 2016`Official Minutes 235 LABOR COMPLIANCE PROGRAM ________________________________ Review Office - Notice of Withholding of Contract Payments _________________________________ _________________________________ _________________________________ Phone: Fax: (SEAL ) Date: In Reply Refer to Case No.: Notice of Transmittal To: Department of Industrial Relations Office of the Director-Legal Unit Attention: Lead Hearing Officer P. O. Box 420603 San Francisco, CA 94142-0603 Enclosed herewith please find a Request for Review, dated __________________, postmarked ___________________, and received by this office on ____________________. Also enclosed please find the following: ____ Copy of Notice of Withholding of Contract Payments ____ Copy of Audit Summary LABOR COMPLIANCE PROGRAM ________________________________ By:_____________________________ cc: Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations sections 17201-17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with section 11500. February 2, 2016`Official Minutes 236 EXHIBIT H [Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b)] February 2, 2016`Official Minutes 237 LABOR COMPLIANCE PROGRAM ________________________________ Review Office - Notice of Withholding of Contract Payments _________________________________ _________________________________ _________________________________ Phone: Fax: (SEAL ) Date: In Reply Refer to Case No.: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To: Prime Contractor __________________________ __________________________ __________________________ Subcontractor __________________________ __________________________ __________________________ Please be advised that this office has received your Request for Review, dated _____________, and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. _____________. In accordance with Labor Code section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said party's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business February 2, 2016`Official Minutes 238 hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Attention:________________________ February 2, 2016`Official Minutes 239 Request to Review Evidence To: ______________________________ ______________________________ ______________________________ ______________________________ From:______________________________ ______________________________ ______________________________ ______________________________ Regarding Notice of Withholding of Contract Payments Dated ____________ Our Case No.: _________________ The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. ________________________________ Phone No.:_______________________ Fax No.:_________________________ February 2, 2016`Official Minutes 240 EXHIBIT I [Prevailing Wage Hearing Regulations] February 2, 2016`Official Minutes 241 The following statutory excerpts are provided by the Contra Costa County Flood Control & Water Conservation District only for convenience and by way of explanation. Any changes to the referenced regulations will be automatically implemented by the District, without requiring revisions to this document. No guarantees are provided as to accuracy of the following. The reader is directed to the actual code for complete, accurate representations of the current laws and regulations. Law Codes must be obtained from the Internet, law libraries or the Department of Industrial Relations. The California Code of Regulations is posted at the state website, http://www.ccr.oal.ca.gov . CALIFORNIA CODE OF REGULATIONS TITLE 8, CHAPTER 8, SUBCHAPTER 6 (Sections 17201 through 17270) C O N T E N T S ARTICLE 1. GENERAL 17201. Scope and Application of Rules. 17202. Definitions. 17203. Computation of Time and Extensions of Time to Respond or Act. 17204. Appointment of Hearing Officers; Delegation of Appointment Authority to Chief Counsel. 17205. Authority of Hearing Officers. 17206. Access to Hearing Records. 17207. Ex Parte Communications. 17208. Intervention and Participation by Other Interested Persons. 17209. Representation at Hearing. 17210. Proper Method of Service. 17211. Filing and Service of Documents by Facsimile or Other Electronic Means. 17212. Administrative Adjudication Bill of Rights. ARTICLE 2. ASSESSMENT OR NOTICE AND REQUEST FOR REVIEW 17220. Service and Contents of Assessment or Notice of Withholding of Contract Payments. 17221. Opportunity for Early Settlement. 17222. Filing of Request for Review. 17223. Transmittal of Request for Review to Department. 17224. Disclosure of Evidence. 17225. Withdrawal of Request for Review; Reinstatement. 17226. Dismissal or Amendment of Assessment or Notice of Withholding of Contract Payments. 17227. Early Disposition of Untimely Assessment, Withholding, or Request for Review. 17228. Finality of Assessment or of Withholding of Contract Payments When No Timely Request for Review is Filed; Authority of Awarding Body to Disburse Withheld Funds. 17229. Finality of Notice of Withholding of Contract Payments; Authority of Awarding Body to Recover Additional Funds. February 2, 2016`Official Minutes 242 ARTICLE 3. PREHEARING PROCEDURES 17230. Scheduling of Hearing; Continuances and Tolling. 17231. Prehearing Conference. 17232. Consolidation and Severance. 17233. Prehearing Motions; Cut-Off Date. 17234. Evidence by Affidavit or Declaration. 17235. Subpoena and Subpoena Duces Tecum. 17236. Written Notice to Party in Lieu of Subpoena. 17237. Depositions and Other Discovery. ARTICLE 4. HEARINGS 17240. Notice of Appointment of Hearing Officer; Objections. 17241. Time and Place of Hearing. 17242. Open Hearing; Confidential Evidence and Proceedings; and Exclusion of Witnesses. 17243. Conduct of Hearing. 17244. Evidence Rules; Hearsay. 17245. Official Notice. 17246. Failure to Appear; Relief from Default. 17247. Contempt and Monetary Sanctions. 17248. Interpreters. 17249. Hearing Record; Recording of Testimony and Other Proceedings. 17250. Burdens of Proof on Wages and Penalties. 17251. Liquidated Damages. 17252. Oral Argument and Briefs. 17253. Conclusion of Hearing; Time for Decision. ARTICLE 6. DECISION OF THE DIRECTOR 17260. Decision. 17261. Reconsideration. 17262. Final Decision; Time for Seeking Review. 17263. Preparation of Record for Review. 17264. Request for Participation by Director in Judicial Review Proceeding. ARTICLE 7. TRANSITIONAL RULE 17270. Applicability of these Rules to Notices Issued Between April 1, 2001 and June 30, 2001. February 2, 2016`Official Minutes 243 ARTICLE 1. GENERAL 17201. Scope and Application of Rules. (a) These Rules govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Articles 1 and 2 of Division 2, Part 7, Chapter 1 (commencing with section 1720) of the Labor Code, as well as any notice assessing penalties for noncompliance with payroll record obligations under Labor Code section 1776. The provisions of Labor Code section 1742 and these Rules apply to all such assessments and notices served on a contractor or subcontractor on or after July 1, 2001 and provide the exclusive method for an Affected Contractor or Subcontractor to obtain review of any such notice or assessment. These Rules also apply to transitional cases in which notices were served but no court action was filed under Labor Code sections 1731-1733 prior to July 1, 2001, in accordance with Section 17270 (Rule 70) below. (b) These Rules do not govern debarment proceedings under Labor Code section 1777.1, nor proceedings to review determinations with respect to the violation of apprenticeship obligations under Labor Code sections 1777.5 and 1777.7, nor any criminal prosecution. (c) These Rules do not preclude any remedies otherwise authorized by law to remedy violations of Division 2, Part 7, Chapter 1 of the Labor Code. (d) For easier reference, individual sections within these prevailing wage hearing regulations are referred to as “Rules” using only their last two digits. For example, this Section 17201 may be referred to as Rule 01. NOTE: Authority cited: sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Sections 1742, 1771.5, 1771.6(b), 1773.5, 1776, and 1777.1 – 1777.7, Labor Code; and Stats. 2000, Chapter 954, §1. 17202. Definitions. For the purpose of these Rules: (a) "Affected Contractor or Subcontractor" means a contractor or subcontractor (as defined under Labor Code section 1722.1) to whom the Labor Commissioner has issued a civil wage and penalty assessment pursuant to Labor Code section 1741, or to whom an Awarding Body has issued a notice of the withholding of contract payments pursuant to Labor Code section 1771.6, or to whom the Labor Commissioner or the Division of Apprentice Standards has issued a notice assessing penalties for noncompliance with payroll record obligations under Labor Code section 1776; (b) “Assessment" means a civil wage and penalty assessment issued by the Labor Commissioner or his or her designee pursuant to Labor Code section 1741, and it also includes a notice issued by either the Labor Commissioner or the Division of Apprenticeship Standards pursuant to Labor Code section 1776; (c) “Awarding Body” means an awarding body or body awarding the contract (as defined in Labor Code section 1722) that exercises enforcement authority under Labor Code section 1726 or 1771.5; (d) “Department” means the Department of Industrial Relations; (e) “Director” means the Director of the Department of Industrial Relations; (f) “Enforcing Agency” means the entity which has issued an Assessment or Notice of Withholding of Contract Payments and with which a Request for Review has been filed; i.e., it refers to the Labor Commissioner when review is sought from an Assessment, the Awarding Body when review is sought from a Notice of Withholding of Contract Payments, and the Division of Apprenticeship Standards when review is sought from a notice issued by that agency that assesses penalties under Labor Code section 1776; February 2, 2016`Official Minutes 244 (g) "Hearing Officer" means any person appointed by the Director pursuant to Labor Code section 1742(b) to conduct hearings and other proceedings under Labor Code section 1742 and these Rules; (h) “Joint Labor-Management Committee” means a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (section 175a of Title 29 of the United States Code). (i) "Labor Commissioner" means the Chief of the Division of Labor Standards Enforcement and includes his or her designee who has been authorized to carry out the Labor Commissioner’s functions under Chapter 1, Part 7 of Division 2 (commencing with section 1720) of the Labor Code; (j) "Party" means an Affected Contractor or Subcontractor who has requested review of either an Assessment or a Notice of Withholding of Contract Payments, the Enforcing Agency that issued the Assessment or the Notice of Withholding of Contract Payments from which review is sought, and any other Person who has intervened under subparts (a), (b), or (c) of Rule 08 [Section 17208]; (k) "Person" means an individual, partnership, limited liability company, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or entity of any character; (l) "Representative" means a person authorized by a Party to represent that Party in a proceeding before a Hearing Officer or the Director, and includes the Labor Commissioner when the Labor Commissioner has intervened to represent the Awarding Body in a review proceeding pursuant to Labor Code section 1771.6(b). (m) “Rule” refers to a section within this subchapter 6. The Rule number corresponds to the last two digits of the full section number. (For example, Rule 08 is the same as section 17208.) (n) “Surety” has the meaning set forth in Civil Code section 2787 and refers to the entity that issues the public works bond provided for in Civil Code sections 3247 and 3248 or any other surety bond that guarantees the payment of wages for labor. (o) “Working Day” means any day that is not a Saturday, Sunday, or State holiday, as determined with reference to Code of Civil Procedure sections 12(a) and 12(b) and Government Code sections 6700 and 6701. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Sections 2787, 3247, and 3248, Civil Code; Sections 12a and 12b, Code of Civil Procedure; Sections 6700, 6701, 11405.60 and 11405.70, Government Code; Sections 1720 et seq., 1722, 1722.1, 1726, 1741, 1742, 1742(b), 1771.5, 1771.6, 1771.6(b), and 1776, Labor Code; and 29 U.S.C. §175a. 17203. Computation of Time and Extensions of Time to Respond or Act. (a) In computing the time within which a right may be exercised or an act is to be performed, the first day shall be excluded and the last day shall be included. If the last day is not a Working Day, the time shall be extended to the next Working Day. (b) Unless otherwise indicated by proof of service, if the envelope was properly addressed, the mailing date shall be presumed to be: a postmark date imprinted on the envelope by the U.S. Postal Service if first-class postage was prepaid; or the date of delivery to a common carrier promising overnight delivery as shown on the carrier’s receipt. (c) Where service of any notice, decision, pleading or other document is by first class mail, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. However, this Rule shall not February 2, 2016`Official Minutes 245 extend the time within which the Director may reconsider or modify a decision to correct an error (other than a clerical error) under Labor Code section 1742(b). (d) Where service of any notice, pleading, or other document is made by an authorized method other than first class mailing, extensions of time to respond or act shall be calculated in the same manner as provided under section 1013 of the Code of Civil Procedure, unless a different requirement has been specified by the appointed Hearing Officer or by another provision of these Rules. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Sections 1010 through 1013, Code of Civil Procedure; and Section 1742(b), Labor Code. 17204. Appointment of Hearing Officers; Delegation of Appointment Authority to Chief Counsel. (a) Upon receipt of a Request for Review of an Assessment or of a Notice of Withholding of Contract Payments, the Director, acting through the Chief Counsel (see subpart (c) below), shall appoint an impartial Hearing Officer to conduct the review proceeding. (b) The appointed Hearing Officer shall be an attorney employed by the Office of the Director – Legal Unit. However, if no attorney employed by the Office of the Director – Legal Unit is available or qualified to serve in a particular matter, the appointed Hearing Officer may be any attorney or administrative law judge employed by the Department, other than an employee of the Division of Labor Standards Enforcement. (c) Any person appointed to serve as a Hearing Officer in any matter shall possess at least the minimum qualifications for service as an administrative law judge pursuant to Government Code section 11502(b) and shall be someone who is not precluded from serving under Government Code section 11425.30. (d) The Director’s authority under Labor Code section 1742(b) to appoint an impartial Hearing Officer, is delegated in all cases to the Chief Counsel of the Office of the Director or to the Chief Counsel’s designated Assistant or Acting Chief Counsel when the Chief Counsel is unavailable or disqualified from participating in a particular matter. This delegation includes all related authority under Rule 40 [Section 17240] below to appoint a different Hearing Officer to conduct all or any part of a review proceeding as well as the authority to consider and decide or to assign to another Hearing Officer for consideration and decision any motion to disqualify an appointed Hearing Officer. NOTE: Authority cited: Sections 7, 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Sections 11425.30 and 11502(b), Government Code; and Sections 7, 55, 59, and 1742(b), Labor Code. 17205. Authority of Hearing Officers. (a) In any proceeding assigned for hearing and decision under the provisions of Labor Code section 1742, the appointed Hearing Officer shall have full power, jurisdiction and authority to hold a hearing and ascertain facts for the information of the Director, to hold a prehearing conference, to issue a subpoena and subpoena duces tecum for the attendance of a Person and the production of testimony, books, documents, or other things, to compel the attendance of a Person residing anywhere in the state, to certify official acts, to regulate the course of a hearing, to grant a withdrawal, disposition or amendment, to order a continuance, to approve a stipulation voluntarily entered into by the Parties, to administer oaths and affirmations, to rule on objections, privileges, defenses, and the receipt of relevant and material evidence, to call and examine a Party or witness and introduce into the hearing record documentary or other evidence, to request a Party at any time to state the respective position or supporting theory concerning any fact or issue in the proceeding, to extend the submittal date of any proceeding, February 2, 2016`Official Minutes 246 to exercise such other and additional authority as is delegated to Hearing Officers under these Rules or by an express written delegation by the Director, and to prepare a recommended decision, including a notice of findings, findings, and an order for approval by the Director. (b) There shall be no right of appeal to or review by the Director of any decision, order, act, or refusal to act by an appointed Hearing Officer other than through the Director’s review of the record in issuing or reconsidering a written decision under Rules 60 [Section 17260] and 61 [Section 17261] below. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Section 11512, Government Code; and Section 1742(b), Labor Code. 17206. Access to Hearing Records. (a) Hearing case records shall be available for inspection and copying by the public, to the same extent and subject to the same policies and procedures governing other records maintained by the Department. Hearing case records normally will be available for review in the office of the appointed Hearing Officer; provided however, that a case file may be temporarily unavailable when in use by the appointed Hearing Officer or by the Director or his or her designee. (b) Nothing in this Rule shall authorize the disclosure of any record or exhibit that is required to be kept confidential or is otherwise exempt from disclosure by law or that has been ordered to be kept confidential by an appointed Hearing Officer. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Sections 6250 et seq. Government Code; and Section 1742(b), Labor Code. 17207. Ex Parte Communications. (a) Except as provided in this Rule, once a Request for Review is filed, and while the proceeding is pending, there shall be no direct or indirect communication regarding any issue in the proceeding to the appointed Hearing Officer or the Director, from the Enforcing Agency or any other Party or other interested Person, without notice and the opportunity for all Parties to participate in the communication. (b) A communication made on the record in the hearing is permissible. (c) A communication concerning a matter of procedure or practice is presumed to be permissible, unless the topic of the communication appears to the Hearing Officer to be controversial in the context of the specific case. If so, the Hearing Officer shall so inform the other participant and may terminate the communication or continue it until after giving all Parties notice and an opportunity to participate. Any written communication concerning a matter of procedure or practice, and any written response, or a written memorandum identifying the participants and stating the substance of any such oral communication or response, shall be added to the case file so that all Parties have a reasonable opportunity to review it. Unless otherwise provided by statute or these Rules, the appointed Hearing Officer may determine a matter of procedure or practice based upon a permissible ex-parte communication. The term “matters of procedure or practice” shall be liberally construed. (d) A communication from the Labor Commissioner to the Hearing Officer or the Director which is deemed permissible under Government Code section 11430.30 is permitted only if any such written communication and any written response, or a written memorandum identifying the participants and stating the substance of any such oral communication or response, is added to the case file so that all Parties have a reasonable opportunity to review it. (e) If the Hearing Officer or the Director receives a communication in violation of this Rule, he or she shall comply with the requirements of Government Code section 11430.50. February 2, 2016`Official Minutes 247 (f) To the extent not inconsistent with Labor Code section 1742, the provisions of Article 7 of Chapter 4.5 of Title 2, Division 3, Part 1 (commencing with section 11430.10) of the Government Code governing ex parte communications in administrative adjudication proceedings shall apply to review proceedings conducted under these Rules. (g) This Rule shall not be construed as prohibiting communications between the Director and the Labor Commissioner or between the Director and any other interested Person on issues or policies of general interest that coincide with issues involved in a pending review proceeding; provided that (1) the communication does not directly or indirectly seek to influence the outcome of any pending proceeding; (2) the communication does not directly or indirectly identify or otherwise refer to any pending proceeding; and (3) the communication does not occur at a time when the Director or the other party to the communication knows that a proceeding in which the other party to the communication is interested is under active consideration by the Director. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Sections 11430.10 through 11430.80, Government Code, and Section 1742(b), Labor Code. 17208. Intervention and Participation by other Interested Persons. (a) The Labor Commissioner may intervene as a matter of right in any review from a Notice of Withholding of Contract Payments, either as the Representative of the Awarding Body or as an interested third Party. (b) A bonding company and any Surety on a bond that secures the payment of wages covered by the Assessment or Notice of Withholding of Contract Payments shall be permitted to intervene as a matter of right in any pending review filed by the contractor or subcontractor from the Assessment or Withholding of Contract Payments in question; provided that, intervention is sought at or before the first prehearing conference held pursuant to Rule 31 [Section 17231] below and within either 30 days after the bonding company or Surety was served with a copy of the Assessment or Notice of Withholding of Contract Payments or 30 days after the filing of the Request for Review, whichever is later. Thereafter, any request to intervene by such a bonding company or Surety shall be treated as a motion for permissive participation under subpart (d) of this Rule. A bonding company or Surety shall have the burden of proof with respect to any claim that it did not receive notice of the Assessment or Notice of Withholding of Contract Payments until after the filing of the Request for Review. (c) The employee(s), labor union, or Joint Labor-Management Committee who filed the formal complaint which led the Enforcing Agency to issue the Assessment or Notice of Withholding of Contract payments shall be permitted to intervene in a pending review filed by the contractor or subcontractor from the Assessment or Withholding of Contract Payments in question; provided that, intervention is sought at or before the first prehearing conference held pursuant to Rule 31 [Section 17231] below and there is no good cause to deny the request. Thereafter, any request to intervene by such employee(s), labor union, or Joint Labor-Management Committee shall be treated as a motion for permissive participation as an interested Person under subpart (d) of this Rule. (d) Any other Person may move to participate as an interested Person in a proceeding in which that Person claims a substantial interest in the issues or underlying controversy and in which that Person’s participation is likely to assist and not hinder or protract the hearing and determination of the case by the Hearing Officer and the Director. Interested Persons who are permitted to participate under this Rule shall not be regarded as Parties to the proceeding for any purpose, but may be provided notices and the opportunity to present arguments under such terms as the Hearing Officer deems appropriate. (e) Rights to intervene or participate as an interested party are only in accordance with this Rule. Intervention or permissive participation under this Rule shall not expand the scope of issues under review nor shall it extend any rights or interests which have been forfeited as a February 2, 2016`Official Minutes 248 result of an Affected Contractor or Subcontractor’s own failure to file a timely Request for Review. The Hearing Officer may impose conditions on an intervener’s or other interested Person’s participation in the proceeding, including but not limited to those conditions specified in Government Code § 11440.50(c). (f) No Person shall be required to seek intervention in a review proceeding as a condition for pursuing any other remedy available to that Person for the enforcement of the prevailing wage requirements of Division 2, Part 7, Chapter 1 (starting with section 1720) of the Labor Code. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Section 11440.50(c), Government Code; and Sections 1720 et seq., 1741, 1742, and 1771.6, Labor Code. 17209. Representation at Hearing. (a) A Party may appear in person or through an authorized Representative, who need not be an attorney at law; however, a Party shall use the form Authorization for Representation by Non- Attorney [8 CCR 17209(b) (New 1/15/02)] to authorize representation by any non-attorney who is not an owner, officer, or managing agent of that Party. (b) Upon formal notification that a Party is being represented by a particular individual or firm, service of subsequent notices in the matter shall be made on the Representative, either in addition to or instead of the Party, unless and until such authorization is terminated or withdrawn by further written notice. Service upon an authorized Representative shall be effective for all purposes and shall control the determination of any notice period or the running of any time limit for the performance of any acts, regardless of whether or when such notice may also have been served directly on the represented Party. (c) An authorized Representative shall be deemed to control all matters respecting the interests of the represented Party in the proceedings. (d) Parties and their Representatives shall have a continuing duty to keep the appointed Hearing Officer and all other Parties to the proceeding informed of their current address and telephone number. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. 17210. Proper Method of Service. (a) Unless a particular method of service is specifically prescribed by statute or these Rules, service may be made by: (1) personal delivery; (2) priority or first class mailing postage prepaid through the U. S. Postal Service; (3) any other means authorized under Code of Civil Procedure section 1013; or (4) if authorized by the Hearing Officer pursuant to Rule 11 [Section 17211] below, by facsimile or other electronic means. (b) Service is complete at the time of personal delivery or mailing, or at the time of transmission as determined under Rule 11 [Section 17211] below. (c) Proof of service shall be filed with the document and may be made by: (1) affidavit or declaration of service; (2) written statement endorsed upon the document served and signed by the party making the statement; or (3) copy of letter of transmittal. (d) Service on a Party who has appeared through an attorney or other Representative shall be made upon such attorney or Representative. (e) In each proceeding, the Hearing Officer shall maintain an official address record, which shall contain the names and addresses of all Parties and their Representatives, agents, or attorneys of record. Any change or substitution in such information must be communicated promptly in writing to the Hearing Officer. The official address record may also include the names and February 2, 2016`Official Minutes 249 addresses of interested Persons who have been permitted to participate under Rule 08(d) [Section 17208]. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1013, Code of Civil Procedure; and Section 1742(b), Labor Code. 17211. Filing and Service of Documents by Facsimile or Other Electronic Means. (a) In individual cases the Hearing Officer may authorize the filing and service of documents by facsimile or by other electronic means, subject to reasonable restrictions on the time of transmission and the page length of any document or group of documents that may be transmitted by facsimile or other electronic means, and subject to any further requirements on the use of cover sheets or the subsequent filing and service of originals or hard copies of documents as the Hearing Officer deems appropriate. Filing and service by facsimile or other electronic means shall not be authorized under terms that substantially disadvantage any Party appearing or participating in the proceeding as a matter of right. A document transmitted by facsimile or other electronic means shall not be considered received until the next Working Day following transmission unless it is transmitted on a Working Day and the entire transmission is completed by no later than 4:00 p.m. Pacific Time. (b) Filings and service by facsimile or other electronic means shall not authorized or accepted as a substitute for another method of service that is required by statute or these Rules, unless the Party served has expressly waived its right to be served in the required manner. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. 17212. Administrative Adjudication Bill of Rights. (a) The provisions of the Administrative Adjudication Bill of Rights found in Article 6 of Chapter 4.5 of Title 2, Division 3, Part 1 (commencing with section 11425.10) of the Government Code shall apply to these review proceedings to the extent not inconsistent with a state or federal statute, a federal regulation, or a court decision which applies specifically to the Department. The enumeration of certain rights in these Rules may expand but shall not be construed as limiting the same or similar provision of the Administrative Adjudication Bill of Rights; nor shall the enumeration of certain rights in these Rules be construed as negating other statutory rights not stated. (b) Ex parte communications shall be permitted between the appointed Hearing Officer and the Director in accordance with Government Code section 11430.80(b). (c) The presentation or submission of any written communication by a Party or other interested Person during the course of a review proceeding shall be governed by the requirements of Government Code §11440.60 (b) and (c). (d) Unless otherwise indicated by express reference within the body of one of these Rules, the provisions of Chapter 5 of Title 2, Division 3, Part 1 (commencing with section 11500) of the Government Code shall not apply to these review proceedings. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 11415.20, 11425.10 et seq. and 11430.80(b), Government Code; and Section 1742(b), Labor Code. February 2, 2016`Official Minutes 250 ARTICLE 2. ASSESSMENT OR NOTICE AND REQUEST FOR REVIEW 17220. Service and Contents of Assessment or Notice of Withholding of Contract Payments. (a) An Assessment, a Notice of Withholding of Contract Payments, or a notice assessing penalties under Labor Code section 1776 shall be served on the contractor and subcontractor, if applicable, by first class and certified mail pursuant to the requirements of Code of Civil Procedure section 1013. A copy of the notice shall also be served by certified mail on any bonding company issuing a bond that secures the payment of the wages covered by the Assessment or Notice and to any Surety on a bond, if the identities of such companies are known or reasonably ascertainable. The identity of any Surety issuing a bond for the benefit of an Awarding Body as designated obligee, shall be deemed “known or reasonably ascertainable,” and the Surety shall be deemed to have received the notice required under this subpart if sent to the address appearing on the face of the bond. (b) An Assessment or Notice of Withholding of Contract Payments shall be in writing and shall include the following information: (1) a description of the nature of the violation and basis for the Assessment or Notice; and (2) the amount of wages, penalties, and forfeitures due, including a specification of amounts that have been or will be withheld from available contract payments, as well as all additional amounts that the Enforcing Agency has determined are due, including the amount of any liquidated damages that potentially may be awarded under Labor Code section 1742.1. (c) An Assessment or Notice of Withholding of Contract Payments shall also include the following information: (1) the name and address of the office to which a Request for Review may be sent; (2) information on the procedures for obtaining review of the Assessment or Withholding of Contract Payments; (3) notice of the Opportunity to Request a Settlement Meeting under Rule 21 [Section 17221] below; and (4) the following statement that shall appear in bold or another typeface that makes it stand out from the other text: Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order, which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1013, Code of Civil Procedure; and Sections 1741, 1742, 1743, 1771.6 and 1776, Labor Code. 17221. Opportunity for Early Settlement. (a) The Affected Contractor or Subcontractor may, within 30 days following the service of an Assessment or Notice of Withholding of Contract Payments, request a meeting with the Enforcing Agency for the purpose of attempting to settle the dispute regarding the Assessment or Notice. (b) Upon receipt of a timely written request for a settlement meeting, the Enforcing Agency shall afford the Affected Contractor or Subcontractor a reasonable opportunity to meet for such purpose. The settlement meeting may be held in person or by telephone and shall take place before expiration of the 60-day limit for filing a Request for Review under Rule 22 [Section 17222]. (c) Nothing herein shall preclude the Parties from meeting or attempting to settle a dispute after expiration of the time for making a request or after the filing of a Request for Review. February 2, 2016`Official Minutes 251 (d) Neither the making or pendency of a request for a settlement meeting, nor the fact that the Parties have met or have failed or refused to meet as required by this Rule shall serve to extend the time for filing a Request for Review under Rule 22 [Section 17222] below. (e) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, such a settlement meeting shall be admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, such a settlement meeting, other than a final settlement agreement, shall be admissible or subject to discovery in any administrative or civil proceeding. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742, 1742.1 and 1771.6, Labor Code. 17222. Filing of Request for Review. (a) Any Request for Review of an Assessment or of a Notice of Withholding of Contract Wages shall be transmitted in writing to the Enforcing Agency within 60 days after service of the Assessment or Notice. Failure to request review within 60 days shall result in the Assessment or the Withholding of Contract Wages becoming final and not subject to further review under these Rules. (b) A Request for Review shall be transmitted to the office of the Enforcing Agency designated on the Assessment or Notice of Withholding of Contract Payments from which review is sought. (c) A Request for Review shall be deemed filed on the date of mailing, as determined by the U.S. Postal Service postmark date on the envelope or the overnight carrier’s receipt in accordance with Rule 03(b) [Section 17203(b)] above, or on the date of receipt by the designated office of the Enforcing Agency, whichever is earlier. (d) An additional courtesy copy of the Request for Review may be served on the Department by mailing to the address specified in Rule 23 [Section 17223] below at any time on or after the filing of the Request for Review with the Enforcing Agency. The service of a courtesy copy on the Department shall not be effective for invoking the Director’s review authority under Labor Code section 1742; however, it may determine the time within which the hearing shall be commenced under Rule 41(a) [Section 17241(a)] below. (e) A Request for Review either shall clearly identify the Assessment or Notice from which review is sought, including the date of the Assessment or Notice, or it shall include a copy of the Assessment or Notice as an attachment. A Request for Review shall also set forth the basis upon which the Assessment or Notice is being contested. A Request for Review shall be liberally construed in favor of its sufficiency; however, the Hearing Officer may require the Party seeking review to provide a further specification of the issues or claims being contested and a specification of the basis for contesting those matters. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742 and 1771.6(a), Labor Code. 17223. Transmittal of Request for Review to Department. Within ten (10) days followings its receipt of a Request for Review, the Enforcing Agency shall transmit to the Office of the Director – Legal Unit, the Request for Review and copies of the Assessment or Notice of Withholding of Contract Wages, any Audit Summary that accompanied the Assessment or Notice, and a Proof of Service or other document showing the name and address of any bonding company or Surety entitled to notice under Rule 20(a) [Section 17220(a)] above. The Enforcing Agency shall transmit these items to the following address. Department of Industrial Relations Office of the Director - Legal Unit Attention: Lead Hearing Officer P.O. Box 420603 San Francisco, CA 94142-0603 February 2, 2016`Official Minutes 252 NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742(a) and 1771.6(a), Labor Code. 17224. Disclosure of Evidence. (a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the Affected Contractor or Subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing on the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the Affected Contractor or Subcontractor the option, at the Affected Contractor or Subcontractor’s own expense, to either (A) obtain copies of all such evidence through a commercial copying service or (B) inspect and copy such evidence at the office of the Enforcing Agency during normal business hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the Affected Contractor or Subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the Affected Contractor or Subcontractor. The Enforcing Agency’s failure to make evidence available for review as required by Labor Code section 1742(b) and this Rule, shall preclude the Enforcing Agency from introducing such evidence in proceedings before the Hearing Officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the Affected Contractor or Subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another Party in the proceeding. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742(b) and 1771.6, Labor Code. 17225. Withdrawal of Request for Review; Reinstatement. (a) An Affected Contractor or Subcontractor may withdraw a Request for Review by written notification at any time before a decision is issued or by oral motion on the hearing record. The Hearing Officer may grant such withdrawal by letter, order or decision served on the Parties. (b) For good cause, a Request for Review so dismissed may be reinstated by the Hearing Officer or the Director upon a showing that the withdrawal resulted from misinformation given by the Enforcing Agency or otherwise from fraud or coercion. A motion for reinstatement must be filed within 60 days of service of the letter, order or decision granting withdrawal of the Request for Review or, in the event of fraud which could not have been suspected or discovered with the exercise of reasonable diligence, within 60 days of discovery of such fraud. The motion shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the declarant. (c) Notwithstanding any application or showing made under subpart (b) of this Rule, neither the Hearing Officer nor the Director may reinstate any Request for Review where the underlying February 2, 2016`Official Minutes 253 Assessment or Withholding of Contract Payments has become final and entered as a court judgment. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742 and 1771.6, Labor Code. 17226. Dismissal or Amendment of Assessment or of Notice of Withholding of Contract Payments. (a) Upon motion to the appointed Hearing Officer, an Enforcing Agency may dismiss or amend an Assessment or Notice of Withholding of Contract Payments as follows: (1) An Assessment or Notice of Withholding may be dismissed or amended to eliminate or reduce all or part of any claim for wages, damages, or penalties that has been satisfied or that is not warranted under the facts and circumstances of the case or to conform to an order of the Hearing Officer or the Director. (2) An Assessment or Notice of Withholding may be amended to eliminate a claim for penalties as to the affected contractor upon a determination that the affected contractor is not liable for same under either Labor Code section 1775(b) [subcontractor’s failure to pay prevailing rate] or Labor Code section 1776 (g) [failure to comply with request for certified payroll records]. (3) For good cause, an Assessment or Notice of Withholding of Contract Payments may be amended to revise or increase any claim for wages, damages, or penalties based upon a recomputation or the discovery of new evidence subsequent to the issuance of the original Assessment or Notice. (b) The Hearing Officer shall grant any motion to dismiss or amend an Assessment or Notice of Withholding downward under subparts (a)(1) or (a)(2) absent a showing that such dismissal or amendment will result in the forfeiture of substantial substantive rights of another Party to the proceeding. The Hearing Officer may grant a motion to amend an Assessment or Notice of Withholding upward under subpart (a)(3) under such terms as are just, including where appropriate the extension of an additional opportunity for early settlement under Rule 21 [Section 17221]. Unless the Hearing Officer determines otherwise, an amended Assessment or Notice of Withholding shall be deemed fully controverted without need for filing an additional or amended Request for Review. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742, 1771.6, 1775(b) and 1776(g), Labor Code. 17227. Early Disposition of Untimely Assessment, Withholding, or Request for Review. (a) Upon the application of any Party or upon his or her own motion, the appointed Hearing Officer may issue an Order to Show Cause why an Assessment, a Withholding of Contract Payments, or a Request for Review should not be dismissed as untimely under the relevant statute. (b) An Order to Show Cause issued under subpart (a) of this Rule shall be served on all Parties who have appeared or been served with any prior notice in the matter and shall provide the Parties with at least 10 days to respond in writing to the Order to Show Cause and an additional 5 days following the service of such responses to reply to any submission by any other Party. Evidence submitted in support or opposition to an Order to Show Cause shall be by affidavit or declaration under penalty of perjury. There shall be no oral hearing on an Order to Show Cause issued under this Rule unless requested by a Party or by the Hearing Officer. (c) After the time for submitting responses and replies to the Order to Show Cause has passed or after the oral hearing, if any, the Hearing Officer may do one of the following: (1) recommend that the Director issue a decision setting aside the Assessment or Withholding of Contract February 2, 2016`Official Minutes 254 Payments or dismissing the Request for Review as untimely under the statute; (2) find the Assessment, Withholding, or Request for Review timely and direct that the matter proceed to hearing on the merits; or (3) reserve the timeliness issue for further consideration and determination in connection with the hearing on the merits. (d) A decision by the Director which sets asides an Assessment or Withholding of Contract Payments or which dismisses a Request for Review as untimely shall be subject to reconsideration and to judicial review in the same manner as any other Final Order or Decision of the Director. A determination by the Hearing Officer that the Assessment, Withholding, or Request for Review was timely or that the timeliness issue should be reserved for further consideration and determination in connection with the hearing on the merits shall not be subject to appeal or review except as part of any reconsideration or appeal from the Decision of the Director made after the hearing on the merits. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1741, 1742, 1771.5 and 1771.6, Labor Code. 17228. Finality of Assessment or of Withholding of Contract Payments When No Timely Request for Review is Filed; Authority of Awarding Body to Disburse Withheld Funds. (a) Upon the failure of an Affected Contractor or Subcontractor to file a timely Request for Review under Labor Code section 1742(a) and Rule 22(a) [Section 17222(a)] above, the Assessment or Notice of Withholding of Contract Payments shall become a “final order” as to the Affected Contractor or Subcontractor that the Labor Commissioner may certify and file with the superior court in accordance with Labor Code section 1742(d). (b) Where an Assessment or Notice of Withholding of Contract Payments has become final as to at least one but not as to every Affected Contractor or Subcontractor, the Awarding Body shall continue to withhold and retain the amounts required to satisfy any wages and penalties at stake in a review proceeding initiated by any other Affected Contractor or Subcontractor until there is a final order in that proceeding that is no longer subject to judicial review. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1727, 1742 and 1771.6, Labor Code. 17229. Finality of Notice of Withholding of Contract Payments; Authority of Awarding Body to Recover Additional Funds. Where a Notice of Withholding of Contract Payments seeks to recover wages, penalties, or damages in excess of the amounts withheld from available contract payments (see Rule 20(b)(2) [Section 17220(b)(2)] above), an Awarding Body may recover any excess amounts that become or remain due when the Notice of Withholding of Contract Payments has become final under Labor Code section 1771.6. To recover the excess amounts, the Awarding Body shall transmit to the Labor Commissioner the Notice together with any decision of the Director or court that has become final and not subject to further review. The Labor Commissioner in turn shall certify and file the final order with the superior court in accordance with Labor Code section 1742(d). NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742(d) and 1771.6, Labor Code. February 2, 2016`Official Minutes 255 ARTICLE 3. PREHEARING PROCEDURES 17230. Scheduling of Hearing; Continuances and Tolling. (a) The appointed Hearing Officer shall establish the place and time of the hearing on the merits, giving due consideration to the needs of all Parties and the statutory time limits for hearing and deciding the matter. Parties are encouraged to communicate scheduling needs to the Hearing Officer and all other Parties at the earliest opportunity. It shall not be a violation of Rule 07 [Section 17207]’s prohibition on ex parte communications for the Hearing Officer or his or her designee to communicate with Parties individually for purposes of clearing dates and times and proposing locations for the hearing. The Hearing Officer may also conduct a prehearing conference by telephone or any other expeditious means for purposes of establishing the time and place of the hearing. (b) Once a hearing date is set, a request for a continuance that is not joined in by all other Parties or that is for more than 30 days will not be granted absent a showing of extraordinary circumstances, giving due regard to the potential prejudice to other Parties in the case and other Persons affected by the matter under review. Absent an enforceable waiver (see subpart (d) below), no continuance will be granted nor any proceeding otherwise delayed if doing so is likely to prevent the Hearing Officer from commencing the hearing on the matter within the statutory time limit. (c) A request for a continuance that is for 30 days or less and is joined by all Parties shall be granted upon a showing of good cause. Notwithstanding subpart (b) above, a unilateral request for a continuance made by the Party who filed the Request for Review shall be granted upon a showing of good cause if the new date for commencing the hearing is no more than 150 days after the date of service of the Assessment or Notice of Withholding of Contract Payments. (d) If a Party makes or joins in any request that would delay or otherwise extend the time for hearing or deciding a review proceeding beyond any prescribed time limit, such request shall also be deemed a waiver by that Party of that time limit. (e) The time limits for hearing and deciding a review proceeding shall also be deemed tolled (1) when proceedings are suspended to seek judicial enforcement of a subpoena or other order to compel the attendance, testimony, or production of evidence by a necessary witness; (2) when the proceedings are stayed or enjoined by any court order; (3) between the time that a proceeding is dismissed and then ordered reinstated under Rule 25 [Section 17225] above; (4) upon the order of a court reinstating or requiring rehearing of the merits of a proceeding; or (5) during the pendency of any other cause beyond the Director’s direct control (including but not limited to natural disasters, temporary unavailability of a suitable hearing facility, or absence of budget authority) that prevents the Director or any appointed Hearing Officer from carrying out his or her responsibilities under these Rules. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. 17231. Prehearing Conference. (a) Upon the application of any Party or upon his or her own motion, the appointed Hearing Officer may conduct a prehearing conference for any purpose that may expedite or assist the preparation of the matter for hearing or the disposition of the Request for Review. The prehearing conference may be conducted by telephone or other means that is convenient to the Hearing Officer and the Parties. (b) The Hearing Officer shall provide reasonable advance notice of any prehearing conference conducted pursuant to this Rule. The Notice shall advise the Parties of the matters which the February 2, 2016`Official Minutes 256 Hearing Officer intends to cover in the prehearing conference, but the failure of the Notice to enumerate some matter shall not preclude its discussion or consideration at the conference. (c) With or without a prehearing conference, the Hearing Officer may issue such procedural Orders as are appropriate for the submission of evidence or briefs and conduct of the hearing, consistent with the substantial rights of the affected Parties. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 11511.5, Government Code; and section 1742(b), Labor Code. 17232. Consolidation and Severance. (a) The Hearing Officer may consolidate for hearing and decision any number of proceedings where the facts and circumstances are similar and consolidation will result in conservation of time and expense. Where the Hearing Officer proposes to consolidate proceedings on his or her own motion, the Parties shall be given reasonable notice and an opportunity to object before consolidation is ordered. (b) The Hearing Officer may sever consolidated proceedings for good cause. NOTE: Authority cited: sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: section 11507.3, Government Code, and section 1742(b), Labor Code. 17233. Prehearing Motions; Cut Off Date. (a) Any motion made in advance of the hearing on the merits, any opposition thereto, and any further reply shall be in writing and directed to the appointed Hearing Officer. No particular format shall be required; however, the following information shall appear prominently on the first page: (1) the case name (i.e., names of the Parties); (2) any assigned case number; (3) the name of the Hearing Officer to whom the paper is being submitted; (4) the identity of the Party submitting the paper; (5) the nature of the relief sought; and (6) the scheduled date, if any, for the hearing on the merits of the Request for Review. The motion shall also include a Proof of Service, as defined in Rule 10 [Section 17210] above, showing that copies have been served on all other Parties to the proceeding. (b) Prehearing motions shall be served and filed no later than 20 days prior to the hearing on the merits of the Request for Review. Any opposition shall be served and filed no later than 10 days after service of the motion or at least 7 days prior to the hearing on the merits, whichever is earlier. The Hearing Officer may in his or her discretion decide the motion in writing in advance of the hearing on the merits or reserve the matter for further consideration and determination at the hearing on the merits. (c) There shall be no right to a separate oral hearing on any prehearing motion, except in those instances in which an oral hearing has been specially requested by a Party or the Hearing Officer and in which the enforcement or forfeiture of a fundamental right is at stake. When the Hearing Officer determines that such an oral hearing is necessary or appropriate, it may be conducted by telephone or other manner that is convenient to the Parties. (d) With the exception of timeliness challenges under Rule 27 [Section 17227], prehearing motions which seek to dispose of a Request for Review or any related claim or defense are disfavored and ordinarily will not be considered prior to the hearing on the merits. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. 17234. Evidence by Affidavit or Declaration. (a) At any time 20 or more days prior to commencement of a hearing, a Party may serve upon all other Parties a copy of any affidavit or declaration which the proponent proposes to introduce February 2, 2016`Official Minutes 257 in evidence, together with a notice as provided in subpart (b). Unless another Party, within 10 days after service of such notice, delivers to the proponent a request to cross-examine the affiant or declarant, the right to cross-examine such affiant or declarant is waived and the affidavit or declaration, if introduced in evidence, shall be given the same effect as if the affiant or declarant had testified in person. If an opportunity to cross-examine an affiant or declarant is not afforded after request therefore is made as herein provided, the affidavit or declaration may be introduced in evidence, but shall be given only the same effect as other hearsay evidence. (b) The notice referred to in subpart (a) shall be substantially in the following form with the appropriate information inserted in the places enclosed by brackets: "The accompanying affidavit or declaration of [name of affiant or declarant] will be introduced as evidence at the hearing in [title and other information identifying the proceeding]. [Name of affiant or declarant] will not be called to testify orally, and you will not be entitled to question the affiant or declarant unless you notify [name of the proponent, Representative, agent or attorney] at [address] that you wish to cross-examine the affiant or declarant. Your request must be mailed or delivered to [name of proponent, Representative, agent or attorney] on or before [specify date at least 10 days after anticipated date of service of this notice on the other Parties]." (c) If a timely request is made to cross-examine an affiant or declarant under this Rule, the burden of producing that witness at the hearing shall be upon the proponent of the witness. If the proponent fails to produce the witness, the affidavit or declaration may be introduced in evidence, but shall be given only the same effect as other hearsay evidence under Rule 44 [Section 17244]. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Rule 1613, California Rules of Court; Section 11514, Government Code; and Section 1742(b), Labor Code. 17235. Subpoena and Subpoena Duces Tecum. (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for the production of documents at any reasonable time and place or at a hearing. (b) Subpoenas and subpoenas duces tecum shall be issued by the Hearing Officer at the request of a Party, or by the attorney of record for a Party, in accordance with sections 1985 to 1985.6, inclusive, of the Code of Civil Procedure. The burden of serving a subpoena that has been issued by the Hearing Officer shall be upon the Party who requested the subpoena. (c) Service of subpoenas and subpoenas duces tecum, objections thereto, and mileage and witness fees shall be governed by the provisions of Government Code sections 11450.20 through 11450.40. (d) Subpoenas and subpoenas duces tecum shall be enforceable through the Contempt and Monetary Sanctions provision set forth in Rule 47 [Section 17247] below. A Party aggrieved by the failure or refusal of any witness to obey a subpoena or subpoena duces tecum shall have the burden of showing to the satisfaction of the Hearing Officer that the subpoena or subpoena duces tecum was properly issued and served and that the testimony or evidence sought was necessary to prove or disprove a significant claim or defense in the proceeding. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1985-1988, Code of Civil Procedure; Section 1563, Evidence Code; Sections 11450.20- 11455.30, Government Code; and Section 1742(b), Labor Code. 17236. Written Notice to Party in Lieu of Subpoena. (a) In the case of the production of a Party of record in the proceeding or of a Person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena upon any such February 2, 2016`Official Minutes 258 witness is not required if written notice requesting the witness to attend, with the time and place of the hearing, is served on the attorney of the Party or Person. For purposes of this Rule, a Party of record in the proceeding or Person for whose benefit a proceeding is prosecuted or defended includes an officer, director, or managing agent of any such Party or Person. (b) Service of written notice to attend under this Rule shall be made in the same manner and subject to the same conditions provided in section 1987 of the Code of Civil Procedure for service of written notice to attend in a civil action or proceeding. (c) The Hearing Officer shall have authority under Rule 47 [Section 17247] below to sanction a Party who fails or refuses to comply with a written notice to attend that meets the requirements of this Rule and has been timely served in accordance with section 1987 of the Code of Civil Procedure. However, the Hearing Officer may not initiate contempt proceedings against the witness for failing to appear based solely on non-compliance with a written notice to attend served on the Party’s attorney. A Party seeking sanctions for another Party’s failure or refusal to comply with a written notice to attend shall have the burden of showing to the satisfaction of the Hearing Officer that the written notice to attend was properly issued and timely served and that the testimony or evidence sought was necessary to prove or disprove a significant claim or defense in the proceeding. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1987, Code of Civil Procedure; Sections 11450.50-11455.30, Government Code; and Section 1742(b), Labor Code. 17237. Depositions and Other Discovery. (a) There shall be no right to take oral depositions or obtain any other form of discovery that is not expressly authorized under these Rules. (b) Oral depositions may be conducted only by stipulation of all Parties to the proceedings or by order of the appointed Hearing Officer upon a showing of substantial good cause. Oral depositions will be permitted only for purposes of obtaining the testimony of witnesses who are likely to be unavailable to testify at the hearing. (c) Nothing in this Rule shall preclude the use of deposition testimony or other evidence obtained in separate proceedings, if such evidence is otherwise relevant and admissible. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1987, Code of Civil Procedure; Sections 11450.50-11455.30, Government Code; and Section 1742(b), Labor Code. ARTICLE 4. HEARINGS 17240. Notice of Appointment of Hearing Officer; Objections. (a) Notice of the Appointment of a Hearing Officer under Rule 04 [Section 17204] above shall be provided to the Parties as soon as practicable and no later than when the matter is noticed for a prehearing conference or hearing. (b) The Director may appoint a different Hearing Officer to conduct and hear the review or to conduct and dispose of any preliminary or procedural matter in a given case. (c) A Party wishing to object to the appointment of a particular Hearing Officer, including for any one or more of the grounds specified in sections 11425.30 and 11425.40 of the Government Code or section 1742(b) of the Labor Code, shall within 10 days after receiving notice of the appointment and no later than the start of any hearing on the merits, whichever is earlier, file a motion to disqualify the appointed Hearing Officer together with a supporting affidavit or declaration. The motion shall be filed with the Chief Counsel of the Office of the Director at the address indicated in Rule 23 [Section 17223] above. Notwithstanding the foregoing time limits, February 2, 2016`Official Minutes 259 if a Party subsequently discovers facts constituting grounds for the disqualification of the appointed Hearing Officer, including but not limited to that the Hearing Officer has received a prohibited ex parte communication in the pending case, the motion shall be filed as soon as practicable after the facts constituting grounds for disqualification are discovered. (d) Upon receipt of a motion to disqualify the appointed Hearing Officer, the Director may: (1) consider and decide the motion or appoint another Hearing Officer to consider and decide the motion, in which case the challenged Hearing Officer shall first be given an opportunity to respond to the motion, but no proceedings shall be conducted by the challenged Hearing Officer until the motion is determined; or (2) appoint another Hearing Officer to hear the Request for Review, in which case the motion shall be deemed moot. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 170.3(c)(1), Code of Civil Procedure; Sections 11425.30 and 11425.40, Government Code; and Section 1742(b), Labor Code. 17241. Time and Place of Hearing. (a) A hearing on the merits of a timely Request for Review shall be commenced within 90 days after the date it is received by the Office of the Director. The hearing shall be conducted at a suitable location within the county where the appointed Hearing Officer maintains his or her regular office, unless the hearing is moved to a different county in accordance with subpart (b) below. (b) Upon the agreement of the Parties or upon a showing of good cause by either the Party who filed the Request for Review or the Enforcing Agency, the hearing shall be conducted at a suitable location within either (1) the county where a majority of the subject public works employment was performed, or (2) any other county that is proximate to or convenient for the Parties and necessary witnesses. (c) A suitable location under this section means one that is open and accessible to members of the public and which includes appropriate facilities for the recording of testimony. Any facility that is regularly used by any state agency or by the Awarding Body for public hearings and that will reasonably accommodate the anticipated number of Parties and witnesses involved in the proceeding, is presumed suitable in the absence of a contrary showing. Parties seeking to change the location of a hearing under subpart (b) shall make reasonable efforts to identify, agree upon, and arrange for the availability of a suitable location within a county specified in subpart (b)(1) or (b)(2). NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 11425.20, Government Code; and Section 1742(b), Labor Code. 17242. Open Hearing; Confidential Evidence and Proceedings; and Exclusion of Witnesses. (a) Subject to the qualifications set forth below, the hearing shall be open to the public. If all or part of the hearing is conducted by telephone, television, or other electronic means, the Hearing Officer shall conduct the hearing from a location where members of the public may be physically present, and members of the public shall also have a reasonable right of access to the hearing record and any transcript of the proceedings. (b) Notwithstanding the provisions of subpart (a), the Hearing Officer may order closure of a hearing or make other protective orders to the extent necessary to: (1) preserve the confidentiality of information that is privileged, confidential, or otherwise protected by law; (2) ensure a fair hearing in the circumstances of the particular case; or (3) protect a minor witness or a witness with a developmental disability from intimidation or other harm, taking into account the rights of all persons. February 2, 2016`Official Minutes 260 (c) Upon motion of any Party or upon his or her own motion, the Hearing Officer may exclude from the hearing room any witnesses not at the time under examination. However, a Party to the proceeding and the Party’s Representative shall not be excluded. (d) This section does not apply to any prehearing or settlement conference. NOTE: Authority cited: Sections 55, 59, 1742(b), and 1773.5, Labor Code. Reference: Section 777, Evidence Code, Section 11425.20, Government Code, and Section 1742(b), Labor Code. 17243. Conduct of Hearing. (a) Testimony shall be taken only on oath or affirmation under penalty of perjury. (b) Every Party shall have the right to call and examine witnesses; to introduce exhibits; to question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which Party first called the witness to testify; and to rebut any opposing evidence. A Party may be called by an opposing Party and examined as if under cross-examination, whether or not the Party called has testified or intends to testify on his or her own behalf. (c) The Hearing Officer may call and examine any Party or witness and may on his or her own motion introduce exhibits. (d) The Hearing Officer shall control the taking of evidence and other course of proceedings in a hearing and shall exercise that control in a manner best suited to ascertain the facts and safeguard the rights of the Parties. Prior to taking evidence, the Hearing Officer shall define the issues and explain the order in which evidence will be presented; provided that, for good cause the Hearing Officer later may vary the order of presentation as circumstances warrant. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 11513, Government Code; and Section 1742(b), Labor Code. 17244. Evidence Rules; Hearsay. (a) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. (b) The rules of privilege shall be recognized to the same extent and applied in the same manner as in the courts of this state. (c) The Hearing Officer may exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time. (d) Hearsay evidence is admissible but shall not be sufficient in itself to support a finding unless it either would be admissible over objection in a civil action or no Party raises an objection to such use. Unless previously waived, an objection or argument that evidence is insufficient in itself to support a finding because of its hearsay character shall be timely if presented at any time before submission of the case for decision. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 11513, Government Code; and Section 1742(b), Labor Code. 17245. Official Notice. (a) A Hearing Officer may take official notice of (1) the Director’s General Prevailing Wage Determinations, the Director’s Precedential Coverage Decisions, and wage data, studies, and reports issued by the Division of Labor Statistics and Research; (2) any other generally accepted technical fact within the fields of labor and employment that are regulated by the February 2, 2016`Official Minutes 261 Director under Divisions 1, 2, and 3 of the Labor Code; and (3) any fact which either must or may be judicially noticed by the courts of this state under Evidence Code sections 451 and 452. (b) The Parties participating in a hearing shall be informed of those matters as to which official notice is proposed to be taken and given a reasonable opportunity to show why and the extent to which official notice should or should not be taken. (c) The Hearing Officer or the Director shall state in a decision, order, or on the record the matters as to which official notice has been taken. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 51, 452 and 455, Evidence Code; Section 11515, Government Code; and Section 1742(b), Labor Code. 17246. Failure to Appear; Relief from Default. (a) Upon the failure of any Party to appear at a duly noticed hearing, the Hearing Officer may proceed in that Party’s absence and may recommend whatever decision is warranted by the available evidence, including any lawful inferences that can be drawn from an absence of proof by the non-appearing Party. (b) For good cause and under such terms as are just, the appointed Hearing Officer or the Director may relieve a Party from the effects of any failure to appear and order that a review proceeding be reinstated or reheard. A Party seeking relief from non-appearance shall file a written motion at the earliest opportunity and no later than 10 days following a proceeding of which the Party had actual notice. Such application shall be supported by an affidavit or declaration based on the personal knowledge of the declarant, and copies of the application and any supporting materials shall be served on all other Parties to the proceeding. No application shall be granted unless and until the other Parties have been afforded a reasonable opportunity to make a showing in opposition. An Order reinstating a proceeding or granting a rehearing under this section may be conditioned upon providing reimbursement to the Department and the other Parties for the costs associated with the prior non-appearance. (c) Notwithstanding any application or showing made under subpart (b) of this Rule, neither the Hearing Officer nor the Director may reinstate any Request for Review where the underlying Assessment or Withholding of Contract Payments has become final and entered as a court judgment. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 473, Code of Civil Procedure; and Section 1742(b), Labor Code. 17247. Contempt and Monetary Sanctions. (a) If any Person in proceedings before an appointed Hearing Officer disobeys or resists any lawful order or refuses, without substantial justification, to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, or violates the prohibition against ex parte communications under Rule 07 [Section 17207] above, the Hearing Officer may do any one or more of the following: (1) certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code section 11455.20; (2) exclude the Person from the hearing room; (3) prohibit the Person from testifying or introducing certain matters in evidence; and/or (4) establish certain facts, claims, or defenses if the Person in contempt is a Party. (b) Either the appointed Hearing Officer by separate order or the Director in his or her decision may order a Party, the Party's authorized Representative, or both, to pay reasonable expenses, including attorney's fees, incurred by another Party as a result of bad faith actions or tactics that February 2, 2016`Official Minutes 262 are frivolous or solely intended to cause unnecessary delay as defined in section 128.5 of the Code of Civil Procedure. Such order or the denial of such an order shall be subject to judicial review in the same manner as a decision of the Director on the merits. The order shall be enforceable in the same manner as a money judgment or by the contempt sanction. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 128.5, Code of Civil Procedure; Sections 11455.10-11455.30, Government Code; and Section 1742(b), Labor Code. 17248. Interpreters. (a) Proceedings shall be conducted in the English language. The notice advising a Party of the hearing date shall also include notice of the Party’s right to request an interpreter for a Party or witness who cannot speak or understand English, or who can do so only with difficulty, or who is deaf or hearing impaired as defined under Evidence Code section 754. (b) A request for an interpreter for a Party or witness shall be submitted as soon as possible after the requesting Party becomes aware of the need for an interpreter and prior to the commencement of the hearing. The request should include information that (1) will enable the Hearing Officer and Department to obtain an interpreter with appropriate skills; and (2) will assist the Hearing Officer in determining whether the Department or the requesting Party should pay for the cost of the interpreter. (c) Upon receipt of a timely request, the Hearing Officer shall direct the Department to provide an interpreter and shall also decide whether the Department or the requesting Party shall pay the cost of the interpreter, based upon an equitable consideration of all the circumstances, including the requesting Party’s ability to pay. (d) A person is qualified to serve as an interpreter if he or she (1) is on the current State Personnel Board List of Certified Administrative Hearing Interpreters maintained pursuant to Government Code section 11435.25; and (2) has also been examined and determined by the Department to be sufficiently knowledgeable of the terminology and procedures generally used in these proceedings. (e) In the event that a qualified interpreter under subpart (d) is unavailable or if there are no certified interpreters for the language in which assistance is needed, the Hearing Officer may qualify and appoint another interpreter to serve as needed in a single hearing or case. (f) Before appointment of an interpreter, the Hearing Officer or a Party may conduct a brief supplemental examination of the prospective interpreter to see if that person has the qualifications necessary to serve as an interpreter, including whether he or she understands terms and procedures generally used in these proceedings, can explain those terms and procedures in English and the other language being used, and can interpret those terms and procedures into the other language. An interpreter shall not have had any prior substantive involvement in the matter under review, and shall disclose to the Hearing Officer and the Parties any actual conflict of interest or appearance of conflict. Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. A conflict may exist if an interpreter is an employee of, acquainted with, or related to a Party or witness to the proceeding, or if an interpreter has an interest in the outcome of the proceeding. (g) The Hearing Officer shall disqualify an interpreter if the interpreter cannot understand and interpret the terms and procedures used in the hearing or prehearing conference, has disclosed privileged or confidential communications, or has engaged in conduct which, in the judgment of the Hearing Officer, creates an appearance of bias, prejudice, or partiality. (h) Nothing in this section limits any further rights extended by Evidence Code section 754 to a Party or witness who is deaf or hard of hearing. February 2, 2016`Official Minutes 263 NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 754, Evidence Code; Sections 11435.05-11435.65, and 68560-68566, Government Code; and Section 1742(b), Labor Code. 17249. Hearing Record; Recording of Testimony and other Proceedings. (a) The Hearing Officer and the Director shall maintain an official record of all proceedings conducted under these Rules. In the absence of a determination under subpart (b) below, all testimony and other proceedings at any hearing shall be recorded by audiotape. Recorded testimony or other proceedings need not be transcribed unless requested for purposes of further court review of a decision or order in the same case. (b) Upon the application of any Party or upon his or her own motion, the Hearing Officer may authorize the use of a certified court reporter, videotape, or other appropriate means to record the testimony and other proceedings. Any application by a Party under this subpart shall be made at a prehearing conference or by prehearing motion filed no later than 10 days prior to the scheduled date of hearing. Upon the granting of any such application, it shall be the responsibility of the Party or Parties who made the application to procure and pay for the services of a qualified person and any additional equipment needed to record the testimony and proceedings by the requested means. Ordinarily the granting of such application will be conditioned on the applicant’s paying for certified copies of the transcript for the official record and for the other Parties. The failure of a requesting Party to comply with this requirement shall not be cause for delaying the hearing on the merits, but instead shall result in the proceedings being tape recorded in accordance with subpart (a). (c) The Parties may, at their own expense, arrange for the recording of testimony and other proceedings through a different means other than the one authorized by the Hearing Officer, provided that it does not in any way interfere with the Hearing Officer’s control and conduct of the proceedings, and further provided that, it shall not be regarded as an official record for any purpose absent a stipulation by all of the Parties or order of the Hearing Officer. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. 17250. Burdens of Proof on Wages and Penalties. (a) The Enforcing Agency has the burden of coming forward with evidence that the Affected Contractor or Subcontractor (1) was served with an Assessment or Notice of Withholding of Contract Payments in accordance with Rule 20 [Section 17220]; (2) was provided a reasonable opportunity to review evidence to be utilized at the hearing in accordance with Rule 24 [Section 17224]; and (3) that such evidence provides prima facie support for the Assessment or Withholding of Contract Payments. (b) If the Enforcing Agency meets its initial burden under (a), the Affected Contractor or Subcontractor has the burden of proving that the basis for the Civil Wage and Penalty Assessment or for the Withholding of Contract Payments is incorrect. (c) With respect to any civil penalty established under Labor Code section 1775, the Affected Contractor or Subcontractor shall have the burden of proving that the Labor Commissioner abused his or her discretion in determining that a penalty was due or in determining the amount of the penalty. (d) All burdens of proof and burdens of producing evidence shall be construed in a manner consistent with relevant sections of the Evidence Code, and the quantum of proof required to establish the existence or non-existence of any fact shall be by a preponderance of the evidence, unless a higher standard is prescribed by law. February 2, 2016`Official Minutes 264 NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 500, 502, and 550, Evidence Code; and Sections 1742(b) and 1775, Labor Code. 17251. Liquidated Damages. (a) With respect to any liquidated damages for which an Affected Contractor, Subcontractor, or Surety on a bond becomes liable under Labor Code section 1742.1, the Enforcing Agency shall have a further burden of coming forward with evidence to show the amount of wages that remained unpaid as of 60 days following the service of the Assessment or Notice of Withholding of Contract Payments. The Affected Contractor or Subcontractor shall have the burden of demonstrating that he or she had substantial grounds for believing the Assessment or Notice to be in error. (b) To demonstrate “substantial grounds for believing the Assessment or Notice to be in error,” the Affected Contractor or Subcontractor must establish (1) that it had a reasonable subjective belief that the Assessment or Notice was in error; (2) that there is an objective basis in law and fact for the claimed error; and (3) that the claimed error is one that would have substantially reduced or eliminated any duty to pay additional wages under the Assessment or Notice. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742(b), 1742.1 and 1773.5, Labor Code. 17252. Oral Argument and Briefs. (a) Parties may submit prehearing briefs of reasonable length under such conditions as the appointed Hearing Officer shall prescribe. Parties shall also be permitted to present a closing oral argument of reasonable length at or following the conclusion of the hearing. (b) There shall be no automatic right to file a post-hearing brief. However, the Hearing Officer may permit the Parties to submit written post-hearing briefs, under such terms as are just. The Hearing Officer shall have discretion to determine, among other things, the length and format of such briefs and whether they will be filed simultaneously or on a staggered (opening, response, and reply) basis. (c) In addition to or as an alternative to post-hearing briefs, the Hearing Officer may also prepare proposed findings or a tentative decision or may designate a Party to prepare proposed findings and thereafter give the Parties a reasonable opportunity to present arguments in support of or opposition to any proposed findings or tentative decision prior to the issuance of a decision by the Director under Rule 60 [Section 17260] below. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. 17253. Conclusion of Hearing; Time for Decision. (a) The hearing shall be deemed concluded and the matter submitted either upon the completion of all testimony and post-hearing arguments or upon the expiration of the last day for filing any post-hearing brief or other authorized submission, whichever is later. Thereafter, the Director shall have 45 days within which to issue a written decision affirming, modifying, or dismissing the Assessment or the Withholding of Contract Wages. (b) For good cause, the Hearing Officer may vacate the submission and reopen the hearing for the purpose of receiving additional evidence or argument, in which case the time for the Director to issue a written decision shall run from the date of resubmission. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. February 2, 2016`Official Minutes 265 ARTICLE 6. DECISION OF THE DIRECTOR 17260. Decision. (a) The appointed Hearing Officer shall prepare a recommended decision for the Director’s review and approval. The decision shall consist of a notice of findings, findings, and an order, and shall be in writing and include a statement of the factual and legal basis for the decision, consistent with the requirements of Labor Code section 1742 and Government Code section 11425.50. (b) A recommended decision shall have no status or effect unless and until approved by the Director and issued in accordance with subpart (c) below. (c) A copy of the decision shall be served by first class mail on all Parties in accordance with the requirements of Code of Civil Procedure section 1013. If a Party has appeared through an authorized Representative, service shall be made on that Party at the last known address on file with the Enforcing Agency, in addition to service on the authorized Representative. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1013, Code of Civil Procedure; Section 11425.50, Government Code; and Section 1742(b), Labor Code. 17261. Reconsideration. (a) Upon the application of any Party or upon his or her own motion, the Director may reconsider or modify a decision issued under Rule 60 [Section 17260] above for the purpose of correcting any error therein. (b) The decision must be reconsidered or modified within 15 days after its date of issuance pursuant to Rule 60(c) [Section 17260(c)]. Thereafter, the decision may not be reconsidered or modified, except that a clerical error may be corrected at any time. (c) The modified or reconsidered decision shall be served on the Parties in the same manner as a decision issued under Rule 60 [Section 17260]. (d) A Party is not required to apply for reconsideration before seeking judicial review of a decision of the Director. An application for reconsideration made by any Party shall not extend the time for seeking judicial review pursuant to Labor Code section 1742(c) unless the Director issues a modified or reconsidered decision within the 15-day time limit prescribed in subpart (b) of this section. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742, Labor Code. 17262. Final Decision; Time for Seeking Review. (a) The decision of the Director issued pursuant to Section Rule 60 [Section 17260] above shall be the final decision of the Director from which any Party may seek judicial review pursuant to the provisions of Labor Code section 1742(c) and Code of Civil Procedure section 1094.5; provided however, that if the Director has issued a modified decision pursuant to and within the 15-day limit of the Director’s reconsideration authority under Section Rule 61 [Section 17261] above and Labor Code section 1742(b), the right of review and time for seeking such review shall extend from the date of service of the modified decision rather than from the original decision. (b) The modification of a decision to correct a clerical error after expiration of the 15-day time limit on the Director’s reconsideration authority shall not extend the time for seeking judicial review. February 2, 2016`Official Minutes 266 (c) The time for seeking judicial review shall be determined from the date of service of the decision of the Director under Code of Civil Procedure section 1013, including any applicable extension of time provided in that statute. (d) Any petition seeking judicial review of a decision under these Rules may be served (1) upon the Director by serving the Office of the Director – Legal Unit where the appointed Hearing Officer who conducted the hearing on the merits regularly maintains his or her office; and (2) upon the Labor Commissioner (in cases in which the Labor Commissioner was the Enforcing Agency) by the serving the regular office of the attorney who represented the Labor Commission at the hearing on the merits. The intent of this subpart is to authorize and designate a preferred method for giving the Director and the Labor Commissioner formal notice of a court action seeking review of a decision of the Director under these Rules; it does not preclude the use any other service method authorized by law. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5. Reference: Sections 1013 and 1094.5, Code of Civil Procedure; and Section 1742, Labor Code. 17263. Preparation of Record for Review. (a) Upon notice that a Party intends to seek judicial review of a decision of the Director and the payment of any required deposit, the Department, under the direction of the appointed Hearing Officer, shall immediately prepare a hearing record consisting of all exhibits and other papers and a transcript of all testimony which the Party has designated for the inclusion in the record on review. (b) The Party who has requested the record or any part thereof shall bear the cost of its preparation, including but not necessarily limited to any court reporter transcription fees and reasonable charges for the copying, binding, certification, and mailing of documents. Absent good cause, no record will be released to a Party or filed with a court until adequate funds to cover the cost of preparing the record have been paid by the requesting Party to the Department or to any third party designated to prepare the record. However, upon notice that a Party seeking judicial review has been granted in forma pauperis status under California Rule of Court 985, the Department shall bear the cost of preparing and filing the record where necessary for a proper review of the proceedings. (c) The pendency of any request for the Department to prepare a hearing record shall not extend the time limits for filing a petition for review under Labor Code section 1742(c) and Code of Civil Procedure section 1094.5. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1094.5, Code of Civil Procedure; California Rule of Court 985; Section 68511.3, Government Code; and Section 1742(c), Labor Code. 17264. Request for Participation by Director in Judicial Review Proceeding. Although the Director should be named as the Respondent in any action seeking judicial review of a final decision, the Director ordinarily will rely upon the Parties to the hearing (as Petitioner and Real Party in Interest) to litigate the correctness of the final decision in the writ proceeding and on any appeal. The Director may participate actively in proceedings raising issues that specifically concern the Director’s authority under the statutes and regulations governing the payment of prevailing wages on public work contracts, or the validity of related laws, regulations, or the Director’s decisions as to public works coverage or generally applicable prevailing wage rates. Any Party may request the Director to file a response in the action by including a separate written request with any court pleading being served on the Director in accordance with Rule 62(d) [Section 17262(d)]. Any such separate written request should February 2, 2016`Official Minutes 267 specify briefly what issues are raised by the petition that extend beyond the facts of the case and warrant the Director’s participation. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1094.5, Code of Civil Procedure and Section 1742(c), Labor Code. ARTICLE 7. TRANSITIONAL RULE. 17270. Applicability of These Rules to Notices Issued Between April 1, 2001 and June 30, 2001. (a) These Rules shall apply to any notice issued by the Labor Commissioner or an Awarding Body with respect to the withholding or forfeiture of contract payments for unpaid wages or penalties under the prevailing wage laws in effect prior to July 1, 2001; provided that, the party seeking review has not commenced a civil action with respect to such notice under the provisions of Labor Code sections 1731-1733 [repealed effective July 1, 2001]. (b) An Affected Contractor or Subcontractor may appeal any such notice served between April 1, 2001 and June 30, 2001 by filing a Request for Review with the Enforcing Agency that issued the notice, in the manner and form specified in Rule 22 [Section 17222] above. Any such Request for Review shall be in writing and shall include a statement indicating the date upon which the contractor or subcontractor was served with the notice of withholding or forfeiture. (c) This Rule shall not extend the time available to appeal the notice under the former law. A Request for Review of a notice issued prior to July 1, 2001 must be filed with the Enforcing Agency within ninety (90) days after service of the notice. (d) A contractor or subcontractor who has sought review of a notice issued prior to July 1, 2001 by filing a court action under the repealed provisions of Labor Code sections 1731-1733 on or after July 1, 2001, shall, if said action would have been timely under those sections, be afforded the opportunity to dismiss the action without prejudice, after entering into a stipulation that the proceeding be transferred to the Director for hearing in accordance with these Rules. The stipulation shall also provide that the time for commencing a hearing under Rule 41 [Section 17241] shall not begin to run until the case has been formally transferred to and received by the Office of the Director. (e) Any hearing request made pursuant to Labor Code section 1771.7 [repealed effective July 1, 2001] that has not been heard and decided by a Hearing Officer prior to July 1, 2001 shall be handled in accordance with these Rules. NOTE: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Section 1742(b), Labor Code. February 2, 2016`Official Minutes 268 EXHIBIT J [LCP Annual Report (Form LCP-AR1)] February 2, 2016`Official Minutes 269 February 2, 2016`Official Minutes 270 February 2, 2016`Official Minutes 271 February 2, 2016`Official Minutes 272 LABOR COMPLIANCE PROGRAM MANUAL SECTION II IMPLEMENTATION PLAN Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 273 Section II. IMPLEMENTATION PLAN  The Labor Compliance Officer receives construction contract awards/work schedules.  The Labor Compliance Officer participates in the Pre-Job Conference.  The Labor Compliance Officer conducts on-site interviews with contractors’ employees.  The Labor Compliance Officer enters information from interviews into database/spreadsheet.  The Labor Compliance Officer verifies information from certified payroll records.  The Labor Compliance Officer notifies contractor in writing of any discrepancies with certified payroll records.  If clarification/correction is not received from the contractor within two weeks, Labor Compliance Officer will commence an investigation.  Upon completion of the investigation, the Labor Compliance Officer will send a report to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor.  The Labor Compliance Officer prepares and submits public works violation reports to Labor Commissioner as required.  The Labor Compliance Officer prepares and submits annual program reports to the Director of the Department of Industrial Relations.  The Labor Compliance Officer manages all facets and is the primary contact for the District’s LCP. February 2, 2016`Official Minutes 274 LABOR COMPLIANCE PROGRAM MANUAL SECTION III OPERATIONS PLAN Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 275 SECTION III. OPERATIONS PLAN Site Visitations 1. Safety is the paramount factor for any site visit to District construction projects. The Labor Compliance Officer shall not enter any area that appears unsafe. The Labor Compliance Officer is expected to exercise reasonable caution at all times. 2. All authorized personnel visiting any District construction site are required to be properly identified as a District representative by wearing visible picture IDs, or identifying themselves as such. Additionally, all authorized personnel are required to wear hard hats and safety shoes on construction sites. 3. Authorized personnel shall visit all sites on a non-interference basis and take a minimum amount of the workers’ time for interview purposes. 4. Upon arrival at a site, the Labor Compliance Officer will check in at the site superintendent’s (contractor’s) trailer prior to any interviewing. In the event there is not a construction trailer, the Labor Compliance Officer will check in at the site’s administrative office or with the on-site foreman. The Labor Compliance Officer will identify himself or herself and state the purpose of the visit. The Labor Compliance Officer will sign in if required to do so. If the site superintendent or foreman cites some reason that denies access to the site, the Labor Compliance Officer will promptly and politely remove himself or herself, make a note of this occurrence and report the incident to the District Resident Engineer. 5. The Labor Compliance Officer will check to see that the following are displayed in the contractor’s trailer or elsewhere on site:  Equal Employment Opportunity (EEO) Posters  Prevailing wage sheets  Sign-In Log  Listing of subcontractors on site If any of these items is not readily visible, the Labor Compliance Officer will remind the contractor that these postings are part of the contractual requirements. On subsequent visits, the Labor Compliance Officer will make sure that these items are posted, or the contractor will be found to be in noncompliance. Interviewing 1. Once the Labor Compliance Officer has checked in with the site superintendent and obtain access to the site, the Labor Compliance Officer will try to locate tradespersons working in clusters; for instance, several painters, electricians, roofers, etc. working in one area. The workers should be approached individually in a non-threatening, professional manner. The Labor Compliance Officer should identify himself or herself and indicate that he or she is a District representative and needs only a few seconds of time to ask some very generic questions to ensure the workers are receiving the proper rate of pay for the type of work they are doing. Again, no person’s safety should be endangered in conducting these interviews. For example, the Labor Compliance Officer should not insist that someone on a scaffold 40 feet in the air come down for an interview. Employees should not be asked to form a line until the Labor Compliance Officer can get to them; instead, they should be allowed to continue working until individually interviewed. February 2, 2016`Official Minutes 276 These interviews are random; two or three tradespersons for each subcontractor are more than sufficient for one visit. Any persons missed are usually picked up on the next visit. If only one tradesperson is at the site, that person should be interviewed if possible. If the Labor Compliance Officer is told the rest of the crew will be there in an hour, the Labor Compliance Officer should not wait unless total site interviewing will take that length of time. Thirty minutes of interviewing per site is typically sufficient, depending upon the site size and/or number of subcontractors present. A contractor tradesperson should also be interviewed. 2. Using the Labor Compliance Site Visitation Interview form, each interviewee should be asked the following: Name, social security number, employer, title (trade), rate of pay and task being performed at the time of interview. 3. Should someone decline to speak with a Labor Compliance Officer, those wishes should be respected. If someone asks if the interview is union-related, they should be told no. The District works with both open and closed shop trades. 4. If a Labor Compliance Officer tries to interview someone who does not speak English and communication in the appropriate language cannot occur, the Labor Compliance Officer should try to locate a coworker who can interpret. If an entire crew is unable to speak English and no interpreter is available, this should be included in a report to the District Resident Engineer. 5. If an interviewee refuses to disclose a social security number, those wishes should be respected. 6. If an interviewee does not know their rate of pay, the Labor Compliance Officer should ask for a guesstimate. If the response is, “whatever prevailing wage is,” that response should be indicated on the form. 7. If an interviewee indicates that he or she is an apprentice, the Labor Compliance Officer should make sure to ask, “What period?” (There are 10 periods of apprentice training.) If the interviewee is not sure, the Labor Compliance Officer should ask how many years the interviewee has been apprenticed in the specific trade and/or to guesstimate and so indicate on the interview form. 8. Labor Compliance Officers should ALWAYS thank each interviewee for their time. 9. Labor Compliance Officers are there to collect information only, not to dictate how to perform jobs. Should a Labor Compliance Officer witness a potentially unsafe or unwarranted condition, the Labor Compliance Officer should report this finding immediately to the site inspector or job superintendent and make a note on the site visitation log of what was observed. Upon return to the office, the Labor Compliance Officer should report findings to the District Resident Engineer. Reporting 1. All original interview forms completed by Labor Compliance Officers shall be included in Project Wage Files no later than the end of each workweek. February 2, 2016`Official Minutes 277 LABOR COMPLIANCE PROGRAM MANUAL SECTION IV PROCEDURES Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 278 SECTION IV. PROCEDURES Certified Payroll Verification Procedures 1. The District’s Construction Engineering Division will provide the Labor Compliance Officer with construction work schedules. 2. Upon receipt of the requested certified payroll reports from prime and subcontractors, the Labor Compliance Officer will compare information from employee interviews, Daily Diaries prepared by the Resident Engineer, and Monthly Employment Utilization Reports submitted by the contractor to the contractors’ certified payroll and the prevailing wage schedule. 3. The Labor Compliance Officer will check to see that prevailing wage listed for each worker is correct for the classification listed, using the prevailing wage schedule and job descriptions. 4. The Labor Compliance Officer will check for employment of apprentices, correct rate of pay for period of apprenticeship, and proper hourly ratio to journey workers. 5. The Labor Compliance Officer will notify the contractor of all discrepancies found in the contractor’s certified payroll. The notice, accompanied by a request for correction or clarification of the discrepancies, will be in writing and sent by certified mail. 6. If clarification/correction is not received within two weeks from the contractor, the Labor Compliance Officer will commence an investigation. 7. Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. 8. The Labor Compliance Officer will retain all original interview forms and annotate databases as applicable. Site Visitation Procedures 1. Labor Compliance Officers will receive construction site work schedules from the District Resident Engineer. 2. Labor Compliance Officers will check in with the site administrative office/site superintendent 3. Labor Compliance Officers will conduct interviews with workers, utilizing the Labor Compliance Site Visitation Interview form. 4. Labor Compliance Officers will note on the form any Labor Code violations observed while conducting an interview. 5. Interview forms will be included in Project Wage Files. 6. Labor Compliance Officers will report any Labor Code violations observed to the District Resident Engineer. February 2, 2016`Official Minutes 279 LABOR COMPLIANCE PROGRAM MANUAL SECTION V HANDOUTS AND FORMS Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 280 PURPOSE OF THIS SECTION This section of the LCP Manual contains selected forms used to comply with and administer the LCP, as well as summaries of applicable legal requirements. The Pre-Job Conference LCP Package for Contractors consists of documents to be provided to contractors and subcontractors who are listed in the contract bid documents at a meeting held after the District awards the public works contractor and before work commences. Other forms consist of a variety of forms that will be used by the LCO to administer the LCP. February 2, 2016`Official Minutes 281 LABOR COMPLIANCE PROGRAM Pre-Job Conference LCP Package for Contractors Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 282 Notice to Contractors: Included in this packet are materials to assist your company in complying with the Contra Costa County Flood Control and Water Conservations District’s (District) Labor Compliance Program (LCP). The District staff monitors and enforces the LCP. If you have questions about how to comply with the LCP, please call the Labor Compliance Officer at (925) 313-2000. The following documents are included in this packet: 1. Prevailing Wage Contractor Handout (7 pages) 2. Checklist of Labor Law Requirements (2 pages) 3. Apprentices on Public Works Projects -- Summary of Requirements (2 pages) 4. Excerpts from the California Labor Code Relating to Apprentices on Public Works (9 pages) 5. DIR DAS 140, Public Works Contract Award Information (1 page) 6. DIR CAC 2, Training Fund Contributions (1 page) 7. DIR DAS 142 (1 page) 8. DIR PW 26 Statement of Employer Payments (1 page) 9. DIR A-1-131 Public Works Payroll Reporting Form (2 pages) 10. Monthly Employment Utilization Report (1 page) 11. Public Works Declaration (1 page) 12. How to Determine Prevailing Wage Rates (1 page) 13. Non-Performance Payroll Report (Statement of Non-Performance) (1 page) February 2, 2016`Official Minutes 283 Labor Compliance Program PREVAILING WAGE CONTRACTOR HANDOUT PUBLIC WORKS REQUIREMENTS: (1) The appropriate number of apprentices are on the job site, as set forth in Labor Code Section 1777.5; (2) Worker's compensation coverage, as set forth in Labor Code Sections 1860 and 1861; (3) Keep accurate records of the work performed on the public works project, as set forth in Labor Code Section 1812; (4) Inspection of payroll records pursuant to Labor Code Section 1776, and as set forth in 8 CCR Section 16400(e); (5) Withhold monies. See Labor Code Section 1727; (6) Ensure that public works projects are not split or separated into smaller work orders or projects for the purpose of evading the applicable provisions of Labor Code Section 1771; (7) Deny the right to bid on public work contracts to contractors or subcontractors who have violated public work laws, as set forth in Labor Code Section 1777.7; (8) Not permit workers on public works to work more than eight hours a day or 40 hours in any one calendar week, unless compensated at not less than time and a half as set forth in Labor Code Section 1815. Exception: If the prevailing wage determination requires a higher rate of pay for overtime work than is required under Labor Code Section 1815, then that higher overtime rate must be paid [as specified in 8 CCR Section 16200(a)(3)(F)]; (9) Not take or receive any portion of the workers' wages or accept a fee in connection with a public works project, as set forth in Labor Code Sections 1778 and 1779; (10) Comply with those requirements as specified in Labor Code Sections 1776(g), 1777.5, 1810, 1813, and 1860; and (11) Other requirements imposed by law. THE CONTRACTOR AND SUBCONTRACTOR SHALL: (1) Pay not less than the prevailing wage to all workers, as defined in the California Code of Regulations Section 16000(a), and as set forth in Labor Code Sections 1771 and 1774; (2) Comply with the provisions of Labor Code Sections 1773.5, 1775, and 1777.5 regarding public works job sites; (3) Provide workers' compensation coverage as set forth in Labor Code Section 1861; (4) Comply with Labor Code Sections 1778 and 1779 regarding receiving a portion of wages or acceptance of a fee; (5) Maintain and make available for inspection payroll records, as set forth in Labor Code Section 1776; (6) Pay workers overtime pay, as set forth in Labor Code Section 1815 or as provided in the collective bargaining agreement adopted by the Director as set forth in 8 CCR Section 16200(a)(3); (7) Comply with 8 CCR Section 16101 regarding discrimination. Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 284 (8) Be subject to provisions of Labor Code Section 1777.7 which specifies the penalties imposed on a contractor who willfully fails to comply with provisions of Section 1777.5; (9) Comply with those requirements as specified in Labor Code Sections 1810 and 1813; and (10) Comply with other requirements imposed by law. APPRENTICE TRAINING: SEE LABOR CODE SECTION 1777.5 (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information (via submittal of a DAS-140) to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. APPRENTICE TRAINING CONTRIBUTION REQUIREMENTS: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 4, § 16200(a)(3)(G) Wage rates, training contributions and apprenticeship contributions. Apprenticeship rates shall be determined by the Director of Industrial Relations using apprentice wage standards set forth in the collective bargaining agreement and/or approved by the California Apprenticeship Council. A contractor or subcontractor on a public works contract must pay training fund contributions or apprenticeship contributions in one of the following manners: 1. Into the appropriate craft apprenticeship program in the area of the site of the public work; or 2. An equivalent amount shall be paid to the California Apprenticeship Council (CAC) administered by DAS (if the trust fund is unable to accept such contributions). 3. If neither of the above will accept the funds, cash pay shall be as provided for in the California Code of Regulations Section 16200(a)(3)(I). February 2, 2016`Official Minutes 285 SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 10, § 230.2 Payment of Apprenticeship Training Contributions to the Council. (a) Contractors who are neither required nor wish to make apprenticeship training contributions to the applicable local training trust fund shall make their training contributions to the Council. Contractors may refer to the Director of the Department of Industrial Relations applicable prevailing wage determination for the amount owed for each hour of work performed by journeymen and apprentices in each apprenticeable occupation. (b) Training contributions to the Council are due and payable on the 15th day of each month for work performed during the preceding month. (c) Training contributions to the Council shall be paid by check and shall be accompanied by a completed CAC-2 Form, Training Fund Contributions or contain the following information: (1) The name, address, and telephone number of the contractor making the contribution. (2) The contractor's license number. (3) The name and address of the public agency that awarded the contract. (4) The jobsite location, including the county where the work was performed. (5) The contract or project number. (6) The time period covered by the enclosed contributions. (7) The contribution rate and total hours worked by apprenticeable occupation. CERTIFYING PERSON: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, § 16000 Definitions. A person with the authority to affirm under penalty of perjury that the records provided, depict truly, fully and correctly the type of work performed, the hours worked, days worked and amounts paid. CHANGES TO PREVAILING RATE AFTER AWARD: SEE LABOR CODE SECTION: 1773.6 If during any quarterly period the Director of Industrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in any locality, he shall make such change available to the awarding body and his determination shall be final. Such determination by the Director of Industrial Relations shall not be effective as to any contract for which the notice to bidders has been published. Exceptions: classifications marked as double asterisks February 2, 2016`Official Minutes 286 CREDITS, FOR FRINGE BENEFIT PAYMENTS: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 4, § 16200(a)(2)(I) Credit Available For Actual Payment of Fringe Benefit Costs up to the Prevailing Amount. The contractor obligated to pay the full prevailing rate of per diem wages may take credit for amounts up to the total of all fringe benefit amounts listed as prevailing in the appropriate wage determination. This credit may be taken only as to amounts which are actual payments under Employer Payments Section 16000(1)-(3). In the event that the total of Employer Payments by a contractor for the fringe benefits listed as prevailing is less than the aggregate amount set out as prevailing in the wage determination, the contractor must pay the difference directly to the employee. No amount of credit for payments over the aggregate amount of employer payments shall be taken nor shall any credit decrease the amount of direct payment of hourly wages of those amounts found to be prevailing for straight time or overtime wages. THE RULE: The contractor can pay amounts for individual benefits different than the state shows in the wage reports so long as it is not more than the total amount permitted for all benefits. Any contractor paid amount less than the total benefit requirements listed in the state wage reports must be paid to the employee. EMPLOYEE’S SUBJECT TO PREVAILING WAGES: SEE LABOR CODE SECTIONS 1771, 1772 & 1776 All workers on the project shall be paid the wage of the trade they are most closely related to. This includes: any one on site, and off site even at remote manufacturing facilities. 1771 Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. 1772 Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work. 1776(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. February 2, 2016`Official Minutes 287 EMPLOYER PAYMENTS: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, § 16000 Definitions. (1) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program for the benefit of employees, their families and dependents, or retirees; (2) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to employees, their families and dependents or to retirees pursuant to an enforceable commitment or agreement to carry out a financially responsible plan or program which was communicated in writing to the workers affected; and (3) The rate of contribution irrevocably made by the contractor or subcontractor for apprenticeship or other training programs authorized by Section 3071 and/or 3093 of the Labor Code. FRINGE BENEFIT PAYMENT REQUIREMENTS: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, § 16000 Definitions. All fringe benefits must be irrevocably paid to an authorized fund or to the employee. No unpaid amounts are allowed. Fringe Benefits Include: The prevailing rate of employer payments for any or all programs or benefits for employees, their families and dependents, and retirees which are of the types enumerated below: (1) Medical and hospital care, prescription drugs, dental care, vision care, diagnostic services, and other health and welfare benefits; (2) Retirement plan benefits; (3) Vacations and holidays with pay, or cash payments in lieu thereof; (4) Compensation for injuries or illnesses resulting from occupational activity; (5) Life, accidental death and dismemberment, and disability or sickness and accident insurance; (6) Supplemental unemployment benefits; (7) Thrift, security savings, supplemental trust, and beneficial trust funds otherwise designated, provided all of the money except that used for reasonable administrative expenses is returned to the employees; (8) Occupational health and safety research, safety training, monitoring job hazards, and the like, as specified in the applicable collective bargaining agreement; (9) See definition of “Employer Payments,” (3). (10) Other bonafide benefits for employees, their families and dependents, or retirees as the Director may determine; and (11) Travel time and subsistence pay as provided for in Labor Code Section 1773.8. February 2, 2016`Official Minutes 288 Fringe Benefits Do Not Include: The term “general prevailing rate of per diem wages” does not include any employer payments for: (1) Job related expenses other than travel time and subsistence pay; (2) Contract administration, operation of hiring halls, grievance processing, or similar purposes except for those amounts specifically earmarked and actually used for administration of those types of employee or retiree benefit plans enumerated above; (3) Union, organizational, professional or other dues except as they may be included in and withheld from the basic taxable hourly wage rate; (4) Industry or trade promotion; (5) Political contributions or activities; (6) Any benefit for employees, their families and dependents, or retirees including any benefit enumerated above where the contractor or subcontractor is required by Federal, State, or local law to provide such benefit; or (7) Such other payments as the Director may determine to exclude. PAYROLL RECORDS INCLUDE: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, § 16000 Definitions. All time cards, bank certified cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. PERSONS REQUIRED TO RECEIVE PREVAILING WAGES: SEE LABOR CODE SECTIONS: 1771 Prevailing wages shall be paid to all workers employed on public works. 1774 The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. February 2, 2016`Official Minutes 289 WITHHOLDING PAYMENTS, JUSTIFICATION: SEE LABOR CODE SECTIONS: 1727 & 1771.5(b),(5) SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 5, § 16435 16435(a) “Withhold” means to cease payments by the awarding body, or others who pay on its behalf, or agents, to the general contractor. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. (1) “Contracts.” Except as otherwise provided by agreement, only contracts under a single master contract, or contracts entered into as stages of a single project, may be the subject of withholding. (2) “Delinquent payroll records” means those not submitted on the date set in the contract. (3) “Inadequate payroll records” are any one of the following: (4) A record lacking the information required by Labor Code Section 1776; (5) A record which contains the required information but is not certified, or certified by someone not an agent of the contractor or subcontractor; (6) A record remaining uncorrected for one payroll period, after the awarding body has given the contractor notice of inaccuracies detected by audit or record review, provided, however, that prompt correction will stop any duty to withhold if such inaccuracies do not amount to one percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll, as defined in Labor Code Section 1776 and Title 8 CCR Section 16401. DIRECTOR OF INDUSTRIAL RELATIONS PRECEDENTIAL DECISIONS WHICH REQUIRE PREVAILING WAGES: Decision 92-036: Stands for the payment of out-of-state workers if they are working on California “Public Works” Decision 93-019: Stands for the payment of truck drivers removing, delivering or relocating material on “Public Works” Decision 94-017: Stands for the payment of waste processors off site if the waste is exclusively from “Public Works” COURT DECISIONS: Standard Traffic Services v. Department of Transportation (County of Shasta, Case No. 132667): Partners are due prevailing wages if working on “Public Works” February 2, 2016`Official Minutes 290 February 2, 2016`Official Minutes 291 February 2, 2016`Official Minutes 292 APPRENTICES ON PUBLIC WORKS - SUMMARY OF REQUIREMENTS Compliance with California Labor Code Section 1777.5 and applicable provisions of Title 8 of the California Code of Regulations requires all public works contractors and subcontractors to:  Submit contract award information to an applicable apprenticeship committee, including an estimate of the journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices would be employed. Contractors shall provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade in the area of the site of the public works project that has approved the contractor to train apprentices. Contractors who are not already approved to train by an apprenticeship program sponsor shall provide contract award information to all of the applicable apprenticeship committees whose geographic area of operation includes the area of the public works project. The contract award information shall be in writing and may be set forth on DAS Form 140, Public Works Contract Award Information. The information shall be provided to the applicable apprenticeship committee within 10 days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the public work. (Cal. Code Regs., tit. 8, § 230.)  Employ apprentices on the public work in a ratio to journeymen of no less than one hour of apprentice work for every five hours of labor performed by a journeyman, unless an exemption applies. Contractors who are not already employing sufficient registered apprentices to comply with the one-to- five ratio must request the dispatch of required apprentices from the applicable apprenticeship committees by giving written notice at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. All requests for dispatch must be in writing, sent by first class mail, facsimile or email. (Cal. Code Regs., tit. 8, § 230.1, subd. (a).)  Contribute to the California Apprenticeship Council the same amount that the Director of Industrial Relations determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the Council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. Contributions to the Council are due and payable on the 15th of the month for work performed during the preceding month, and shall be submitted to: Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 293 DIR – California Apprenticeship Council P.O. Box 511283 Los Angeles, CA 90051-7838 Training contributions to the Council shall be paid by check and shall be accompanied by a completed CAC-2 Form, Training Fund Contributions, or the following information (Cal. Code. Regs., tit. 8, § 230.2, subd. (c)): 1. The name, address and telephone number of the contractor making the contribution. 2. The contractor’s license number. 3. The name and address of the public agency that awarded the contract. 4. The jobsite location, including the county where the work was performed. 5. The contract or project number. 6. The time period covered by the enclosed contributions. 7. The contribution rate and total hours worked by the apprenticeable occupation. 8. The name of the program(s) that provided apprentices, if any. 9. The number of apprentice hours worked, by apprenticeable occupation and by program.  Pay every apprentice, as defined in Labor Code section 3077, who is employed upon a public works project the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Labor Code § 3077: The term “apprentice” as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an “apprentice agreement,” with an employer or program sponsor. The term of apprenticeship for each apprenticeable occupation shall be approved by the chief, and in no case shall provide for less than 2,000 hours or reasonably continuous employment for such person and for his or her participation in an approved program of training through employment and through education in related and supplemental subjects. February 2, 2016`Official Minutes 294 EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Part 7 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3. An awarding agency whose public works contract falls within the jurisdiction of Section 1771.3, 1771.5, or 1777.5, or any other statute providing for the payment of fees to the Department of Industrial Relations for enforcing prevailing wage requirements on that project, shall, within five days of the award, send a copy of the award to the department. In lieu of responding to any specific request for contract award information, the department may make such information available for public review by posting on its Internet Web site. Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certificated fixed number of apprentices to journeymen, the awarding agency shall notify the Division of Labor Standards Enforcement. 1773.5. (a) The Director of Industrial Relations may establish rules and regulations for the purpose of carrying out this chapter, including, but not limited to, the responsibilities and duties of awarding bodies under this chapter. 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as February 2, 2016`Official Minutes 295 computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number. (f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. February 2, 2016`Official Minutes 296 1777.1. (a) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in violation of this chapter with intent to defraud, except Section 1777.5, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year or more than three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (b) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to have committed two or more separate willful violations of this chapter, except Section 1777.5, within a three-year period, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period up to three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (c) Whenever a contractor or subcontractor performing a public works project has failed to provide a timely response to a request by the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards, or the awarding body to produce certified payroll records pursuant to Section 1776, the Labor Commissioner shall notify the contractor or subcontractor that, in addition to any other penalties provided by law, the contractor or subcontractor will be subject to debarment under this section if the certified payroll records are not produced within 30 days after receipt of the written notice. If the commissioner finds that the contractor or subcontractor has failed to comply with Section 1776 by that deadline, unless the commissioner finds that the failure to comply was due to circumstances outside the contractor's or subcontractor's control, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year and not more than three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (d) A willful violation occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its 0provisions. (e) The Labor Commissioner shall publish on the commissioner's Internet Web site a list of contractors who are ineligible to bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project pursuant to this chapter. The list shall contain the name of the contractor, the Contractors' State License Board license number of the contractor, and the effective period of debarment of the contractor. Contractors shall be added to the list upon issuance of a debarment order and the commissioner shall also notify the Contractors' State License Board when the list is updated. At least annually, the commissioner shall notify awarding bodies of the availability of the list of debarred contractors. The commissioner shall also place advertisements in construction industry publications targeted to the contractors and subcontractors, chosen by the commissioner, that state the effective period of the debarment and the reason for debarment. The advertisements shall appear one time for each debarment of a contractor in each publication chosen by the commissioner. The debarred contractor or subcontractor shall be liable to the commissioner for the reasonable cost of the advertisements, not to exceed five thousand dollars ($5,000). The amount paid to the commissioner for the advertisements shall be credited against the contractor's or subcontractor's obligation to pay civil fines or penalties for the same willful violation of this chapter. February 2, 2016`Official Minutes 297 (f) For purposes of this section, "contractor or subcontractor" means a firm, corporation, partnership, or association and its responsible managing officer, as well as any supervisors, managers, and officers found by the Labor Commissioner to be personally and substantially responsible for the willful violation of this chapter. (g) For the purposes of this section, the term "any interest" means an interest in the entity bidding or performing work on the public works project, whether as an owner, partner, officer, manager, employee, agent, consultant, or representative. "Any interest" includes, but is not limited to, all instances where the debarred contractor or subcontractor receives payments, whether cash or any other form of compensation, from any entity bidding or performing work on the public works project, or enters into any contracts or agreements with the entity bidding or performing work on the public works project for services performed or to be performed for contracts that have been or will be assigned or sublet, or for vehicles, tools, equipment, or supplies that have been or will be sold, rented, or leased during the period from the initiation of the debarment proceedings until the end of the term of the debarment period. "Any interest" does not include shares held in a publicly traded corporation if the shares were not received as compensation after the initiation of debarment from an entity bidding or performing work on a public works project. (h) For the purposes of this section, the term "entity" is defined as a company, limited liability company, association, partnership, sole proprietorship, limited liability partnership, corporation, business trust, or organization. (i) The Labor Commissioner shall adopt rules and regulations for the administration and enforcement of this section. 1777.5. (a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade February 2, 2016`Official Minutes 298 determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: February 2, 2016`Official Minutes 299 (1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one- thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (l) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the February 2, 2016`Official Minutes 300 contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director. 1777.6. An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as provided in Section 3077 of this code and Section 12940 of the Government Code. 1777.7. (a) (1) A contractor or subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding one hundred dollars ($100) for each full calendar day of noncompliance. The amount of this penalty may be reduced by the Labor Commissioner if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation of Section 1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance. Notwithstanding Section 1727, upon receipt of a determination that a civil penalty has been imposed by the Labor Commissioner, the awarding body shall withhold the amount of the civil penalty from contract progress payments then due or to become due. (2) In lieu of the penalty provided for in this subdivision, the Labor Commissioner may, for a first-time violation and with the concurrence of an apprenticeship program described in subdivision (d), order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) In the event a contractor or subcontractor is determined by the Labor Commissioner to have knowingly committed a serious violation of any provision of Section 1777.5, the Labor Commissioner may also deny to the contractor or subcontractor, and to its responsible officers, the right to bid on or be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Labor Commissioner becomes a final order. (c) (1) An affected contractor, subcontractor, or responsible officer may obtain a review of the determination of the Labor Commissioner imposing the debarment or civil penalty by transmitting a written request to the office of the Labor Commissioner that appears on the determination within 60 days after service of the determination of debarment or civil penalty. If no hearing is requested within 60 days after service of the determination, the determination shall become final. (2) The provisions of Section 1742 shall apply to the review of any determination issued pursuant to subdivision (a) or (b), subject to the following: (A) The provisions of Section 1742 and any regulations implementing that section shall apply to a responsible officer who requests review of a determination under this section to the same extent as any affected contractor or subcontractor who requests review. February 2, 2016`Official Minutes 301 (B) In the review of a determination under this section, the affected contractor, subcontractor, or responsible officer shall have the burden of providing evidence of compliance with Section 1777.5. (3) For purposes of this section, a determination issued pursuant to subdivision (a) or (b) includes a determination that has been approved by the Labor Commissioner and issued by an awarding body that has been authorized to assist the director in the enforcement of Section 1777.5 pursuant to subdivision (p) of that section. The Labor Commissioner shall have the right to intervene in any proceeding for review of a determination issued by an awarding body. If the involvement of the Labor Commissioner in a labor compliance program enforcement action is limited to a review of the determination and the matter is resolved without litigation by or against the Labor Commissioner or the department, the awarding body shall enforce any applicable penalties, as specified in this section, and shall deposit any penalties and forfeitures collected in the General Fund. (4) The Labor Commissioner may certify a copy of the final order of the Director of Industrial Relations and file it with the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall not charge for the service performed by him or her pursuant to this section. An awarding body that has withheld funds in response to a determination imposing a penalty under this section shall, upon receipt of a certified copy of a final order that is no longer subject to judicial review, promptly transmit the withheld funds, up to the amount of the certified order, to the Labor Commissioner. (d) If a subcontractor is found to have violated Section 1777.5, the prime contractor of the project is not liable for any penalties under subdivision (a), unless the prime contractor had knowledge of the subcontractor's failure to comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following requirements: (1) The contract executed between the contractor and the subcontractor or the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The contractor shall continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. (3) Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due the subcontractor for work performed on the public works project until the failure is corrected. (4) Prior to making the final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. (e) Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if the awarding body is an entity other than the state. (f) (1) The Labor Commissioner shall consider, in setting the amount of a monetary penalty, in determining whether a violation is serious, and in determining whether and for how long a party should be debarred for violating this section, all of the following circumstances: February 2, 2016`Official Minutes 302 (A) Whether the violation was intentional. (B) Whether the party has committed other violations of Section 1777.5. (C) Whether, upon notice of the violation, the party took steps to voluntarily remedy the violation. (D) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (E) Whether, and to what extent, the violation otherwise harmed apprentices or apprenticeship programs. (2) If a party seeks review of a decision by the Labor Commissioner to impose a monetary penalty or period of debarment, the Director of Industrial Relations shall decide de novo the appropriate penalty, by considering the same factors set forth above. (g) The interpretation of Section 1777.5 and the substantive requirements of this section, including the limitations period for issuing a determination under subdivision (a) or (b), shall be in accordance with the regulations of the California Apprenticeship Council. The Director of Industrial Relations may adopt regulations to establish guidelines for the imposition of monetary penalties and periods of debarment and may designate precedential decisions under Section 11425.60 of the Government Code. February 2, 2016`Official Minutes 303 1. 2. Enter name of the Committee 3. Date DAS 140 (REV. 1/04) State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS Signature Typed Name Title This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations DATE YOUR CONTRACT EXECUTED OCCUPATION OF APPRENTICE NAME & ADDRESS OF PUBLIC WORKS PROJECT APPROXIMATE DATES TO BE EMPLOYED ESTIMATED NUMBER OF APPRENTICE HOURS AREA CODE & TELEPHONE NO. DATE OF EXPECTED OR ACTUAL START OF PROJECT ESTIMATED NUMBER OF JOURNEYMEN HOURS Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE CONTRACTOR'S STATE LICENSE NO THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) Check One Of The Boxes Below Apprenticeship Committee. We will employ and train under their Standards.Enter name of the Committee PUBLIC WORKS CONTRACT AWARD INFORMATION NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT Contract award information must be sent to your Apprenticeship Committee if you are approved to train.If you are not approved to train, you must send the information (which may be this form)to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work.Go to:http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade.You may also consult your local Division of Apprenticeship Standards (DAS)office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. We will comply with the standards of Apprenticeship Committee for the duration of this job only. We are already approved to train apprentices by the February 2, 2016`Official Minutes 304 February 2, 2016`Official Minutes 305 February 2, 2016`Official Minutes 306 February 2, 2016`Official Minutes 307 February 2, 2016`Official Minutes 308 February 2, 2016`Official Minutes 309 Current Goals: Minority: ______ Female: ______Reporting Period: From: _________ To: _________MFMFMFMFMFMFMFJourneyworkersApprenticesTraineesSubtotalJourneyworkersApprenticesTraineesSubtotalJourneyworkersApprenticesTraineesSubtotalJourneyworkersApprenticesTraineesSubtotalJourneyworkersApprenticesTraineesSubtotalJourneyworkersApprenticesTraineesSubtotalConstruction TradeContra Costa County Flood Control and Water Conservation District Monthly Employment Utilization ReportClassificationName and Location of Contractor:Project Title:Employer's I.D. No.:Total Construction HoursFemale PercentageMinority PercentageTotal Number of Minority EmployeesTelphone Number (including area code)Date SignedPage ____ of _____Total All Employees By TradeBlack (Not of Hispanic Origin)HispanicAsian or Pacific IslanderAmerican Indian or Alaska NativeTotal Number of EmployeesTotal JourneyworkersTotal ApprenticesTotal TraineesGrand TotalCompany Official's Signature and TitleFebruary 2, 2016`Official Minutes 310 PUBLIC WORKS DECLARATION California Labor Code § 1776(a) Awarding Body/District: __________________________________________________ Employer (Contractor/Subcontractor):________________________________________ Project: _______________________________________________________________ Contract #:_____________________________________________________________ On behalf of the above referenced Employer, the undersigned hereby declares: 1. I have authority to act on behalf of the Employer with respect to this matter. 2. The information contained in the payroll record for the week ending ___________________, 20____ (Payroll No. _______) is true and correct. 3. The Employer has complied with the requirements of California Labor Code sections 1771, 1811 and 1815 for any and all work performed by its employees on the public works project set forth above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ________ day of __________________, 20___, at _________________, California ____________________________________ (Signature) ____________________________________ (Print Name) ____________________________________ (Print Title) February 2, 2016`Official Minutes 311 How to Determine a Prevailing Wage Rates The California Department of Industrial Relations (DIR) publishes prevailing wage determinations twice a year, on February 22 and August 22. The rates go into effect ten (10) days after publication. Correct prevailing wage rates can be verified on the California Division of Labor Statistics and Research website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm The steps to determine the prevailing wage rate for a given craft and project are as follows: 1. Find the applicable determination. The applicable determination is the one in effect at the time the project is first advertised for bids. The two yearly determinations are named with the year followed by a “1” or “2” – so the determination published on February 22, 2010 is “2010-1,” and the one published on August 22, 2010 is “2010-2.” Older determinations are collected on the site under “Superseded prevailing wage determinations.” 2. Find the appropriate craft. Some crafts have prevailing wages that are valid throughout the state; some are valid throughout Southern California; and some are valid only in Los Angeles County. Multiple places to find the craft you need may need to be checked. 3. Look up the rate. The determination contains a “Basic Hourly Rate” and a “Total Hourly Rate.” The Total Hourly Rate is the required total value of all wages and fringe benefit payments; the Basic Hourly Rate is the minimum rate that can be paid to workers on their paychecks, for contractors who pay the fringe benefit amounts to a trust fund or benefit plan. 4. Check for predetermined increases. Each determination is published with either a single asterisk (*) or double asterisk (**) after the expiration date. Determinations with a single asterisk will remain valid for the duration of the project; those with a double asterisk (**) have predetermined rate increases that must be taken into account. 5. Look up increases, if necessary. They are published alongside the prevailing wage determination. 6. Take fringe benefits and training funds into account. A contractor’s Fringe Benefit Statement will state the hourly rate of fringe benefit contributions that are made; the wage rate plus the total of all those contributions must equal or exceed the Total Hourly Rate. Many non-union contractors do not have benefit funds and pay the entire prevailing wage directly to the workers on their checks. It is important to note that the amount listed for “Training” may not be paid this way; it can only be paid to an approved apprenticeship program or to the California Apprenticeship Council. February 2, 2016`Official Minutes 312 Non-Performance Payroll Report (Statement of Non-Performance) Date:____________ Payroll Report No.: _________ Contractor Name:_____________________________________ I, ______________________, do hereby state that no person(s) were employed on the (Name of Signatory Party) construction project __________________________________ Bid No. ____________ (Project Name / Title) during the payroll period commencing on the ____ day of _________, 20____, and ending on the _______ day of ___________, 20_____. ___________________________________ _________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE TITLE / POSITION ________________________________ _________________________ NAME OF AUTHORIZED PERSON DATE Note: One copy of this form must be submitted within ten (10) calendar days following the close of the contractor’s pay period for any pay period that the contractor did not employ workers on the contract site. This report is not required prior to the submission of the initial performance payroll report. February 2, 2016`Official Minutes 313 LABOR COMPLIANCE PROGRAM Other Forms  Labor Compliance Site Visitation Interview Form (Bilingual) (1 page)  Site Visitation Log (1 page)  Sample Pre-Award Letter (1 page)  Sample Post-Award Letter (1 page)  Sample First Request for Certified Payrolls Letter (1 page)  Sample Missing Documents List (1 page)  Certified Payroll Worksheet (1 page)  Sample Certified Payroll Correction Letter (1 page)  Report of Action for Prevailing Wage Violations (1 page) Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 314 LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA Labor Compliance Officer 925-313-2000 SITE NAME/SITIO:____________________________ DATE/FECHA:_____________ PROJECT NAME:_______________________________________________________ CONTRACT #:____________________________ Interior / Exterior (circle) CONTRACTOR/ CONTRANTE:___________________________________________ SUBCONTRACTOR/ SUBCONTRATANTE:____________________________________ Name Person Interviewed/ Nombre de Persona Entrevistada:______________________ S/S Number/ Numero de Seguro Social:_______________________________________ Position Title/ Possion O Titulo del Entrevistado:________________________________ Task Being Performed at Time of This Interview: _____________________________ Clase de Labor Desenpenando al Tiempo de Entrevista Hourly Pay Rate/ Salario Horario: $ ___________ OBSERVATIONS: Site Inspector: _________________________ Telephone________________________ Project Superintendent:__________________ Telephone________________________ 1 of 2 Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 315 LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM (continued) Total number of workers observed on the visit: _______________________________ Type of work observed: ________________________________________________ _____________________________________________________________________ Type of workers observed: ________________________________________________ ______________________________________________________________________ Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Yes No Explain additional information received from the worker: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Interview Conducted by:__________________________ 2 of 2 February 2, 2016`Official Minutes 316 Site Visitation Log Site Visit Date Prime Contractor Subcontractor Employee Name Social Security Number Position/Title Task Performed at Interview Pay Rate Compliant/ Non- Compliant Labor Compliance Officer Comments Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 317 February 2, 2016`Official Minutes 318 February 2, 2016`Official Minutes 319 February 2, 2016`Official Minutes 320 MISSING DOCUMENTS LIST Prime Contractor: Project: Original Request Date: Date of This Request: The following documents for the ______________ project shall be submitted to the Labor Compliance Officer: 1. Monthly Employment Utilization Reports must be provided for: 2. Apprenticeship Training Agreement (similar to Form DAS 1) must be provided for: 3. Apprenticeship Training Agreement (similar to Form DAS 7) must be provided for: 4. Training Fund Contributions (Form CAC 2 or equivalent) must be provided for: 5. Public Works Contract Award Information (Form DAS 140) with the name, address and phone number of the training program notified by all project contractors must be provided for: 6. Fringe Benefits Statements (Form PW 26) must be provided for: 7. Signed Certified Payroll Report or Non-Performance Payroll Report (Statement of Non-Performance) with original signatures must be provided for: Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package, which must be submitted to the District’s Labor Compliance Officer within 10 days of request. In the event there has been no work performed during a given week, the certified payroll record shall be annotated with the words “No Work” for that week. 8. The Public Works Payroll Reporting Form (Form A-1-131) or equivalent must be provided. Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 321 CERTIFIED PAYROLL WORKSHEET Prime Contractor: __________________ Project:_____________________ Subcontractor: ____________________ Date: _______________________ Employee Name and SSN Work Classification Week Ending Rate Paid ($) Gross Per Hour ($) Hours Worked Prevailing Wage Rate ($) Amount they should have been paid ($) Difference ($) Total Subcontractor Difference: $__________ Total Project Difference: $__________ Comments: Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 322 February 2, 2016`Official Minutes 323 Report of Action for Prevailing Wage Violations Name of Project: _ Contract Number: First Advertised Date: County Where Work Is Performed: Date Notice of Completion Filed: Date of Project Acceptance or Current Percent Complete: Name and Address of Prime Contractor: Project’s Scope of Work: Contractors in Violation of the Labor Code and their Scope of Work: Statement of the Issues Identified to the Contractor: Summary of the Audit Investigation: CPR Spread Sheets Labor Code Sections Violated: Summary of Penalty Assessment Justification: Identify Labor Code 1775 and 1813 Penalties Requested with Calculated Totals: Is the Violation Due to Mistake, Inadvertence or is it a Willful Failure to Pay the Correct Wages: Previous Record in Meeting Prevailing Wage Obligations: Identify and Provide All Correspondence: Identify and Provide Any Contractor Response: Recommend Penalty Assessment: Julia R. Bueren, ex officio Chief Engineer Steve Kowalewski, Deputy Chief Engineer February 2, 2016`Official Minutes 324 February 2, 2016`Official Minutes325 RECOMMENDATION(S): 1. APPROVE the design and bid documents, including the plans and specifications, for the Livorna Park Improvements – Bocce Courts at Livona Park, Alamo Area. [County Project No. 7758-6X5189] (District II) 2. AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about March 10, 2016 and issue bid addenda, as needed, for clarification of the bid documents, provided the involved changes do not significantly increase the construction cost estimate. 3. DIRECT the Clerk of the Board to publish, at least 14 calendar days before the bid opening date, the Notice to Contractors in accordance with Public Contract Code Section 22037, inviting bids for this project. 4. DIRECT the Public Works Director, or designee, to send notices by email or fax and by U.S. Mail to the construction trade journals specified in Public Contract Code Section 22036 at least 15 calendar days before the bid opening. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Chen, Special Districts, 925-313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 16 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE advertisement of Livorna Park Improvements - Bocce Courts at Livorna Park, Alamo Area. February 2, 2016`Official Minutes 326 FISCAL IMPACT: 100% East Bay Regional Park District Measure WW Local Grant Program. BACKGROUND: Plans and specifications for the project have been prepared for the Public Works Department by Stantec Architecture, Inc. and filed with the Clerk of the Board by the Public Works Director. The construction cost estimate is $581,000.00 and the general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on this project. Voter-approved Measure WW allocated grant funds to local parks for improvements. Special Districts met with the Alamo Municipal Advisory Committee to develop the proposed improvements at Livorna Park. The improvements include removal of existing volleyball court, modifying existing drainage facilities, replacing pedestrian path near the bocce court to be ADA compliant, installing new bocce court, installing new shade structure, installing new benches, tables and chairs, installing additional irrigation and landscaping. The Board found this project is a California Environmental Quality Act (CEQA), Class 2(c) Categorical Exemption, pursuant to Section 15302(c) of the CEQA Guideline during the November 5, 2013 board meeting. CONSEQUENCE OF NEGATIVE ACTION: If this project is not approved, the grant funds would be diverted to another agency project and this project would not be constructed. CHILDREN'S IMPACT STATEMENT: February 2, 2016`Official Minutes 327 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Tamsie Irvan for a T-hangar at Buchanan Field Airport effective January 7, 2016 in the monthly amount of $394.10, Pacheco area. FISCAL IMPACT: The Airport Enterprise Fund will realize $4,729.20 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 2, 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 February 2, 2016`Official Minutes 328 BACKGROUND: (CONT'D) 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. 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 Tamsie Irvan Hangar Agreement February 2, 2016`Official Minutes 329 February 2, 2016`Official Minutes 330 February 2, 2016`Official Minutes 331 RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to ADVERTISE the Buchanan Field Airport pavement maintenance and related electrical upgrades project. Project No. 4855-4652-FAS-6X5333, DCD-CP #14-12, and FAA Project No. 3-06-0050-021 (District IV). FISCAL IMPACT: The estimated construction cost is $2,277,000; of which, approximately 90% (or $2,049,300) will be from the FAA, approximately 2.25% (or $51,233) will be from Caltrans, and approximately 7.75% (or $176,467) will be from the Airport Enterprise Fund. BACKGROUND: The Contra Costa County Public Works Department is in the process of improving the pavement and upgrading lights and signs on Taxiway Echo and Kilo at the Buchanan Field Airport. The project will include the minor reconstruction and surface maintenance of the two taxiways. The project is necessary to maintain the structural integrity of the taxiways as required by the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 2, 2016 Contra Costa County Subject:Buchanan Field Airport Taxiway Echo and Kilo Pavement and Electrical Enhancements February 2, 2016`Official Minutes 332 BACKGROUND: (CONT'D) FAA for safety, operational and capacity purposes. The project is consistent with the Buchanan Field Airport Master Plan adopted by the Board of Supervisors on October 28, 2008. The Department of Conservation and Development previously determined that this project is a Categorical Exemption, under Section 15301 (Class I) pf the California Environmental Quality Act (CEQA) Guidelines. The Notice of Exemption (County file CP #14-12) was administratively approved on April 16, 2014. Even though a Categorical Exemption has already been determined, our department still requires that Board of Supervisors to authorize the Public Works Direction, or designee, to advertise the project for bids. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project advertisement will result in a delay of the construction and may jeopardize Federal funding. February 2, 2016`Official Minutes 333 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer,or designee, of the Contra Costa County Flood Control & Water Conservation District (FC District), to execute a contract amendment with Contra Costa Resource Conservation District (CCRCD) effective January 1, 2016, to extend the contract term from July 7, 2017 to July 1, 2018 and increase the payment limit by $68,000 to a new payment limit of $218,000, to provide expanded watershed coordination services, Project No. 7520-6B8379. FISCAL IMPACT: This amendment will increase the budget for this project by $68,000 - 100% Flood Control Zone 3B Funds BACKGROUND: The Board of Supervisors approved an Interagency Agreement, dated July 21, 2015, with the Flood Control District and the Contra Costa Resource Conservation District (CCRCD) for the CCRCD to provide watershed coordination services to the Walnut Creek Watershed Council on behalf of the Flood Control District. Proposed APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mitch Avalon, 925-313-2203 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Mike Carlson, Mitch Avalon C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:Contract Amendment with Contra Costa Resource Conservation District to provide support services for the Contra Costa Watershed Forum February 2, 2016`Official Minutes 334 BACKGROUND: (CONT'D) Amendment No. 1 will update payment provisions, extend the term, increase the payment limit, and add additional services required by the FC District. The expanded services will allow the CCRCD to provide support services to the Contra Costa Watershed Forum to plan, organize, coordinate and manage their meetings throughout the year. The CCRCD will also be able to maintain the Watershed Forum website, maintain an inventory of past and current Watershed Forum meeting materials, and plan, organize, coordinate and manage the Watershed Forum’s Executive Committee meetings. CONSEQUENCE OF NEGATIVE ACTION: The contract amendment will not be approved, making it difficult for the FC District to continue support of Watershed Forum meetings. CHILDREN'S IMPACT STATEMENT: February 2, 2016`Official Minutes 335 RECOMMENDATION(S): ADOPT Resolution No. 2016/54 accepting as complete the contracted work performed by O.C. Jones & Sons, Inc., for the Buchanan Field Airport East Ramp Hangar Taxi Lane Reconstruction Project, as recommended by the Public Works Director, Concord area. Project No. 4853-4651-FAS-6X5323 FISCAL IMPACT: Project was funded by 100% Airport Enterprise Funds. BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of November 25, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction - J. Dowling C. 14 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:Notice of Completion of Contract for the Buchanan Field Airport East Ramp Hangar Taxi Lane Reconstruction Project, Concord area. February 2, 2016`Official Minutes 336 CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. CHILDREN'S IMPACT STATEMENT: AGENDA ATTACHMENTS Resolution No. 2016/54 MINUTES ATTACHMENTS Signed: Resolution No. 2016/54 February 2, 2016`Official Minutes 337 Recorded at the request of:Public Works Department Return To:Janet Dowling, 925-313-2330 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2016 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/54 In the Matter of Accepting and Giving Notice of Completion of Contract for the Buchanan Field Airport East Ramp Hangar Taxi Lane Reconstruction Project, Concord area. Project No. 4853-4651-FAS-6X5323 WHEREAS the Board of Supervisors RESOLVES that on June 16, 2015, the County contracted with O.C. Jones & Sons, Inc., for the work generally consisting of pavement marking removal; existing surface treatment removal, runway taxiway and apron pavement surface treatment, crack sealing, and runway and taxiway pavement markings in the Concord area, with Liberty Mutual Insurance Company as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of November 25, 2015. NOW THEREFORE, BE IT RESOLVED said work is ACCEPTED as complete on said date, and the Clerk shall file with the County Recorder a copy of this resolution and Notice as a Notice of Completion for said contract. Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction - J. Dowling February 2, 2016`Official Minutes 338 February 2, 2016`Official Minutes339 RECOMMENDATION(S): The Board of Supervisors, as the Governing Board of the Contra Costa County Flood Control and Water Conservation District (District): APPROVE the amended Right of Way Contract from Hall and Loads, Inc. (Grantor) for property rights located on a portion of Assessor’s Parcel Numbers 074-020-025 and 074-020-036 in Antioch, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act. (Project No. 7579-6D8399 [SCH#: 2014042078]) AUTHORIZE the Chief Engineer, or designee, to execute the amended Right of Way Contract on behalf of the District. APPROVE payment in the amount of $70,000 for said property rights; and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Hall & Loads, Inc., 777 North First Street, 5th Floor, San Jose, CA 95112, to be forwarded to the Real Estate Division of the Public Works Department for delivery. DIRECT the Real Estate Division of the Public Works Department to have the Grant of Easement, which was accepted by the Board of Supervisors on November 10, 2015, recorded in the Office of the County Clerk-Recorder and to deliver a conforming copy, along with the check, to the Grantor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Angela Bell, 925-313-2337 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:West Antioch Creek Channel Improvements Project - Amended Right of Way Contract with Hall & Loads, Inc. February 2, 2016`Official Minutes 340 RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: 100% Drainage 55 funds. BACKGROUND: On November 10, 2015, the Board of Supervisors, as the Governing Board of the District approved the Right of Way Contract and accepted the Grant of Easement dated October 8, 2015 from the Grantor for property rights located on a portion of APN 074-020-025 and 074-020-036 in Antioch in connection with the West Antioch Creek Channel Improvement Project. The District also approved payment, in the amount of $70,000 to Fidelity National Title Company (Title Company) for Escrow No. FCHC-T15001886. Since that time, the Title Company has informed the Real Estate Division of the Public Works Department that it cannot move forward with recording the permanent easements and disbursing the funds to the Grantor. The Title Company has returned the Grant of Easement and funds to the District. The Right of Way contract is being amended to reflect an internal escrow. On March 10, 2015, the Board of Supervisors approved the proposed project and adopted the Mitigated Negative Declaration pertaining to the project, SCH #2014042078. CONSEQUENCE OF NEGATIVE ACTION: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. ATTACHMENTS Right of Way Contract February 2, 2016`Official Minutes 341 RIGHT OF WAY CONTRACT RW 4-3E Page 1 of 2 1 ______________________, California ______________________, 2016 Grantor: Hall & Loads, Inc. Address: 1400 W. 4th Street, Antioch Project: West Antioch Creek Channel Improvements Project No.: 7579-6D8399 Ptn. of Parcels: 074-040-025 and 036 RIGHT OF WAY CONTRACT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND GRANTOR NAMED HEREIN A Document in the form of a Grant of Easement, dated October 8, 2015, covering the property particularly described in the above instrument (Property) has been executed and delivered to Angela Bell, Assistant Real Property Agent for Contra Costa County (County). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: A. (1) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Contra Costa County Flood Control and Water Conservation District (District) of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (2) District requires Property for the purpose of two Permanent Access Easements, a public use for which District has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and District is compelled to acquire the property. B. The District shall: 1. Pay the undersigned Grantor the sum of Seventy Thousand Dollars ($70,000) for the property or interest therein as conveyed by the above document when title to said property or interest vests in the District. Title to be taken subject to Grantor's underlying fee title and: a) Covenants, conditions, restrictions and reservations of record, if any. b) Easements or rights of way of record over said property. C. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor further agrees to hold the District harmless and reimburse the District for any and all of its losses and February 2, 2016`Official Minutes 342 RIGHT OF WAY CONTRACT RW 4-3E Page 2 of 2 2 expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one month. D. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said action. E. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the District, including the right to remove and dispose of improvements, shall commence on February 2, 2016 and that the amount shown in Clause 2(a) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. CONTRA COSTA COUNTY GRANTORS FLOOD CONTROL AND WATER Hall & Loads, Inc., CONSERVATION DISTRICT, a California Corporation Recommended to the Board of Supervisors for Approval: By By Angela Bell Casey B. Swenson Assistant Real Property Agent By By Lisa M. Swenson Karen A. Laws Principal Real Property Agent Date: APPROVED: By Julia R. Bueren Chief Engineer Date: (Date of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED AB:mc G:\realprop\West Antioch Creek Project\ROW Contracts\RW04-03E RW Contract - Hall & Loads 1-12-16.doc 03/03/10 February 2, 2016`Official Minutes 343 RECOMMENDATION(S): DENY claims filed by Juanita Faria and Carolyn Richmond. FISCAL IMPACT: No fiscal impact. BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 17 To:Board of Supervisors From:David Twa, County Administrator Date:February 2, 2016 Contra Costa County Subject:claims February 2, 2016`Official Minutes 344 RECOMMENDATION(S): Accept the resignation of Martha Berthelsen, DECLARE a vacancy in the District 1 Seat on the Fish & Wildlife Committee, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia. FISCAL IMPACT: None BACKGROUND: The Fish and Wildlife Committee advises the Contra Costa County Board of Supervisors on fish and wildlife issues that may affect the County. It makes recommendations to the Board for the expenditure of funds from the Fish and Wildlife Propagation Fund pursuant to Fish and Game Code Section 13103. It addresses issues surrounding the enforcement of fish and game laws and regulations in the County. The Fish and Wildlife Committee has ten regular positions, five nominated by individual members of the Board of Supervisors, four “At-Large” positions and one “Alternate to At-Large” position nominated by the Internal Operations Committee of the Board of Supervisors. Mrs. Smith has been serving successfully on the Fish & Wildlife Committee and wishes to resign her seat. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: James Lyons, 510-231-8692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 19 To:Board of Supervisors From:John Gioia, District I Supervisor Date:February 2, 2016 Contra Costa County Subject:ACCEPT the resignation of Martha Berthelsen from the Fish & Wildlife Committee. February 2, 2016`Official Minutes 345 RECOMMENDATION(S): ACCEPT the resignation of Mr. Paul Mikolaj, DECLARE vacant the Advisory Council on Aging, Local Committee Alamo-Danville seat, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director. FISCAL IMPACT: None. BACKGROUND: Mr. Mikolaj was appointed to the Advisory Council on Aging for a term February 3, 2015 through September 30, 2016. The Advisory Council on Aging provides a means for county-wide planning, cooperation, and coordination for individuals and groups interested in improving and developing services and opportunities for the older residents of the County. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. CONSEQUENCE OF NEGATIVE ACTION: The Advisory Council on Aging may not be able to conduct routine business. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 20 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2016 Contra Costa County Subject:Advisory Council on Aging Resignation February 2, 2016`Official Minutes 346 RECOMMENDATION(S): APPOINT the following person to the District II Alternate Seat of the First 5 Children and Families Commission for a term with an expiration date of August 16, 2016, as recommended by Supervisor Candace Andersen: Marilyn Cachola Lucey 359 South Avenue Alamo, CA 94507 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: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 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. 18 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 2, 2016 Contra Costa County Subject:APPOINTMENT TO THE FIRST 5 CHILDREN AND FAMILIES COMMISSION February 2, 2016`Official Minutes 347 CONSEQUENCE OF NEGATIVE ACTION: The District II Alternate Seat will remain vacant. CHILDREN'S IMPACT STATEMENT: The First 5 Children and Families Commission achieves all 5 Children's Impact Statements: •Children Ready for and Succeeding in School •Children and Youth Healthy and Preparing for Productive Adulthood •Families that are Economically Self Sufficient •Families that are Safe, Stable, and Nurturing •Communities that are Safe and Provide a High Quality of Life for Children and Families February 2, 2016`Official Minutes 348 RECOMMENDATION(S): REAPPOINT the following individuals to the Integrated Pest Management Committee: Susan Heckly, 1893 Eloise Ave, Pleasant Hill, the Public Seat for a representative from the County Fish and Wildlife Committee; and Carlos Agurto, Pestec IPM Provider, 1804 Sanger Peak Ct., Antioch, seat for County Pest Management Contractor. FISCAL IMPACT: None. BACKGROUND: Both Susan Heckly’s and Carlos Agurto’s terms on the IPM Advisory Committee ended on December 31, 2015. Current IPM Advisory Committee Membership (from the Committee’s bylaws): Membership The membership of the Committee shall be composed of the following: 1. Four (4) ex-officio, non-voting members as follows: a. Agricultural Commissioner, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randy Sawyer, 335-3201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Tanya Drlik C. 21 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Appointment to the Integrated Pest Management Advisory Committee February 2, 2016`Official Minutes 349 BACKGROUND: (CONT'D) or designee b. Public Works Facilities Maintenance Manager, or designee c. Public Works Deputy Director, or designee d. A current Structural Pest Management contractor with the Public Works Facilities Maintenance Division 2. Eight (8) voting members as follows: a. Two (2) ex-officio members: i. Health Services Department representative ii. County/Unincorporated County Storm Water Program representative b. Six (6) public members: i. Public and Environmental Health Advisory Board representative ii. County Fish and Wildlife Committee representative iii. Three (3) Type 2, “At Large Appointments,” iv. One (1) Type 3, “At Large Appointment,” for an environmental organization with either 501(c)(3) or 501(c)(4) status 3. One (1) Type 3, “At Large Appointment” for a Public Member – Alternate. The County Fish and Wildlife Committee (FWC) nominated Susan Heckly on November 18, 2015. If this action is approved, the term expirations for the appointments made under this Board Order will be as follows: Susan Heckly, Fish and Wildlife Committee Representative: December 31, 2019 Carlos Agurto, County Structural Pest Management Contractor Representative: December 31, 2017 CONSEQUENCE OF NEGATIVE ACTION: The seats will remain vacant. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 350 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21807 to add three (3) Associate Teacher – Project (CJW1) (represented) positions at a salary plan and grade QH5 0643 ($2,168 - $2,635) and one (1) Teacher - Project (CJN1) (represented) position at a salary plan and grade QH5 0974 ($2,921 - $3,550); cancel one (1) Master Teacher – Project (CJT1) (represented) vacant position # 14805 at a salary plan and grade QH5 1005 ($3,102 - $3,771) and three (3) Early Childhood Educator - Project (9MW4) (represented) vacant positions #14167, 14168, and #15500 at a salary plan and grade QH5 0974 ($2,921 - $3,550) in the Employment and Human Services Department. FISCAL IMPACT: Upon approval, this action will result in an annual cost saving of approximately $30,361, which includes $4,358 in pension cost savings. BACKGROUND: The child care program operated by Community Services Bureau (CSB) is ratio-driven. Both the Community Care Licensing and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Reni Radeva (925) 681-6321 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: EHSD/Community Services Bureau, Human Resources, Otilia Parra, James Hicks C. 23 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2016 Contra Costa County Subject:Add and cancel positions in EHSD/CSB February 2, 2016`Official Minutes 351 BACKGROUND: (CONT'D) Head Start regulations require that classrooms are staffed at all times with qualified and sufficient number of teaching staff. CSB experiences difficulties to always ensure that sufficient numbers of qualified substitute teachers and associate teachers are available to meet ratio and qualification requirements. The substitute teaching staff used by CSB are county temporary employees. The majority of them work for several different programs and are not always available to substitute at CSB centers with a short notice of request or in case of emergency. Throughout the years CSB was able to hire permanent teacher and associate teacher floaters to be used to cover for absent staff in the classrooms. With opening classrooms and changing program options, these permanent floaters were placed in assigned classrooms, thus at this time CSB does not have any permanent teacher or associate teacher floaters. Canceling vacant positions in classifications that we are not planning to expand and adding more teacher and associate teacher positions to be used as permanent floaters will ensure that the Community Service Bureau has sufficient number of qualified and available staff to maintain the teacher/adult ratio at all times. CONSEQUENCE OF NEGATIVE ACTION: If CSB does not add teacher and associate teacher positions, the Bureau cannot hire permanent floaters and will need to depend only on substitute staff - County temps. Due to substitute staff's availability and scheduling challenges, CSB may not be always able to ensure the required number of qualified staff to meet ratio regulations. Failure to ensure that ratio and qualification requirements are met in the classrooms at all times, may result in program deficiency and may impact the program's operation and future funding. CHILDREN'S IMPACT STATEMENT: Community Services Bureau supports all five outcomes establish by the Children’s Report Card: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. The teachers and the associate teachers provide services that are geared toward supporting all of these outcomes. AGENDA ATTACHMENTS P300 No. 21807 EHSD P300 No. 21807 Attachment 1A MINUTES ATTACHMENTS P300 #21807 February 2, 2016`Official Minutes 352 POSITION ADJUSTMENT REQUEST NO. 21807 DATE 12/15/2015 Department No./ Department EHSD/CSB Budget Unit No. 0588 Org No. 1462 Agency No. 019 Action Requested: ADD three (3) Associate Teacher – Project (CJW1) (represented) positions and one (1) Teacher - Project (CJN1) (represented) position and cancel one (1) Master Teacher – Project (CJT1) (represented) vacant position # 14805 and three (3) Early Childhood Educator - Project (9MW4) (represented) vacant positions #14167, 14167 and 15500 in the Employment and Human Services 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: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($30,361.00) Net County Cost $0.00 Total this FY ($15,180.00) N.C.C. this FY 0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Federal funding Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Reni Radeva ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kevin J. Corrigan 1/4/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/13/2016 see Attachment 1-A Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. ________(Date) Lisa Lopez 1/27/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/28/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: ___________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 2, 2016`Official Minutes 353 REQUEST FOR PROJECT POSITIONS Department Date 1/28/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 2, 2016`Official Minutes 354 Board of Supervisors - Agenda February 2, 2016 AIR #24068 P300# 21807 Add three (3) Associate Teacher – Project (CJW1) (represented) positions at a salary plan and grade QH5 0643 ($2,168 - $2,635), and add one (1) Teacher - Project (CJN1) (represented) position at a salary plan and grade QH5 0974 ($2,921 - $3,550); cancel one (1) Master Teacher – Project (CJT1) (represented) vacant position # 14805 at a salary plane and grade QH5 1005 ($3,102 - $3,771), and three (3) Early Childhood Educator - Project (9MW4) (represented) vacant positions #14167, 14168, and #15500 at a salary level QH5 0974 ($2,921 - $3,550) in the Employment and Human Services Department. February 2, 2016`Official Minutes 355 February 2, 2016`Official Minutes356 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21821 to add one (1) Public Health Mobile Clinic Operator (VMTB) at salary level QS5-1160 ($3,510-$4,266) and cancel vacant Driver Clerk (9QWA) position #13666 at salary level QS5-1026 ($3,074-$3,736) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $9,352 which includes $2,258 in pension costs. The cost will be 100% funded by Federally Qualified Health Care revenues. BACKGROUND: Position Adjustment Resolution No. 21649 was adopted by the Board of Supervisors on August 18, 2015 to reclassify nine (9) Driver Clerk positions to Public Health Mobile Clinic Operators. Driver Clerk Position #13666 was one of the nine positions intended to be reclassified. This position was and is still vacant and was inadvertently excluded when all the other filled positions were reclassified. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Arlene J. Lozada (925)957-5269 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 26 To:Board of Supervisors From:William Walker, M.D., Health Services Date:February 2, 2016 Contra Costa County Subject:Add one (1) full-time Public Health Mobile Clinic Operator and cancel one (1) Driver Clerk Position #13666 in the Health Services Department. February 2, 2016`Official Minutes 357 BACKGROUND: (CONT'D) Under supervision, the Public Health Mobile Clinic Operator drives and operates a mobile health clinic van to locations as scheduled, provides a variety of routine to difficult patient service duties, works closely with a skilled multi-disciplinary team in the field, and assists clinic practitioner and other staff on the mobile health van or at field sites. It is distinguished from the Driver Clerk classification in that the latter drives a motor vehicle, does routine clerical and manual work required in providing messenger and delivery service between County offices and branches. Driver Clerk Position #13666 is no longer applicable and is no longer needed in Public Health because of the roles and responsibilities of incumbents assigned to operate the mobile health clinic vehicles. It is therefore appropriate to add the Public Health Mobile Clinic Operator position and cancel the vacant Driver Clerk position #13666. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Public Health Services will not be able to fill the vacant position in accordance with program requirements and the appropriate roles and responsibilities of the Public Health Mobile Clinic Operator. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS P300 No. 21821 MINUTES ATTACHMENTS P300 #21821 signed February 2, 2016`Official Minutes 358 POSITION ADJUSTMENT REQUEST NO. 21821 DATE 1/12/2016 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6418 Agency No. A18 Action Requested: Add one (1) full-time Public Health Mobile Clinic Operator and cancel one (1) Driver Clerk Position #13666 in the Health Services Department. Proposed Effective Date: 2/3/2016 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 $9,352.90 Net County Cost $0.00 Total this FY $3,117.63 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Federally Qualified Health Care revenues Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Arlene J. Lozada ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/26/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approved as requested by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 2, 2016`Official Minutes 359 REQUEST FOR PROJECT POSITIONS Department Date 1/26/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 2, 2016`Official Minutes 360 February 2, 2016`Official Minutes361 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21820 to add one (1) Secretary-Advanced Level (J3TG) position ($3,627-$4,643) and cancel vacant Clerk-Senior Level (JWXC) position #7174 ($3,087-$3,942) in the Hazardous Materials Division of the Health Services Department. (Both represented classes) FISCAL IMPACT: Upon approval, the costs associated with this action will be approximately $12,353 annually with benefits, including $2,983 in pension costs. Costs will be 100% funded by Hazardous Materials Fee Revenues. BACKGROUND: The passage of Assembly Bill 2286 in 2008 required electronic reporting of all hazardous materials data to the local agency. With the implementation of this bill, the amount of paperwork processing and data entry has decreased significantly. The Hazardous Materials Division now has a greater need for administrative support and duties that are consistent with the classification of Secretary-Advanced Level. These duties include (but are not limited to): drafting and editing correspondences, preparing reports and meeting notes, as well as prioritizing and maintaining appointment calendars for division managers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristen Cunningham, 957-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 25 To:Board of Supervisors From:William Walker, M.D., Health Services Date:February 2, 2016 Contra Costa County Subject:Add one Secretary-Advanced Level position and cancel one vacant Clerk-Senior Level position in the Health Services Department February 2, 2016`Official Minutes 362 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Hazardous Materials division will not have the appropriate administrative personnel to staff its operations. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS P300 No. 21820 HSD MINUTES ATTACHMENTS P300 #21820 signed February 2, 2016`Official Minutes 363 POSITION ADJUSTMENT REQUEST NO. 21820 DATE 1/11/2016 Department No./ Department HEALTH SERVICES-HazMat Budget Unit No. 0452 Org No. 5879 Agency No. A18 Action Requested: Add one Secretary- Advanced Level (J3TG) position and cancel vacant Clerk-Senior Level (JWXC) position #7174 in the Hazardous Materials Programs division of the Health Services Department Proposed Effective Date: 2/3/2016 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 $12,353.12 Net County Cost $0.00 Total this FY $5,147.13 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Hazardous Materials Generated Fees Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Kristen Cunningham ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review through delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/26/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 2, 2016`Official Minutes 364 REQUEST FOR PROJECT POSITIONS Department Date 1/26/2016 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 2, 2016`Official Minutes 365 February 2, 2016`Official Minutes366 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21822 to add two (2) Network Administrator II (LNSB) positions ($6,530-$7,937) in the Information Technology unit of the Health Services Department. FISCAL IMPACT: The additional costs associated with this action are approximately $294,205 annually with benefits, including $67,631 in pension costs. Costs will be 100% funded by Third Party Revenues. BACKGROUND: Network Administrator II’s take on higher level responsibilities among the Contra Costa Health Services IT infrastructure group. They continue to learn new systems and troubleshooting methodologies. Part of this group are the ECSM (Epic Certified Systems Manager) team, whom have primary responsibilities to upgrade, maintain, and provide reliable uptime to Contra Costa Health’s Electronic Medical Record Systems. This ongoing support includes demonstrated project management skills, system/network management, monitoring; and advanced troubleshooting of servers, networks, devices, and workstations. Contra Costa Health Services (CCHS) relies on the skills APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristen Cunningham, 957-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 24 To:Board of Supervisors From:William Walker, M.D., Health Services Date:February 2, 2016 Contra Costa County Subject:Add two Network Administrator II positions in the Health Services Department February 2, 2016`Official Minutes 367 BACKGROUND: (CONT'D) and availability of the ECSM team, whom the Health Services Information Technology unit would like to add two Network Admin II positions towards. Currently, these projects are being handled by two (2) Network Administrator I's and the Department has determined the need for these projects to be handled by Network Administrator II positions due to the complexity involved. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved and without additional staff, Health Services Information Technology will not have the appropriate personnel to support its infrastructure group. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS P 300 No. 21822 HSD MINUTES ATTACHMENTS P300 #21822 signed February 2, 2016`Official Minutes 368 POSITION ADJUSTMENT REQUEST NO. 21822 DATE 1/4/2016 Department No./ Department HEALTH SERVICES-Info Technology Budget Unit No. 0540 Org No. 6555 Agency No. A18 Action Requested: Add two (2) Network Administrator II (LNSB) positions in the Information Technology unit of the Health Services Department. Proposed Effective Date: 02/03/2016 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 $294,205.58 Net County Cost $0.00 Total this FY $147,102.79 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Costs funded by Third Party Revenues Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Kristen Cunningham ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/26/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approved as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 2, 2016`Official Minutes 369 REQUEST FOR PROJECT POSITIONS Department Date 1/27/2016 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 2, 2016`Official Minutes 370 February 2, 2016`Official Minutes371 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21819 to reclassify one (1) Clerk-Senior Level (JWXC) (represented) position #10271 at salary plan and grade 3RX 1033 ($3087.45 - $3942.80) and incumbent to Information Systems Specialist I (LTWA) (represented) at salary plan and grade QS5 1244 ($3814.67 - $4636.75) in Risk Management. FISCAL IMPACT: The action will result in an annual cost of $11,916 of which $2,796 is due to pension costs. BACKGROUND: A clerk-senior level has been providing technical support to the Loss Control/Training Unit staff with the e-Learning application and troubleshooting errors with the e-Learning platform as well as providing technical support to the Loss Control/Training Unit and the Administrative Unit in Risk Management. The clerk is the only support staff in the Loss Control/Training Unit and since May 2013 has been performing the additional duties. CONSEQUENCE OF NEGATIVE ACTION: If not approved, employee will be performing higher level duties without appropriate classification and compensation. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord 925.335.1450 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 22 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:February 2, 2016 Contra Costa County Subject:Reclassify one (1) Clerk-Senior Level position and its incumbent to Information Systems Specialist I February 2, 2016`Official Minutes 372 AGENDA ATTACHMENTS P300 21819 MINUTES ATTACHMENTS P300 #21819 signed February 2, 2016`Official Minutes 373 POSITION ADJUSTMENT REQUEST NO. 21819 DATE 11/4/2015 Department No./ Department CAO-Risk Management Budget Unit No. 0150 Org No. 1505 Agency No. 02 Action Requested: Reclassify Position #10271 and incumbent from Clerk-Senior Level (JWXC) to Information Systems Specialist I (LTWA) in the Risk Management Division of the County Administrator's Office Proposed Effective Date: 2/3/2015 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 $11,916.00 Net County Cost $0.00 Total this FY $4,965.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Self-Insurance Trust Funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Sharon Hymes-Offord ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/21/2016 ADOPT Position Adjustment Resolution No. 21819 to reclassify one (1) Clerk-Senior Level (JWXC) (represented) position #10271 at salary plan and grade 3RX 1033 ($3087.45 - $3942.80) and incumbent to Information Systems Specialist I (LTWA) (represented) at salary plan and grade QS5 1244 ($3814.67 - $4636.75) in Risk Management. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Lisa Lopez 1/21/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 2, 2016`Official Minutes 374 REQUEST FOR PROJECT POSITIONS Department Date 1/25/2016 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 2, 2016`Official Minutes 375 February 2, 2016`Official Minutes376 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or his designee, to execute Grant Agreement VA261-15-C-0105 (County #29-539-4) with the U. S. Department of Veterans Affairs Northern California Health Care System, to pay the County an amount not to exceed $124,100, for the provisions of services and associated operating cost of the Philip Dorn Respite Center through the West County’s Adult Interim Housing Program in Richmond, for the period from September 29, 2015 through September 29, 2016. FISCAL IMPACT: Approval of this Agreement will result in an amount not to exceed $124,100, payable to County, for the West County’s Adult Interim Housing Program, Philip Dorn Respite Center in Richmond through September 29, 2016. (No County match). BACKGROUND: The Health Services Department seeks continuous funding to provide interim housing, treatment, and other services for homeless veterans that access the Philip Dorn Respite APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 27 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Grant Agreement #29-539-4 from the U. S. Department of Veterans Affairs Northern California Health Care System February 2, 2016`Official Minutes 377 BACKGROUND: (CONT'D) Center through the West County emergency shelter program. Each year the shelters provide interim housing and support services to over 75 homeless veterans of Contra Costa County. On June 16, 2015, the Board of Supervisors approved Amendment Agreement with the U.S. Department of Veterans Affairs Northern California Health Care System, for services and associated operating cost of the Philip Dorn Respite Center through the West County’s Adult Interim Housing Program in Richmond, for the period from March 31, 2015 through September 29, 2015. Approval of this Grant Agreement #29-539-4 will allow the County to continue to receive funds to support the West County’s Adult Interim Housing Program Philip Dorn Respite Center in Richmond through September 29, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this Agreement is not approved, the County will not receive funding to support the veterans requiring homeless shelter. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 378 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Standard Agreement (Amendment) #29-784-8 (State #03-75796, A11) with the State of California, Department of Health Care Services (DHCS), effective July 1, 2015 for the rates, to amend Standard Agreement #29-784 (as amended by Amendment Agreements #29-784-1 through #29-784-7), with no change in the original payment limit of $1,594,000, to extend the term from December 31, 2015 through December 31, 2016, to allow the County to continue providing Local Initiative Program services. FISCAL IMPACT: Approval of this amendment will reflect no change in the original amount payable to County of $1,594,000 for the Local Initiative Program services that are not approved for Federal funding. No County match required. BACKGROUND: On August 15, 2006, the Board of Supervisors approved Standard Agreement Amendment #29-784 (as amended by Amendment Agreements #29-784-1 through #29-784-7) with the California DHCS for the period from August 1, 2003 through December 31, 2015. Approval of Standard Agreement (Amendment) #29-784-8 will allow the County to continue providing Local Initiative Program services that are not approved for Federal funding, through December 31, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary (925) 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 29 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Standard Agreement (Amendment) #29-784-8 with the State of California, Department of Health Care Services February 2, 2016`Official Minutes 379 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, funding for continuous services to County Medi-Cal recipients will not be provided. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 380 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to submit funding application #28-362 to the American Academy of Pediatrics, on behalf of the County, in an amount not to exceed $2,500 to support the County’s Emergency Medical Services (EMS) Pediatric Mental Health Coalition Building Opportunity Project, for the period from January 1, 2016 through June 30, 2016. FISCAL IMPACT: Approval of this funding application will result in a maximum amount of $2,500 from the American Academy of Pediatrics for County’s Emergency Medical Services (EMS) Pediatric Mental Health Coalition Building Opportunity Project. (No County match required) BACKGROUND: In 2014, more than 1,000 children were hospitalized for mental health issues and nearly 30% of adolescence report symptoms of depression at some time during middle school and high school (kidsdata.org, 2015). It is well published that disasters affect every child in some way, and as resources and support are provided, there is an improvement in the level of function, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost (925) 313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 32 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Submission of funding Application #28-362 to the American Academy of Pediatrics February 2, 2016`Official Minutes 381 BACKGROUND: (CONT'D) and continued support strengthens the child’s ability to recover. Without proper resources and support for the mental health needs of children during disasters, the children will ultimately fall into the already inundated EMS and hospital system during a disaster. The goal of the project will be to broaden the existing coalition’s preparedness for caring for children in disasters, through training and develop a pediatric mental health provider strike team to deploy when requested to the disaster area, thereby meeting the needs of children and adolescence during the response and recovery phase of a disaster. The funds will be used for training and to develop a pediatric mental health strike team in Contra Costa County to meet the mental health needs of children during disasters through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this application is not accepted, the County will not receive funds to support needs of children and adolescence during the response and recovery phase of a disaster. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE February 2, 2016`Official Minutes 382 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to submit funding application #28-825-6 to the National Association of County and City Health Officials (NACCHO), in an amount not to exceed $15,000, for Contra Costa Medical Reserve Corps (MRC) Non-Competitive Capacity Building Grant Project, for the period from January 1, 2016 through June 30, 2016. FISCAL IMPACT: Approval of this funding application will result in a maximum amount of $15,000 from National Association of County and City Health Officials (NACCHO) to support the County’s Medical Reserve Corps Non-Competitive Capacity Building Grant Project. No County match required. BACKGROUND: The Contra Costa Medical Reserve Corps (MRC) is housed under Contra Costa County’s Emergency Medical Services (EMS), which is part of Contra Costa County Health Services Department (HSD). CCMRC is part of the County's emergency planning and response system to address the need for additional medical professionals APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost (925) 313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg, M Wilhelm C. 31 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Submission of funding Application #28-825-6 to the National Association of County and City Health Officials (NACCHO) February 2, 2016`Official Minutes 383 BACKGROUND: (CONT'D) to respond to a medical surge event or an event such as those requiring the mass distribution of pharmaceuticals. Additionally, the CCMRC participates in trainings, health fairs, flu clinics, first aid, and community service. The NACCHO award will provide funding to allow CCMRC to acquire medical supply cases and an assistant MRC Coordinator (to manage community/hospital outreach training). The funds will be used to provide continuous support to County’s MRC Non-Competitive Capacity Building Grant Project to enhance the Contra Costa Medical Reserve Corps unit through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this application is not accepted, the County’s Emergency Medical Services will not receive funding to support its Non-Competitive Capacity Building Grant Project to continue enhancement of the Medical Reserve Corps. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 384 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to submit funding application #29-601 to Community Awareness Emergency Response (CAER), on behalf of the County, in an amount not to exceed $2,500 to support the County’s Emergency Medical Services (EMS) Medical Reserve Corps Emergency Preparedness Project, for the period from January 1, 2016 through June 30, 2016. FISCAL IMPACT: Approval of this funding application will result in a maximum amount of $2,500 from CAER for County’s Emergency Medical Services (EMS). (No County match required) BACKGROUND: Contra Costa County EMS in collaboration with the Contra Costa Medical Reserve Corps, Public Health, Pittsburg Police Department, City of Pittsburg, American Medical Response, Dozier Libbey Medical High School, other members of the Medical/Health Coalition, and other ambulance providers, are working together to test the activation, response and demobilization of volunteers and equipment, to establish a medical needs shelter in the County. The goal of EMS is to conduct APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost (925) 313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Jacqueline Pigg C. 30 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Submission of funding Application #29-601 to Community Awareness Emergency Response (CAER) February 2, 2016`Official Minutes 385 BACKGROUND: (CONT'D) full-scale exercises engaging the County’s Medical Reserve Corps and key stakeholders to test County’s emergency response capabilities and resiliency. The funds will be used to support disaster response drills, table top training exercises, education and equipment needed during an emergency, through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this application is not accepted, the County will not receive funds to support emergency disaster response exercises and purchase equipment necessary for community events. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 386 RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to submit an application and execute a grant award agreement, agreement, and any extensions or amendments thereof, pursuant to State guidelines, with the California Governor's Office of Emergency Services (Cal OES), Criminal Justice/Emergency Management Victim Services Branch, for funding of the Underserved funding of the Underserved Victim Advocacy and Outreach Program for the period April 1, 2016 through March 31, 2017 in the amount of $175,000. FISCAL IMPACT: The District Attorney will receive up to $175,000 to fund victim advocacy staff to provide better services to underserved populations in targeted areas. This funding requires a 25% in-kind match, which will be met with services provided by the Richmond and Pittsburg Police Departments. BACKGROUND: The Underserved Victim Advocacy and Outreach Program is supported by Victims of Crime Act (VOCA) Assistance and is authorized and is authorized by the Victims of Crime Act APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cherie Mathisen I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 28 To:Board of Supervisors From:Mark Peterson, District Attorney Date:February 2, 2016 Contra Costa County Subject:Underserved Victim Advocacy and Outreach Program Grant February 2, 2016`Official Minutes 387 BACKGROUND: (CONT'D) of 1984, as amended. The primary goal of the program is to enhance the safety of unserved/underserved victim populations in California by establishing victim advocacy programs solely dedicated to the unserved/underserved population, coordinate direct services in an enhanced response to victimization of specific crime populations among locally involved agencies and implement an outreach awareness program to the specific population determined as unserved/underserved. This grant will fund services to the designated unserved/underserved victim population. ATTACHMENTS Resolution No. 2016/48 February 2, 2016`Official Minutes 388 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/48 Resolution of the Board of Supervisors of the County of Contra Costa authorizing the District Attorney to sign, on behalf of the Board of Supervisors, an agreement between the California Governor's Office of Emergency Services (Cal OES), Criminal Justice/Emergency Management, Victim Services Branch, and the County of Contra Costa. Whereas the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated as the Underserved Victim Advocacy and Outreach Program to be funded from funds made available under the authority of the California Governor's Office of Emergency Services (Cal OES), Criminal Justice/Emergency Management, Victim Services Branch. NOW, THEREFORE BE IT RESOLVED that the District Attorney of the County of Contra Costa is authorized to execute, on behalf of the Board of Supervisors, the Grant Award Agreement, including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures previously authorized or controlled by this body. Contact: Cherie Mathisen I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: 5 February 2, 2016`Official Minutes 389 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #23-461-6 with Vialanguage, Inc., a corporation, effective January 1, 2016, to amend Contract #23-461-4 (as amended by #23-461-5), to increase the payment limit by $100,000, from $200,000, to a new payment limit of $300,000, with no change in the original term of December 1, 2013 through November 30, 2016. FISCAL IMPACT: This Amendment is funded 100% by Hospital Enterprise I Fund. (Rate increase) BACKGROUND: In January 2014, the County Administrator approved and the Purchasing Services Manager executed Contract #23-461-4 (Amendment/Extension Agreement #23-461-5), with Vialanguage, Inc. for the provision of translation of written documents for the County’s Health Services Department, for the period from December 1, 2013 through November 30, 2016. Approval of Contract Amendment Agreement #23-461-6 will allow the Contractor to continue providing translation services through November 30, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: William Walker, MD, 957-5403 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm C. 47 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Amendment #23-461-6 with Vialanguage, Inc. February 2, 2016`Official Minutes 390 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not be able to continue to provide translation services. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 391 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #26-732-7 with Christopher John Voscopoulos, M.D., an individual, effective June 1, 2015, to amend Contract #26-732-3 (as amended by Contact Amendments #26-732-4, #26-732-5, and #26-732-6) to increase the payment limit by $135,737, from $1,530,000 to a new payment limit of $1,665,737, with no change in the original term of September 1, 2013 through August 31, 2016. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On September 24, 2013, the Board of Supervisors approved Contract #26-732-3 (as amended by Amendment Agreements #26-732-4 through #26-732-6) with Christopher John Voscopoulos, M.D. for the provision of anesthesiology services and critical care provider at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from September 1, 2013 through August 31, 2016. At the time of negotiations, the payment limit was based on target levels APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 37 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Amendment #26-732-7 with Christopher John Voscopoulos, M.D. February 2, 2016`Official Minutes 392 BACKGROUND: (CONT'D) of utilization. However, the utilization during the term of the agreement was higher than originally anticipated due to increased caseload. Approval of Contract Amendment Agreement #26-732-7 will allow the Contractor to provide additional anesthesiology services at CCRMC through August 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not be paid for additional services provided in good faith. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 393 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #26-792-2 with Edward Tang, M.D., an individual, effective January 1, 2016, to amend Contract #26-792 (as amended by Amendment Agreement #26-792-1) to increase the payment limit by $30,000 from $350,000 to a new payment limit of $380,000 and no change in the original term of March 1, 2015 through February 29, 2016. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On March 10, 2015, the Board of Supervisors approved Contract #26-792 (as amended by Amendment Agreement #26-792-1) with Edward Tang, M.D. for the provision of orthopedic services at Contra Costa Regional Medical and Contra Costa Health Centers (CCRMC), for the period from March 1, 2015 through February 29, 2016. At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization during the term of the agreement was higher than originally anticipated. Approval of Contract Amendment Agreement #26-792-2 will allow the Contractor to provide additional orthopedic services through February 29, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 38 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Amendment #26-792-2 with Edward Tang, M.D. February 2, 2016`Official Minutes 394 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients requiring orthopedic services will not have access to the contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 395 RECOMMENDATION(S): APPROVE AND AUTHORIZE the County Counsel, or designee, to execute, on behalf of the County, a contract with Baker & O'Brien, Inc., in an amount not to exceed $700,000 to provide refining industry analyses in connection with refinery property tax appeals, for the period from January 1, 2016 through December 31, 2016. FISCAL IMPACT: The cost of this contract is paid through property tax administration fees, approximately half of which come from the general fund. BACKGROUND: Baker and O'Brien, Inc. is a consultant for refinery industry analyses, and provides the County with specialized consulting services with respect to the refining industry and refineries in defending actual and anticipated assessment appeals, which challenge the valuations of the taxable property of refineries in Contra Costa County. These appeals typically place several billion dollars of valuation in issue. Assistance is required because valuations of refineries are highly technical, requiring specialized knowledge that only industry experts have. The Assessor concurs with and supports this recommendation. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, there is a greatly increased possibility of very significant but presently unquantifiable impacts due to adverse decisions by the Assessment Appeals Board on large refinery valuation disputes. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Rebecca J. Hooley, Deputy County Counsel, 925 335-1854 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Robert Campbell, Auditor-Controller, Gus Kramer, Assessor, Baker & O'Brien, via County Counsel C. 55 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 2, 2016 Contra Costa County Subject:APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES February 2, 2016`Official Minutes 396 CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 397 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Atco Towing and Recovery, in an amount not to exceed $200,000 for vehicle towing services, for the period February 1, 2016 through January 31, 2019, Countywide. FISCAL IMPACT: 100 % Fleet Internal Service and General Funds BACKGROUND: Public Works Fleet Services maintains all County vehicles. As such, vehicle towing is an important part in getting damaged or broken units from one point to another. As bid on Bidsync # 1511-162, Atco Towing and Recovery has been awarded as the County’s primary towing vendor. We are requesting this contract be approved for a period covering the next three years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 44 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE a Contract with Atco Towing and Recovery February 2, 2016`Official Minutes 398 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, vehicle towing services will be discontinued. February 2, 2016`Official Minutes 399 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Timothy J. Clay (dba Diablo Boiler) in an amount not to exceed $1,500,000 to provide boiler service repair and maintenance, for the period February 1, 2016 through January 31 2019, Countywide. FISCAL IMPACT: This cost is to be funded through Facilities Services maintenance budget. (100% General Fund) BACKGROUND: Public Works Facilities Services is responsible for maintenance of all hot water, boiler furnace and heat pump systems at County facilities. Scheduling this maintenance is done by Facilities Services, but the actual maintenance is performed by outside vendors. As bid on Bidsync # 1510-158, Diablo Boiler has been awarded this work. We are requesting this contract be approved for a period covering the next three years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 43 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE a Contract with Timothy J. Clay (dba Diablo Boiler) February 2, 2016`Official Minutes 400 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, boiler service repair and maintenance will be discontinued. February 2, 2016`Official Minutes 401 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order amendment with Lehr Auto Electric Inc., to increase the payment limit by $200,000 to a new payment limit of $700,000 and extend the termination date from January 31, 2016 to January 31, 2017 for emergency services vehicle parts and accessories, Countywide. FISCAL IMPACT: 100% Fleet Services Internal Service Fund budget. BACKGROUND: Public Works Fleet Services purchases and outfits all emergency services vehicles for the County. This includes vehicles from the Sheriff, Public Works, Animal Services, Probation, District Attorney and Health Services. The Sheriff’s vehicles take up the vast majority APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 41 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE a Purchase Order Amendment with Lehr Auto Electric Inc. February 2, 2016`Official Minutes 402 BACKGROUND: (CONT'D) of this commodity. Outfitting includes lights, consoles, electrical switching, wiring, and other hard parts such as partitions, consoles and trunk slider trays. The annual cost for emergency services vehicle accessories has been $116,000 per year; however due to the discontinuation of the Ford Crown Victoria, we expect the annual cost to rise. This commodity was originally bid on Bidsync #1301-003 and awarded to Lehr Auto Electric Inc. The purchase order is at $500,000. We are asking for additional funds to take it through its five-year term. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order amendment is not approved, the purchase of emergency services vehicle parts and accessories through Lehr Auto Inc. will discontinue. February 2, 2016`Official Minutes 403 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Bay Area Diablo Petroleum Co. in an amount not to exceed $400,000 for fuel, for the period of February 1, 2016 through January 31, 2017, Countywide. FISCAL IMPACT: 100% Fleet Services Internal Service Fund BACKGROUND: Public Works Fleet Services is responsible for the County fueling station on Waterbird Way. The Materials Management Division purchases fuel for the station by accepting daily bids from fuel distributors. We have four vendors currently submitting bids. We are set up to purchase fuel from all four of them. All four vendors are in need of new purchase orders. Southern Counties is our primary vendor, followed by Bay Area Diablo Petroleum, Ramos Oil Co., Inc. and Hunt & Sons Inc. This request is for Bay Area Diablo Petroleum. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 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:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE a Purchase Order with Bay Area Diablo Petroleum February 2, 2016`Official Minutes 404 CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the purchase of fuel from Bay Area Diablo Petroleum will discontinue. February 2, 2016`Official Minutes 405 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Southern Counties Fuels in an amount not to exceed $1,300,000 for fuel, for the period of February 1, 2016 through January 31, 2017, Countywide. FISCAL IMPACT: 100% through Fleet Services Internal Service Fund budget. BACKGROUND: Public Works Fleet Services is responsible for the County fueling station on Waterbird Way. The Materials Management Division purchases fuel for the station by accepting daily bids from fuel distributors. We have four vendors currently submitting bids. We are set up to purchase fuel from all four of them. All four vendors are in need of new purchase orders. Southern Counties is our primary vendor, followed by Southern Counties Fuels, Ramos Oil Co., Inc. and Hunt & Sons Inc. This request is for Southern Counties Fuels. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7078 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 42 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE a Purchase Order with Southern Counties Fuels February 2, 2016`Official Minutes 406 CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the purchase of fuel from Southern Counties Fuels will discontinue. February 2, 2016`Official Minutes 407 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Walnut Creek Ford in an amount not to exceed $160,000 for Ford vehicle parts, service and repair, for the period of February 1, 2016 through January 31, 2017, Countywide. FISCAL IMPACT: 100% Fleet Services Internal Service Fund BACKGROUND: Public Works Fleet Services is responsible for maintaining County vehicles. To do so, Fleet Services purchases parts, accessories and warranty services from local auto dealers. As the fleet is mostly Ford vehicles, we buy a substantial amount from Ford dealers. As bid on Bidsync #1112-004, four local Ford dealers were awarded this commodity, with Walnut Creek Ford being the primary. The original bid duration was one (1) year with four (4) possible one (1) year extensions. This request represents the fourth of the one year extensions. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 39 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 2, 2016 Contra Costa County Subject:APPROVE a Purchase Order with Walnut Creek Ford February 2, 2016`Official Minutes 408 CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the purchase of Ford parts, accessories and warranty services will discontinue. February 2, 2016`Official Minutes 409 RECOMMENDATION(S): APPROVE and AUTHORIZE the Risk Manager to execute a contract with Contra Costa County Schools Insurance Group (CCCSIG) in an amount not to exceed $198,500 to perform medical billing reviews for the period effective January 1, 2016 through December 31, 2015. FISCAL IMPACT: 100% funded by the Workers' Compensation Internal Service Fund BACKGROUND: Contra Costa County Schools Insurance Group (CCCSIG) and the County of Contra Costa Risk Management Division created a joint partnership public entities in 2003. This was so that CCCSIG could provide workers' compensation medical bill review services for Risk Management at lower annual review costs than its previous provider. This contract allows the County to continue receiving the same services. CONSEQUENCE OF NEGATIVE ACTION: The County would not be able to maintain compliance of the California Department of Industrial Relations. CHILDREN'S IMPACT STATEMENT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord 925.335.1450 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 51 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:February 2, 2016 Contra Costa County Subject:Contract with Contra Costa County Schools Insurance Group (CCCSIG) February 2, 2016`Official Minutes 410 RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with David Stockwell, including modified indemnification language, in an amount not to exceed $10,000 to provide expert testimony on laboratory and scientific information, and to review documentary evidence on cases for the District Attorney's office for the period November 1, 2015 through June 30, 2017. FISCAL IMPACT: 100% general fund, budgeted. BACKGROUND: In cases where laboratory reports are required as evidence, the District Attorney's office requires expert testimony via trial appearances with regard to the scientific information presented. The expert witness must review laboratory reports and notes, research scientific literature related to specific cases and review documentary evidence from the District Attorney's office and other agencies as appropriate. This contract contains a special indemnification clause prepared by County Counsel which applies solely to testimony provided under this contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cherie Mathisen 925-957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 34 To:Board of Supervisors From:Mark Peterson, District Attorney Date:February 2, 2016 Contra Costa County Subject:Contract with David Stockwell to Provide Expert Testimony on Laboratory and Scientific Information February 2, 2016`Official Minutes 411 CHILDREN'S IMPACT STATEMENT: No impact. February 2, 2016`Official Minutes 412 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to execute, on behalf of the County, Contract #26-699-4 with Semon Bader, M.D., an individual, in an amount not to exceed $400,000, to provide orthopedic services 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 Fund I. (Rate increase) BACKGROUND: On October 21, 2014 the Board of Supervisors approved Contract #26-699-2, with Semon Bader, M.D., for the provision of orthopedic services at CCRMC, including but not limited to; consultation, training, on-call coverage and medical/surgical procedures, for the period from October 1, 2014 through December 31, 2015. Approval of Contract #26-699-4 will allow the Contractor to provide orthopedic services at CCRMC through December 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, patients requiring orthopedic services at CCRMC will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 45 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Contract #26-699-4 with Semon Bader, M.D. February 2, 2016`Official Minutes 413 CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 414 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to execute, on behalf of the County, Contract #26-700-9 with Jaison James, M.D., a self-employed individual, in an amount not to exceed $880,000, to provide orthopedic 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. (Rate increase) BACKGROUND: On February 10, 2015 the Board of Supervisors approved Contract #26-700-7 (as amended by Amendment Agreement #26-700-8) with Jaison James, M.D., for the provision of orthopedic services at CCRMC, including but not limited to training, on-call coverage and medical/surgical procedures, for the period from February 1, 2015 through January 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, patients requiring orthopedic services at CCRMC will not have access to the Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 35 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Contract #26-700-9 with Jaison James, M.D. February 2, 2016`Official Minutes 415 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-53-5 with Epocrates, Inc., a corporation, in an amount not to exceed $27,350, to provide administration services for the Health Plan’s Drug Formulary, for the period from January 1, 2016 through December 31, 2018. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (Rate increase) BACKGROUND: The Contra Costa Health Plan has been continually initiating cost reduction measures to promote affordable healthcare in Contra Costa County. Recent years have seen a dramatic rise in the cost associated with drug formularies. Under this Contract, the Contractor provides an electronic drug formulary to be downloaded to providers’ handheld computers. This reduces drug costs by allowing providers to select approved medications, from the Health Plan’s Drug Formulary, by selecting generic versus costly name brand drugs. On January 15, 2013, the Board of Supervisors approved Contract #27-534-4 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Contract #27-534-5 with Epocrates, Inc. February 2, 2016`Official Minutes 416 BACKGROUND: (CONT'D) with Epocrates, Inc., for the period from January 1, 2013 through December 31, 2015, for the provision of administration services for the Health Plan’s Drug Formulary. Approval of Contract #27-534-5 will allow the Contractor to continue providing services through December 31, 2018. This Contract includes mutual indemnification and modifications to County’s Standard General Conditions. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, administration services for the Health Plan’s Drug Formulary, will not be provided by this Contractor. CHILDREN'S IMPACT STATEMENT: Not Applicable February 2, 2016`Official Minutes 417 RECOMMENDATION(S): Approve and Authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Covidien Inc., in the amount of $1,500,000 for the purchase of instruments, sutures and supplies at the Contra Costa Regional Medical Center (CCRMC), for the period from February 1, 2016 through January 31, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: Covidien Inc. provides instruments, sutures and supplies for the Surgical Department to perform procedures and operations at the Contra Costa Regional Medical Center. Covidien Inc. has been a reliable source of supplies for the Operating Room (OR). With the increase of patient population, the OR requires a fast and steady replenishment of supplies that Covidien Inc. can provide. 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 the patient population of Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 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. 50 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Covidien Inc. Blanket Purchase Order February 2, 2016`Official Minutes 418 CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 419 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Sean Alexander Marine Services Inc., to increase the payment limit by $200,000 to a new payment limit of $500,000 to provide additional marine salvage services for the period June 1, 2015 through May 31, 2017. FISCAL IMPACT: $500,000.00. Budgeted. Funded by the California Department of Boating and Waterways grant, Surrendered and Abandoned Vessel Exchange (SAVE) and the General Fund. BACKGROUND: The waterways in and around Contra Costa County have long been used for the illegal dumping and sinking of abandoned and derelict vessels of all sizes and types. If allowed to remain, these vessels are often hazards to safety, navigation, wildlife, and are hazardous to the environment. Many vessels are carrying hazardous materials. The vessels adversely impact residents, commercial, and recreational boaters in and around Contra Costa County. The Office of the Sheriff's Marine Services Unit utilizes salvers who are specially trained, equipped, and capable of removing the vessels that may be afloat, aground or submerged. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 56 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 2, 2016 Contra Costa County Subject:Marine Salvage Services - Sean Alexander Marine Services February 2, 2016`Official Minutes 420 CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff may not be in compliance with the grant funding and in addition, abandoned vessels may not be removed from County waterways. CHILDREN'S IMPACT STATEMENT: No impact. February 2, 2016`Official Minutes 421 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Northwoods Consulting Partners, Inc. to increase the contract payment limit by $1,180,051 to a new contract payment limit of $2,269,865 for additional licenses, software support, and application customization services for the Northwoods document imaging and management system for the period February 1, 2016 through January 31, 2017. FISCAL IMPACT: The $1,180,051 payment limit increase is for the period of February 1, 2016 through January 31, 2017 and will be paid in fiscal years 2015-2016 and 2016-17. This contract will be funded by EHSD administrative overhead funding sources (10% County, 45% State, 45% Federal). BACKGROUND: The Employment and Human Services Department (EHSD) entered into a contract with Northwoods Consulting Partners, Inc. in December 2013 for conversion to and implementation of an on-line document management system. The system provides functionality and a database for the on-line storage, retrieval, and transfer of critical documents required to determine and verify eligibility APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 36 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2016 Contra Costa County Subject:Northwoods Contract Amendment February 2, 2016`Official Minutes 422 BACKGROUND: (CONT'D) to all benefit programs administered by EHSD and to meet State-mandated case management requirements. Funding of the contract for the annual support period of February 1, 2016 through January 31, 2017 is necessary to meet contractual obligations for continued staff access to the system to perform critical and daily tasks and to receive basic software support for business continuity. The contract provides for extended help desk services, licenses for new employees, system enhancements, and consultation services, including services necessary to support technical initiatives for which document images, data, and functionality are key components. CONSEQUENCE OF NEGATIVE ACTION: Without the amendment, payment cannot be made to Contractor resulting in a disruption of systems access and daily operations required to administer the Department's benefit program and provide customer service. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 423 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #24-409-34 with West Contra Costa Youth Services Bureau, a non-profit corporation, in an amount not to exceed $3,044,063, to provide Wraparound and Y-Team Collaborative services 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 $1,522,032. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation and 50% County Mental Health Realignment. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing child-family team facilitators and other wraparound services to families of children with serious emotional and behavioral disturbances; facilitates multi-agency collaborative service delivery; and minimizes the need for crisis services and involvement with the Juvenile Justice System. On October 7, 2014, the Board of Supervisors approved Novation Contract #24-409-33, with The West Contra APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd, M Wilhelm C. 46 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Novation Contract #24-409-34 with West Contra Costa Youth Services Bureau February 2, 2016`Official Minutes 424 BACKGROUND: (CONT'D) Costa Youth Services Bureau, 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 wraparound services and Y-Team Collaborative to SED children. A wraparound service is an intensive and holistic method used to engage children and families with complex and multidimensional needs. The Y-Team Collaborative Program is a West County consortium of contract-based organizations (CBO’s) providing school-based mental health services to students enrolled in the school district. Approval of Novation Contract #24-409-34, replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services, through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there will be fewer intensive school-based mental health services available in West Contra Costa County to students enrolled in the school district and their families. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors community outcomes: Children ready for and succeeding in school; Families that are safe, stable, nurturing; and Communities that are safe and provide a high quality of life for children and families. Expected outcomes include all goals identified by Children’s Statewide System of Care guidelines including an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS) and decreased use of acute care system. February 2, 2016`Official Minutes 425 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $8,660 to Pivotal Point Youth Services, Inc. for services rendered to the Employment & Human Services Department, as recommended by the Employment & Human Services Department Director. FISCAL IMPACT: The costs will be paid 100% by County general funds allocated to the Employment and Human Services Department. BACKGROUND: Pivotal Point Youth Services, Inc. provided employment and entrepreneurship training to youth ages 15 to 24 in Contra Costa County during the period of March 1, 2015 through June 30, 2015. Services were requested and provided under a contract in the amount of $25,000 for term March 1, 2015 through December 31, 2015. However, the Contractor had yet to fulfill all of the terms and obligations of the contract, specifically the proof of Workers' Compensation insurance. Once it became clear that the Contractor was unable to provide the required insurance, services were immediately halted and the contract was terminated with an effective termination date of June 30, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: (925) 681-6304 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Jagjit Bhambra, Camilla Rand, Cassandra Youngblood, Eric Pormento C. 33 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2016 Contra Costa County Subject:Payment for Services Provided February 2, 2016`Official Minutes 426 BACKGROUND: (CONT'D) The Department requests the Board of Supervisors authorize the Auditor-Controller to issue a one-time payment to the contractor in the amount of $8,660. The Department has instituted a new monitoring process to ensure that this situation will not occur in the future. CONSEQUENCE OF NEGATIVE ACTION: Provider will not be paid for services rendered to the Employment & Human Services Department. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Cancellation contract February 2, 2016`Official Minutes 427 February 2, 2016`Official Minutes 428 February 2, 2016`Official Minutes 429 February 2, 2016`Official Minutes 430 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment to Purchase Order with Philips Healthcare Inc., to add $32,723.58 to a new total Payment Limit of $438,845.02 to purchase patient monitors and installation for the Telemetry Unit at the Contra Costa Regional Medical Center (CCRMC), with no change in the term of May 1, 2015 through April 30, 2016. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Telemetry Unit is using outdated patient monitors that are no longer supported by the manufacturer. By replacing the monitors, we are standardized on the Philips patient monitors, transmitters, application servers and database servers. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, we will not be able to provide the best care and service for our patient population at the CCRMC. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: February 2, 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. 48 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Philips Healthcare Inc. Purchase Order amendment February 2, 2016`Official Minutes 431 RECOMMENDATION(S): Authorize the Purchasing Agent on behalf of the Health Services Department, to purchase two hundred (200) Safeway supermarket gift cards in an amount of $5 each for a total of $1,000.00 to use as incentives for participation in the Health Care for the Homeless Focus Groups for the period February 1, 2016 through January 31, 2017. FISCAL IMPACT: $1,000.00 is funded 100% by the U.S. Health and Human Services Grant #H80CS00050 funds. No County funds required. BACKGROUND: Public Health Clinic Services program received a five (5) year grant to provide health care for the homeless. A component of the grant is to conduct monthly focus groups with participants in the program and to offer incentives to those who participate. Included in the grant budget is a line item for the gift card incentives at an annual amount of $1,000.00. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the County may not be able to meet the Grant requirements by finding participants for the Health Care for the Homeless Focus Groups. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 957-5501 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Rachael Birch C. 49 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Purchase Gift Cards for the Health Care for the Homeless Project February 2, 2016`Official Minutes 432 CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 433 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Producers Dairy Products Inc., in an amount not to exceed $250,000 for the purchase of dairy products as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1, 2016 through December 31, 2016. FISCAL IMPACT: $250,000. 100% County General Fund; Budgeted in fiscal year 2015/16. BACKGROUND: The vendor is a Public Works Department-selected vendor providing the dairy products and other related products needed by WCDF, MDF and MCDF to support the feeding program requirements of the inmate population. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 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. 54 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:February 2, 2016 Contra Costa County Subject:Purchase Order - Producers Dairy Products, Inc. February 2, 2016`Official Minutes 434 CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff would be unable to acquire dairy products from Producer's Dairy Products for the three detention facilities. CHILDREN'S IMPACT STATEMENT: No impact. February 2, 2016`Official Minutes 435 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Dell, in an amount not to exceed $472,108. ($401,216 Hardware & $70,892 License) to provide replacement and expansion of computer hardware equipment and software licenses for the Automated Regional Information Exchange System (ARIES). FISCAL IMPACT: Zero Net County Cost. 100% ARIES funded. BACKGROUND: The Automated Regional Information Exchange System (ARIES) is a software application owned by Contra Costa County, and used by the Office of the Sheriff and other law enforcement agencies to manage arrest and parolee data collected from law enforcement agencies. ARIES manages arrest and parole data provided by local law enforcement agencies that is stored on a County Server. ARIES serves more than 8,900 users from over 93 different agencies. The purpose of this purchase is to support multiple projects which ARIES will implement in FY 15/16 and FY 16/17. The projects serve to renew critical infrastructure, enhance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle (925) 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Heike Anderson, Liz Arbuckle, Tim Ewell C. 53 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 2, 2016 Contra Costa County Subject:Purchase Order for ARIES Hardware and Software - Dell February 2, 2016`Official Minutes 436 BACKGROUND: (CONT'D) system security and expand capacity for growing demand. Dell is the vendor who will supply the equipment to support these projects. Dell has experience partnering with government agencies of all sizes to help deliver IT services that improve delivery and reduce costs. In addition to Dell's reputation among government agencies, Office of the Sheriff - Technical Services has a long history of working with Dell's equipment and infrastructure environment. It would be advantageous for ARIES to leverage the knowledge, skills and experience that the Technical Services staff has accumulated over the years by working with Dell. CONSEQUENCE OF NEGATIVE ACTION: Continued use of the servers after their manufacturer's warranties have expired are a threat to ARIES' continuity. If parts fail, ARIES has no guarantee that replacement parts can be procured. Security exploits may no longer be patched. Vendors may stop supporting and offering software that ARIES utilizes. Due to these reasons and more, it's critical to replace current expired infrastructure. February 2, 2016`Official Minutes 437 RECOMMENDATION(S): Accept the 2015 Annual Report by the Contra Costa County Emergency Medical Care Committee (EMCC). FISCAL IMPACT: None. BACKGROUND: On December 13, 2011, the Board of Supervisors adopted Resolution No. 2011/497, which requires that each advisory body 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, in December. The Contra Costa County Board of Supervisors established the Contra Costa County EMCC (Resolutions 68/404, 77/637, 79/640 and by Board Order on February 24, 1998) in accordance with the California Health and Safety Code Division 2.5, Ch. 4, Article 3, to act in an advisory capacity to the Board and the County Health Services Director on matters relating to emergency medical services in the County. CONSEQUENCE OF NEGATIVE ACTION: The 2015 Annual EMCC Report will not be approved. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Pat Frost, 646-4690 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: T Scott, M Wilhelm, Leticia Andreas C. 62 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:2015 Annual Report for the Emergency Medical Care Committee February 2, 2016`Official Minutes 438 CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Annual Report February 2, 2016`Official Minutes 439 February 2, 2016`Official Minutes 440 Emergency Medical Care Committee 2015 Annual Report February 2, 2016`Official Minutes 441 Contra Costa County EMERGENCY MEDICAL CARE COMMITTEE Annual Report for 2015 Advisory Body Name: Emergency Medical Care Committee (EMCC) Advisory Body Meeting Time/Location: 4:00 p.m. - 5:30 p.m. on the second Wednesday of March, June, September, and December, unless otherwise noted. Meetings are held at the Contra Costa County Schools Insurance Group in Pleasant Hill. Chair: Kacey Hansen (December 2015 – present); John Speakman (September 2014 – September 2015) Staff Person: Leticia Andreas (September 2013 – present), Health Services, Emergency Medical Services Reporting Period: January 1, 2015 – December 31, 2015 I. Activities: The EMCC, over four (4) regular meetings in the past year, was involved in or kept its membership informed about the following: • A three (3) member sub-committee was elected, including a county administrator, to discuss and update the EMCC Bylaws in accordance with county policies and regulations. • EMS Staff presented the Quality Improvement (QI) report. • Contra Costa EMS Agency presented its countywide patient transfer of care model to the State EMS Authority (EMSA) and California Hospital Association (CHA) working group on ambulance offload delays in February 2015. • EMS and Public Health (PH) implemented operational area EMS, PH, Dispatch, Fire, Transport and Hospital Ebola response protocols in coordination with CDPH and CDC. Local Bay Area designated Ebola treatment centers include Kaiser Oakland, UCSF and UC Davis. • EMS hosted a successful countywide Stroke Oversight meeting. • All local EMS providers continued to work on improving CPR quality, focusing on high-quality compressions and early access to Automatic External Defibrillator (AED). • Recognition of Pre-Hospital Care Coordinator (PHCC) Pam Dodson on her accomplishments, as she retired after nearly thirty (30) years with the Contra Costa EMS Agency. • The EMCC Chair presented a new slate of new officers and executive committee members for the September election. • Contra Costa County Medical Reserve Corps (MRC) presented a summary of its history, members and activities. The MRC is now an active capability, providing county flu clinics and mutual aid for the Valley Fire response. • EMS officials stood up operations in response to full closure of Doctors Medical Center (DMC) in San Pablo from April through July, implementing and monitoring impacts to West County supported by Fire, EMS System Stakeholders, community hospitals, Lifelong Medical Clinic and the Hospital Council leadership. o Ambulances going out-of-county have increased from 8-28%. Contra Costa EMS Agency reported on risks to the EMS system associated with the hospital closure in West County. o Increases in emergency visits to Kaiser Richmond anticipated due to DMC’s closure. Patient transfer of care from ambulance at the emergency department at Contra Costa Regional Hospital has increased. • EMS conducted and completed a competitive emergency ambulance services procurement and received a single proposal to the RFP from Contra Costa County Fire Protection District (CCCFPD) and American Medical Response (AMR) as a joint entity (the Alliance). The Alliance has been awarded the ambulance contract to begin January 1, 2016. This contract denotes a new service delivery model, as AMR would be subcontracting with CCCFPD. • EMS has partnered with Health Services on a high utilizer project, as well as exploring opportunities for health information exchange (HIE) with AMR, EPIC, and FirstWatch. • EMS is facilitating triage and tracking drills through Reddinet with hospitals and ambulance providers. • New EMS Medical Director Dr. David Goldstein officially assumed his position on November 1. • Bystander CPR rate has improved over the last 4-5 years. • EMS continues to actively participate in the East Bay Trauma Audit Committee, inviting all receiving facilities to participate. • May 17-23 was National EMS Week and May 20, 2015 was EMS for Children’s Day, in which EMS stakeholders participated in recognition at the Board of Supervisors with resolutions and community outreach events promoting bystander CPR. • The EMCC officers developed a first draft of the new EMCC Bylaws at the September meeting. The EMCC Bylaws have been simplified and membership has been decreased through elimination of alternate seats. • Contra Costa EMS has revamped its emergency preparedness program to increase effectiveness in building capability. Training and exercises are organized per the individual needs of the participating organizations. The preparedness February 2, 2016`Official Minutes 442 program has grown by four-hundred (400%) percent, with more complex exercises and training that integrates hospitals, Long Term Care facilities, and community partners. • The Sheriff Coroner’s EMCC representative updated the advisory committee on the county 9-1-1 emergency communication system. Two (2) agencies in the county are now also in the process of accepting 9-1-1 calls per text. All of the 9-1-1 communications centers in Contra Costa County currently take direct wireless 9-1-1 calls (except Pinole). • EMS modified first responder dispatch protocols at the request of East Contra Costa Fire, allowing American Medical Response (AMR) to provide ambulance-only response in cases of low acuity calls in response to limited resources in East County associated with the closure of fire stations. • Initiated participation in the 2015-2016 LAFCO Municipal Services Review Report. • Countywide occurrences of holding ambulances longer than one (1) hour at all community hospitals. • Recognitions for: 1) October 26, 2015 Save at Le Schwab Tire, 2) November 1, 2015 Save at Club Sports, San Ramon • Contra Costa County Child Death Report 2008-2012 • LEMSA Clinical and Program Updates • Sutter Delta Patient Transfer of Care Delays and EMS System Impacts II. Accomplishments • Approval of EMCC 2014 Annual Report • Active participation in finalization of Fitch EMS System Modernization Study. • Active participation and letters of recommendation submitted as a part of the Request for Proposal (RFP) Workshop process. • Active participation in the EMS Ambulance Request for Proposal (RFP) for EOA I, II and V and its finalization. • Received report on new emergency ambulance services contract for EOA I, II, VI. • Active participation and involvement in drafting a contingency plan for the closure of Doctors Medical Center. • Successful statewide operational area tabletop and functional disaster exercise. • Successful nominations and establishing of new EMCC membership for the term 2014-2016. • Presentation of a new slate of EMCC officers. • The EMS Agency’s EMS System Plan has met all standards and criteria required by the state. • 2015 Mission: Lifeline® EMS Bronze Level Recognition Award from the American Heart Association was awarded to EMS by the Regional Director from the American Heart Association. • The Contra Costa EMS Prehospital Care Manual has been made available as an electronic app for field personnel. • Revision of EMCC By-Laws for Board of Supervisors’ adoption. III. Attendance/Representation The EMCC is a multidisciplinary committee with membership consisting of representation of specific EMS stakeholder groups and organizations plus one (1) consumer member and one (1) alternate nominated by each Board of Supervisor member. There are forty-four (44) filled member seats on the EMCC. Eight (8) seats are unfilled. A quorum was achieved at each of the four (4) EMCC meetings in the past year. IV. Training/Certification Each EMCC representative and alternate representative was given a copy of the Advisory Body Handbook and copies of the “The Brown Act and Better Government Ordinance - What you Need to Know as a Commission, Board or Committee Member” and “Ethics Orientation for County Officials” videotapes during their two (2) year term. Responsibilities of County Boards were discussed including the responsibility to view the videotapes and submit signed certifications. Certification forms have been received from twenty (21) of the twenty-five (25) representatives, and thirteen (13) of the nineteen (19) alternates. The sixteen (16) certificates received in 2015 are attached. V. Proposed Work Plan/Objectives for Next Year Report to the local EMS Agency and to the Board of Supervisors as appropriate its observations and recommendations relative to its review of: • Transition current emergency ambulance services for EOA I, II and V to new emergency ambulance provider (Contra Costa Fire and AMR under new Alliance model). • Partner with new ambulance provider to implement efficiencies and workflows supporting successful contract performance. • Seek grant funding for the Health Information Exchange to pilot prehospital and hospital health information exchange. • Improve workflows in contract management and oversight for all exclusive operating areas. February 2, 2016`Official Minutes 443 • Continue to support Medical Health Disaster Preparedness Coalition building. • Enhance Medical Reserve Corps’ capability for children and special needs populations. • Initiate update to the County EMS for Children (EMSC) program. • Refine EMS Agency internal standard operation procedures to support efficient workflow and public safety associated with certification and actions and ambulance permit actions. • Continue to work with county counsel and stakeholders to update the county ambulance ordinance. • Manage, update and submit to the State EMS Authority the 2015 EMS System Plan, Quality, Trauma, Stroke, STEMI and EMS for Children programs. • Monitor and report on EMS System impacts due to changing economics and health care reform. • Produce the 2015 Annual EMS System performance report. • Explore innovative models of EMS service delivery with hospital community. • Continue to support integration of non-emergency ambulance providers as part of multi-casualty and disaster response. • Reconvene MCI Workgroup to update the County Multi-Casualty Incident (MCI) Plan. • Partner with new emergency ambulance provider and community hospitals to reduce patient transfer of care Never Events. • Support EMS System program (STEMI, Stroke, Cardiac Arrest, EMSC, Quality/Patient Safety and Trauma) initiatives. • Update prehospital protocols associated with 2015 American Heart Association CPR and Emergency Cardiac Care Guidelines. • Continue to support and sustain community education and outreach, e.g. HeartSafe, Child Injury Prevention. • Support appropriate use of 9-1-1, CPR Anytime, and Automatic External Defibrillator (AED) programs through partnerships with law enforcement, CERT, fire first responders and community coalitions. • Submit approved final draft of EMCC Bylaws to Board of Supervisors. • Continue to update county ambulance ordinance. February 2, 2016`Official Minutes 444 February 2, 2016`Official Minutes445 February 2, 2016`Official Minutes 446 February 2, 2016`Official Minutes447 February 2, 2016`Official Minutes448 Training Certification for Member of County Advisory BodY By signing below, I certiff thaton tl?llí I watched the entre training tape: "The Brown Act and Better Government Ordinance- What You Need to Know as a Commission, Board, or Committee Member." By signing below, I certiff that on ?lq I lÓ I watched the entire training tape: "Ethics Orientation for County Officials." l$n W\ìc\úel*Þ'J rlq I rf ame of Member of Advisory Body)(Date) Return this CertiJìcation to the chair or staff ofyour advisory body. Your Certffication that you have completed these training activities will be included in your advisory body's annual report to the Contra Costa County Board of Supervisors. The chair or staff to your advisory body must keep all certifications onfile. s1612009 C:\DOCUME-1\jlatterI\LOCAIS-1\Temp\notesElEF34\Training Certification.docFebruary 2, 2016`Official Minutes 449 February 2, 2016`Official Minutes 450 February 2, 2016`Official Minutes 451 Training Certification for tfr r Member of County Advisory Body By signing below, I certify that on t I ttlZot{ ,I watched the entire training tape: o'The Brown Act and Better Government Ordinance- What You Need to Know as a Commission, Board, or Committee Member." By signing below, I certiff that on , I watched the entire training tape: "Ethics Orientation for County Officials." (Date) Return this Certification to the chair or staffof your advisory body. Your Certification that you have completed these training activities will be included inyour advisory body's annual report to the Contro Costa County Board of Supervisors. The chair or staf to your advisory body must keep all certifications onfile. ember ofAdvisory Body) 5/6t2009 CIDOCUME-lUatteri\LOCALS-1\Temp\notesElEF34\Training Certification.doc February 2, 2016`Official Minutes 452 February 2, 2016`Official Minutes 453 February 2, 2016`Official Minutes 454 February 2, 2016`Official Minutes 455 February 2, 2016`Official Minutes 456 February 2, 2016`Official Minutes 457 February 2, 2016`Official Minutes458 February 2, 2016`Official Minutes 459 February 2, 2016`Official Minutes 460 RECOMMENDATION(S): ACCEPT the 2015 Annual Report from the Transportation, Water and Infrastructure Committee. FISCAL IMPACT: None. BACKGROUND: The Transportation, Water and Infrastructure Committee on December 7, 2015 reviewed and approved its Annual Report for transmittal to the full Board of Supervisors. The Annual Report documents the work performed by the Committee during 2015. The Committee recommends the Board of Supervisors accept the report, which is attached. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham (925) 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 57 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:February 2, 2016 Contra Costa County Subject:ACCEPT 2015 Annual Report from the Transportation, Water, and Infrastructure Committee February 2, 2016`Official Minutes 461 ATTACHMENTS 2015 TWIC Report - Status of 2015 Referrals February 2, 2016`Official Minutes 462 Status Report: Referrals to the Transportation, Water, and Infrastructure Committee - 2015 Submitted: December 7, 2015 TWIC Meeting Page 1 of 5 c:\egnyte\shared\transportation\activeedits\twic\report\new 2015 twic report - status of 2015 referrals.doc F REFERRAL STATUS 1. Review legislative matters on transportation, water, and infrastructure.  Recommended the Board ADOPT positions of various state transportation bills as follows (Various dates):  SUPPORT/SB 321 (Beall - Motor Vehicle Fuel Taxes: Rates: Adjustments) 6/1/2015  Received progress reports from the County’s legislative advocate regarding Iron Horse Corridor title & related obligations approving meetings with state officials on the same topic. Various Dates  Received reports regarding the status of the Iron Horse Corridor with the state, provided direction to staff, traveled to Sacramento to meet with Caltrans and CalSTA leadership. Various Dates. Activities also relate to Referral #s 12 & 15.  The Committee recommendation a position of SUPPORT for AB 1362 (Wolk) regarding stormwater funding. 3-2-15  The Committee transmitted comments to the state legislature regarding school safety and siting. 3-2-15  The Committee received a report on automated speed enforcement (speeding cameras) and directed staff to bring the information to the BOS 3-2-15  The Committee received reports regarding the Contra Costa Transportation Authority’s efforts to augment Measure J with a potential new local transportation sales tax, directed staff as appropriate, forwarded recommendations and draft communication to the Board of Supervisors. Also Relates to Referral #3 Various Dates. 2. Review applications for transportation, water and infrastructure-related grants to be prepared by the Public Works and Conservation & Development Departments.  ACCEPTED report and AUTHORIZED the Public Works Director to submit grant applications to MTC and Caltrans for Active Transportation Funding: Fred Jackson First Mile/Last Mile Connection Project, Appian Way Complete Streets Project, Pacheco Boulevard Pedestrian Bridge/culvert extension east of Las Juntas Elementary, Rio Vista Elementary School Pedestrian Connection Project, Bailey Road/State Route 4 Interchange Pedestrian & Bicycle Improvement Project, with the following considered: Danville Boulevard Pedestrian Improvements, San Miguel Drive Pedestrian Improvements, Olympic Boulevard Corridor Connection between IHT and Lafayette-Moraga Trail, Pedestrian Improvements at I-680/Treat Overcrossing, Camino Tassajara Bike Lane Gap Closure, Port Chicago Highway/Willow Pass Road Bike & Pedestrian Improvement Project 5-4-15  CONSIDERED Governor's Executive Order B-29-15 (Continued State of Emergency -Drought Conditions - Gov. Edmund G. Brown Jr.) and DIRECTED staff to bring a report to the Board of Supervisors (BOS) when appropriate. 5-4-15 February 2, 2016`Official Minutes463 Status Report: Referrals to the Transportation, Water, and Infrastructure Committee - 2015 Submitted: December 7, 2015 TWIC Meeting Page 2 of 5 c:\egnyte\shared\transportation\activeedits\twic\report\new 2015 twic report - status of 2015 referrals.doc REFERRAL STATUS  Received report on countywide grant distribution 7-16-15  ACCEPTED report and AUTHORIZED the Public Works Director to submit grant applications Public Works Director be authorized to submit, on behalf of the County, grant applications for the Transportation Development Act (TDA) 2015/2016 funding cycle for the projects discussed above which have been determined to be the most competitive for a funding award. Various Dates  ACCEPTED report and AUTHORIZED the Public Works Director to submit grant applications to CCTA for Statewide Transportation Improvement Program funds. 7-16-15  The Committee reviewed and authorized submittal, on behalf of the County, Caltrans and MTC grant applications for the Active Transportation Program (ATP), Cycle 2. 6-1-15  Authorized submittal of Highway Safety Improvement Program Cycle 7 Grant. 6-1-15  Reviewed and authorized submittal of Transportation Investment Generating Economic Recovery (TIGER) grant including the following 1) Vasco Road Safety Improvements Project - Phase 2 and 2) Kirker Pass Road Northbound Truck Lane Project. 6-1-15  The Committee reviewed and authorized the public Works Director on behalf of the County, to submit grant applications to CCTA for the 2016 STIP funding cycle per staff recommendations. 7-16-15 3. Monitor the Contra Costa Transportation Authority (CCTA) including efforts to implement Measure J.  No specific items were brought to the Committee in 2015. Reports on Measure J related grants and projects can be found under Referral #17. Efforts to augment Measure J are covered under Referral #1. Various Dates 4. Monitor EBMUD and CCWD projects and activities.  No items were brought to the Committee in 2015. 5. Review issues associated with the health of the San Francisco Bay and Delta, including but not limited to Delta levees, flood control, dredging, drought planning, habitat conservation, development of an ordinance regarding single-use plastic bags and polystyrene, and water quality, supply and reliability.  The Committee directed staff to bring a consolidated report to the BOS when appropriate regarding the Governor's Executive Order B-29-15 (Continued State of Emergency -Drought Conditions - Gov. Edmund G. Brown Jr.). 5-4-15  The Committee received a report on the proposed National Pollutant Discharge Elimination System (NPDES) permits and provided direction to staff. 7-16-15 6. Review issues associated with County flood control facilities.  The Committee received a report regarding the Statewide Stormwater Funding Initiative and other February 2, 2016`Official Minutes464 Status Report: Referrals to the Transportation, Water, and Infrastructure Committee - 2015 Submitted: December 7, 2015 TWIC Meeting Page 3 of 5 c:\egnyte\shared\transportation\activeedits\twic\report\new 2015 twic report - status of 2015 referrals.doc REFERRAL STATUS funding mechanisms directing staff to report back and bring a SUPPORT letter for AB 1362 (Wolk) to the BOS when appropriate. 3-2-15 7. Monitor creek and watershed issues and seek funding for improvement projects related to these issues.  Related items discussed in Referral #6. 8. Monitor implementation of the Integrated Pest Management (IPM) Policy.  The Committee received quarterly updates and progress report from CCHS on the County’s IPM Program activities from the IPM Coordinator and directed staff to bring updates to the BOS. Various Dates  The Committee provided direction to staff regarding responses to constituent comments on the IPM program via the IPM Advisory Committee and Agricultural Commissioner. Various Dates  The Committee received a report on the status of AB 551: Rental property: Bed bugs (Nazarian) 9-5-15 The Committee directed the Department of Agriculture to develop a policy regarding drought tolerant landscaping. 9-5-15 9. Monitor the status of county park maintenance issues.including, but not limited to, transfer of some County park maintenance responsibilities to other agencies and implementation of Measure WW grants.  The Committee received a report on Measure WW recommendations, provided recommendations and direction to staff on project and communication with constituents on project development. 11/2/15 10. Monitor the East Contra Costa County Habitat Conservation Plan.  No items were brought to the Committee in 2015. 11. Review the ability to revise the County design standards for residential streets to address traffic calming and neighborhood livability issues when these roads are built.  No items were brought to the Committee in 2015. 12. Monitor and report on the Underground Utilities Program.  The Committee received a report on Rule 20A underground program. 5-4-15 Related items covered in referrals #1 and #15. Various Dates 13. Monitor implementation of Letter of Understanding with PG&E for maintenance of PG&E streetlights in Contra Costa County.  DRAFT - Received report on status of coordination between Cities, County and PG & E for streetlight maintenance, and authorized staff request. 12-7-15  Received comments from PG&E staff regarding the status of LED conversion 5-4-15. 14. Freight transportation issues, including but not limited to potential increases in rail traffic such as that  Received a report on pedestrian-rail safety issues. 6-1-15 February 2, 2016`Official Minutes465 Status Report: Referrals to the Transportation, Water, and Infrastructure Committee - 2015 Submitted: December 7, 2015 TWIC Meeting Page 4 of 5 c:\egnyte\shared\transportation\activeedits\twic\report\new 2015 twic report - status of 2015 referrals.doc REFERRAL STATUS proposed by the Port of Oakland and other possible service increases, safety of freight trains, rail corridors, and trucks that transport hazardous materials, the planned truck route for North Richmond; and the deepening of the San Francisco-to-Stockton Ship Channel. 15. Monitor the Iron Horse Corridor Management Program.  The Committee received a report from City of San Ramon staff regarding overcrossing plans in the City of San Ramon over the Iron Horse Trail. 5-4-15  Received various reports on the Iron Horse Corridor status at the state from staff and the County’s legislative advocate. Additional information available under Referral #1. Various Dates  The Committee heard a report on Kinder Morgan’s Integrity Management Program and directed staff to bring the presentation to the appropriate Municipal Advisory Committees and to the Board of Supervisors (BOS) on consent. Various Dates 16. Monitor and report on the eBART Project.  No items were brought to the Committee in 2015. 17. Review transportation plans and services for specific populations, including but not limited to County Low Income Transportation Action Plan, Coordinated Human Services Transportation Plan for the Bay Area, Priorities for Senior Mobility, Bay Point Community Based Transportation Plan, Contra Costa County Mobility Management Plan, and the work of Contra Costans for Every Generation.  The Committee received a report and provided direction to staff on Olympic Corridor Trail Study. 7-16-15  DRAFT - The Committee received a report and provided direction to staff on the I-680/Treat Boulevard Bike/Pedestrian Plan. 12-7-15 18. Monitor issues of interest in the provision of general transportation services, including but not limited to public transportation and taxicab  Received multiple reports on proposed implementation framework responsive to prior Committee direction and State taxicab legislation from CAO staff and input from the Treasurer-Tax Collector, Sheriff’s Department, and County Counsel. Various Dates. February 2, 2016`Official Minutes466 Status Report: Referrals to the Transportation, Water, and Infrastructure Committee - 2015 Submitted: December 7, 2015 TWIC Meeting Page 5 of 5 c:\egnyte\shared\transportation\activeedits\twic\report\new 2015 twic report - status of 2015 referrals.doc REFERRAL STATUS services  CAO will report back in 2016 including: 1) consider the pros/cons of a Joint Powers Agreement vs. a Memorandum of Understanding in the context of how many taxi's operate in the County, 2) how will new ride sharing services will be affected by a new local regulatory structure, and 3) identify areas where the state may preempt local jurisdictions. (11/2/15) 19. Monitor the statewide infrastructure bond programs.  No items were brought to the Committee in 2015. February 2, 2016`Official Minutes467 RECOMMENDATION(S): 1. RATIFY the Health Services Director’s execution, on behalf of Contra Costa County, of the following agreements: a. The “Joinder Agreement” to the “Data Use and Reciprocal Support Agreement” (DURSA) dated September 30, 2014, to participate in the eHealth Exchange among the United States and non-federal entities; and b. The “Participation Agreement for the eHealth Exchange,” and the “eHealth Exchange Participant Testing Services Agreement,” each between the County and Healtheway, Inc., to participate in the Exchange. 2. AUTHORIZE the Health Services Director, or his designee, to execute, on behalf of the County, the “Entrust Managed Services Subscriber Agreement” between the County and Entrust, Inc., an agent of Healtheway, Inc., and to complete and submit the “Entrust Managed Services Subscriber Identity Verification.” FISCAL IMPACT: To participate in the eHealth Exchange during the period from December 1, 2015, through November 30, 2016, the County will pay a testing fee of $11,000, an annual support and maintenance fee of $19,900, and other associated fees estimated to be approximately $10,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Brian Schroder C. 64 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Agreements with Healtheway, Inc. February 2, 2016`Official Minutes 468 BACKGROUND: The eHealth exchange (the “Exchange”) is a network of agencies (federal and non-federal) that came together to improve patient care, streamline disability benefits claims, and improve public health reporting through a secure, trusted, and interoperable health information exchange via the Internet. By leveraging a common set of standards, specifications, legal agreements, and governance, Exchange participants are able to securely share health information with each other without additional customization and one-off legal agreements. At this time, the Exchange connects all 50 states, four federal agencies (the Department of Defense, the Department of Veterans Affairs, the Department of Health and Human Services, including the Center for Medicare Services, and the Social Security Administration), 40% of US hospitals, 13,000 medical groups, 3,400 dialysis centers, and 8,300 pharmacies nationwide. Participation in the Exchange allows the County to securely share clinical information with other clinical providers who are members of the Exchange. The Exchange exists and is administered under a “Data Use and Reciprocal Support Agreement” (“DURSA”), which identifies certain obligations of Exchange participants, and ensures Exchange transactions will be done in accordance with federal laws, including patient privacy laws. To participate in the Exchange, each participant must execute a “Joinder Agreement” to the DURSA. Oversight of the Exchange is the responsibility of a Coordinating Committee formed under the DURSA. The Coordinating Committee engaged Healtheway, Inc., to provide support services for the Exchange. Healtheway provides those services to participants under the terms of a “Participation Agreement for the eHealth Exchange” (“Participation Agreement”). To participate in the Exchange, a participant that has executed a Joinder Agreement to the DURSA also must execute the Participation Agreement with Healtheway. To authorize Healtheway to test County systems to ensure the County is compliant with the Exchange standards, the County must execute an “eHealth Exchange Participant Testing Services Agreement” (“Testing Agreement”). The Testing Agreement includes a limitation of liability, which provides that neither party to the agreement is liable for damages except those arising from a breach of the confidentiality provisions of the agreement; and claims for those damages must be brought within one year after the accrual of a cause of action. To participate in the Exchange, the County will need to apply for subscriber identification. Entrust, Inc., has been retained to issue such identification to Exchange participants. To obtain the identification, an “Entrust Managed Services Subscriber Agreement” (“Entrust Agreement”) must be executed, and an “Entrust Managed Services Subscriber Identity Verification” (“Subscriber ID”) must be submitted. Under the Entrust Agreement, the County agrees to waive all of Entrust, Inc.’s liability related to the County’s use of the identification issued by Entrust, Inc. The DURSA, Participation Agreement, and Testing Agreement have been executed, on behalf of the County, by the Health Services Director. At this time, it is recommended that the Board of Supervisors ratify the Health Services Director’s execution of the DURSA, Participation Agreement, and Testing Agreement. It also is recommended that the Board of Supervisors authorize the Health Services Director, or his designee, to execute, on behalf of the County, the Entrust Agreement, and to complete and submit the Subscriber ID. Under the Participation Agreement and Testing Agreement, the County is required to pay Healtheway a testing fee of $11,000, an annual support and maintenance fee of $19,900, and other fees estimated to be less than $10,000 annually. Payment of said fees ensures that the County will continue to be a participant in the Exchange. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to participate in the eHealth Exchange with other agencies. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 469 RECOMMENDATION(S): APPROVE the attached list of referrals to the Transportation, Water and Infrastructure Committee for action in 2016. FISCAL IMPACT: None. The cost to staff this Committee is included in the budget of the Department of Conservation and Development. Cost for Committee reports are borne by the department or agency responsible for addressing the referral item. BACKGROUND: Each year the Board of Supervisors is asked to approve a list of issues to be referred to its standing committees. The attached list of issue referrals was reviewed and approved by the Transportation, Water and Infrastructure Committee at its December 7, 2015 meeting for recommendation to the full Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: The Transportation, Water and Infrastructure Committee will not have a Board-approved list of issues to discuss. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham (925) 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 58 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:February 2, 2016 Contra Costa County Subject:APPROVE the List of Referrals to the Transportation, Water and Infrastructure Committee for 2016 February 2, 2016`Official Minutes 470 ATTACHMENTS DRAFT TWIC Referrals 2016 February 2, 2016`Official Minutes 471 DRAFT 2016 Referrals to the Transportation, Water and Infrastructure Committee (Submitted to TWIC at their December 7, 2015 meeting) 1. Review legislative matters on transportation, water, and infrastructure. 2. Review applications for transportation, water and infrastructure grants to be prepared by the Public Works and Conservation and Development Departments. 3. Monitor the Contra Costa Transportation Authority including efforts to implement Measure J. 4. Monitor EBMUD and Contra Costa Water District projects and activities. 5. Review issues associated with the health of the San Francisco Bay and Delta, including but not limited to Delta levees, flood control, dredging, drought planning, habitat conservation, development of an ordinance regarding single-use plastic bags and polystyrene, and water quality, supply and reliability. 6. Review issues associated with County flood control facilities. 7. Monitor creek and watershed issues and seek funding for improvement projects related to these issues. 8. Monitor the implementation of the Integrated Pest Management policy. 9. Monitor the status of county park maintenance issues including, but not limited to, transfer of some County park maintenance responsibilities to other agencies and implementation of Measure WW grants and expenditure plan. 10. Monitor and report on the East Contra Costa County Habitat Conservation Plan. 11. Review the ability to revise the County design standards for residential streets to address traffic calming and neighborhood livability issues when these roads are built. 12. Monitor and report on the Underground Utilities Program. 13. Monitor implementation of the Letter of Understanding with PG&E for the maintenance of PG&E streetlights in Contra Costa. 14. Freight transportation issues, including but not limited to potential increases in rail traffic such as that proposed by the Port of Oakland and other possible service increases, safety of freight trains, rail corridors, and trucks that transport hazardous materials, the planned truck route for North Richmond; and the deepening of the San Francisco-to-Stockton Ship Channel. 15. Monitor the Iron Horse Corridor Management Program. 16. Monitor and report on the eBART Project. 17. Review transportation plans and services for specific populations, including but not limited to County Low Income Transportation Action Plan, Coordinated Human Services Transportation Plan for the Bay Area, Priorities for Senior Mobility, Bay Point Community Based Transportation Plan, Contra Costa County Mobility Management Plan, and the work of Contra Costans for Every Generation. 18. Monitor issues of interest in the provision of general transportation services, including but not limited to public transportation and taxicab/rideshare services. 19. Monitor the statewide infrastructure bond programs. g:\conservation\twic\2016\2016 draft twic referrals.docx February 2, 2016`Official Minutes 472 RECOMMENDATION(S): ADOPT Resolution No. 2016/61 continuing the delegation of certain authority to the Central Contra Costa Solid Waste Authority (CCCSWA) to enter into and administer franchise agreements governing the collection, diversion and disposal of solid waste, recyclable material and compostable organic material (Solid Waste Collection Agreements) from residential, commercial and light industrial customers within the unincorporated areas within CCCSWA service area. FISCAL IMPACT: The delegation of certain authority to the CCCSWA has no impact to the County General Fund. The costs for County staff time spent working with the CCCSWA is covered by solid waste/recycling collection franchise fees collected in the CCCSWA Franchise Area. BACKGROUND: The CCCSWA (also known as RecycleSmart) is a Joint Powers Authority (JPA) consisting of the cities of Lafayette, Orinda and Walnut Creek, the towns of Danville and Moraga, and the County of Contra Costa for the unincorporated areas of Alamo, Blackhawk, Diablo, Tassajara, and most unincorporated areas in and around the above mentioned cities/towns (see map, EXHIBIT I). On August 8, 1995, the County Board of Supervisors adopted Resolution No. 95/638 to authorize the CCCSWA to enter Solid Waste Collection Agreements for eight to ten years. On December 7, 2004, the Board of Supervisors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Brockbank (925) 674-7794 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 60 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2016 Contra Costa County Subject:Continuing the Delegation of Franchise Authority to the Central Contra Costa Solid Waste Authority February 2, 2016`Official Minutes 473 BACKGROUND: (CONT'D) adopted Resolution No. 2004/644 to reauthorize the CCCSWA to administer Solid Waste Collection Agreements for an additional ten to twelve year period starting on March 1, 2005. With the adoption of the two prior Resolutions, the County concluded that franchising solid waste collection on a regional basis within the CCCSWA jurisdictional boundaries would enhance coordination and planning of such collection, transfer and disposal activities, while providing for economies of scale and maximizing the rate payers' market power. The County concluded this would benefit the public served by CCCSWA, including the citizens of involved unincorporated County areas. Pursuant to the two prior Resolutions in 1995 and 2004, the CCCSWA, on behalf of the County and its member cities, entered into franchise agreements with Pleasant Hill Bayshore Disposal (now Allied Waste Systems, Inc.) and Valley Waste Management (VWM) governing collection services provided throughout the CCCSWA service area. The franchise agreements entered into in 2004 and the County’s delegation of franchise authority to the CCCSWA expired February 28, 2015. The CCCSWA successfully negotiated the following new franchise and recycling service agreements that went into effect on March 1, 2015: 1. Franchise Agreement dated May 14, 2014 between CCCSWA and Allied Waste Systems, Inc., for franchised materials collection, transfer, transport, processing, diversion and disposal services; and 2. Franchise Agreement dated May 14, 2014 between CCCSWA and Mt. Diablo Paper Stock, Inc., dba Mt. Diablo Recycling, for recyclable materials transfer, transport, processing and diversion services. The attached resolution renews the delegation of franchise authority to the CCCSWA for a period of ten years beginning on March 1, 2015, plus a possible extension of up to 24 months to February 28, 2027, to enter into Solid Waste Collection Agreements for the collection, transfer, transport, processing and diversion or disposal of solid waste, recyclable materials, and compostable organic materials (including food waste) generated within the unincorporated CCCSWA service area. Approval of the attached resolution formally authorizes the CCCSWA to enter the two above-noted franchise agreements on the County's behalf. Under the attached resolution, the County reserves the right to withdraw its delegation of authority from the CCCSWA at any time for any reason. If the County withdraws its delegation of authority from the CCCSWA, the Republic Collection and Disposal Agreement and the Mt. Diablo Processing Agreement, to the extent they apply to unincorporated County, will be assigned to and administered by the County for their remaining term. The attached resolution also continues the delegation of authority to the CCCSWA to implement the Source Reduction and Recycling Element and Household Hazardous Waste Element for the County and perform the monitoring, reporting and any related actions that may be required to comply with the State’s mandatory commercial recycling and organics laws (AB 341 and AB 1826) for the unincorporated area within the CCCSWA, in part through the CCCSWA's franchising authority. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not continue the delegation of authority to the CCCSWA to enter into and administer franchise agreements governing the collection, diversion and disposal of solid waste, recyclable material and compostable organic material, it would be the equivalent of the County withdrawing its delegation of authority from the CCCSWA. The Republic Collection and Disposal Agreement and the Mt. Diablo Processing Agreement, to the extent they apply to unincorporated County, would then be assigned to and administered by the County for their remaining term. AGENDA ATTACHMENTS Resolution No. 2016/61 Exhibit I: CCCSWA Franchise Service Area Map MINUTES ATTACHMENTS February 2, 2016`Official Minutes 474 Res 2016/61 signed February 2, 2016`Official Minutes 475 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/61 RESOLUTION CONTINUING THE DELEGATION OF CERTAIN AUTHORITY TO THE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY (“CCCSWA”) AND AUTHORIZING CCCSWA TO ENTER INTO WASTE COLLECTION, PROCESSING AND DISPOSAL SERVICE AGREEMENTS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, California Public Resources Code section 4000 et seq. (“AB 939”) as amended from time to time, has declared that it is in the public interest to authorize and require local agencies, including counties, to make adequate provisions for solid waste handling within their jurisdictions; WHEREAS, AB 939 directed cities and counties, among other public agencies, to develop and implement Source Reduction and Recycling Elements (“SRRE”) and Household Hazardous Waste Elements (“HHWE”); WHEREAS, the Legislature of the State of California, by enactment of the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, 94 AB 341]) (“AB 341”), established a mandatory statewide commercial recycling program effective July 1, 2012; WHEREAS, the Legislature of the State of California, by enactment of the California Organic Waste Recycling Act of 2014 (Chapter 727, Statues of 2014 [Chesbro, AB 1826]), (“AB 1826”), established a mandatory statewide commercial organics recycling requirements effective on April 1, 2016; WHEREAS, the County of Contra Costa (“County”) has concluded that authorizing CCCSWA to implement the following measures at the regional level will consolidate the coordination and planning of the collection, transfer, transport, processing, diversion and disposal of solid waste, thereby maximizing ratepayers’ market power while providing for economies of scale and benefiting the citizens of the County: (i) franchising solid waste collection, (ii) implementing SRRE and HHWE programs on a regional basis, (iii) complying with mandatory commercial recycling and organics requirements on a regional basis, (iv) conducting the monitoring, reporting and any related actions that may be required to comply with the State’s mandatory commercial recycling and organics laws (AB 341 and AB 1826), and (v) preparing AB939 compliance information that must be filed with CalRecycle; WHEREAS, CCCSWA is a joint powers agency formed pursuant to Government Code section 6500 et seq., and is currently comprised of the following members: the cities of Lafayette, Orinda, and Walnut Creek, the towns of Danville and Moraga, and the County of Contra Costa (for the unincorporated areas of Alamo, Blackhawk, Diablo, Tassajara, and most unincorporated areas in and around the above-mentioned cities [See Exhibit I for a map of the relevant unincorporated areas]); WHEREAS, a joint powers agency, as a separate public entity, may exercise those powers commonly held by its members, to the extent the member agencies provide for the exercise of such common powers to the joint powers agency; and accordingly, CCCSWA through the Third Amended Joint Exercise of Powers Agreement, as amended, has the authority to contract for the collection, transfer, transport, processing and disposal of solid waste generated within the jurisdictional boundaries of its member agencies and for the performance of other services related to compliance with state mandated waste diversion and recycling 5 February 2, 2016`Official Minutes 476 requirements; WHEREAS, the CCCSWA Board of Directors has determined that the public health, safety and well-being of the citizens within its service area are best served by CCCSWA obtaining long-term commitments from qualified companies for the handling of solid waste, recyclable materials and compostable organic materials on a multi-jurisdictional basis and, further, that such commitments are fiscally prudent and related to meeting the requirements of AB 939, AB 341 and AB 1826; WHEREAS, CCCSWA has successfully negotiated a franchise agreement with Allied Waste Systems, Inc. dba Republic Services of Contra Costa County (“Republic Services) for franchised materials collection, transfer, transport, processing, diversion and disposal services for a term commencing March 1, 2015, and continuing through February 28, 2025, with an option to extend for up to twenty-four (24) months (the “Republic Collection and Disposal Agreement”); WHEREAS, the services provided under the Republic Collection and Disposal Agreement include but are not limited to collection of solid waste, compostable organic materials and recyclable materials from residential and commercial subscribers, delivery of commercial food waste to the East Bay Municipal Utility District for anaerobic digestion and energy recovery and delivery of recyclable materials to Mt. Diablo Recycling for processing; WHEREAS, CCCSWA has successfully negotiated an agreement with Mt. Diablo Paper Stock, Inc. dba Mt. Diablo Recycling for recyclable materials transfer, transport, processing and diversion services, for a term commencing March 1, 2015, and continuing through February 28, 2025, with an option to extend for up to twenty-four (24) months (the “Mt. Diablo Processing Agreement”); WHEREAS, the services provided under the Mt. Diablo Processing Agreement include but are not limited to processing and marketing of all source-separated recyclable materials generated in the CCCSWA service area and collected by Republic Services pursuant to the Republic Collection and Disposal Agreement, and implementing a Reuse and Cleanup Days Program and Retail Battery Collection Program; WHEREAS, on May 16, 2014, the CCCSWA Board of Directors authorized the execution of both the Republic Collection and Disposal Agreement and the Mt. Diablo Processing Agreement (together, the “Franchise Agreements”) and the Chair of the CCCSWA Board of Directors executed those agreements; and WHEREAS, the County desires to continue delegating certain of its solid waste collection franchising authority to CCCSWA. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa County as follows: The foregoing recitals are true and correct and made a part of this Resolution.1. The County delegates its authority to CCCSWA to enter into the Republic Collection and Disposal Agreement for the collection, transfer, transport, processing and diversion or disposal of solid waste, recyclable materials and compostable organic materials in that portion of the unincorporated County that is identified on Exhibit I. 2. The County delegates its authority to CCCSWA to enter into the Mt. Diablo Processing Agreement for recyclable materials transfer, transport, processing and diversion services applicable to materials collected from that portion of the unincorporated County that is identified on Exhibit I. 3. The County delegates its authority to CCCSWA to implement the SRRE and HWWE programs and perform the monitoring and reporting required to comply with the State’s mandatory commercial recycling and organics laws (AB 341 and AB 1826 respectively) in that portion of the unincorporated County that is identified on Exhibit I. 4. Subject to the reservations described below, the delegation of authority set forth above begins March 1, 2015, and continues for term of the Franchise Agreements, which have a ten (10) year term with a possible extension of up to twenty-four (24) months, through February 28, 2027. 5. The County reserves the right to withdraw the above-described delegation of authority from the CCCSWA at any time for any reason.The County acknowledges that if it withdraws the above-described delegation of authority from CCCSWA, the Franchise Agreements, to the extent they apply to the unincorporated area of Contra Costa County shown on Exhibit I, will be assigned to and administered by the County for their remaining term. 6. The County’s delegation of the above-described authority to the CCCSWA is further conditioned on CCCSWA’s agreement that CCCSWA will not dissolve before the end of term of the Franchise Agreements term unless either (i) the County agrees to accept an assignment of the Franchise Agreements, for that portion of the unincorporated area of Contra Costa County shown on Exhibit I, or (ii) the Franchise Agreements are assigned to a successor joint powers authority. 7. This resolution is effective as of March 1, 2015.8. February 2, 2016`Official Minutes 477 Contact: David Brockbank (925) 674-7794 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: February 2, 2016`Official Minutes 478 Current Service Area l ~ ' May 14,2014 EXHIBIT I MAP OF SERVICE AREA WALNUT CREEK 1-1 I CCCSWA/ Allied Waste Services, Inc. Franchise Agreement, Ex hibit I February 2, 2016`Official Minutes 479 Rural County Area-Expanded Service Area as of August 1, 2013 CCCSWA/ Allied Waste Services, Inc. May 14,2014 1-2 Franchise Agreement, Ex hibit I February 2, 2016`Official Minutes 480 February 2, 2016`Official Minutes481 February 2, 2016`Official Minutes482 February 2, 2016`Official Minutes483 RECOMMENDATION(S): 1. ACKNOWLEDGE that the term of office of the Member 4 seat on the Contra Costa County Employees' Retirement Association Board of Trustees (Retirement Board) held by Scott Gordon will expire on June 30, 2016. 2. ACKNOWLEDGE that there is a standing referral to the Board's Internal Operations Committee to recruit to fill, by Board of Supervisors appointment, any vacancies that occur in seats 4, 5, 6 and 9 of the Retirement Board. 3. ACKNOWLEDGE that the terms of office of the Member 2, 8 and 8 Alternate seats on the Retirement Board held by Brian Hast, Jerry Telles, and Louis Kroll, respectively, will also expire on June 30, 2016. 4. ADOPT Resolution No. 2016/46 calling and noticing election of Retirement Board Members Number 2 (general), 8 and 8 Alternate (retired members of the Association ), as recommended by the Contra Costa County Employees’ Retirement Association Board. FISCAL IMPACT: None. BACKGROUND: The terms of office of the following members of the Contra Costa County Employees’ Retirement Association Board will expire on June 20, 2016 : Brian Hast (General Member - Number 2), Jerry Telles (Retired Member of the Association - Number 8), and Louis Kroll (Retired Member of the Association - Number 8 Alternate). The general APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Elections, , CCCERA Administrator C. 68 To:Board of Supervisors From:David Twa, County Administrator Date:February 2, 2016 Contra Costa County Subject:Election of Retirement Board Member Numbers 2, 8, and 8 Alternate February 2, 2016`Official Minutes 484 BACKGROUND: (CONT'D) > members of the Association may elect the Number 2 member and the retired members of the Association may elect the Number 8 and 8 Alternate members, as provided in the attached Resolution. Government Code Section 31520.1 provides in part: “The second and third members of the board shall be members of the association, other than safety members, elected by those members within 30 days after the retirement system becomes operative in a manner determined by the board of supervisors. The eighth member shall be a retired member elected by the retired members of the association in a manner to be determined by the board of supervisors." Government Code section 31520.5 provides in part: "...The alternate retired member shall be elected separately by the retired members of the association in the same manner and at the same time as the eighth member is elected. The term of office of the alternate retired member shall run concurrently with the term of office of the eighth member. The alternate retired member shall vote as a member of the board only in the event the eighth member is absent from a board meeting for any cause. If there is a vacancy with respect to the eighth member, the alternate retired member shall fill that vacancy for the remainder of the eighth member’s term of office." Nominations shall be on forms provided by the County Clerk starting on Monday, February 22, 2016 and filed in that office not later than 5 p.m. on March 18, 2016. Election Day is fixed as Tuesday, June 14, 2016. Any Ballot reaching the County Clerk’s Office after 5 p.m. on Tuesday, June 14, 2016 shall be voided and not counted. CONSEQUENCE OF NEGATIVE ACTION: Delay in election of the 2nd, 8th, and 8th Alternate members of the Contra Costa County Employees’ Retirement Association Board. AGENDA ATTACHMENTS Resolution No. 2016/46 MINUTES ATTACHMENTS Signed: Resolution No. 2016/46 February 2, 2016`Official Minutes 485 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/46 In the Matter of the Election of Retirement Board Members Number 2, 8 and 8 Alternate / Calling and Noticing Election (Government Code Section 31520) The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: 1. The term of office of members 2, 8, and 8 alternate of the Contra Costa County Employees' Retirement Association Board will be completed as of June 30, 2016. The members are as follows: Member No.Name 2 Brian Hast, General Member 8 Jerry Telles, Retired Member 8 Alternate Louis Kroll, Retired Alternate The appropriate members of the Retirement Association may elect someone to fill these offices for a three year term beginning July 1, 2016 as provided below. 2. Nominations shall be on forms provided by the County Clerk starting on Monday, February 22, 2016 and filed in that office not later than 5 p.m. on March 18, 2016. The Clerk shall have ballots printed with the nominees' names and with blank spaces for write-in candidates. The Clerk shall have a ballot mailed no later than May 16, 2016 to each member of the appropriate group of the Retirement Association as of April 1, 2016 with a ballot envelope in which to enclose the ballot when voted, imprinted "Retirement Board Ballot" or similar words, together with a postage paid, Business reply envelope addressed to the County Clerk for mailing the ballot envelope to that office, and with instructions that the ballot shall be marked and returned to the County Clerk before 5 p.m. on election day. (See No. 3 below.) 3. Election Day is hereby fixed as Tuesday, June 14, 2016. Any Ballot reaching the County Clerk's Office after 5 p.m. on Tuesday, June 14, 2016 shall be voided and not counted. 4. Notice of election and nomination procedure shall be given by the Clerk by publishing a copy of this resolution at least once in the Contra Costa Times, West Contra Costa Times, San Ramon Valley Times, and the Ledger Post Dispatch at least ten days before the last day for receiving nominations. (See No 2 above.) 5. On Wednesday, June 15,2016, the County Clerk shall cause all valid ballots to be publicly opened, counted, and tallied by an Election Board, which shall forthwith certify the return to this Board; and this Board shall declare the winners elected, or arrange for a run-off election in case of a tie. 6. If the County Clerk receives no valid nominations for the position, he shall so inform this Board which shall call a new election therefore; and if the Clerk receives only one nomination for any of these positions, he shall so notify this Board which shall declare that person elected to that position in accordance with Government Code Section 31523(c). 5 February 2, 2016`Official Minutes 486 Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Elections, , CCCERA Administrator February 2, 2016`Official Minutes 487 February 2, 2016`Official Minutes488 RECOMMENDATION(S): ACCEPT the Contra Costa County Historical Landmarks Advisory Committee (HLAC) 2015 Annual Report. FISCAL IMPACT: Approval of the 2015 Annual Report will not have a fiscal impact. However, this is an unfunded committee and the cost of providing staff support is absorbed by the Department of Conservation and Development. BACKGROUND: On December 13, 2011, the Board of Supervisors adopted Resolution No. 2011/497, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. The attached report fulfills this requirement for the HLAC. CHILDREN'S IMPACT STATEMENT: There are no impacts. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Christine Louie, (925) 674-7787 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 66 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2016 Contra Costa County Subject:Historical Landmarks Advisory Committee (HLAC) 2015 Annual Report February 2, 2016`Official Minutes 489 ATTACHMENTS 2015 HLAC Annual Report February 2, 2016`Official Minutes 490 February 2, 2016`Official Minutes 491 February 2, 2016`Official Minutes 492 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Memorandum of Understanding with the County of San Mateo's Northern California Regional Intelligence Center, to include mutual indemnification, to facilitate the sharing of information as it relates to narcotics trafficking; organized crime; international, domestic and street terrorism related activities for the term January 1, 2016 to December 31, 2016. FISCAL IMPACT: The total cost associated with this agreement is already within the operational budget of the Office of the Sheriff's employee salary and benefits. No additional funds are needed. BACKGROUND: The Sheriff of the County of San Mateo is requesting Contra Costa County Office of the Sheriff's participation in supporting the Northern California Regional Intelligence Center (NCRIC). NCRIC is a multi-jurisdictional public safety information fusion center compromised on the Northern California High Intensity Drug Trafficking Area. NCRIC was created to assist local, state, federal and tribal public safety agencies and critical infrastructure locations with the collection, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 67 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 2, 2016 Contra Costa County Subject:Interagency Argreement with San Mateo County February 2, 2016`Official Minutes 493 BACKGROUND: (CONT'D) analysis and dissemination of all crime threat information. It is the mission of the NCRIC to protect the citizens of the counties within its area of responsibility from the threat of narcotics trafficking; organized crime; international, domestic and street terrorism related activities through information sharing and technical operation support to public safety agencies. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Northern California Regional Intelligence Center (NCRIC) will remain unsupported and the County's information sharing partnership with local state and federal agencies, which is paramount in identifying, preventing and responding to all regional hazards will be diminished. CHILDREN'S IMPACT STATEMENT: No impact. February 2, 2016`Official Minutes 494 RECOMMENDATION(S): Approve the list of providers recommended by Contra Costa Health Plan's Medical Director on December 30, 2015, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: Not applicable. BACKGROUND: The National Committee on Quality Assurance (NCQA) has requested evidence of Board Approval for each CCHP provider be contained within the provider’s credentials file. The recommendations were made by CCHP’s Peer Review and Credentialing Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Health Plan’s Providers would not be appropriately credentialed and not be in compliance with the NCQA. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: T Scott, M Wilhelm, Heather Wong C. 63 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network February 2, 2016`Official Minutes 495 ATTACHMENTS Provider list February 2, 2016`Official Minutes 496 Contra Costa Health Plan Providers Approved by Medical Director December 30, 2015 CREDENTIALING PROVIDERS DECEMBER 2015 Name Specialty Aber, Brooke, PA Mid-Level - Orthopaedic Surgery Assistant Bergland, Sallye, BCBA Behavior Analysis Bhat, Jyoti, M.D. Endocrinology Boatright, Heidi, MFT Mental Health Services Cadek, Bradley, BCBA Behavior Analysis Chahal, Resham, M.D. Ophthalmology Cole, Lauren, BCBA Behavior Analysis Coniglio, Jonathan, PA Mid-Level - Orthopaedic Surgery Assistant Cross, Gina, BCBA Behavior Analysis Danielewicz, Agnieszka, PA Mid-Level Allergy & Immunology Fazil, Rohina, LCSW Mental Health Services Fenner, Gayle, PA Mid-Level Orthopaedic Surgery Assistant Gilbert, Katherine, M.D. Allergy & Immunology Lambe, Austin, BCBA Behavior Analysis Lankamp-Kochis, Barbara, MFT Mental Health Services Mathews, Priscilla, LCSW Mental Health Services Mbadike-Obiora, Maureen, M.D. Primary Care Family Medicine Montes, Angela, BCBA Behavior Analysis Morales, Katie, NP Primary Care Family Medicine Padilla, Alejandra, BCBA Behavior Analysis Pickering, Stacey, NP Mid-Level Urology Rana, Zohaib, BCBA Behavior Analysis Schrager, Ruth, RD Dietitian Sethi, Rajni, M.D. Radiation Oncology Seubert, Christine, BCBA Behavior Analysis Summer, Jane, NP Mid-Level OB/GYN Sweeting, Ameena, BCBA Behavior Analysis Thompson, Jocelyn, BCBA Behavior Analysis Warren, Roxanne, BCBA Behavior Analysis Yotsuya, Cynthia, BCBA Behavior Analysis February 2, 2016`Official Minutes 497 Contra Costa Health Plan Providers Approved by Medical Director December 30, 2015 Page 2 of 3 CREDENTIALING ORGANIZATIONAL PROVIDERS DECEMBER 2015 Provider Name Provide the Following Services Location Comprehensive Care of Oakland, LP dba Bay Area Healthcare Center Skilled Nursing Facility Concord Shattuck Health Care Center, Inc dba Elmwood Care Center Skilled Nursing Facility Concord St. Jude Home Health Agency Corp, dba St. Jude Home Health Agency Home Health Antioch RECREDENTIALING PROVIDERS DECEMBER 2015 Name Specialty Adamich, Jessica, PA Mid-Level - Cardiothoracic Surgery Assistant Cardoza, Mary, M.D. Surgery - General Carolla, Michael, MFT Mental Health Services Chinn, Daniel, M.D. Radiation Oncology Christian, Darrell, Ph.D. Mental Health Services Cogen, Lorna, M.D. Surgery - General Cook, Alison, DPM Podiatry Deboisblanc, Michael, M.D. Surgery - Vascular Edmunds, Magdalen, M.D. Primary Care Family Medicine Glickman, Bobby, M.D. Surgery - General Gong, Henry, M.D. Cardiovascular Disease Hsu, Hsien-Wen, M.D. Pulmonary Disease Hunt, I. Lenore, MFT Mental Health Services Jeiven, Susan, M.D. Pediatric Gastroenterology Johnson, Eric, M.D. Cardiovascular Disease Karamlou, Kasra, M.D. Hematology/Oncology Kerenyi, Victor, DC Chiropractic Medicine Kumar, Harmesh, Ph.D. Mental Health Services LeNoir, Denise, NP Primary Care Pediatrics/Mid-Level Allergy & Immunology February 2, 2016`Official Minutes 498 Contra Costa Health Plan Providers Approved by Medical Director December 30, 2015 Page 3 of 3 Page 3 of 3 RECREDENTIALING PROVIDERS DECEMBER 2015 Name Specialty Liao, Richard, LAc Acupuncture Meyerhoff, Jessamyn, LM Midwife Moy, Jason, M.D. Surgery - General Surgery - Bariatric Murray, Dwight, Ph.D. Mental Health Services Nassiri, Massoud, DC Chiropractic Medicine Pennington-Kent, Phyllis, Ph.D. Mental Health Services Polido, Phillip, M.D. Surgery - General Rahman, Sophia, M.D. Radiation Oncology Raman, Vandana, M.D. Hematology/Oncology Reddy, Srikanth, M.D Hematology/Oncology Steinberg, Jonathan, DPM Podiatry Stern, Jeffrey, M.D. Gynecologic Oncology Toth, John, D.O. Undersea & Hyperbaric Medicine Xue, Chulong, LAc Acupuncture RECREDENTIALING ORGANIZATIONAL PROVIDERS DECEMBER 2015 Provider Name Provide the Following Services Location Dialysis Newco, Inc. dba: DSI Berkeley Dialysis Dialysis Berkeley Manor Care of Walnut Creek CA, LLC dba: Manorcare Health Services – Walnut Creek Skilled Nursing Facility Walnut Creek RAI Care Centers of Northern California II, LLC dba: RAI-Bancroft Ave.-Oakland Dialysis Oakland RAI Care Centers of Northern California II, LLC dba: RAI-Telegraph-Piedmont Dialysis Oakland RAI Care Centers of Oakland II, LLC dba: FMC-East Bay-Oakland Dialysis Oakland bopl-December 30, 2015 February 2, 2016`Official Minutes 499 RECOMMENDATION(S): ACCEPT the December 2015 update of the operations of the Employment and Human Services Department, Community Services Bureau, as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: None. BACKGROUND: The Employment and Human Services Department submits a monthly report to the Contra Costa County Board of Supervisors (BOS) to ensure ongoing communications and updates to the County Administrator and BOS regarding any and all issues pertaining to the Head Start Program and Community Services Bureau. CONSEQUENCE OF NEGATIVE ACTION: Not applicable. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 59 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2016 Contra Costa County Subject:Operations Update of the Employment and Human Services Department, Community Services Bureau February 2, 2016`Official Minutes 500 ATTACHMENTS CSB Dec 2015 CAO Report CSB Dec 2015 HS Fiscal Report CSB Dec 2015 EHS Fiscal Report CSB Dec 2015 Partnership Grant CSB Dec 2015 CACFP Report CSB Dec 2015 Credit Card Report CSB Dec 2015 LIHEAP CSB Dec 2015 Menu February 2, 2016`Official Minutes 501 Camilla Rand, M.S. Director 1470 Civic Court, Suite 200 Concord, CA 94520 Tel 925 681 6300 Fax 925 313 8301 www.cccounty.us/ehsd To: David Twa, Contra Costa County Administrator From: Kathy Gallagher, EHSD Director Subject: Community Services Monthly Report Date: December 2015 I. Good News Update/Accomplishments: The Contra Costa County Economic Opportunity Council has awarded the following subcontractors for the 2016 Community Services Block Grant (CSBG) funding: Bay Area Community Resources, Bay Area Legal Aid, CC Health Services Homeless Program, Contra Costa Interfaith Housing, Opportunity Junction, RYSE, Inc., Shelter Inc. of Contra Costa, STAND! For Families Free of Violence, The Contra Costa Clubhouse, Inc., and White Pony Express. The subcontractors will help met the need of our community and the Contra Costa 2016-17 Community Action Plan goal. CSB Policy Council Executive Team and Parent, Family, Community Engagement Manager, Rita Loza, attend the NHSA 32nd Annual Parent Engagement Conference in San Diego, CA. This national event focuses on how communities, families, and Head Start program staff can work together to promote family engagement in children’s learning and development to achieve positive outcomes. Training topics included: Parent leaders as authentic partners in & beyond Head Start; Building financial capacity; Healthy fathers, healthy families; Promoting positive behavior in early childhood settings; Transition to success, 2 generation model to support family growth; How to advocate for my child with special needs; and Building collaborations for best home to school transitions. All participants were excited about what they learned and are looking forward to sharing their knowledge with program families and staff. Daniel Chodos, Contra Costa County Health and Safety Consultant with Risk Management, conducted training for CSB staff on Illness and Injury Prevention and Work Safety. Training participants included Site Supervisors, Managers and center Health and Safety officers who upon completion of this training will utilize what they learned to train the staff they supervise at their work locations. Our toddlers and preschoolers at Verde and Las Deltas centers participated in the book give-away event on December 17, 2015. The book giveaway was facilitated by Robert Rogers, Supervisor John Gioia’s District Coordinator, and included Robin Yee Wilson from West County Reads who read aloud to the children and their families during the events. The Pajama Program donated children’s pajamas to CSB. New pajamas were distributed to the children centers including partners before December 25th. CSB partnered with the John Muir Health Car Seat Safety Coalition to provide a Booster Seat Training and Car Seat Give-Away (to those in need) at our Bayo Vista site. February 2, 2016`Official Minutes 502 2 II. Status Updates: a. Caseloads, workload (all programs) Head Start enrollment: 98.55% Early Head Start enrollment: 100.78% Head Start Average Daily Attendance for December: 82.50 % Early Head Start Average Daily Attendance for December: 84.80% Stage 2: 408 families and 638 children CAPP: 92 families and 134 children In total: 500 families and 772 children Incoming transfers from Stage 1: 57 families and 82 children LIHEAP: 261 households have been assisted Weatherization: 15 units b. Staffing: During the month of December CSB conducted interviews to fill vacant position within various management and line staff qualifications. The Bureau hired 6 Comprehensive Services Assistant Manager-Project, 1 Comprehensive Services Manager-Project, 2 Teacher-Project, 1 Infant/Toddler Associate Teacher-Project and 2 Associate Teacher- Project. In January the Bureau will be conducting interviews to fill vacant clerical positions. c. Legal/lawsuits N/A d. Union Issues: No issues with the union(s) were raised during the month of December. CSB Management met with the new PEU Local 1 Business Agent representing CSB’s line staff for a Meet and Greet session. III. Hot Topics/Concerns/Issues: On December 21, 2015, the Child and Adult Care Food Program (CACFP) conducted part one of a two-part review by making unannounced visits to our Ambrose and Brookside Children’s Center. During the visit the reviewers examined all of the meal forms in CLOUDS, examined the refrigerator for cleanliness and proper temperature setting, and our child files for reported food allergies and proper documentation from a physician. The reviewer also observed a family style meal. One of the reviewers complimented our program on how well the meal time process was at both sites and CSB successfully passed this portion of the review. CACFP will return in March for the final portion to review our administrative documents. A lack of dental providers in our community serving the low income populations, and a lack of timely access to medical appointments and follow-up services in Contra Costa County continues to be a challenge for CSB to meet the 90 day Head Start Performance Standard deadline for physical assessments. CSB staff are documenting the delays in the children’s files. February 2, 2016`Official Minutes 503 3 IV. Emerging Issues/New Challenges: N/A February 2, 2016`Official Minutes 504 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 3,609,800$ 3,841,014$ 231,214$ 94% b. FRINGE BENEFITS 2,249,467 2,658,808 409,341 85% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 155,151 285,300 130,149 54% f. CONTRACTUAL 4,849,877 6,947,136 2,097,259 70% g. CONSTRUCTION - - - 0% h. OTHER 1,570,403 1,162,382 (408,021) 135% I. TOTAL DIRECT CHARGES 12,434,698$ 14,894,640$ 2,459,942$ 83% j. INDIRECT COSTS 771,878 795,090 23,212 97% k. TOTAL-ALL BUDGET CATEGORIES 13,206,576$ 15,689,730$ 2,483,154$ 84% In-Kind (Non-Federal Share)1,688,608$ 3,922,433$ 2,233,825$ 43% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2015 HEAD START PROGRAM November 2015 Expenditures February 2, 2016`Official Minutes 505 1 2 3 4 5 6 7 8 9 10 Jan-15 Apr-15 Jul-15 thru thru thru Actual Actual Total YTD Total Remaining % Mar-15 Jun-15 Sep-15 Oct-15 Nov-15 Actual Budget Budget YTD a. PERSONNEL (Object class 6a)1,080,575 1,040,657 773,217 381,055 334,297 3,609,800 3,841,014 231,214 94% b. FRINGE (Object Class 6b)667,648 699,324 505,629 168,689 208,177 2,249,467 2,658,808 409,341 85% c. TRAVEL (Object Class 6c)- - - - - - - - 0% e. SUPPLIES (Object Class 6e) 1. Office Supplies 14,099 21,458 15,001 9,695 2,420 62,673 71,900 9,227 87% 2. Child and Family Services Supplies (Includesclassroom Supplies)16,262 (1,910) 3,644 2,557 1,445 21,998 28,900 6,902 76% 4. Other Supplies - - - - - - - - Computer Supplies, Software Upgrades, Computer Replacement 2,594 31,134 - - 12,309 46,037 154,000 107,963 30% Health/Safety Supplies 1,028 1,013 934 155 1,165 4,295 5,500 1,205 78% Mental helath/Diasabilities Supplies 265 1,281 - 82 - 1,628 2,200 572 74% Miscellaneous Supplies 7,228 4,464 3,251 611 740 16,295 19,900 3,605 82% Household Supplies 366 817 429 210 403 2,225 2,900 675 77% TOTAL SUPPLIES (6e)41,843 58,255 23,260 13,311 18,482 155,151 285,300 130,149 54% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)16,379 9,284 - - - 25,663 25,663 0 100% 2. Health/Disabilities Services - - - - - - - - Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- (214,143) - - - (214,143) (251,500) (37,357) 85% Health Consultant 11,021 10,590 12,595 3,903 1,837 39,946 44,800 4,854 89% 3. Food Services - - - - - - - - 5. Training & Technical Assistance - PA11 3,000 (1,791) 6,743 - - 7,951 8,000 49 Diane Godard ($50,000/2)4,675 6,000 4,025 - - 14,700 14,700 - 100% Josephine Lee ($35,000/2)3,550 6,068 715 1,500 1,845 13,678 14,500 823 94% Susan Cooke ($60,000/2)- 2,467 - - - 2,467 2,500 33 99% 7. Delegate Agency Costs - - - - - - - - First Baptist Church Head Start PA22 345,850 506,726 279,116 142,170 205,486 1,479,347 2,044,356 565,009 72% First Baptist Church Head Start PA20 - - - - - - 8,000 8,000 0% 8. Other Contracts - - - - - Antioch Partnership 21,375 48,726 - - - 70,101 134,900 64,799 52% FB-Fairgrounds Partnership (Wrap)11,498 11,804 13,758 6,872 6,734 50,666 64,066 13,400 79% FB-Fairgrounds Partnership 30,600 61,200 30,150 15,075 15,075 152,100 182,700 30,600 83% FB-E. Leland/Mercy Housing Partnership 9,000 18,000 14,600 4,500 4,500 50,600 55,100 4,500 92% Martinez ECC (18 HS slots x $225/mo x 12/mo)36,120 18,000 17,100 9,000 9,000 89,220 107,300 18,080 83% YMCA of the East Bay (20 HS slots x $225/mo x 12/mo) 9,000 18,000 - - - 27,000 54,000 27,000 50% Child Outcome Planning and Administration (COPA/Nulinx)12,196 (134) 9,006 - 1,198 22,267 23,500 1,233 95% Enhancement/wrap-around HS slots with State CD Program 393,657 1,171,446 977,654 - 475,557 3,018,314 4,414,551 1,396,237 68% f. CONTRACTUAL (Object Class 6f)907,922 1,672,241 1,365,462 183,019 721,233 4,849,877 6,947,136 2,097,259 70% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 103,571 115,009 58,427 35,504 23,647 336,158 337,000 842 100% (Rents & Leases/Other Income)(8,265) (7,166) - - - (15,431) (25,000) (9,569) 0% 4. Utilities, Telephone 34,988 85,056 43,264 20,564 22,005 205,877 146,775 (59,102) 140% 5. Building and Child Liability Insurance 3,293 - - - - 3,293 3,300 7 100% 6. Bldg. Maintenance/Repair and Other Occupancy 3,527 130,586 6,186 6,820 10,876 157,994 16,200 (141,794) 975% 8. Local Travel (55.5 cents per mile effective 1/1/2012)7,678 13,469 5,376 4,492 2,664 33,680 38,000 4,320 89% 9. Nutrition Services - - - - - - - - Child Nutrition Costs 104,808 162,913 9,874 47,789 49,019 374,403 370,500 (3,903) 101% (CCFP & USDA Reimbursements)(66,643) (105,017) (2,545) (36,138) - (210,343) (265,000) (54,657) 79% 13. Parent Services - - - - - - - - Parent Conference Registration - PA11 - - - - - - - - 0% PC Orientation, Trainings, Materials & Translation - PA11 2,487 4,220 2,610 741 1,529 11,587 15,500 3,913 75% Policy Council Activities 2,312 441 418 - - 3,172 5,000 1,828 63% Parent Activities (Sites, PC, BOS luncheon) & Appreciation 100 - 7 - 30 137 500 363 27% Child Care/Mileage Reimbursement 1,022 3,298 2,574 1,540 1,490 9,924 10,000 76 99% 14. Accounting & Legal Services - - - - - - - - 0% Auditor Controllers - 1,898 - 927 - 2,825 2,600 (225) 109% Data Processing/Other Services & Supplies 6,979 8,755 3,601 1,800 1,685 22,821 19,000 (3,821) 120% 15. Publications/Advertising/Printing - - - - - - - - Outreach/Printing - - - - - - 100 100 0% 16. Training or Staff Development - - - - - - - - Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)8,304 6,521 6,711 255 4,149 25,940 25,400 (540) 102% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 3,852 10,821 7,114 3,145 - 24,931 24,798 (133) 101% 17. Other - - - - - - - - Site Security Guards - 26,636 557 3,320 2,123 32,637 36,700 4,063 89% Dental/Medical Services 189 222 74 - 888 1,373 1,400 27 98% Vehicle Operating/Maintenance & Repair 40,962 19,842 8,181 4,639 7,453 81,077 66,800 (14,277) 121% Equipment Maintenance Repair & Rental 49,561 24,948 31,033 11,790 17,768 135,100 106,700 (28,400) 127% Dept. of Health and Human Services-data Base (CORD)2,518 2,518 - 3,357 - 8,393 9,200 807 91% Field Trips - - - - - - - - 0% Other Operating Expenses (Facs Admin/Other admin)39,405 59,372 22,144 7,558 12,027 140,506 122,200 (18,306) 115% CSD Admin Costs/Facs Mgt Allocation 76,518 107,833 - - - 184,351 94,709 (89,642) 0% h. OTHER (6h)417,165 672,175 205,607 118,103 157,353 1,570,403 1,162,382 (408,021) 135% I. TOTAL DIRECT CHARGES (6a-6h)3,115,152 4,142,654 2,873,174 864,177 1,439,542 12,434,698 14,894,640 2,459,942 83% j. INDIRECT COSTS 192,784 280,848 109,510 91,464 97,271 771,878 795,090 23,212 97% k. TOTALS (ALL BUDGET CATEGORIES)3,307,936 4,423,502 2,982,684 955,641 1,536,814 13,206,576 15,689,730 2,483,154 84% Non-Federal match (In-Kind)- - 1,568,973 119,635 - 1,688,608 3,922,433 2,233,825 43% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2015 HEAD START PROGRAM November 2015 Expenditures February 2, 2016`Official Minutes 506 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 455,704$ 491,300$ 35,596$ 93% b. FRINGE BENEFITS 299,016 346,617 47,601 86% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 10,529 34,000 23,471 31% f. CONTRACTUAL 2,203,854 2,413,601 209,747 91% g. CONSTRUCTION - 0% h. OTHER 75,031 56,617 (18,414) 133% I. TOTAL DIRECT CHARGES 3,044,135$ 3,342,135$ 298,000$ 91% j. INDIRECT COSTS 124,231 101,699 (22,532) 122% k. TOTAL-ALL BUDGET CATEGORIES 3,168,366$ 3,443,834$ 275,468$ 92% In-Kind (Non-Federal Share)597,829$ 860,958$ 263,129$ 69% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2015 EARLY HEAD START PROGRAM November 2015 Expenditures February 2, 2016`Official Minutes 507 1 2 3 4 5 6 7 8 9 Jan-15 Apr-15 Jul-15 thru thru thru Actual Actual Total YTD Total Remaining Mar-15 Jun-15 Sep-15 Oct-15 Nov-15 Actual Budget Budget Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 112,866 115,752 110,090 47,430 31,187 417,326 463,755 46,429 Temporary 1013 8,914 8,098 11,957 5,124 4,285 38,378 27,545 (10,833) a. PERSONNEL (Object class 6a)121,780 123,850 122,048 52,554 35,471 455,704 491,300 35,596 b. FRINGE BENEFITS (Object Class 6b)- Fringe Benefits 85,442 83,169 73,567 33,721 23,117 299,016 346,617 47,601 b. FRINGE (Object Class 6b)85,442 83,169 73,567 33,721 23,117 299,016 346,617 47,601 c. TRAVEL (Object Class 6c)- - - - - - - - e. SUPPLIES (Object Class 6e) 1. Office Supplies 443 1,884 1,163 899 0 4,389 5,400 1,011 2. Child and Family Serv. Supplies/classroom Supplies 1,076 (1,275) 48 - 348 198 3,900 3,702 4. Other Supplies - Computer Supplies, Software Upgrades, Comp Replacemnt (870) 3,317 - - 2,024 4,470 22,000 17,530 Health/Safety Supplies - - - - 197 197 500 303 Mental helath/Diasabilities Supplies - 83 - - - 83 300 217 Miscellaneous Supplies 34 313 218 6 373 944 1,200 256 Emergency Supplies - - - - - - - - Household Supplies 34 51 61 33 68 248 700 452 e. SUPPLIES (Object Class 6e)718 4,373 1,491 939 3,009 10,529 34,000 23,471 f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs ( Legal, Accounting, Temporary Contracts)1,771 2,321 - - - 4,092 4,500 408 Health Consultant 4,723 4,539 4,133 1,673 787 15,855 19,201 3,346 5. Training & Technical Assistance - PA11 - - - - - - - - Interaction - 1,209 6,743 - - 7,951 8,000 49 Josephine Lee ($35,000/2)3,555 4,650 715 1,500 1,845 12,265 12,300 35 Susan Cooke ($60,000/2)- 28,527 - - - 28,527 27,200 (1,327) 7. Delegate Agency Costs - - - - - - - - 8. Other Contracts - - - - FB-Fairgrounds Partnership 9,800 19,600 9,800 4,900 4,900 49,000 58,800 9,800 FB-E. Leland/Mercy Housing Partnership 11,200 22,400 5,600 5,600 5,600 50,400 67,200 16,800 Brighter Beginnings 20,400 102,000 20,400 47,200 23,600 213,600 260,800 47,200 Cameron School 8,000 45,534 8,000 16,000 - 77,534 101,100 23,566 Crossroads - 28,700 - - 17,150 45,850 55,650 9,800 Martinez ECC 21,000 14,000 7,000 13,650 - 55,650 76,650 21,000 Apiranet 33,600 16,800 11,200 5,600 5,600 72,800 84,000 11,200 Child Outcome Planning & Admini. (COPA/Nulinx)860 1,187 610 - 202 2,860 3,200 340 Enhancement/wrap-around HS slots with State CD Prog.165,988 639,053 566,271 - 196,160 1,567,471 1,635,000 67,529 f. CONTRACTUAL (Object Class 6f)280,897 930,520 640,471 96,123 255,844 2,203,854 2,413,601 209,747 h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 395 89 147,559 (146,945) 284 1,382 1,200 (182) 4. Utilities, Telephone 507 663 377 218 198 1,963 2,000 37 5. Building and Child Liability Insurance - - - - - - - - 6. Bldg. Maintenance/Repair and Other Occupancy 11,557 16,024 76 1,053 20 28,729 12,774 (15,955) 8. Local Travel (55.5 cents per mile)1,880 1,765 1,043 736 895 6,319 4,000 (2,319) 9. Nutrition Services - - - - Child Nutrition Costs - - - - - - - - (CCFP & USDA Reimbursements)- - - - - - - - 13. Parent Services - - - - Parent Conference Registration - PA11 - - - - - - - - Parent Resources (Parenting Books, Videos, etc.) - PA11 - - - - - - - - PC Orientation, Trainings, Materials & Translation - PA11 5,682 738 777 59 - 7,255 5,000 (2,255) Policy Council Activities 222 - 253 - 673 1,149 900 (249) Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - - - - - - - Child Care/Mileage Reimbursement 660 337 188 190 184 1,559 1,600 41 14. Accounting & Legal Services - - - - Auditor Controllers - - - - - - - - Data Processing/Other Services & Supplies 508 889 572 286 285 2,539 1,700 (839) 15. Publications/Advertising/Printing - - - - Outreach/Printing - - - - - - - - 16. Training or Staff Development - - - - Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- 1,168 1,835 - - 3,003 3,300 297 Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 14 2,030 245 - - 2,289 7,943 5,654 17. Other - - - - Site Security Guards - 487 - - - 487 1,000 513 Vehicle Operating/Maintenance & Repair 3,453 3,156 918 1,700 1,759 10,986 9,300 (1,686) Equipment Maintenance Repair & Rental 165 540 320 535 - 1,560 1,400 (160) Dept. of Health and Human Services-data Base (CORD)- - - - - - - - Other Operating Expenses (Facs Admin/Other admin)1,933 1,964 730 - 1,109 5,737 4,500 (1,237) County Indirect Cost (A-87)- - - - - - - - h. OTHER (6h)26,976 29,848 154,893 (142,168) 5,481 75,031 56,617 (18,414) I. TOTAL DIRECT CHARGES (6a-6h)515,813 1,171,761 992,470 41,168 322,923 3,044,135 3,342,135 298,000 j. INDIRECT COSTS 26,423 46,726 22,332 12,036 16,713 124,231 101,699 (22,532) k. TOTALS - ALL BUDGET CATEGORIES 542,236 1,218,487 1,014,802 53,204 339,637 3,168,366 3,443,834 275,468 Non-Federal Match (In-Kind)- - 344,383 253,446 - 597,829 860,958 263,129 CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2015 EARLY HEAD START PROGRAM November 2015 Expenditures February 2, 2016`Official Minutes 508 10 % YTD 90% 139% 93% 86% 86% 0% 81% 5% 20% 0% 0% 79% 0% 35% 31% 91% 83% 0% 100% 200% 300% 83% 75% 82% 77% 82% 73% 87% 89% 96% 91% 115% 98% 225% 158% 0% 0% 0% 145% 128% 0% 97% 0% 149% 0% 91% 29% 0% 118% 111% 0% 0% 133% 91% 122% 92% 69% February 2, 2016`Official Minutes 509 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 242,593$ 263,261$ 20,668$ 92% b. FRINGE BENEFITS 143,627 207,713 64,086 69% c. TRAVEL - - - 0% d. EQUIPMENT - 0% e. SUPPLIES 3,478 14,400 10,922 24% f. CONTRACTUAL 71,885 436,800 364,915 16% g. CONSTRUCTION - 0% h. OTHER 132,980 207,007 74,027 64% I. TOTAL DIRECT CHARGES 594,563$ 1,129,181$ 534,618$ 53% j. INDIRECT COSTS 51,008 54,495 3,487 94% k. TOTAL-ALL BUDGET CATEGORIES 645,571$ 1,183,676$ 538,105$ 55% In-Kind (Non-Federal Share)15,000$ 295,919$ 280,919$ 5% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2015 EARLY HEAD START - CC PARTNERSHIP November 2015 Expenditures February 2, 2016`Official Minutes 510 1 2 3 4 5 6 7 8 9 Jan-15 Apr-15 Jul-15 thru thru thru Actual Actual Total YTD Total Remaining Mar-15 Jun-15 Sep-15 Oct-15 Nov-15 Actual Budget Budget Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 4,789 51,874 97,532 36,529 34,076 224,802 243,261 18,459 Temporary 1013 - - 6,419 6,712 4,661 17,791 20,000 2,209 a. PERSONNEL (Object class 6a)4,789 51,874 103,951 43,241 38,737 242,593 263,261 20,668 b. FRINGE BENEFITS (Object Class 6b)- Fringe Benefits 3,402 31,034 60,212 23,591 25,389 143,627 207,713 64,086 b. FRINGE (Object Class 6b)3,402 31,034 60,212 23,591 25,389 143,627 207,713 64,086 c. TRAVEL (Object Class 6c)- - - - - - - - e. SUPPLIES (Object Class 6e) 1. Office Supplies - 26 - - 817 843 1,200 357 2. Child and Family Serv. Supplies/classroom Supplies - - - - - - 2,400 2,400 4. Other Supplies - - - - Computer Supplies, Software Upgrades, Comp Replacemnt - - - - 916 916 8,600 7,684 Health/Safety Supplies - - - - 773 773 1,000 228 Mental helath/Diasabilities Supplies - - - - - - - - Miscellaneous Supplies - - 323 486 64 872 1,200 328 Household Supplies - - - - 74 74 - (74) e. SUPPLIES (Object Class 6e)- 26 323 486 2,644 3,478 14,400 10,922 f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs ( Legal, Accounting, Temporary Contracts)- - - - 300 300 12,000 11,700 Health Consultant - - - - - - 4,800 4,800 8. Other Contracts - - - - FB-Fairgrounds Partnership - - 29,217 9,000 15,000 53,217 312,000 258,783 FB-E. Leland/Mercy Housing Partnership - - - 9,000 9,000 18,000 108,000 90,000 Brighter Beginnings - - - - 368 368 - (368) f. CONTRACTUAL (Object Class 6f)- - 29,217 18,000 24,668 71,885 436,800 364,915 h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases - - - - 422 422 - (422) 4. Utilities, Telephone - 88 - 248 529 864 8,400 7,536 5. Building and Child Liability Insurance - 222 - - - 222 - (222) 6. Bldg. Maintenance/Repair and Other Occupancy - - - - - - - - 8. Local Travel (55.5 cents per mile)- 301 292 - 179 772 9,000 8,228 14. Accounting & Legal Services - - - - Audit - - - - - - 1,200 1,200 Legal (County Counsel)- - - - - - 1,000 1,000 Auditor Controllers - - - - - - 1,200 1,200 Data Processing/Other Services & Supplies - - - - 517 517 1,000 483 16. Training or Staff Development - - - - Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- - - - - - - - Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - - 75 6,833 - 6,908 25,907 18,999 17. Other - - - - Start-Up Expenses-Child Care Council(org.# 2479)- 78,888 - 37,112 - 116,000 116,000 - Start-Up Expenses-First Baptist (org.# 2479)- - - - - - 5,500 5,500 Vehicle Operating/Maintenance & Repair - - - - - - 3,600 3,600 Equipment Maintenance Repair & Rental - - - - 937 937 3,000 2,063 Dept. of Health and Human Services-data Base (CORD)- - - - - - - - Other Operating Expenses (Facs Admin/Other admin)- 300 4,672 427 937 6,337 31,200 24,863 County Indirect Cost (A-87)- - 5,876 3,272 (9,148) 0 - (0) h. OTHER (6h)- 79,799 10,916 47,892 (5,627) 132,980 207,007 74,027 I. TOTAL DIRECT CHARGES (6a-6h)8,191 162,732 204,619 133,210 85,810 594,563 1,129,181 534,618 j. INDIRECT COSTS - 9,279 13,721 13,885 14,123 51,008 54,495 3,487 k. TOTALS - ALL BUDGET CATEGORIES 8,191 172,011 218,340 147,095 99,934 645,571 1,183,676 538,105 Non-Federal Match (In-Kind)- - - 15,000 - 15,000 295,919 280,919 CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2015 EARLY HEAD START - CC PARTNERSHIP November 2015 Expenditures February 2, 2016`Official Minutes 511 10 % YTD 92% 89% 92% 69% 69% 0% 70% 0% 11% 0% 0% 73% 0% 24% 3% 0% 0% 17% 17% 0% 16% 0% 10% 0% 0% 9% 0% 0% 0% 52% 0% 27% 100% 0% 0% 31% 0% 20% 0% 64% 53% 94% 55% 5% February 2, 2016`Official Minutes 512 2015 Month covered November Approved sites operated this month 15 Number of days meals served this month 18 Average daily participation 882 Child Care Center Meals Served: Breakfast 11,977 Lunch 15,869 Supplements 11,647 Total Number of Meals Served 39,493 fldr/fn:2015 CAO Monthly Reports FY 2015-2016 EMPLOYMENT & HUMAN SERVICES DEPARTMENT COMMUNITY SERVICES BUREAU CHILD NUTRITION FOOD SERVICES CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED February 2, 2016`Official Minutes 513 A - 3 Agency: Community Services Bureau Authorized Users C. Rand, Bureau Dir xxxx8798 Month:November 2015 K. Mason, Div Mgr xxxx7843 K. Mason, Div Mgr xxx3244 Credit Card:Visa/U.S. Bank K. Mason, Div Mgr xxx2364 C. Reich, Div Mgr xxxx4959 C. Johnson, AD xxxx0746 C. Johnson, AD xxxx0220 J. Rowley, AD xxxx8855 J. Rowley, AD xxxx2391 P. Arrington, AD xxxx3838 R. Radeva, PSA III xxxx1899 S. Kim, Interim Div Mgr xxxx1907 Stat. Date Card Account # Amount Program Purpose/Description 11/23/15 xxxx4959 100.00 EHS Basis Grant Misc Services/Supplies 11/23/15 xxxx4959 1,700.00 Comm. Svc Block Grant Training & Registration 1,800.00 11/23/15 xxxx1907 262.90 Indirect Admin Costs Office Exp 11/23/15 xxxx1907 454.64 Operations (C2AP) Other Travel Employees 11/23/15 xxxx1907 1,210.50 Facilities Training & Registration 11/23/15 xxxx1907 920.79 Indirect Admin Costs Other Travel Employees 11/23/15 xxxx1907 96.28 Child Care Svs Program Misc Services/Supplies 11/23/15 xxxx1907 250.00 Child Care Svs Program Rents & Leases - Property 11/23/15 xxxx1907 36.97 GM III Site Costs Misc Services/Supplies 11/23/15 xxxx1907 (25.08) Indirect Admin Costs Office Exp 11/23/15 xxxx1907 345.10 Child Care Svs Program Office Exp 3,552.10 11/23/15 xxxx2364 817.02 HS Parent Services Transportation & Travel 11/23/15 xxxx2364 90.78 EHS Parent Services Transportation & Travel 11/23/15 xxxx2364 220.46 EHS T & TA Other Travel Employees 11/23/15 xxxx2364 24.49 Head Start T & TA Other Travel Employees 11/23/15 xxxx2364 705.55 Child Dev Misc Grants Educational Supplies 11/23/15 xxxx2364 176.39 Literacy Support Contract (CPKS) Educational Supplies 11/23/15 xxxx2364 1,926.00 HS Parent Services Training & Registration 11/23/15 xxxx2364 214.00 EHS Parent Services Training & Registration 11/23/15 xxxx2364 481.50 EHS T & TA Training & Registration 11/23/15 xxxx2364 53.50 Head Start T & TA Training & Registration 4,709.69 11/23/15 xxxx8798 238.47 HS Basic Grant Books, Periodicals 11/23/15 xxxx8798 238.48 EHS Basis Grant Books, Periodicals 11/23/15 xxxx8798 82.21 HS Basic Grant Books, Periodicals 11/23/15 xxxx8798 82.21 EHS Basis Grant Misc Services/Supplies 11/23/15 xxxx8798 1,200.00 Head Start T & TA Training & Registration 11/23/15 xxxx8798 300.00 EHS T & TA Training & Registration 11/23/15 xxxx8798 835.20 Child Dev Misc Grants Educational Supplies SUMMARY CREDIT CARD EXPENDITURE C:\DOCUME~1\DESTIN~1\LOCALS~1\Temp\BCL Technologies\easyPDF 7\@BCL@CC08BDAB\@BCL@CC08BDAB.xlsxFebruary 2, 2016`Official Minutes 514 A - 3 11/23/15 xxxx8798 208.80 Literacy Support Contract (CPKS) Educational Supplies 3,185.37 11/23/15 xxxx1899 2,430.00 Head Start T & TA Training & Registration 11/23/15 xxxx1899 600.00 EHS T & TA Training & Registration 11/23/15 xxxx1899 761.39 Indirect Admin Costs Misc Services/Supplies 3,791.39 11/23/15 xxxx2391 3,582.23 Literacy Support Contract (CPKS) Educational Supplies 11/23/15 xxxx2391 782.89 Child Dev Misc Grants Educational Supplies 11/23/15 xxxx2391 18.96 Child Dev Misc Grants Misc Services/Supplies 11/23/15 xxxx2391 550.00 Las Deltas Site Costs Misc Services/Supplies 4,934.08 11/23/15 xxxx0220 3,600.00 Head Start T & TA Training & Registration 11/23/15 xxxx0220 900.00 EHS T & TA Training & Registration 4,500.00 C:\DOCUME~1\DESTIN~1\LOCALS~1\Temp\BCL Technologies\easyPDF 7\@BCL@CC08BDAB\@BCL@CC08BDAB.xlsxFebruary 2, 2016`Official Minutes 515 A - 4 Authorized Users C. Rand, Bureau Dir xxxx8798 Month: November 2015 K. Mason, Div Mgr xxxx7843 K. Mason, Div Mgr xxxx3244 Credit Card:Visa/U.S. Bank K. Mason, Div Mgr xxxx2364 C. Reich, Div Mgr xxxx4959 C. Johnson, AD xxxx0746 C. Johnson, AD xxxx0220 J. Rowley, AD xxxx2391 P. Arrington, AD xxxx3838 R. Radeva, PSA III xxxx1899 S. Kim, Interim Div Mgr xxxx1907 Acct. code Stat. Date Card Account #Amount Program Purpose/Description 2102 11/23/15 xxxx8798 238.47 HS Basic Grant Books, Periodicals 2102 11/23/15 xxxx8798 238.48 EHS Basis Grant Books, Periodicals 476.95 2477 11/23/15 xxxx2364 705.55 Child Dev Misc Grants Educational Supplies 2477 11/23/15 xxxx2364 176.39 Literacy Support Contract (CPKS)Educational Supplies 2477 11/23/15 xxxx8798 835.20 Child Dev Misc Grants Educational Supplies 2477 11/23/15 xxxx8798 208.80 Literacy Support Contract (CPKS)Educational Supplies 2477 11/23/15 xxxx2391 3,582.23 Literacy Support Contract (CPKS)Educational Supplies 2477 11/23/15 xxxx2391 782.89 Child Dev Misc Grants Educational Supplies 6,291.06 2490 11/23/15 xxxx4959 100.00 EHS Basis Grant Misc Services/Supplies 2490 11/23/15 xxxx1907 96.28 Child Care Svs Program Misc Services/Supplies 2490 11/23/15 xxxx1907 36.97 GM III Site Costs Misc Services/Supplies 2490 11/23/15 xxxx8798 82.21 HS Basic Grant Books, Periodicals 2490 11/23/15 xxxx8798 82.21 EHS Basis Grant Misc Services/Supplies 2490 11/23/15 xxxx1899 761.39 Indirect Admin Costs Misc Services/Supplies 2490 11/23/15 xxxx2391 18.96 Child Dev Misc Grants Misc Services/Supplies 2490 11/23/15 xxxx2391 550.00 Las Deltas Site Costs Misc Services/Supplies 1,728.02 2100 11/23/15 xxxx1907 262.90 Indirect Admin Costs Office Exp 2100 11/23/15 xxxx1907 (25.08) Indirect Admin Costs Office Exp 2100 11/23/15 xxxx1907 345.10 Child Care Svs Program Office Exp 582.92 2303 11/23/15 xxxx1907 454.64 Operations (C2AP)Other Travel Employees 2303 11/23/15 xxxx1907 920.79 Indirect Admin Costs Other Travel Employees 2303 11/23/15 xxxx2364 220.46 EHS T & TA Other Travel Employees 2303 11/23/15 xxxx2364 24.49 Head Start T & TA Other Travel Employees 1,620.38 2260 11/23/15 xxxx1907 250.00 Child Care Svs Program Rents & Leases - Property 250.00 2467 11/23/15 xxxx4959 1,700.00 Comm. Svc Block Grant Training & Registration 2467 11/23/15 xxxx1907 1,210.50 Facilities Training & Registration 2467 11/23/15 xxxx2364 1,926.00 HS Parent Services Training & Registration 2467 11/23/15 xxxx2364 214.00 EHS Parent Services Training & Registration 2467 11/23/15 xxxx2364 481.50 EHS T & TA Training & Registration 2467 11/23/15 xxxx2364 53.50 Head Start T & TA Training & Registration 2467 11/23/15 xxxx8798 1,200.00 Head Start T & TA Training & Registration 2467 11/23/15 xxxx8798 300.00 EHS T & TA Training & Registration 2467 11/23/15 xxxx1899 2,430.00 Head Start T & TA Training & Registration 2467 11/23/15 xxxx1899 600.00 EHS T & TA Training & Registration 2467 11/23/15 xxxx0220 3,600.00 Head Start T & TA Training & Registration 2467 11/23/15 xxxx0220 900.00 EHS T & TA Training & Registration 14,615.50 2300 11/23/15 xxxx2364 817.02 HS Parent Services Transportation & Travel 2300 11/23/15 xxxx2364 90.78 EHS Parent Services Transportation & Travel 907.80 Total 26,472.63 Agency: Community Services Bureau COMMUNITY SERVICES BUREAU SUMMARY CREDIT CARD EXPENDITURE C:\DOCUME~1\DESTIN~1\LOCALS~1\Temp\BCL Technologies\easyPDF 7\@BCL@CC08BDAB\@BCL@CC08BDAB.xlsxFebruary 2, 2016`Official Minutes 516 CAO Monthly Report CSBG and Weatherization Programs Year-to-Date Expenditures As of November 30, 2015 1. 2015 LIHEAP WX Contract # 15B-3005 Term: Jan. 1, 2015 - Jan. 31, 2016 Amount: WX $ 1,076,832 Total Contract 1,076,832$ Expenditures (751,705) Balance 325,127$ Expended 70% 2. 2015 LIHEAP ECIP/EHA 16 Contract # 15B-3005 Term: Jan. 1, 2015 - Jan. 31, 2016 Amount: EHA 16 $ 999,353 Total Contract 999,353$ Expenditures (820,355) Balance 178,998$ Expended 82% 3. 2015 LIWP (LOW INCOME WX) Contract # 15K-6003 Term: Jan 1, 2015 - Jan 31, 2017 Amount: $ 537,538 Total Contract 537,538$ Expenditures (99,253) Balance 438,285$ Expended 18% 4. 2015 COMMUNITY SERVICES BLOCK GRANT (CSBG) Contract # 15F-2007 Term: Jan. 1, 2015 - December 31, 2015 Amount: $ 797,709 Total Contract 797,709$ Expenditures (627,244) Balance 170,465$ Expended 79% fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 11-2015 February 2, 2016`Official Minutes 517 December 2015 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 BREAKFAST FRESH APPLE KIX CEREAL LUNCH *JAMMIN JAMBALAYA (chicken, tomatoes, celery, bell peppers, & onions) FRESH TANGERINE BROWN RICE PM SNACK WHOLE WHEAT CINNAMON BREAD 1% LOW-FAT MILK 2 BREAKFAST- NUTRITION EXPERIENCE PINEAPPLE TIDBITS WHOLE WHEAT BAGEL LOW-FAT CREAM CHEESE LUNCH *BEEF VEGETABLE STEW (beef, potatoes, green peas, & carrots) FRESH PEAR WHOLE WHEAT CORNBREAD SQ. PM SNACK LET’S GO FISHING MIX (crispix, gold fish crackers, cheese crackers, & pretzel sticks) 1% LOW-FAT MILK 3 BREAKFAST FRESH BANANA ROLLED OATS WITH RAISINS LUNCH *TOMATO & MACARONI BAKE WITH WHOLE WHEAT PENNE (ground beef, turkey, tomatoes, & corn) FRESH KIWI PM SNACK SOUND BITE CRACKERS 1%LOW-FAT MILK 4 BREAKFAST FRESH ORANGE BRAN CEREAL LUNCH - NUTRITION EXPERIENCE *KANGAROO POCKET (deli sliced turkey, shredded lettuce, carrots, & ranch dressing) BROCCOLI CHEESE SOUP PITA POCKET BREAD PM SNACK - NUTRITION EXPERIENCE FRESH APPLE SUNBUTTER 7 BREAKFAST FRESH ORANGE RICE CHEX CEREAL LUNCH *VEGETABLE CHILI (kidney beans, tomatoes, bulgur wheat, green peppers, & low-fat plain yogurt) FRESH KIWI SALTINE CRACKERS PM SNACK - NUTRITION EXPERIENCE HONEY WHOLE WHEAT BREADSTICK PIZZA SAUCE FOR DIPPING 1% LOW-FAT MILK 8 BREAKFAST FRESH APPLE CORN FLAKE CEREAL LUNCH – NUTRITION EXPERIENCE TURKEY HAM & SWISS CHEESE SANDWICH MAYO & MUSTARD DRESSING GREEN LEAF LETTUCE & TOMATO SLICE FRESH TANGERINE WHOLE WHEAT BREAD PM SNACK – NUTRITION EXPERIENCE MANGO SALSA CORN TORTILLA CHIPS 9 BREAKFAST – NUTRITION EXPERIENCE PINEAPPLE CUBES WHOLE WHEAT PLAIN BAGEL LOW-FAT CREAM CHEESE LUNCH *CHICKEN GUMBO (diced chicken, tomatoes, okra, celery, & green peppers) WITH BROWN RICE FRESH ORANGE SLICES PM SNACK – NUTRITION EXPERIENCE BANANA WALKING SANDWICH WITH SUNBUTTER 1% LOW-FAT MILK 10 BREAKFAST FRESH KIWI CREAM OF WHEAT CEREAL LUNCH MACARONI & CHEESE WITH TURKEY HAM GREEN BEANS FRESH APPLE PM SNACK HOMEMADE WHOLE GRAIN BLUEBERRY MUFFIN SQ. 1% LOW-FAT MILK 11 BREAKFAST – NUTRITION EXPERIENCE FRESH BANANA SUNBUTTER WHOLE WHEAT ENGLISH MUFFIN LUNCH - NUTRITION EXPERIENCE CHICKEN SALAD SANDWICH BABY CARROTS (NO DRESSING) FRESH PEAR WHOLE WHEAT BREAD PM SNACK – NUTRITION EXPERIENCE HARD BOILED EGG FRESH ORANGE 14 BREAKFAST FRESH ORANGE BRAN CEREAL LUNCH TOASTED CHEDDAR CHEESE SANDWICH LENTIL SOUP WITH POTATOES, ONIONS, CELERY, & CARROTS FRESH APPLE PM SNACK ANIMAL CRACKERS 1% LOW-FAT MILK 15 BREAKFAST FRESH PEAR CORN CHEX CEREAL LUNCH BEEF ADOBO FRESH BROCCOLI WITH VEGETABLE DRESSING FRESH TANGERINE BROWN RICE PM SNACK PINEAPPLE TIDBITS LOW-FAT COTTAGE CHEESE 16 BREAKFAST FRESH BANANA ROLLED OATS WITH RAISINS LUNCH *CHICKEN POT PIE WITH VEGETABLES FRESH APPLE WHOLE WHEAT BISCUIT PM SNACK - NUTRITION EXPERIENCE HOMEMADE PICO DE GALLO CORN TORTILLA CHIPS 1% LOW-FAT MILK 17 BREAKFAST FRESH KIWI SCRAMBLED EGGS & SHREDDED CHEESE PITA POCKET BREAD LUNCH SPAGHETTI CASSEROLE (ground beef & turkey) WITH WHOLE WHEAT SPAGHETTI SPINACH SALAD & SHREDDED CARROTS WITH ITALIAN DRESSING FRESH ORANGE PM SNACK HOMEMADE BREAD PUDDING WITH RAISINS 1% LOW-FAT MILK 18 BREAKFAST FRESH BANANA CHEERIOS LUNCH *WHITE CHICKEN CHILI (diced chicken, white beans, tomatoes, cheese, & light sour cream) FRESH PEAR SLICES WHOLE WHEAT CORNBREAD SQ. PM SNACK- NUTRITION EXPERIENCE SUNBUTTER LOGS (celery sticks, sunbutter) NO RAISINS 1% LOW-FAT MILK 21 BREAKFAST FRESH KIWI RICE CHEX CEREAL LUNCH – NUTRITION EXPERIENCE BEAN & CHEESE BURRITO SHREDDED LETTUCE & TOMATOES FRESH ORANGE WHOLE WHEAT TORTILLA PM SNACK GRAHAM CRACKERS 1% LOW-FAT MILK 22 BREAKFAST FRESH PEAR CORNFLAKES CEREAL LUNCH – NUTRITION EXPERIENCE TURKEY HAM & CHEDDAR SANDWICH MINESTRONE SOUP (white beans, tomatoes, zucchini, carrots, cabbage, & celery) FRESH APPLE WHOLE WHEAT BREAD PM SNACK WHOLE GRAIN CRACKERS HUMMUS 1%LOW-FAT MILK 23 BREAKFAST FRESH BANANA WHOLE WHEAT CINNAMON BREAD LUNCH – NUTRITION EXPERIENCE TURKEY & CRANBERRY SANDWICH MAYO DRESSING GREEN LEAF LETTUCE & TOMATO SLICE FRESH TANGERINE WHOLE WHEAT BREAD PM SNACK WHOLE GRAIN SWEET POTATO & RAISIN BREAD SQ. 1% LOW-FAT-MILK 24 BREAKFAST FRESH ORANGE CORN CHEX CEREAL LUNCH – NUTRITION EXPERIENCE SUNBUTTER & JELLY SANDWICH MOZZARELLA CHEESE BABY CARROTS (NO DRESSING) FRESH KIWI WHOLE WHEAT BREAD PM SNACK FRIENDS TRIAL MIX (kix, cheerios, corn chex, raisins, pretzels, & dried apricots) 1% LOW-FAT MILK 25 28 BREAKFAST FRESH ORANGE HEART TO HEART CEREAL LUNCH *BROCCOLI, CAULIFLOWER & CHEESE SOUP FRESH KIWI WHOLE WHEAT ROLL PM SNACK LOW-FAT COTTAGE CHEESE DICED PEACHES 29 BREAKFAST FRESH BANANA KIX CEREAL LUNCH – NUTRITION EXPERIENCE CHICKEN SALAD BABY CARROTS (NO DRESSING) FRESH PEAR PITA POCKET BREAD PM SNACKS CORN TORTILLA CHIPS SALSA 1% LOW-FAT MILK 30 BREAKFAST – NUTRITION EXPERIENCE PINEAPPLE TIDBITS WHOLE WHEAT BAGEL LOW-FAT CREAM CHEESE LUNCH – NUTRITION EXPERIENCE TUNA SALAD CUCUMBER SLICES LOW-FAT RANCH DIP FRESH APPLE WHEAT CRACKERS PM SNACK WHOLE GRAIN PUMPKIN BREAD SQ. 1% LOW-FAT MILK 31 BREAKFAST FRESH TANGERINE BRAN CEREAL LUNCH – NUTRITION EXPERIENCE SUNBUTTER & BANANA WRAP STRING CHEESE CELERY STICKS (NO DRESSING) WHOLE WHEAT TORTILLA PM SNACKS BUG BITE CRACKERS 1% LOW-FAT MILK ALL BREAKFAST & LUNCH SERVED WITH 1% LOW-FAT MILK *Indicates vegetable included in main dish WATER IS OFFERED THROUGHOUT THE DAY February 2, 2016`Official Minutes 518 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller to pay $24,216.38 to Addiction Research and Treatment, Inc., for the provision of methadone treatment services to Medi-Cal beneficiaries over the age of eighteen through its Methadone Maintenance Clinics Program (Medi-Cal Drug Abuse Treatment Services) in East and West County for the period July 1, 2013 through June 30, 2014. FISCAL IMPACT: This is funded 50% Federal Drug Medi-Cal and 50% State Drug Medi-Cal. No County Match required. (No rate increase) BACKGROUND: On September 10, 2013, the County Board of Supervisors approved Contract #24-979-25 (as amended by Amendment Agreement #24-979-26) with Addiction Research and Treatment, Inc. for the provision of methadone treatment services to Medi-Cal beneficiaries over the age of eighteen through its Methadone Maintenance Clinics Program (Medi-Cal Drug Abuse Treatment Services) in East and West County for the period July 1, 2013 through June 30, 2014. Services were requested and provided beyond the payment limit of the contract. At the end of the contract period, charges of $3,449,485.38 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Fatima Matal 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: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilhelm, Fatima Matal Sol C. 65 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 2, 2016 Contra Costa County Subject:Payment for Services Provided by Addiction Research and Treatment, Inc. dba Bay Area Addiction Research and Treatment (BAART) February 2, 2016`Official Minutes 519 BACKGROUND: (CONT'D) had been incurred, of which $3,425,269 had been paid pursuant to the contract limits. The additional services were provided from July 1, 2013 through June 30, 2014 and amounted to $24,216.38. This requested payment is to fund the final fiscal year 2013-2014 cost report settlement for Addiction Research and Treatment, Inc. for Contract 24-979-25 (as amended by Amendment Agreement #24-979-26). Due to higher than anticipated utilization over the course of that fiscal year, the final cost settlement was $24,216.38 greater than the payment limit for that contract. The reason for the delay of this requested action is due to the time lag in the California Department of Health Care Services cost report settlement process. Because the contract payment limit has been reached and the contract term has expired, the Department cannot pay the provider under the contract for the additional services provided during the original contract term. The provider is nonetheless entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services. Because the Health Services Department requested additional services from Addiction Research and Treatment, Inc., and the contractor provided the services in good faith, with the full expectation and understanding that it would receive payment for those services, the contractor has the right to claim the reasonable value of the services provided above the contract limit. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment to Addiction Research and Treatment, Inc. in the amount of $24,216.38. CONSEQUENCE OF NEGATIVE ACTION: The Contractor will not be paid for services rendered in good faith to the Health Services Department. CHILDREN'S IMPACT STATEMENT: Not applicable. February 2, 2016`Official Minutes 520 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a tolling agreement with GTE MobileNet of California (dba Verizon Wireless), to extend the time to act on a permit application for a wireless telecommunications facility proposed in the Alamo area of unincorporated Contra Costa County to March 31, 2016 and beyond, if needed. FISCAL IMPACT: None. The applicant has paid the necessary application processing fees and is obligated to pay supplemental fees to recover any and all additional staff time and materials associated with application processing. BACKGROUND: Verizon Wireless has filed a land use permit application to construct a stealth wireless telecommunications facility within the Alamo area (County File Number LP15-2018). The application was filed with the County on May 21, 2015. The County issued a notice of incomplete application on June 9, 2015. Verizon Wireless provided all the required information on August 5, 2015. The County issued a notice of complete application on August 6, 2015. The County Zoning Administrator approved Verizon Wireless' land use permit application on January 4, 2016. A written appeal of the Zoning Administrator's decision was received on January 14, 2016. The appeal hearing has not yet been scheduled before the County Planning Commission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Muraoka 925-674-7781 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: C. 61 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2016 Contra Costa County Subject:Tolling Agreement with Verizon Wireless February 2, 2016`Official Minutes 521 BACKGROUND: (CONT'D) Under a ruling of the Federal Communications Commission (FCC), a wireless service provider whose application has been pending for a period of 150 days for a new wireless telecommunications facility is authorized to seek judicial relief within 30 days on the basis that a local permitting authority did not act on the application within "a reasonable time". (FCC 09-99 Declaratory Ruling, November 18, 2009.) The ruling also permits the period for a local jurisdiction's review of an application to be extended by mutual consent. Further, a wireless service provider adversely affected by the final action or failure to act may file an action for relief within 30 days of the action or failure to act. (47 U.S.C. Section 32(c)(7)(B)(v).) The proposed tolling agreement would extend the time for the County Planning Commission to act on the appeal to March 31, 2016, and would prohibit Verizon Wireless from seeking a court order before March 31, 2016, directing the County to act on the application, and would toll the time for Verizon Wireless to assert any claim alleging a violation of the Permit Streamlining Act (Govt. Code Section 65920 et seq.) to a date after March 31, 2016. This Board Order also authorizes the Director of Conservation and Development, or designee, to execute extensions of the above time period if necessary. CONSEQUENCE OF NEGATIVE ACTION: If the Tolling Agreement is not approved, the project may be considered deemed approved. February 2, 2016`Official Minutes 522