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HomeMy WebLinkAboutMINUTES - 02092016 - 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 and MINUTES February 9, 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)) Joanne Lewis v. United States, et al., United States District Court, Southern District of California, Case No. 15-CV-02319-CAB-JLB 1. C. LIABILITY CLAIMS Claimant: Donald Wagda Agency claimed against: Contra Costa County D. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): One potential case February 9, 2016 Official Minutes 1 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "In the end, it's not the years in your life that count. It's the life in your years." ~Abraham Lincoln Present: Candace Andersen, District II Supervisor; Mary N. Piepho, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Absent: John Gioia, District I Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel CONSIDER CONSENT ITEMS (Items listed as C.1 through C.104 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION to recognize the participation and generosity of County employees in the 2015 Counties Care Holiday Food Fight, as recommended by the County Administrator. (David Twa, County Administrator)     AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) PR.2 PRESENTATION proclaiming February 2016 Eligibility Workers' Month. (Kathy Gallagher, Employment and Human Resources Director)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) DISCUSSION ITEMS   D. 1 PUBLIC COMMENT (3 Minutes/Speaker)    There were no requests to speak at Public Comment.   D. 2 CONSIDER Consent Items previously removed.    There were no items removed from consent for discussion.   D.3 CONSIDER accepting the 2015 Annual Report from the Contra Costa County Flood Control and Water Conservation District (Flood Control District); DIRECT the Chief Engineer, Flood Control District, or designee, to implement the Action Plans in the report, with a follow-up report to the Board of Supervisors annually; and REFER the Flood Control District’s efforts to develop sustainable funding to the Transportation, Water and Infrastructure Committee, Countywide. (100% Flood Control District Funds) (Mike Carlson, Public Works Department)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D.4 CONSIDER accepting LVN/Aide Unit, General Services and Maintenance Unit, and Health Services    February 9, 2016 Official Minutes 2 D.4 CONSIDER accepting LVN/Aide Unit, General Services and Maintenance Unit, and Health Services Unit decertification election results (David Twa, County Administrator)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D.5 CONSIDER adopting Resolution No. 2016/80 approving the Memorandum of Understanding (MOU) between Contra Costa County and the Contra Costa County Defenders Association for the period of July 1, 2015 through June 30, 2018. (David Twa, County Administrator)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) D. 6 CONSIDER reports of Board members.    There were no items reported today.   Closed Session   ADJOURN   CONSENT ITEMS   Road and Transportation   C. 1 ACCEPT the 2014 and 2015 reports of real estate acquisition acceptances dated January 1, 2014 – December 31, 2015 approved by the Public Works Director as submitted; Alamo, Antioch, Brentwood, Byron, Clayton, Danville, El Cerrito, El Sobrante, Martinez, Pittsburg, San Pablo, and San Ramon areas. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 2 APPROVE the Canal Road Bridge Replacement 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. (88% Federal Highway Bridge Program, 12% Local Road Funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 3 ADOPT Resolution No. 2016/75 accepting as complete the contracted work performed by Granite Rock Company for the Marsh Creek Road Safety Improvements Project, as recommended by the Public Works Director, Clayton area. (49% High Risk Rural Road (HRRR) Funds, 7% Proposition 1B Funds, 35% East County Area of Benefit Funds, and 9% Contra Costa Water District Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) February 9, 2016 Official Minutes 3 C. 4 APPROVE the Iron Horse Corridor-Hookston Station Landscape Improvements, Phase II Project and related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Pleasant Hill area. (100% East Bay Regional Park District Measure WW funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 5 ADOPT Resolution No. 2016/73 approving and authorizing the Public Works Director, or designee, to partially close a portion of Willow Pass Road between Marin Avenue and Manor Drive, on May 30, 2016 from 10:00 a.m. through 11:00 a.m., for the purpose of the Bay Point Spring Derby Parade, Bay Point area. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Engineering Services   C. 6 ADOPT Resolution No. 2016/71 accepting completion of warranty period for the Subdivision Agreement (Right of Way Landscaping) and release of cash deposit for faithful performance, subdivision SD05-08943, for a project 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. (100% Developer Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 7 ADOPT Resolution No. 2016/72 accepting completion of landscape improvements for a Subdivision Agreement (Right of Way Landscaping) for subdivision SD99-08306, 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. (100% Developer Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 8 ADOPT Resolution No. 2016/60 accepting the Grant Deed of Development Rights for minor subdivision MS13-00006, for a project being developed by Kimberli R. Edmonson and Clifford Edmonson, as recommended by the Public Works Director, Alamo area. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 9 ADOPT Resolution No. 2016/70 approving the Final Map and Subdivision Agreement for subdivision SD 14-09297, for a project being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon area. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover February 9, 2016 Official Minutes 4 Other: District I Supervisor John Gioia (ABSENT) Special Districts & County Airports   C. 10 APPROVE and AUTHORIZE the Director of Airports, or designee, to waive the Consumer Price Index rent adjustment for airport aviation tenants for a three-year period, starting April 1, 2016 and ending March 31, 2019. (100% Airport Enterprise Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 11 APPROVE and AUTHORIZE the Chief Engineer, or designee, of the Contra Costa County Flood Control and Water Conservation District to execute a license agreement between United States of America, by the Commandant of the Coast Guard, and Contra Costa County Flood Control and Water Conservation District, effective January 1, 2016 through December 31, 2021, for the installation and operation of a rain gauge located atop the main building at the Coast Guard Mount Diablo Communication Site, Clayton area. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Claims, Collections & Litigation   C. 12 RECEIVE report concerning personal property loss of County employee David Brown and AUTHORIZE payment from the Liability Internal Service Fund in the amount of $387.19. (100% General Liability Internal Service Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 13 DENY claims filed by David Daniel, Eli Dominguez, Mary Duenas, Kamal Randhawa, Jeremy David Recht, Adam Shaner, Lorraine Stewart, and Jose Francisco Lopez Urquiza. DENY Application to File Late Claim by Ciara Chillous.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Statutory Actions   C. 14 APPROVE Board meeting minutes for December 2015 and January 2016, as on file with the Office of the Clerk of the Board.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Honors & Proclamations February 9, 2016 Official Minutes 5 Honors & Proclamations   C. 15 ADOPT Resolution No. 2016/63 recognizing Kevin M. Reneau as the Moraga 2015 Business Person of the Year, as recommended by Supervisor Andersen.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 16 ADOPT Resolution No. 2016/74 proclaiming February 2016 as Eligibility Workers' Month in Contra Costa County, as recommended by the Employment and Human Services Director.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 17 ADOPT Resolution No. 2016/76 recognizing Anna Tague as the Orinda Association 2015 Volunteer of the Year, as recommended by Supervisor Andersen.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 18 ADOPT Resolution No. 2016/77 honoring the Orinda Community Foundation for receiving the 2015 William Penn Mott, Jr. Environmental Award, as recommended by Supervisor Andersen.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 19 ADOPT Resolution No. 2016/81 recognizing Boy Scouts of America Troop 151 for their 100th anniversary, as recommended by Supervisor Piepho.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 20 ADOPT Resolution No. 2016/82 to recognize the participation and generosity of County employees in the 2015 Counties Care Holiday Food Fight, as recommended by the County Administrator.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Ordinances   C. 21 INTRODUCE Ordinance No. 2016-05 establishing requirements for the online filing of campaign disclosure documents filed with the County Clerk-Recorder Elections Division; WAIVE reading , and FIX March 8, 2016 to consider adoption, as recommended by the Clerk-Recorder.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover February 9, 2016 Official Minutes 6 Other: District I Supervisor John Gioia (ABSENT) C. 22 INTRODUCE Ordinance No. 2016-06 to provide for new device registration fees and inspections of point-of-sale systems, WAIVE reading, and FIX hearing for March 1, 2016 to consider adoption, as recommended by the Director of Agriculture/Weights & Measures.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Hearing Dates   C. 23 ADOPT Resolution No. 2016/64, declaring the intention to form Zone 1515 within County Service Area P-6 in an unincorporated are near Walnut Creek; and fixing a public hearing for March 1, 2016, at 9:30 a.m. to consider public input regarding the establishment of Zone 1515 and the adoption of Ordinance No. 2016-03 authorizing the levy of a special tax within Zone 1515 to fund police protection services, as recommended by the Conservation and Development Director. (100% Developer Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Appointments & Resignations   C. 24 APPOINT Douglas Dunn to the District III At-Large seat on the Mental Health Commission, as recommended by Supervisor Piepho.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 25 ACCEPT resignation of Louis Buckingham, DECLARE a vacancy in the District III Family Member seat on the Mental Health Commission, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Piepho.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 26 REAPPOINT Chris Gallagher, Trudy Negherbon and Scott Sweet to County Service Area P-2A Citizen Advisory Committee, and APPOINT Henry Schultzel to County Service Area P-2A Citizen Advisory Committee, as recommended by Supervisor Piepho.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 27 APPOINT Jill Winspear to the Appointee 9 seat on the Alamo Police Services Advisory Committee, as recommended by Supervisor Andersen.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV February 9, 2016 Official Minutes 7  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 28 APPOINT seven individuals to the Contra Costa Council on Homelessness, as recommended by the Health Services Director.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Appropriation Adjustments   C. 29 Road Fund (110800): APPROVE Appropriation Adjustment No. 5045 reallocating the Road Fund Balance to reflect appropriate categories for estimated expenditures in FY 2015-2016. (No Fiscal Impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Intergovernmental Relations   C. 30 ACKNOWLEDGE receipt of the resolution from the San Francisco Bay Restoration Authority calling for a special election and ADOPT Resolution No. 2016/78, ordering that the election be conducted and consolidated with the June 7, 2016 Statewide Primary Election, as recommended by the Clerk-Recorder.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Personnel Actions   C. 31 ADOPT Position Adjustment Resolution No. 21823 to add one Human Resources Systems Specialist (unrepresented) position and cancel one Clerk-Specialist Level (represented) position in the Human Resources Department. (100% Benefits Administration Fee)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 32 ADOPT Position Adjustment Resolution No. 21817 to add two Deputy Director of Information Technology-Exempt (unrepresented) positions; and cancel one Deputy Chief Information Officer - Geographic Information System-Exempt (unrepresented) position and one Deputy Director/Chief Information Security Officer-Exempt (unrepresented) position in the Department of Information Technology and abolish these classes. (100% User Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 33 ADOPT Position Adjustment Resolution No. 21825 to add one Medical Social Worker II position    February 9, 2016 Official Minutes 8 C. 33 ADOPT Position Adjustment Resolution No. 21825 to add one Medical Social Worker II position (represented) and cancel one vacant Registered Nurse-Experienced Level position (represented) in the Health Services Department. (Cost savings)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 34 ADOPT Position Adjustment Resolution No. 21818 to add one Information Systems Programmer/Analyst III position (represented) and cancel one Business Systems Analyst position (represented) in the County Administrator's Office. (50% AB 109 Public Safety Realignment, 50% County General Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 35 ADOPT Position Adjustment Resolution No. 21824 to add one Administrative Services Assistant II position (represented) and cancel one vacant Information Systems Technician II position (represented) in the Health Services Department. (Cost savings)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 36 ADOPT Position Adjustment Resolution No. 21826 to add 34 positions (represented) in the Health Services Department for the expansion services to be provided at the Antioch Health Center. (100% FQHC and third party revenues)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 37 ADOPT Resolution No. 2016/65 confirming applicability of Government Code section 31870 (Two Percent Cost of Living Adjustment to Retirement Benefit) for employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers, who become New Members of CCCERA on and after July 1, 2014, in the PEPRA Retirement Tier, as recommended by the County Administrator.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) Leases   C. 38 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with 777 Arnold Drive, LLC, effective February 9, 2016, for approximately 20,089 square feet of rentable office space for the Contra Costa County Library Administration at 777 Arnold Drive, Suite 210, Martinez, at an initial annual rent of $325,000 for the first two years with an annual increase thereafter, for a term of 12 years with two five-year renewal terms. (100% Library Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) February 9, 2016 Official Minutes 9 Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 39 ADOPT Resolution No. 2016/69 approving and authorizing the Conservation and Development Director, or designee, to apply for and execute a contract and any and all other documents, pursuant to State guidelines, to accept a grant in an amount not to exceed $158,400 with California Department of Housing and Community Development to administer the Housing Related Parks Program for the 2015 Designated Program Year. (100% HCD Housing Related Parks Program grant funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 40 ADOPT Resolution No. 2016/58 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging, to pay the County an amount not to exceed $26,156 for Medicare Improvements for Patients and Providers Act services for the period September 30, 2015 through September 29, 2017. (No County match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 41 APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept a grant in the amount of $40,000 from the National Juvenile Defender Center for the Juvenile Post Disposition Reentry Legal Fellowship program. (57% Foundation revenue, 43% In-kind match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 42 APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept grants in the total amount of $73,503 from the San Francisco Foundation and the California Endowment for the Proposition 47 Outreach program. (No County match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the California Department of Public Health, Office of AIDS, effective July 1, 2015, to increase the amount payable to the County by $37,702 to a new payment limit of $75,404 for the County's AIDS Drug Assistance Program, with no change in the original term of July 1, 2015 through June 30, 2017. (No County match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    February 9, 2016 Official Minutes 10 C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the California Department of Public Health, Office of Health Equity, to pay the County an amount not to exceed $9,990 for the Public Health CalBrace Climate Change Project, for the period July 1, 2015 through May 31, 2016. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a Consolidated Application, along with necessary assurances and certifications to the U. S. Department of Housing and Urban Development for 2015 Continuum of Care Funding, in an amount not to exceed $12,568,529 to provide supportive housing and services to homeless individuals and their families in Contra Costa County for the period July 1, 2015 through June 30, 2016. (No County match)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 46 APPROVE and AUTHORIZE the Health Services Director or designee to execute, on behalf of the County, a contract with Sutter Health, to pay the County an amount not to exceed $97,275 for the County’s Concord interim housing, transportation and services project for homeless patients referred by Sutter Delta Hospital in Antioch, for the period December 25, 2015 through December 24, 2016. (No County match)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 47 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Department of Boating and Waterways in an initial amount of $738,249 for marine patrol and boating regulations enforcement beginning July 1, 2016 through the end of the available grant funding. (100% State)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 48 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Lao Family Community Development, Inc., to decrease the payment limit by $450,000 to a new payment limit of $555,000 for job skills and placement services for limited English speaking and non-English speaking CalWORKs participants, for the period of July 1, 2015 through June 30, 2016. (15% State 85% Federal)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 49 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with    February 9, 2016 Official Minutes 11 C. 49 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Dahlin Group, Inc., in an amount not to exceed $250,000, including modified indemnification provisions and superseding Board action (C.35) of November 17, 2015, to provide planning services for County and Flood Control District properties in the Oak Park area (South Pleasant Hill Parcels) for the period of August 1, 2015 through July 31, 2017, Pleasant Hill area. (100% Oak Park Sale of Surplus Proceeds Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 50 APPROVE the allocation of $1,010,000 of Housing Opportunities for Persons with HIV/AIDS (HOPWA) funds from Fiscal Year 2015/16, 2016/17, and 2017/18 to Resources for Community Development to assist in the the new construction of the Riviera Family Apartments in the City of Walnut Creek, as recommended by the Conservation and Development Director. (100% Federal Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Gary B. Marcus, M.D., A Professional Corporation, in an amount not to exceed $150,000 to provide cardiology services to Contra Costa Health Plan (CCHP) members, for the period December 1, 2015 through November 30, 2017. (100% CCHP Enterprise Fund II)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with RG Hernandez, LLC, in an amount not to exceed $104,820 to provide consultation and technical assistance with regard to third party revenues, costs and claims, for the period February 1, 2016 through January 31, 2017. (100% Third Party Reimbursement I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 53 APPROVE and AUTHORIZE the Risk Manager to execute a contract amendment with Essential Staffing, Inc., to allow for liability, loss control, training and Americans with Disabilities Act staffing for the period July 1, 2015 through June 30, 2016. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 54 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a purchase order with Downtown Ford in an amount not to exceed $130,000 for the purchase of a new Ford F550 Super Cab Diesel Cone Truck for use by Public Works Road Maintenance, Countywide. (100% Local Road Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT)    February 9, 2016 Official Minutes 12 C. 55 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a purchase order with Coast Counties Truck and Equipment in an amount not to exceed $710,000 for the purchase of one 2016 Peterbilt 365 Model 3 Axle Dump Truck and two 2016 Peterbilt 365 Model Transfer Truck and Trailers for use by Flood Control and Water Conservation District, Countywide. (27% Flood Control Funds and 73% Local Road Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 56 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Park Engineering, Inc., effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000, to continue providing “on-call” project management services, Countywide. (100% Federal, State, Local, and/or General Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 57 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Swinerton Builders, effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000, to continue providing “on-call” project management services, Countywide. (100% Federal, State, Local, and/or General Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Daniel May, M.D., in an amount not to exceed $232,960 to provide outpatient psychiatric services in West County, for the period May 1, 2016 through April 30, 2017. (100% Mental Health Realignment)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Surgical Specialists Services, LLC, in an amount not to exceed $300,000 to provide ambulatory surgery center services for Contra Costa Health Plan members for the period March 1, 2016 through February 28, 2018. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to terminate contract #27-590-6 as requested by the Contra Costa Cardiology Medical Group, for the provision of cardiology services for Contra Costa Health Plan members, effective at the close of business on December 7, 2015.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) February 9, 2016 Official Minutes 13 C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with H K Facial Plastic Surgery, Inc., in an amount not to exceed $140,000 to provide plastic and reconstructive surgery services to Contra Costa Health Plan (CCHP) members, for the period March 1, 2016 through February 28, 2018. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a Memorandum of Understanding with the California Department of State Hospitals, including mutual indemnification, in an amount not to exceed $9,357,140 for the purchase and use of state hospital beds for the period July 1, 2014 through June 30, 2016. (100% by Mental Health Realignment)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 63 APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute a contract amendment with Maximus, effective February 15, 2016, to add additional early intervention services, with no change to the contract payment limit or contract term. (Federal 66%, State 34%)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Peyman Keyashian, M.D., in an amount not to exceed $505,000 to continue to provide anesthesiology services at Contra Costa Regional Medical and Health Centers, for the period February 1, 2016 through January 31, 2017. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Community Health for Asian Americans in an amount not to exceed $683,070 to provide mental health services, wraparound services, and outpatient treatment to children in Contra Costa County for the period from January 1, 2016 through June 30, 2016, with a six-month automatic extension through December 31, 2016 in an amount not to exceed $683,070. (48% Federal Financial Participation, 48% Mental Health Realignment; 4% Non-Medi-Cal Realignment)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 66 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Napanet Internet Services, Inc., effective January 21, 2016, to extend the term from January 21, 2016 to January 20, 2017 and increase the payment limit by $5,000 to a new payment limit of $30,000, to continue providing internet services for web page support. (100% General Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover February 9, 2016 Official Minutes 14 Other: District I Supervisor John Gioia (ABSENT) C. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with BAART Behavioral Health Services, Inc., effective December 1, 2015, to increase the payment limit by $33,410 to a new payment limit of $105,033 to provide additional methadone maintenance services for medically stable inmates at Martinez and Richmond Detention Facilities, with no change in the original term of July 1, 2014 through June 30, 2016. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 68 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with KCI USA, Inc., in an amount not to exceed $300,000 for canisters, dress drapes, and other medical supplies for the Contra Costa Regional Medical and Health Centers for the period April 1, 2016 through March 31, 2018. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 69 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Depuy Synthes Sales, Inc., in the amount of $450,000 for instruments, implants and supplies at the Contra Costa Regional Medical and Health Centers, for the period April 1, 2016 through March 31, 2020. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Shelter, Inc. of Contra Costa County, in an amount not to exceed $268,724 to provide support services to County residents in the Supportive Housing Program, for the period December 1, 2015 through November 30, 2016. (100% Federal funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Corodata Records Management, Inc., in an amount not to exceed $1,000,000 to provide off-site storage, retrieval, destruction and management services of documents and records for Contra Costa Regional Medical Center and other Health Services Departments, for the period November 1, 2015 thorough October 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Schramm Health Partners, LLC, in an amount not to exceed $210,000 to provide actuarial consulting services for the Contra Costa Health Plan, for the period April 1, 2016 through March 31, 2018. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IVFebruary 9, 2016 Official Minutes 15  AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nordic Consulting Partners, Inc., in an amount not to exceed $700,000 to provide consultation and technical assistance with regard to the Department’s Information Systems Unit in support of CCLink, for the period January 1, 2016 through June 30, 2018. (100% Hospital Enterprise Fund I)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pathways to Wellness Medication Clinic in an amount not to exceed $1,198,486 to provide children’s and adult mental health services in Central County, for the period January 1 through December 31, 2016. (50% Federal Financial Participation; 50% County Realignment)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 75 APPROVE AND AUTHORIZE the Auditor-Controller, or his designee, to pay $550 to Garda CL West, Inc. for the provision of armored transport services rendered at Contra Costa County Health Services Department during the period January 1, 2016 through January 31, 2016. (100% Hospital Enterprise Fund I)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Community Options for Families and Youth, Inc., in an amount not to exceed $2,551,176 to provide therapeutic behavioral services, multsystemic therapy and functional family therapy 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 $1,275,588. (43% Federal Early and Periodic Screening, Diagnosis and Treatment; 22% County Realignment; 25% Mental Health Services Act; 10% Probation Mentally Ill Offenders Crime Reduction Grant)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with LTP CarePro, Inc. (dba Pleasant Hill Manor), in an amount not to exceed $372,000 to provide augmented board and care services for County-referred mentally disordered clients, for the period February 1, 2016 through January 31, 2017. (76% Mental Health Realignment funds; 24% Mental Health Services Administration Housing funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract    February 9, 2016 Official Minutes 16 C. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Bi-Bett, effective January 1, 2016, to increase the payment limit by $263,259 to a new payment limit of $2,724,447 to provide additional substance abuse treatment services and program enhancements, with no change in the original term of July 1, 2015 through June 30, 2016. (75% Substance Abuse Treatment and Prevention Block Grant; 7% California Work Opportunities and Responsibilities to Kids; 13% Assembly Bill 109; 5% Behavioral Health Reentry Court)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 79 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anka Behavioral Health Services, Inc., in an amount not to exceed $1,581,242 to provide community services, support programs, and residential mental health services for the period January 1 through June 30, 2016, with a six-month automatic extension through December 31, 2016 in an amount not to exceed $1,581,242. (58% Mental Health Realignment; 42% Medi-Cal and Federal Financial Participation)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 80 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Anchor Engineering, Inc., effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000 to continue providing “on-call” project management services, Countywide. (100% Federal, State, Local, and/or General Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 81 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Kitchell/CEM, Inc., effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000 to continue providing “on-call” project management services, Countywide. (100% Federal, State, Local, and/or General Funds)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 82 APPROVE and AUTHORIZE the Purchasing Agent or designee, to execute, on behalf of the Chief Information Officer (Department of Information Technology), purchase orders with AT&T, Anritsu Co, Computerland of Silicon Valley, SSP Data, and a third-party lease agreement with IBM Global Finance in an aggregate amount not to exceed $1,678,000, for the purchase of hardware and software required to maintain the County's wide area network, VoIP (Voice Over Internet Protocol), and regional communication systems, for the period April 1, 2016 through March 31, 2021, Countywide. (100% Department User Fees)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 83 APPROVE and AUTHORIZE the Chief Information Officer (Department of Information    February 9, 2016 Official Minutes 17 C. 83 APPROVE and AUTHORIZE the Chief Information Officer (Department of Information Technology), or designee, to execute a contract amendment with CherryRoad Technologies, Inc., effective February , 2016, to increase the payment limit by $307,420 to a new payment limit of $6,459,730 for the contractor to provide additional resources to assist the County with the upgrade of PeopleSoft HCM version 8.8 to version 9.2. (100% PeopleSoft Project budget)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 84 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Forensic Medical Group to add payment provisions related to transcription services and specialized diagnostic services, with no change to the existing payment limit or the original contract term of July 1, 2014 through June 30, 2019. (No additional fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 85 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Waxie Sanitary Supply in an amount not to exceed $180,000 to procure miscellaneous janitorial supplies as needed within the County's detention facilities, for the period January 1, 2016 through December 31, 2017. (100% General Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 86 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Bob Barker Company in an amount not to exceed $530,000 to procure miscellaneous products specific to correctional facilities as needed within the County's detention facilities, for the period January 1, 2016 through December 31, 2017. (100% General Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 87 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with R-Computer, to increase the payment limit by $100,000 to a new payment limit of $450,000 to provide computer hardware, peripherals, cameras, Global Positioning System units and other computer-related equipment and supplies, as needed, for the period July 1, 2014 through June 30, 2016. (100% General Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 88 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Allen Packaging Company in the amount of $125,000 to provide three-compartment trays for Seal-a-Meal food to be used at the West County, Martinez, and Marsh Creek Detention Facilities for the period January 1 through December 31, 2016 (100% General Fund)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover February 9, 2016 Official Minutes 18 Other: District I Supervisor John Gioia (ABSENT) Other Actions   C. 89 REFER to the Finance Committee the request of $900,000 for FY 2016-17 from the County General Fund to cover the funding shortfall in the Wildcat/San Pablo Creeks Levee Remediation project in North Richmond, District 1. (100% General Fund)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 90 Acting as the Governing Board of Contra Costa County, the Contra Costa County Flood Control and Water Conservation District and the Contra CostaCounty Water Agency, APPROVE and AUTHORIZE the County Administrator, or designee, to execute a Master Agreement for Taxing Entity Compensation with the City of Pinole for the distribution of net unrestricted proceeds to be received by the City for the disposition of properties formerly owned by the Pinole Redevelopment Agency and remitted to the Auditor-Controller for distribution to certain taxing entities, as recommended by the County Administrator. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 91 ADOPT Resolution No. 2016/68 authorizing the amendments of Contra Costa County Variable Rate Multifamily Housing Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H issued to make a loan used to refinance the acquisition and construction of a multifamily rental housing project generally known as Mira Vista Hills Apartments (the “Project”), located at 2201 San Jose Drive in the City of Antioch, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 92 ADOPT Resolution No. 2016/59 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority in an amount not to exceed $41,500,000 to finance the acquisition and rehabilitation of Barrett Plaza located at 510 Barrett Avenue and Barrett Terrace located at 700 Barrett Avenue in the City of Richmond, and authorize other related actions, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 93 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use as recommended by the Public Works Director, Countywide. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid student    February 9, 2016 Official Minutes 19 C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid student training agreement with Samuel Merritt University, to provide supervised field instruction at Contra Costa Regional Medical Center and Health Centers, to nursing, physical therapist and occupational therapist students, for the period April 1, 2016 through March 31, 2018. (Non-financial agreement)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 95 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid student training agreement with Contra Costa Community College District, to provide supervised field instruction in the County’s Public Health Division, to nursing students, for the period of March 1, 2016 through February 28, 2019. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 96 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid student training agreement with San Francisco State University, to provide supervised field instruction in the County’s Public Health Division, to nursing students, for the period March 1, 2016 through February 28, 2019. (Non-financial agreement)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 97 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid student training agreement with the University of North Carolina at Chapel Hill, Gillings School of Global Public Health, to provide supervised field instruction at Contra Costa Regional Medical Center and Health Centers to dietitian students, for the period April 1, 2016 through March 31, 2017. (Non-financial agreement)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 98 AUTHORIZE the Conservation and Development Director, or designee, to extend the completion date from January 31, 2016 to June 30, 2016 of Phase I of the Muir Ridge Homes project that is being constructed in unincorporated Martinez by Habitat for Humanity East Bay/Silicon Valley using HOME Investment Partnership Act (HOME) funds borrowed from the County, and AUTHORIZE the Director, or designee, to consent to future modifications to the completion and repayment dates related to the Muir Ridge Homes project. (HOME Investment Partnership Act funds)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C. 99 APPROVE the revised Hazardous Materials Incident Notification Policy, as recommended by the Health Services Director and the Ad Hoc Committee on the Industrial Safety Ordinance and the Community Warning System.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover February 9, 2016 Official Minutes 20 Other: District I Supervisor John Gioia (ABSENT) C.100 ADOPT Resolution No. 2016/79 to eliminate alternate appointees to the standing committees of the Board of Supervisors, as recommended by the County Administrator. (No fiscal impact)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.101 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with the Contra Costa Local Agency Formation Commission indemnifying it from costs or liabilities related to its proceedings on the County's application for detachment of the Byron-Bethany Irrigation District from the Discovery Bay Community Services District. (Non-financial agreement)        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.102 AUTHORIZE County Counsel or her designee to execute on behalf of the County forms acknowledging potential conflicts of interest and consent to Goldfarb & Lipman representing the County in connection with (i) a loan of approximately $6 million of HOM, HOPWA, NSP1 and Summer Lake Trust funds for the development of Tabora Gardens, an affordable housing project in Antioch, and (ii) a loan of approximately $2 million of CDBG funds for the rehabilitation of an affordable housing development in Pinole. AUTHORIZE the County Counsel, or her designee, to consent to future potential conflicts of interest in situations when an attorney provides services to the County related to the development, renovation or refinancing of affordable housing projects and another party to the transaction is a former or existing client of the attorney.       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.103 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)       AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT) C.104 APPROVE and AUTHORIZE Contra Costa County to participate in the 2016 California State Fair; AUTHORIZE the Chair of the Board to sign the 2016 Counties Exhibits Entry Form; and DIRECT District III staff to coordinate the plan for participation and the booth construction, as recommended by Supervisor Piepho.        AYE: District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District I Supervisor John Gioia (ABSENT)   GENERAL INFORMATION February 9, 2016 Official Minutes 21 GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. 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 February 9, 2016 Official Minutes 22 month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Mary N. Piepho) meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee See above Finance Committee See above Hiring Outreach Oversight Committee See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee See above PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR 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 February 9, 2016 Official Minutes 23 CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services 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 February 9, 2016 Official Minutes 24 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative 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 9, 2016 Official Minutes 25 RECOMMENDATION(S): Presentation proclaiming February 2016 Eligibility Workers' Month. (Presenter: Kathy Gallagher) FISCAL IMPACT: None BACKGROUND: Contra Costa County Eligibility Workers are experts in the primary programs of CalFresh, CalWORKs, Medi-Cal, General Assistance, and Foster Care and work under tremendous pressure assisting needy families for benefits and services. Despite the pressures, County Eligibility Workers continue to process complex applications for CalFresh, CalWORKs, Welfare-to-Work, Medi-Cal, General Assistance, Foster Care, Adoption Assistance Program, and KinGAP in a timely manner. CONSEQUENCE OF NEGATIVE ACTION: Eligibility Workers will not receive Board of Supervisors recognition for their outstanding work. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: PR.2 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 9, 2016 Contra Costa County Subject:Presentation Proclaiming February 2016 Eligibility Workers' Month February 9, 2016 Official Minutes 26 RECOMMENDATION(S): ACCEPT the attached 2015 Annual Report from the Contra Costa County Flood Control and Water Conservation District (FC District) and; DIRECT the Chief Engineer, FC District, or designee, to implement the Action Plans in the report, with a follow-up report to this Board annually and; REFER the FC District’s efforts to develop sustainable funding for flood protection to the Transportation, Water and Infrastructure Committee. FISCAL IMPACT: Preparation of this report cost $15,000, which was funded by FC District Funds. Implementation of the recommended action plans and assessment studies over the next thirteen years will cost approximately $8,000,000 to be funded by FC District and Flood Control Zone Funds, with ongoing efforts to offset expenses with grant funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Tim Jensen, (925) 313-2390 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, CAO, Thomas Geiger, County Counsel's Office, Sharon Hymes-Offord, Risk Management, Betsy Burkhart, CCTV, Steve Kowalewski, Deputy Chief Engineer, Mike Carlson, Flood Control, Tim Jensen, Flood Control, Catherine Windham, Flood Control D.3 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:2015 Annual Report on CCC Flood Control and Water Conservation District, Countywide. Project No. 7505-6F8135 February 9, 2016 Official Minutes 27 BACKGROUND: On November 5, 2013, the FC District presented to the Board its first annual report on flood protection infrastructure in order to understand its history, condition, and future needs. On February 10, 2015, the “2014 Status of Flood Protection Infrastructure” updated the Board on the FC District’s accomplishments since the 2013 Annual Report. The attached 2015 Annual Report is provided to update the Board on the FC District’s accomplishments in 2015 as well as future challenges and next steps. In summary, our community outreach events were successful, our capital programs made progress, and our studies of aging infrastructure and unsustainable service levels continued to highlight some major concerns, primarily regarding lack of funding. Highlights of 2015 included sponsoring a week-long "Stay Out, Stay Alive" campaign at Walnut Creek Intermediate School, disseminating El Niño preparedness information to the community, developing new rainfall tracking tools for residents, hosting another successful Quadrennial Creek and Watershed Symposium, launching our Three Creeks Project in Brentwood, completing our pilot facilities assessment program, and receiving results from our first-ever professional public opinion survey. Most flood protection, drainage, and stormwater agencies statewide suffer from inadequate funding. Proposition 13 froze tax rates at low levels almost 40 years ago, and Proposition 218 has made it difficult to increase revenue for the past 20 years. The County has been working with the California State Association of Counties and the County Engineers Association of California on a Statewide Stormwater Funding Initiative to provide an alternative mechanism to fund flood protection, drainage, and stormwater services which is similar to what water and wastewater utility districts currently use. A proposed ballot measure was filed with the State Attorney General’s office in December with the hope that it will qualify for the November 2016 ballot. We recommend that the County continue to support the legislative effort to get this funding measure into place, as it will go a long way toward providing sustainable funding to meet the County's needs for regional flood protection, community drainage, and stormwater quality services. The FC District will continue implementation of the action plans outlined in the 2013 Annual Report. The key action for the next few years will be to focus on developing sustainable funding. Staff recommends the Board accept the attached 2015 Annual Report from the FC District, direct the Chief Engineer to continue with the Action Plans recommended in the Report, with a follow-up report to this Board annually, and refer the effort to develop sustainable funding for regional flood protection, community drainage, and stormwater quality services to the Transportation, Water and Infrastructure Committee. CONSEQUENCE OF NEGATIVE ACTION: The County’s funding issues regarding regional flood protection, community drainage, and stormwater quality services will not be adequately addressed, which will lead to lower levels of delivery of those services in the future. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS 2015 Annual Report--Draft February 9, 2016 Official Minutes 28 2015 Annual Report A Message From Julie In 2015 we continued efforts to better serve the residents of Contra Costa County by increasing outreach, making improvements to our facilities, and insuring that we are prepared for the El Nino influenced winter. Looking forward, we are continuing to work through our funding and regulatory challenges, and optimistic that a State-wide stormwater funding measure on the November 2016 ballot will move us into sustainable funding. We continue to fulfill our mission: To provide flood protection facilities, technical resources, information, and educational services while protecting environmental resources and reducing storm water pollutants for the residents of Contra Costa County. Increasing Maintenance Backlog > Maintenance Facilities Conditions Index Our maintenance backlog is increasing, thus the service level performance of our facilities continues to decline Increasing Permit Requirements > Streamlining Increasing permit requirements requires us to reduce service levels Lack of Funding > Statewide Stormwater Funding Initiative Changes to our limited funding are necessary to provide sustainable programs 2015 Progress on Action Plan We are making progress on our action plan items February 9, 2016 Official Minutes 29 Creek and Channel Safety Awareness Program Students at Walnut Creek Intermediate School helped us with a successful week-long Stay Out, Stay Alive campaign, which received positive media coverage. Winter Preparedness - El Niño Critical winter preparedness information went out to County residents via a new media and community outreach campaign in October. Rainfall tools and flood forecasting We created an interactive web page to share our rain and stream gauge information with the public, including mobile devices. Wildcat and San Pablo Creeks Levee Remediation Project The next phase of our Wildcat and San Pablo Creeks Levee Remediation Project to reduce flood risk in North Richmond was completed. Giving the Natives a Chance Community Planting Day Our third “Giving the Natives a Chance” community planting day was held in December, with over 40 volunteers. Vegetation Management 3-yr Study - IPM We completed a 3-year study of alternative vegetation management practices to compare with traditional herbicide use. 3 Creeks Project In July, we launched a $2 million habitat restoration and public access project on Marsh Creek in Brentwood with partner American Rivers. Facility Conditions Assessment Program Our pilot facility assessment program was concluded successfully, allowing us to embark on the full five-year program. Lower Walnut Creek Restoration Project We made significant progress on our Lower Walnut Creek Restoration Project outreach phase, helping us form a restoration vision. Lower Walnut Creek Corps Levee Safety - SWIF We investigated and responded to Corps of Engineers new levee safety requirements for Grayson Creek, Clayton Drain, and Walnut Creek. FCD Public Opinion Survey Our first ever public opinion survey assessed awareness of the District and services provided. Creek and Watershed Symposium The County’s 5th Quadrennial Creek and Watershed Symposium was put on by the District, resulting in over 300 attendees and lots of positive interaction. Summary of Accomplishments: February 9, 2016 Official Minutes 30 RECOMMENDATION(S): Accept the results of the decertification election of the LVN/Aide, General Services and Maintenance, and Health Services Units from Public Employees Union, Local One and acknowledge formal recognition of the Teamsters, Local 856, as the majority representative of the LVN/Aide Unit, General Services and Maintenance Unit, and Health Services Unit, as recommended by the Employee Relations Officer. FISCAL IMPACT: No fiscal impact. BACKGROUND: On October 2, 2015, a petition was filed by Teamsters, Local 856, to decertify Public Employees Union, Local One, as the majority representative of the LVN/Aide Unit. On October 8, 2015, a petition was filed by Teamsters, Local 856, to decertify Public Employees Union, Local One, as the majority representative of the General Services & Maintenance Unit. On October 19, 2015, a petition was filed by Teamsters, Local 856, to decertify Public Employees Union, Local One, as the majority representative of the Health Services Unit . APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lisa Lopez, Assistant Director of Human Resources D.4 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:LVN/AIDE UNIT, GS&M UNIT, AND HEALTH SERVICES UNIT DECERTIFICATION ELECTION RESULTS February 9, 2016 Official Minutes 31 BACKGROUND: (CONT'D) > Signatures were verified for all three (3) Units and the Labor Relations Unit requested State Mediation and Conciliation Service (SMCS) to serve as a neutral party to conduct the election in accordance with Section 34-12.012(c) and 34-12.018 of the Employer-Employee Relations Resolution (EERR). On February 4, 2016, a vote count was conducted by SMCS to determine which organization would represent the LVN/Aide Unit, General Services and Maintenance Unit, and Health Services Unit. The following are the results of the election: Licensed Vocational Nurse/Aide Unit General Services & Maintenance Unit Health Services Unit PEU, Local One 13 55 77 Teamsters, Local 856 219 293 388 No Organization 0 3 9 Total Number of Valid Ballots 232 351 474 Total Eligible Employees 323 499 693 SMCS certified the election results. More than fifty percent of eligible employees in the respective Units cast ballots in the election and a majority of the votes cast selected Teamsters, Local 856 as the new majority representative. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors is required to adopt the results of the decertification election by February 18, 2016 (14 days after the vote count). Should the Board of Supervisors fail to adopt the results, the County will be out of compliance with its Employer-Employee Relations Resolution (See 34-12.12(f)). ATTACHMENTS Results of Decertification Election LVN/Attendant Aide Bargaining Unit Results of Decertification Election General Services & Maintenance Bargaining Unit Results of Decertification Election Health Services Unit February 9, 2016 Official Minutes 32 February 9, 2016 Official Minutes 33 February 9, 2016 Official Minutes 34 February 9, 2016 Official Minutes 35 February 9, 2016 Official Minutes 36 February 9, 2016 Official Minutes 37 February 9, 2016 Official Minutes 38 February 9, 2016 Official Minutes 39 February 9, 2016 Official Minutes 40 February 9, 2016 Official Minutes 41 RECOMMENDATION(S): ADOPT Resolution No. 2016/80 approving the Memorandum of Understanding (MOU) between Contra Costa County and the Contra Costa County Defenders Association implementing negotiated wage agreements and other economic terms and conditions of employment, for the period of July 1, 2015 through June 30, 2018. FISCAL IMPACT: The estimated cost of the negotiated contract is $461,000 for FY 2015/16 ($395,000 from the partial year 5% wage increase ($99,000 of this is pension cost), $53,000 for healthcare, and $13,000 for deferred compensation); $1.2 million for FY 2016/17 ($546,000 from the previous 5% wage increase ($136,000 of this is pension cost), $491,000 from the second increase of 4.5% ($121,000 of this is pension cost), $121,000 for healthcare, and $19,000 for deferred compensation); and $1.7 million for FY 2017/18 ($1.0 million for the previous wage increases, $491,000 for the third increase of 4.5%, $138,000 for healthcare, and $19,000 from deferred compensation). The estimated cost of the three year contract is $3.3 million. BACKGROUND: The Contra Costa County Defenders Association began bargaining with Contra Costa County on or about May 8, 2015. A Tentative Agreement was reached between the County and the Costa County Defenders Association, which was ratified on January 28, 2016. The resulting Memorandum of Understanding is attached. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources, Ann Elliott, Employee Benefits Manager, Robin Lipetzky, Public Defender D.5 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Memorandum of Understanding with the Contra Costa County Defenders Association February 9, 2016 Official Minutes 42 BACKGROUND: (CONT'D) > In summary, the significant changes are: Duration of Agreement – Section 38.4 The term of the agreement is from July 1, 2015, through June 30, 2018. General Wages – Section 5.1 Effective October 1, 2015, the base pay for the classifications of Deputy Public Defender 1, II, III, IV will be increased by 5%. The classifications of Deputy Public Defender 1, II, III, IV began receiving the wage increase effective October 1, 2015 in compliance with a parity provision that links wages for these classes with those of the Deputy District Attorneys. Effective January 1, 2016, the base pay for the classifications of Deputy Public Defender-Special Assignment-Exempt, Public Defender Investigative Aide, Public Defender Investigator I, Public Defender Investigator II, and Senior Public Defender Investigative Aide will be increased by 5% Effective July 1, 2016, the salary of all classification represented by DDAA will be increased by 4.5% Effective July 1, 2017, the salary of all classification represented by DDAA will be increased by 4.5% Definitions Provide clarification that pays and benefits are not applicable to permanent intermittent and temporary employees unless otherwise indicated in the MOU. Withdrawal of Membership - Section 2.5 Removes the designated year of '2011' making the section effective every year. Overtime and Compensatory Time Off - Section 7 Provides that payment of overtime and compensatory time off is for authorized work performed in excess of forty hours per week; or in excess of eight hours per day. Work performed does not include non-worked hours. Employees must annually elect to accrue compensatory time off in lieu of overtime pay. Call Back Time - Section 8 Eligible employees will be paid one and one-half times his/her base rate of pay for the actual Call Back Time worked plus one hour with a two hour minimum. Days and Hours of Work/Holidays – Section 9 Eliminate "different work schedules" from definitions. Duration of Layoff & Reemployment Rights – Section 9.2.H Reduces the number of years granted for reemployment privileges from four to two years. Vacation Leave and Paid Personal Leave – Section 11 Vacation credits may be taken in one minute increments, reduced from one tenth hour. Sick Leave - Section 12 Sick leave may be taken in one minute increments, reduced from one tenth hour. Health, Life and Dental Care – Section 16 Inclusion of High Deductible Health Provider and Plan selected by the County. Limit access to CCHP Plan B, Kaiser Permanente Plan A, Health Net HMO Plan A, and Health Net PPO to employees hired before January 1, 2016. These plans are to be eliminated for all employees beginning January 1, 2018. The County will make available to employees represented by the Association any new medical or dental plans selected by the County to replace current plans not renewed. Notice will be provided regarding the effective date of any new medical or dental plans. The County will adjust its monthly premium subsidies to cover all increases for the 2016 plan year. Beginning January 1, 2017, any future increases in monthly premiums or plan premium penalties imposed by the medical plan, are to be shared evenly by the County and the Association. Beginning with the 2017 plan year, all employees will be in a 3-tier plan/rate structure. Provide employees eligible to receive an offer of coverage from the County under the Affordable Care Act, with access to the County's lowest cost, single individual health insurance plan as determined by the County at the full premium amount. Retirement – Section 23.2.C The Association is to support legislation amending the County Employees Retirement Law of 1937 February 9, 2016 Official Minutes 43 to clarify that the current Tier III disability provisions apply to employees who under PEPRA, become new members of CCCERA. Training and Professional Expense Reimbursement – Section 24.1 -24.3 The County will issue payment for California State Bar Dues and criminal specialization fees directly to the State Bar rather than as a reimbursement on an individual attorney basis. Incorporate prior side letter that provided specified attorneys are eligible for a law school loan reimbursement program. Computer Vision Care – Section 25 Replace references to “Video Display Terminal (VDT)” with “Computer Vision Care (CVC).” Increase the dollar value of CVC basic eye wear (single, bifocal, or trifocal frame) from ten dollars ($10) to fifty dollars ($50). Pay Warrant Errors - Section 27 A repayment schedule will be no longer than three (3) times the length of time the overpayment occurred. Deputy Public Defender Special Assignment-Exempt & Temporary Employees - Section 35 Limits Deputy Public Defender Special Assignment-Exempt and temporary employees' benefits to those set forth in these sections. Provides for medical plan subsidies for specified employees achieving twelve consecutive months of County employment in the classification of Deputy Public Defender Special Assignment-Exempt. Scope of Agreement – Section 38.1 The County and the Association agree that any past side letters or any other agreements not already incorporated into or attached to the MOU are deemed no longer effective. Deferred Compensation Incentive – Section 41.2 Increase the County’s deferred compensation monthly contribution from sixty dollars ($60) to eighty-five dollars ($85). Incorporate prior side letter that established a Deferred Compensation Plan Loan Program on June 26, 2012. CONSEQUENCE OF NEGATIVE ACTION: County employees would continue to work without a contract. AGENDA ATTACHMENTS MOU Public Defenders Resolution No. 2016/80 MINUTES ATTACHMENTS Signed Resolution 2016/80 February 9, 2016 Official Minutes 44 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY DEFENDERS’ ASSOCIATION JULY 1, 2015 – JUNE 30, 2018 February 9, 2016 Official Minutes 45 CONTRA COSTA COUNTY DEFENDERS’ ASSOCIATION TABLE OF CONTENTS SECTION 1 ASSOCIATION RECOGNITION ................................................ 4 SECTION 2 ASSOCIATION SECURITY 2.1 Dues Deduction .......................................................................... 4 2.2 Agency Shop .............................................................................. 4 2.3 Dues Form ................................................................................. 6 2.4 Maintenance of Membership ...................................................... 7 2.5 Withdrawal of Membership ......................................................... 7 2.6 Communicating With Employees ............................................... 7 2.7 Use of County Buildings ............................................................. 7 2.8 Advance Notice .......................................................................... 7 2.9 Written Statement for New Employees ...................................... 8 2.10 Assignment of Classes To Bargaining Units .............................. 8 SECTION 3 NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) .............................................. 8 SECTION 4 ASSOCIATION REPRESENTATIVES 4.1 Attendance at Meetings.............................................................. 9 4.2 Association-Sponsored Training Programs .............................. 10 SECTION 5 SALARIES 5.1 General Wages ........................................................................ 10 5.2 Entrance Salary ........................................................................ 11 5.3 Anniversary Dates .................................................................... 11 5.4 Increments Within Range ......................................................... 12 5.5 Part-Time Compensation ......................................................... 12 5.6 Compensation for Portion of Month .......................................... 12 5.7 Position Reclassification........................................................... 12 5.8 Salary Reallocation & Salary on Reallocation .......................... 13 5.9 Salary on Promotion ................................................................. 14 5.10 Salary on Involuntary Demotion ............................................... 14 5.11 Salary on Voluntary Demotion .................................................. 14 5.12 Pay for Work in Higher Classification ....................................... 14 5.13 Payment ................................................................................... 15 5.14 Discretionary Steps .................................................................. 16 5.15 Parallel Deputy Public Defender Compensation Adjustments .. 17 SECTION 6 DAYS AND HOURS OF WORK 6.1 Definitions ................................................................................ 17 6.2 Timestamp ............................................................................... 17 6.3 Accrual Usage .......................................................................... 18 6.4 Automated Time Keeping ......................................................... 18 February 9, 2016 Official Minutes 46 SECTION 7 OVERTIME AND COMPENSATORY TIME OFF 7.1 Application of Overtime and Compensatory Time Off ........................................................... 18 7.2 Overtime ................................................................................... 18 7.3 Compensatory Time ................................................................. 19 7.4 Straight Time Pay and Straight Time Compensatory Time ...... 20 SECTION 8 CALL BACK TIME ................................................................... 21 SECTION 9 WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT 9.1 Workforce Reduction ................................................................ 21 9.2 Separation Through Layoff ....................................................... 22 9.3 Notice ....................................................................................... 25 9.4 Special Employment Lists ........................................................ 25 9.5 Reassignment of Laid Off Employees ...................................... 26 SECTION 10 HOLIDAYS 10.1 Holidays Observed ................................................................... 26 10.2 Holiday is Not Worked and Falls on Scheduled Work Day .................................................. 27 10.3 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day .................................. 27 10.4 Permanent Intermittent Employees – Holiday is Worked ......... 28 SECTION 11 VACATION LEAVE AND PAID PERSONAL LEAVE 11.1 Vacation Allowance .................................................................. 28 11.2 Vacation Leave on Reemployment From a Layoff List ............. 28 11.3 Accrual Rates –Deputy Public Defenders ................................ 28 11.4 Vacation Accrual Rates – Investigator and Investigator Aide ... 29 11.5 Service Award Date Defined .................................................... 29 11.6 Accrual During Leave Without Pay ........................................... 30 11.7 Vacation Buy-Back ................................................................... 30 11.8 Vacation Allowance for Separated Employees ......................... 31 11.9 Vacation Preference ................................................................. 31 11.10 Annual Administrative Leave (Deputy Public Defenders) ......... 31 SECTION 12 SICK LEAVE 12.1 Purpose of Sick Leave ............................................................. 31 12.2 Credits to and Charges Against Sick Leave ............................. 31 12.3 Policies Governing the Use of Paid Sick Leave ....................... 32 12.4 Administration of Sick Leave .................................................... 34 12.5 Disability ................................................................................... 36 12.6 Workers’ Compensation ........................................................... 38 12.7 Long-Term Disability Insurance ................................................ 41 12.8 State Disability Insurance (SDI) ............................................... 41 12.9 Accrual During Leave Without Pay ........................................... 42 SECTION 13 CATASTROPHIC LEAVE BANK 13.1 Program Design ....................................................................... 43 13.2 Operation ................................................................................. 43 February 9, 2016 Official Minutes 47 SECTION 14 LEAVE OF ABSENCE 14.1 Leave Without Pay ................................................................... 44 14.2 General Administration – Leaves of Absences ......................... 44 14.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”) ... 45 14.4 Military Leave ........................................................................... 46 14.5 Family Care and Medical Leave (FMLA/CFRA) ....................... 46 14.6 Pregnancy Disability Leave/How Leave Is Counted ................. 46 14.7 Group Health Plan Coverage ................................................... 46 14.8 Leave Without Pay –Use of Accruals ....................................... 47 14.9 Leave of Absence Replacement and Reinstatement ............... 48 14.10 Reinstatement from Family Care/Medical Leave ...................... 48 14.11 Salary Review While on Leave of Absence .............................. 48 14.12 Unauthorized Absence ............................................................. 48 SECTION 15 JURY DUTY AND WITNESS DUTY 15.1 Jury Duty .................................................................................. 48 15.2 Witness Duty ............................................................................ 49 SECTION 16 HEALTH, LIFE & DENTAL CARE 16.1 Health Plan Coverage .............................................................. 50 16.2 Monthly Premium Subsidy ........................................................ 50 16.3 Retirement Coverage ............................................................... 51 16.4 Health Plan Coverages and Provisions .................................... 54 16.5 Family Member Eligibility Criteria ............................................. 54 16.6 Dual Coverage ......................................................................... 55 16.7 Medical Plan Cost-Sharing On and After January 1, 2016 ....... 56 16.8 Life Insurance Benefits ............................................................. 57 16.9 Supplemental Life Insurance .................................................... 57 16.10 Health Care Spending Account ................................................ 58 16.11 PERS Long-Term Care ............................................................ 58 16.12 Dependent Care Assistance Program ...................................... 58 16.13 Premium Conversion Plan ........................................................ 58 16.14 Prevailing Section .................................................................... 58 16.15 Rate Information ....................................................................... 58 16.16 Partial Month ............................................................................ 58 16.17 Coverage During Absences ..................................................... 59 16.18 Child Care ................................................................................ 59 16.19 Health Benefit Coverage for Employees Not Otherwise Covered ......................................... 59 SECTION 17 PROBATIONARY PERIOD 17.1 Duration .................................................................................... 59 17.2 Revised Probationary Period .................................................... 59 17.3 Criteria ...................................................................................... 60 17.4 Rejection During Probation/Appeal .......................................... 60 17.5 Regular Appointment ............................................................... 60 17.6 Layoff During Probation............................................................ 61 17.7 Rejection During Probation of Layoff Employee ....................... 61 February 9, 2016 Official Minutes 48 SECTION 18 PROMOTION 18.1 Competitive Exam .................................................................... 61 18.2 Promotion Policy ...................................................................... 62 18.3 Open Exam .............................................................................. 62 18.4 Promotion via Reclassification Without Examination ................ 62 18.5 Requirements for Promotional Standing................................... 62 18.6 Seniority Credits ....................................................................... 62 18.7 Release Time for Physical Examination ................................... 63 18.8 Release Time for Examinations ............................................... 63 SECTION 19 RESIGNATIONS 19.1 Resignation Procedure ............................................................. 63 19.2 Resignation in Good Standing .................................................. 63 19.3 Constructive Resignation ......................................................... 63 19.4 Effective Resignation................................................................ 63 19.5 Revocation ............................................................................... 64 19.6 Coerced Resignations .............................................................. 64 SECTION 20 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 20.1 Sufficient Cause for Action ....................................................... 64 20.2 Skelly Requirements ................................................................ 65 20.3 Employee Response ................................................................ 66 20.4 Leave Pending Employee Response ....................................... 66 20.5 Length of Suspension .............................................................. 66 20.6 Procedure on Dismissal, Suspension, Temporary Reduction In Pay, or Demotion ................................................................. 66 20.7 Employee Representation Rights ............................................. 67 SECTION 21 GRIEVANCE PROCEDURE 21.1 Definition and Procedural Steps ............................................... 67 21.2 Filing By The Association At Step 3 ......................................... 69 21.3 Time Limits ............................................................................... 69 21.4 Strike/Work Stoppage .............................................................. 69 SECTION 22 BILINGUAL PAY ..................................................................... 69 SECTION 23 RETIREMENT CONTRIBUTION 23.1 Contribution .............................................................................. 69 23.2 Retirement Benefits – EmployeesWho Become Members of CCCERA After December 31, 2012 ..................................... 70 SECTION 24 TRAINING AND PROFESSIONAL EXPENSE REIMBURSEMENT 24.1 Deputy Public Defender Professional Expenses ...................... 70 24.2 Public Defender Investigator Professional Expenses ............... 71 24.3 Deputy Public Defender Law School Student Loan Reimbursement Program ............................................... 71 February 9, 2016 Official Minutes 49 SECTION 25 COMPUTER VISION CARE (CVC) USERS EYE EXAMINATION ................................................... 73 SECTION 26 VEHICLE COSTS 26.1 Reimbursement for Use of Personal Vehicle ............................ 73 26.2 Charge for Use of Home Garaged County Vehicle .................. 73 26.3 Investigator Use of County Cars .............................................. 73 SECTION 27 PAY WARRANT ERRORS ...................................................... 73 SECTION 28 FLEXIBLE STAFFING ............................................................. 74 SECTION 29 PERSONNEL FILES ................................................................ 74 SECTION 30 SERVICE AWARDS ................................................................ 76 SECTION 31 REIMBURSEMENT FOR MEAL EXPENSE ..................................................................... 76 SECTION 32 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY ................................................... 77 SECTION 33 UNFAIR LABOR PRACTICE ................................................... 77 SECTION 34 PERMANENT PART-TIME EMPLOYEES 34.1 Benefits .................................................................................... 78 34.2 Hours........................................................................................ 78 SECTION 35 DEPUTY PUBLIC DEFENDER SPECIAL ASSIGNMENT-EXEMPT & TEMPORARY EMPLOYEES 35.1 Deputy Public Defender Special Assignment-Exempt (25W2) Employees .................................. 78 35.2 Temporary Employee Leave Benefits ...................................... 79 35.3 Temporary Employee Step Placement ..................................... 80 35.4 Deputy Public Defender Special Assignment-Exempt & Temporary Employee Grievances ............................................ 81 35.5 Union Dues .............................................................................. 81 SECTION 36 LUNCH PERIOD AND REST BREAKS................................... 82 SECTION 37 ADOPTION .............................................................................. 82 SECTION 38 SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS 38.1 Scope of Agreement ................................................................ 82 38.2 Severability of Provisions ......................................................... 82 38.3 Personnel Management Regulations ....................................... 82 38.4 Duration of Agreement ............................................................. 83 February 9, 2016 Official Minutes 50 SECTION 39 FAIR LABOR STANDARDS ACT PROVISIONS .................... 83 SECTION 40 SAFETY IN THE WORKPLACE .............................................. 83 SECTION 41 MISCELLANEOUS PROVISIONS 41.1 Professional Advisory Committee ............................................ 83 41.2 Deferred Compensation ........................................................... 84 ATTACHMENTS February 9, 2016 Official Minutes 51 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY DEFENDERS’ ASSOCIATION This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has been jointly prepared by the parties. The Chief of Labor Relations (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Association is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the term set forth herein. February 9, 2016 Official Minutes 52 DEFINITIONS A. Appointing Authority: Department Head unless otherwise provided by statute or ordinance. B. Association: The Contra Costa County Defenders Association. C. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. D. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. E. County: Contra Costa County. F. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. G. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. H. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given class. I. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his return. J. Employment List: A list of persons who have been found qualified for employment in a specific class. K. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. L. Permanent-Intermittent Position: Any position that requires the services of an incumbent for an indefinite period of time, but on an intermittent basis, as needed, paid on an hourly basis. Notwithstanding any other provision of this MOU, permanent-intermittent employees are entitled to an hourly wage and FLSA overtime, when applicable, but no other pays or employment benefits, February 9, 2016 Official Minutes 53 unless this MOU specifically references “Permanent Intermittent” employees for a pay or benefit. M. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period, but on a regularly scheduled less than full- time basis. N. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. O. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. P. Position: The assigned duties and responsibilities calling for the regular full- time, part-time or intermittent employment of a person. Q. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. R. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. S. Reemployment List: A list of persons who have occupied positions allocated to any class in the merit system and who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. T. Resignation: The voluntary termination of permanent employment with the County. U. Temporary Employment: Any employment in the Merit System that requires the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position and not in permanent status. Notwithstanding any other provision of this MOU, temporary employees are entitled to an hourly wage and FLSA overtime, when applicable, but no other pays or employment benefits, unless this MOU specifically references “Temporary” employees for a pay or benefit. February 9, 2016 Official Minutes 54 V. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 - ASSOCIATION RECOGNITION The Association is the formally recognized employee organization for the Public Defenders Representation Unit certified pursuant to Board of Supervisors’ Resolution 81/1165. SECTION 2 - ASSOCIATION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a majority representative may have dues deduction and as such the Association has the exclusive privilege of dues deduction or agency fee deduction for all employees in its units. 2.2 Agency Shop. A. The Association agrees that it has a duty to provide fair and non- discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Association. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Association and pay initiation fees, full dues and assessments or; 2. Pay to the Association, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Association to determine an agency shop fee which meets the above criteria; or 3. A person who objects to paying dues and assessments to the Association on religious grounds shall do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting February 9, 2016 Official Minutes 55 any public employee organization as a condition of employment; and b. Shall pay a sum equal to the full fees described in subsection 2.2 (Agency Shop) paragraph B sub-paragraph 1 above to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council, or Battered Women's Alternative. C. The Association shall provide the County with a copy of the Association's Hudson Notice for the determination and protest of its agency shop fees. The Association shall provide a copy of said Hudson Notice to every fee payer covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Association's Hudson Notice procedure within one month after actual receipt of the Hudson Notice shall be a waiver by the employee of his or her right to contest the amount of the agency shop fee. D. The provisions of subsection 2.2 (Agency Shop) paragraph B sub- paragraph 2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with duration of more than thirty (30) days. E. Annually, the Association shall provide the Director of Human Resources with copies of the financial report required under MMBA section 3502.5(f). Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. F. Compliance. 1. An employee employed in or hired into a job class represented by the Association shall be provided with an Employee Authorization for Payroll Deduction card by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Association dues, agency shop fee, initiation fee or charitable contribution required under subsection 2.2 (Agency Shop) paragraph B subparagraph 3 are not received, the Association may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, February 9, 2016 Official Minutes 56 in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Association. G. The Association shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Association security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Association. I. If employees in a bargaining unit represented by the Association vote to rescind agency shop, the provisions of Subsections 2.4 (Maintenance of Membership) and 2.5 (Withdrawal of Membership) shall apply to dues- paying members of the Association. 2.3 Dues Form. Employees in classifications represented by the Association shall, as a condition of employment, complete an Association dues authorization card provided by the Association and shall have deducted from their paychecks the membership dues of the Association. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Association. Such decision not to become a member of the Association must be made in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit within said thirty (30) day period. If the employee decides not to become a member of the Association, any Association dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Association. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Association. Each such dues authorization form referenced above shall include a statement that the Association and the County have entered into a MOU, that the employee is required to authorize payroll deductions of Association dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. February 9, 2016 Official Minutes 57 2.4 Maintenance of Membership. All employees in units represented by the Association who are currently paying dues to the Association and all employees in such units who hereafter become members of the Association shall as a condition of continued employment pay dues to the Association for the duration of this MOU and each year thereafter so long as the Association continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with subsection 2.5 (Withdrawal of Membership). 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between April 1 and April 30, any employee may withdraw from Association membership and discontinue paying dues as of the payroll period commencing June 1, discontinuance of dues payments to then be reflected in the July 10 paycheck. Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Association a list of the employees who have rescinded their authorization for dues deduction. This can only be accomplished if and when agency shop would be rescinded. 2.6 Communicating With Employees. Representatives of the Association, not on County time, shall be permitted to place employee literature at designated locations in County buildings if arranged through the Department Head or designated representative. 2.7 Use of County Buildings. The Association shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when: A. Such space is available. B. There is no additional material cost to the County. C. It does not interfere with normal County operations. D. Employees in attendance are not on duty and are not scheduled for duty. E. The meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Association shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Association shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions appointed by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or February 9, 2016 Official Minutes 58 the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions appointed by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Association, that the employee's classification is represented by the Association and the name of a representative of the Association. The County will provide the employee with a packet of information which has been supplied by the Association and approved by the County. The County shall provide an opportunity for the Association to make a fifteen (15) minute presentation at the end of the Human Resources Department’s new employee orientation meetings. 2.10 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: A. Initial Determination. When a new class title is established, the Chief of Labor Relations shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of his/her determination. B. Final Determination. His/her determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten (10) day period in subsection 2.1 (Assignment of Classes To Bargaining Units) paragraph B, unless otherwise mutually agreed. Thereafter, the procedures in cases of disagreement, arbitration referral and expenses, and criteria for determination shall conform to Board of Supervisor's Resolution 81/1165. SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) To the extent prohibited by applicable law the County shall not discriminate against an employee because of sex, race, creed, color, national origin, sexual orientation, age, disability or Association activities. The County and the Association recognize that the Employer has an obligation to reasonably accommodate a qualified employee with a disability. If the County February 9, 2016 Official Minutes 59 contemplates a reasonable accommodation to comply with the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA) and such accommodation would conflict with any provision of this Agreement, the County will notify the Association of the proposed accommodation. Upon request within ten (10) days following such notice, the Association may request that the County meet and confer with the Association on the impact of such accommodation. The Parties will meet within seven (7) days following the County’s receipt of such notice to meet and confer. If the County and the Association do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of the ADA or FEHA. SECTION 4 - ASSOCIATION REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as Association representatives shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. If their attendance is required by the County at a specific meeting, including meetings of the Board of Supervisors. B. If their attendance is sought by a hearing body or presentation of testimony or other reasons. D. If their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement of grievances filed pursuant to Section 21 (Grievance Procedure) of this MOU. E. If they are designated as an Association representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at reasonable times agreeable to all parties. F. If they are designated as spokesperson or representative of the Association and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required, including meetings of the Board of Supervisors and Retirement Board where items which are within the scope of representation and involving the Association are to be discussed. February 9, 2016 Official Minutes 60 G. Association representatives shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in Association business. All arrangements for release time shall include the location, the estimated time needed and the general nature of the Association business involved (e.g. grievance meeting, Skelly hearing). H. Official representatives of the Association shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Chief of Labor Relations or designee or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. 4.2 Association-Sponsored Training Programs. The County shall provide a maximum of twenty-four (24) hours per year of release time for Association designated representatives to attend Association-sponsored training programs. Requests for release time shall be provided in writing to the Department and the County Human Resources Department at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved within one (1) week of receipt. SECTION 5 - SALARIES 5.1 General Wages. 1.Effective October 1, 2015, the base rate of pay for the classifications of Deputy Public Defender I, II, III, IV will be increased by five percent (5%). 2.Effective January 1, 2016, the base rate of pay for the classifications of Deputy Public Defender-Special Assignment-Exempt, Public Defender Investigative Aide, Public Defender Investigator I, Public Defender Investigator II, and Senior Public Defender Investigative Aide will be increased by five percent (5%). 3.Effective July 1, 2016, the base rate of pay for all classifications represented by the CCCDA will be increased by four and one-half percent (4.5%). 4.Effective July 1, 2017, the base rate of pay for all classifications above represented by the CCCDA will be increased by four and one-half percent (4.5%). Longevity Pay. Permanent, full-time and permanent part-time employees at ten (10) years of County service shall receive a two and one-half percent (2.5%) longevity pay differential. Permanent, full-time employees at fifteen (15) years of February 9, 2016 Official Minutes 61 County service shall receive an additional two and one-half percent (2.5%) longevity pay differential. Permanent, full-time and permanent part-time employees who have completed twenty (20) years of Contra Costa County service will receive a two percent (2%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the twenty (20) year service award. For those employees who completed twenty (20) years of service on or before November 1, 2012, this longevity differential will be paid prospectively only from November 1, 2012. 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in advance or the Director of Human Resources (or designee) offers to meet and confer with the Association on a case by case basis each time prior to formalizing the appointment. 5.3 Anniversary Dates. Anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in subsection 5.3 (Anniversary Dates) Paragraph A (New Employees) above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. D. Transfer, Reallocation & Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemployment. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. F. Notwithstanding other provisions of this Section 5 (Salaries), the anniversary of an employee who is appointed to a classified position from February 9, 2016 Official Minutes 62 outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary date is one (1) year after the first calendar day of that month. 5.4 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in subsection 5.3 (Anniversary Dates) to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within range increment be granted at one time. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full-time monthly rate to which the employee would be entitled as a fulltime employee under the provisions of this Section 5 (Salaries), as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be February 9, 2016 Official Minutes 63 paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of subsection 5.9 (Salary on Promotion). 5.8 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. If a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in subsection 5.8 (Salary Reallocation & Salary on Reallocation) paragraph A, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. If the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. If an employee is in a position which is reallocated to a different class allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. If the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary. February 9, 2016 Official Minutes 64 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.12 (Pay for Work in a Higher Classification), shall receive the salary in the new salary range which is next higher than the rate received before promotion. If this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. Upon appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If, however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee’s current step, whichever is higher. 5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under subsection 5.11 (Salary on Voluntary Demotion), shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before demotion. If this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.12 Pay for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to subsection 5.9 (Salary on Promotion) of this Memorandum of Understanding, at the start of the second full day in the assignment, under the following conditions. Payment shall be made retroactive after completing the first forty (40) consecutive hours worked in the higher classification. A. When an employee is assigned to a program, service or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. February 9, 2016 Official Minutes 65 B. The nature of the departmental assignment is such that the employee in the lower classification performs a majority of the duties and responsibilities of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. D. The County shall make reasonable efforts to offer out of class assignments to all interested employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as a promotional procedure provided in this Memorandum of Understanding. E. Higher pay assignments shall not exceed six (6) months except through reauthorization. F. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within one hundred eighty days (180) no additional waiting period will be required. G. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential) accruing to the employee in his/her permanent position shall continue. H. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment shall remain unchanged. I. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.13 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less (at the option of the employee) of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive the advance shall be made on the prescribed form February 9, 2016 Official Minutes 66 (form M-208, revised 5/81) and submitted by the fifteenth (15th) of the month to the department payroll clerk who will forward the card with the Salary Advance Transmittal/Deviation Report to the Auditor-Controller (Payroll Section). Such an election would be effective in the month of the submission and would remain effective until revoked. In the case of an election made pursuant to this Section 5.13, (Payment), all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.14 Discretionary Steps. A. The Public Defender may grant a performance step(s) to incumbents in the class of Deputy Public Defender IV, subject to the following conditions: 1.Each performance step is equal to two and one-half percent (2½%) of the affected employee’s base salary rate in effect on December 31 preceding the effective date of the increase. 2.The Public Defender may award a maximum of two (2) merit steps to the same employee for the same calendar year. 3.The affected employee’s base salary rate must be at the top merit step of the salary range. 4.The award must be based on an annual evaluation of work performance. 5.The performance step(s) will be awarded effective January 1st of the applicable calendar year. 6.Each performance step shall remain in effect for twelve (12) months from the date performance pay is granted. The Public Defender may renew the step(s) award in increments of twelve (12) months at his or her discretion. 7.The Public Defender may rescind a performance step(s) effective the first of any month based on an evaluation of performance. B. The Public Defender shall provide to the Department staff by January 31st of each year the names of employees who have been awarded performance pay. C. Effective June 30, 2015, the Public Defender may grant a performance step(2) to employees in the classification of Deputy Public Defender III subject to the conditions described in Section 5.14A, above. February 9, 2016 Official Minutes 67 5.15 Parallel Deputy Public Defender Compensation Adjustments. A. Except as provided in subsection 5.1, General Wages, of this Section, the Parties agree that the base salary rates and ranges for the corresponding level(s) of the Public Defender classification series shall be subject to the same generally applicable base salary rate increases and decreases as are applied to the corresponding level(s) of the Deputy District Attorney classification series at the same time such increases or decreases are applied to that level. For example, if the Deputy District Attorney classification series is granted a two percent increase, the Deputy Public Defender classification series will receive a two percent increase. For purposes of this subsection, corresponding levels are: •Deputy Public Defender I, II and III corresponds to Deputy District Attorney Basic; •Deputy Public Defender IV corresponds to Deputy District Attorney Advanced. Nothing in this subsection shall be construed to prevent, truncate, or negate in any manner any term of the Parties’ Special Agreement concerning Agreed Upon Temporary Absences (“ATA”). B. Subsection 5.15, paragraph A does not apply to the Deputy Public Defender special assignment classification. C. If the County and Deputy District Attorneys Association hereafter enter into an MOU that includes any new benefits, deletes or modifies existing benefits, the same new benefit or deletion or modification of existing benefits shall simultaneously apply to the Deputy Public Defenders classification series. SECTION 6 - DAYS AND HOURS OF WORK 6.1. Definitions. A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. B. Workweek for Employees on Regular Work Schedules: For employees on a regular work schedule, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. 6.2 Timestamp: Each and every temporary and permanent intermittent employee (hereafter called “hourly employees”) must timestamp in and out as he/she begins his/her work shift/day, finishes his/her work shift/day, and takes meal breaks. February 9, 2016 Official Minutes 68 6.3 Accrual Usage: The use of leave accruals must be reported in one minute increments and may not be rounded. 6.4 Automated Time Keeping: The Association agrees to the implementation of an automated timekeeping system by the County. The Association waives its right to meet and confer regarding any impacts that result from the County’s implementation of the automated timekeeping system. The Association agrees to convert from the current monthly payroll procedures with an advance to a new payroll procedure to be determined. SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF 7.1 Application of Overtime and Compensatory Time Off. Overtime pay and compensatory time off provided in subsection 7.2, Overtime, subsection 7.3, Compensatory Time, and subsection 7.4, Straight Time Pay and Straight Time Compensatory Time, do not apply to employees in classifications in the Public Defender series or to other employees exempt from overtime under the Fair Labor Standards Act. 7.2 Overtime. A. Permanent full-time and part-time employees will be paid overtime pay or overtime compensatory time off for any authorized work performed: 1)in excess of forty (40) hours per week; or 2)in excess of eight (8) hours per day and that exceed the employee’s daily number of scheduled hours. For example, an employee who is scheduled to work ten (10) hours per day and who works eleven (11) hours on a particular day will be paid one (1) hour of overtime. Work performed does not include non-worked hours. Overtime pay is compensated at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and any other special differentials). Any special differentials that are applicable during overtime hours worked will be computed on the employee’s base rate of pay, not on the overtime rate of pay. Overtime for permanent employees is earned and credited in a minimum of one-tenth hour (6 minute) increments and is compensated by either pay or compensatory time off. B. Permanent Intermittent and temporary employees will be paid overtime pay for any authorized work performed in excess of forty (40) hours per week or in excess of eight (8) hours per day. Work performed does not include non-worked hours. Overtime pay is compensated at the rate of February 9, 2016 Official Minutes 69 one and one-half (1.5) times the employee’s hourly base rate of pay (not including shift or any other special differentials). Any special differentials that are applicable during overtime hours worked will be computed on the employee’s base hourly rate of pay, not on the overtime rate of pay. 7.3 Compensatory Time. The following provisions shall apply: A. Employees may annually elect to accrue overtime compensatory time off in lieu of overtime pay. Eligible employees who elect to receive compensatory time off must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify his/her departmental payroll staff of any change in the election by May 31 of each year. B. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the Department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one-half (1- 1/2) times the actual authorized overtime hours worked by the employee. D. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e., eighty [80] hours at time and one- half). Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in d above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. F. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section 7.3 (Compensatory Time). This provision may be waived at the discretion of the Department Head or his or her designee. G. W hen an employee promotes, demotes, or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. February 9, 2016 Official Minutes 70 H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in subsection 7.3 (Compensatory Time) paragraph I below. I. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked, they shall be paid their accrued hours of compensatory time at the straight time rate of pay whenever: 1.The employee changes status and is no longer eligible for compensatory time off. 2.The employee promotes, demotes or transfers to another department. 3.The employee separates from County service. 4.The employee retires. J. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section 7 (Overtime and Compensatory Time Off). 7.4 Straight Time Pay and Straight Time Compensatory Time. A. Permanent full-time and part-time employees are eligible to receive straight time pay or straight time compensatory time off for hours worked in excess of the employee’s daily number of scheduled hours that do not qualify for overtime pay as described in section 7.2, above. B. Straight time pay is calculated at the rate of one (1.0) times the employee’s base rate of pay (not including differentials or shift pays). C. Straight time compensatory time off is accrued at the rate of one (1.0) times the number of straight time hours worked as defined in 7.4.A. above. The election of compensatory time off for overtime hours in lieu of overtime pay means that the employee also elects to receive compensatory time off for straight time hours in lieu of straight time pay. An employee cannot elect to receive straight time compensatory time off for straight time hours if the employee does not also elect to receive compensatory time off for overtime hours, and vice versa. For employees who receive straight time compensatory time off in lieu of straight time February 9, 2016 Official Minutes 71 pay, except as otherwise set forth in this section 7.4, the rules for administration of compensatory time off described in section 7.3, above, apply to straight time compensatory time off. SECTION 8 - CALL BACK TIME Any Public Defender Investigator or Investigator Aide who is called back to duty will be paid for Call Back Time. Call Back Time occurs when an employee is not scheduled to work and is not on County premises, but is called back to work on County premises or for a County work assignment. An employee called back to work will be paid Call Back Time Pay at the rate of one and one-half (1.5) times his/her base rate of pay (not including differentials) for the actual Call Back Time worked plus one (1) hour. An employee called back to work will be paid a minimum of two (2) hours for each Call Back Time event. SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT 9.1 Workforce Reduction. If funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the Association and take the following actions: A. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. B. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. D. Consider employee requests to reduce their position hours from full-time to part-time to alleviate the impact of the potential layoffs. E. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). F. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team (TET) program to: 1.Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. February 9, 2016 Official Minutes 72 2.Determine if there are other positions to which employees may be transferred. 3.Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4.Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. G. W hen it appears to the Department Head and/or Chief of Labor Relations (or designee) that the Board of Supervisors may take action which will result in the layoff of employees in the Public Defender representation unit, the Chief of Labor Relations (or designee) shall notify the Association of the possibility of such layoffs and shall meet and confer with the Association regarding the implementation of the action. 9.2 Separation Through Layoff. A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in the department shall be based on inverse seniority in the class of positions, the employee in the department with least seniority being laid off first and so on. C. Layoff By Displacement. 1.In the Same Class. A laid off permanent full-time employee may displace an employee in the department having less seniority in the same class who occupies permanent part-time position, the least senior employee being displaced first. 2.In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. February 9, 2016 Official Minutes 73 1.Permanent part-time employees may displace only other permanent part-time employees with less seniority holding permanent positions of the same type respectively. 2.A permanent full-time employee may displace any part-time employee with less seniority. a)In the same class as provided in Section 9.2 (Separation Through Layoff) paragraph C sub-paragraph 1 (In the Same Class) or, b)In a class of the same or lower salary level as provided in Section 9.2 (Separation Through Layoff) paragraph C sub- paragraph 2 (In the Same Level or Lower Class), if no fulltime employee in a class at the same or lower salary level has less seniority than the displacing employees. 3.Former permanent full-time employees who have voluntarily become permanent part time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full-time employee seniority rights for layoff purposes only and may in a later layoff displace a full-time employee with less seniority as provided in these rules. E. Seniority. 1.An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in the other class which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the employee's layoff eligibility. February 9, 2016 Official Minutes 74 2.Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or as voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the Layoff List for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted because of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted, or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff & Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of two (2) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. February 9, 2016 Official Minutes 75 J. Removal of Names from Layoff Lists. The Director of Human Resources may remove the name of any eligible from a layoff list for any reason listed below: 1.For any cause stipulated in Section 404.1 (Causes for Disqualification) of the Personnel Management Regulations. 2.On evidence that the eligible cannot be located by postal authorities. 3.On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4.If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5.If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 6.If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 9.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 9.4 Special Employment Lists. The County will establish a T.E.T. employment pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). Employees in the T.E.T. employment pool shall be guaranteed a job interview for any vacant funded position for which they meet minimum qualifications. If there are more than five such employees who express an interest for one vacant funded position, the February 9, 2016 Official Minutes 76 five most senior employees shall be interviewed. Seniority for this subsection shall be County seniority. 9.5 Reassignment of Laid Off Employees. Employees who are displaced within the same classification from fulltime to part-time status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with the department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION 10 – HOLIDAYS 10.1 Holidays Observed. A. The County will observe the following holidays: January 1st, known as New Year's Day 3rd Monday in January known as Dr. M. L. King, Jr. Day 3rd Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day 4th Thursday in November, known as Thanksgiving The Friday after Thanksgiving December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. B. Personal Holiday Credit. Employees are entitled to accrue two (2) hours of personal holiday credit per month. This time is prorated for part-time employees. Preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday February 9, 2016 Official Minutes 77 credit. On separation from County service, employees are paid for any unused personal holiday credit hours at the employee’s then current pay rate, up to a maximum of forty (40) hours. 10.2 Holiday is Not Worked and Holiday Falls on Scheduled Work Day. A. Holidays Observed – Full-time Employees: Each full-time employee is entitled to observe a holiday (8 hours off work), without a reduction in pay, whenever a holiday is observed by the County. B. Holidays Observed – Part time Employees: When a holiday is observed by the County, each part time employee is entitled to observe the holiday in the same ratio as his/her number of position hours bears to forty (40) hours, multiplied by 8 (hours), without a reduction in pay. For example, a part time employee whose position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 multiplied by 8 = 4.8). Hereafter, the number of hours produced by this calculation will be referred to as the “Part Time employee’s holiday hours.” When the number of hours in a part time employee’s scheduled work day that falls on a holiday (“scheduled work hours”) is more than the employee’s “Part Time employee’s holiday hours,” the employee must use non-sick leave accruals for the difference between the employee’s “scheduled work hours” and the employee’s “Part Time employee’s holiday hours.” If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. 10.3 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day. A. Full-Time Employees: When a full-time employee works on a holiday that falls on the employee’s regularly scheduled work day, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive holiday pay or holiday compensation time at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked, up to a maximum of eight (8) hours. This provision is applicable only to employees in the following classifications: 6N75 - Public Defender Investigative Aide 6N7A - Public Defender Investigative Assistant 6NWA - Public Defender Investigator I 6NVA - Public Defender Investigator II 6NVB - Senior Public Defender Investigative Aide B. Part-Time Employees: When a part-time employee works on a holiday that falls on the employee’s scheduled work day, the part-time employee is entitled to receive his/her regular salary. The part-time employee is also entitled to receive holiday pay or holiday compensation time at the rate of February 9, 2016 Official Minutes 78 one (1.5) times his/her base rate of pay (not including differentials) for all hours worked on the holiday, up to a maximum of the amount of the “Part- time employee’s holiday hours.” This provision is applicable only to employees in the following classifications: 6N75 - Public Defender Investigative Aide 6N7A - Public Defender Investigative Assistant 6NWA - Public Defender Investigator I 6NVA - Public Defender Investigator II 6NVB - Senior Public Defender Investigative Aide 10.4 Permanent Intermittent Employees - Holiday is Worked. Permanent intermittent employees who work on a holiday are entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked on the holiday. SECTION 11 - VACATION LEAVE AND PAID P ERSONAL LEAVE 11.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.8 (Salary Reallocation and Salary Reallocation) of this MOU. Vacation credits may be taken in one minute increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 11.2 Vacation Leave on Reemployment From a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff who are employed from a layoff list, shall be considered as having completed six months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor- Controller's Payroll Unit in each case where such vacation is authorized so that appropriate payroll system override actions can be taken. 11.3 Accrual Rates - Deputy Public Defenders. The vacation schedule listed below shall be maintained for Deputy Public Defenders’ Grades I, II, III, IV. February 9, 2016 Official Minutes 79 Maximum Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10 2/3 256 12 years 11 1/3 272 13 years 12 288 14 years 12 2/3 304 15 - 19 years 13 1/3 320 20 - 24 years 16-2/3 400 25 - 29 years 20 480 30 years and up 23-1/3 560 11.4 Vacation Accrual Rates – Investigator and Investigator Aide. The rates at which vacation credits accrue for employees in the Public Defender Investigator and Public Defender Investigator Aide classifications, and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 11.5 Service Award Date Defined. An employee’s Service Award Date is the first day of his or her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. Example One: 1. An employee’s Service Award Date is January 1, 1988. 2. The employee reaches 20 years of service on January 1, 2008. 3. February 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4. The increased vacation hours will first appear on the employee’s March 10, 2008 pay warrant. Example Two: February 9, 2016 Official Minutes 80 1.An employee’s Service Award Date is February 24, 1987. 2.The employee reached 20 years of service on February 24, 2007. 3.March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66 hours of vacation time each month. 4.The increased vacation hours will first appear on the employee’s April 10, 2007 pay warrant. 11.6 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 11.7 Vacation Buy-Back. A. FOR EMPLOYEES HIRED BEFORE NOVEMBER 1, 2012: Deputy Public Defenders may choose reimbursement for up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: 1.The choice can be made only once in each calendar year. 2.Payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33. 3.The maximum number of hours that may be reimbursed in any one year is one-third (1/3) of the annual accrual. B. For Employees Hired On and After November 1, 2012: Employees promoted or hired by the County into any classification represented by the Contra Costa County Defenders Association on and after November 1, 2012, are not eligible for the Vacation Buy-Back benefit. However, any employee who was eligible for a Vacation Buy- Back benefit before promoting into a classification represented by the Contra Costa County Defenders Association will retain that benefit after promoting into a classification represented by the Contra Costa County Defenders Association. C. If a lump sum payment has been made in lieu of a retroactive general salary adjustment for a portion of the calendar year which is subsequent to exercise by an employee of the vacation buy-back provision herein, that employee's vacation buy-back shall be adjusted to reflect the percentage difference in base pay rates upon which the lump sum payment was computed provided that the period covered by the lump sum payment included the effective date of the vacation buy-back. February 9, 2016 Official Minutes 81 11.8 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 11.9 Vacation Preference. Use of vacation accruals is by mutual agreement between the employee and the supervisor and preference of vacation shall be given to employees according to their order of request as reasonably as possible unless otherwise provided in the supplemental sections of this Memorandum of Understanding. 11.10 Annual Administrative Leave (Deputy Public Defenders). Effective January 1, 2013, On January 1st of each year, permanent full-time employees in paid status and in the classes of Deputy Public Defender I, II, III, and IV will be credited with ninety-four (94) hours of paid annual administrative leave to recognize the unavailability of overtime pay for Deputy Public Defenders. Employees appointed after July 1st will be credited with forty seven (47) hours of paid annual administrative leave on the first succeeding January 1st and will be credited with ninety-four (94) hours annually thereafter. Permanent part-time employees in paid status in the classifications identified above will be credited with pro-rata administrative leave as described herein. Annual administrative leave must be used during the calendar year in which credited and may not be carried forward. Paid administrative leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service, there shall be no payoff for unused administrative leave credits. SECTION 12 - SICK LEAVE 12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 12.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one minute increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of layoff eligibility. Upon retirement, an employee's accumulated sick leave is converted to retirement on the basis of one day of retirement service credit for each day of accumulated sick leave credit. February 9, 2016 Official Minutes 82 12.3 Policies Governing the Use of Paid Sick Leave. A. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: 1. "Immediate Family" means and includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. 2. "Employee" means any person employed by Contra Costa County in an allocated position in the County service. 3. "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations and this Memorandum of Understanding. 4. "Condition/Reason". With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. B. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: 1. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. 2. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: February 9, 2016 Official Minutes 83 a. An application for retirement due to disability has been filed with the Retirement Board. b. Satisfactory medical evidence of such disability is received by the appointing authority within 30 days of the start of use of sick leave for permanent disability. c. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. 3. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. 4. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery there from, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: a. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. b. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. 5. Medical and Dental Appointments. An employee may use paid sick leave credits: a. For working time used in keeping medical and dental appointments for the employee's own care; and February 9, 2016 Official Minutes 84 b.For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. 6.Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. 7.Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee’s domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. 8.Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. 9.Accumulated paid sick leave credits may not be used in the following situations: a. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he/she is on vacation but the Public Defender may authorize it when extenuating circumstances exist and the appointing authority approves. b.Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 12.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. Unless otherwise provided in the supplemental sections of this MOU, the following procedures apply: A. Employee Responsibilities 1.Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2.Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. February 9, 2016 Official Minutes 85 3.Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointments. 4.Employees are encouraged to keep the department advised of (1) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. B. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1.Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under subsection 12.4 (Administration of Sick Leave) paragraph A. 2.Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3.Obtaining the employee's written statement of explanation regarding the sick leave claim. 4.Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5.In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these February 9, 2016 Official Minutes 86 policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Director of Human Resources or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 12.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee’s duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Director of Human Resources may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. February 9, 2016 Official Minutes 87 E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under subsection 12.5 (Disability) paragraphs (A) or (B), the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1.A statement of the leave of absence or suspension proposed. 2.The proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee. 3.A statement of the basis upon which the action is being taken. 4.A statement that the employee may review the materials upon which the action is taken. 5.A statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by mail, effective either upon personal delivery or deposit in the US Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1.The physical or mental health condition cited by the appointing authority does not exist, or February 9, 2016 Official Minutes 88 2.The physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator’s fees and expenses shall be paid one-half by the County and one-half by the employee or the employee’s Association. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. The scope of the arbitrator's review shall be as follows: 1.The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2.The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3.The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 12.6 Workers' Compensation. A. Benefit Level. A permanent employee shall continue to receive the appropriate percent of regular monthly salary for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers’ Compensation shall be decreased from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007, the percentage of pay for employees entitled to Workers’ Compensation shall be decreased from 86% to 80%. For all accepted claims filed with the County on or after January 1, 2008, the percentage of pay for employees entitled to Workers’ Compensation shall be decreased from 80% to 75%. If Workers’ Compensation becomes taxable, the February 9, 2016 Official Minutes 89 County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. B. Waiting Period. There is a three (3) calendar day waiting period before Workers' Compensation benefits commence. If the injured worker loses anytime on the day of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of injury, the waiting period will be the first three (3) calendar days the employee does not work because of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. C. Continuing Pay. A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. Payment of continuing pay and/or temporary disability compensation is made in accordance with Part 2, Article 3 of the Workers’ Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When any disability becomes medically permanent and stationary and/or reaches maximum medical improvement, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits. D. Termination of Continuing Pay. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers’ Compensation benefits as prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the County Administrator’s Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee February 9, 2016 Official Minutes 90 notifies his/her supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee becomes aware the appointment has been made. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. E. Extended Temporary Disability. If an injured employee remains eligible for temporary disability beyond one year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits (vacation charges to be approved by the department and the employee). If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. F. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation rehabilitation temporary disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive salary by integrating sick leave and/or vacation accruals with Workers' Compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. G. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. H. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W÷S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary For example: W = $960 per month Workers' Compensation S = $1667 per month salary 8 = 8 hours C = Hours to be charged to Sick Leave C = 8 [1 - ($960 ÷ $1,667)] C = 8 [1 - (.5758)] C = 8 (.4242) C = 3.39 3 hours chargeable to sick leave 5 hours chargeable to Workers' Compensation February 9, 2016 Official Minutes 91 12.7 Long-Term Disability Insurance. Deputy Public Defenders will be covered by a long-term disability insurance policy identical with that currently covering employees in the Deputy District Attorney class series. 12.8 State Disability Insurance (SDI). A. Applicability. This subsection 12.8, State Disability Insurance, applies only to Public Defender Investigators. B. General Provisions. Contra Costa County participates in the State Disability Insurance (SDI) program, subject to the rules and procedures established by the State of California. The County augments the SDI program with its SDI Integration Program. Changes to the State Disability Insurance program could affect the County’s SDI Integration Program. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Employees eligible for SDI benefits are required to apply for SDI benefits and to have those benefits integrated with the use of their sick leave accruals on the following basis: “Integration” means that employees are required to use their sick leave accruals to supplement the difference between the amount of the SDI payment and the employee’s base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off work, on disability, and receiving SDI, the employee’s County department will make appropriate integration adjustments, including retroactive adjustments, if necessary. Employees must inform their department of a disability in a timely manner in order for the department to make appropriate integration adjustments. SDI benefit payments will be sent directly to the employee by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the amount of the SDI payment and the employee’s base monthly salary, accruals other than sick leave may be used to supplement the difference between the amount of the SDI payment and the employee’s base monthly salary. These accruals may be used only to the extent that the total payment does not exceed the employee’s base monthly salary. C. Procedures. Employees with more than one and two tenths (1.2) hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have one and two tenths (1.2) hours or less of sick leave accruals at the beginning of the disability integration period, the Department will automatically use one tenth (1/10th) hours of sick leave per month for the duration of their SDI benefit. February 9, 2016 Official Minutes 92 When the SDI benefit is exhausted, integration terminates. The employee then may continue to use sick leave without integration and/or other accruals. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. Employees whose SDI claims are denied must present a copy of their claim denial to their Department. The Department will then authorize the use of unused sick leave and/or other accruals as appropriate. D. Method of Integration. For purposes of integration with the SDI program, all full-time employees’ schedules will be converted to eight (8) hour/five (5) day weekly work schedules. The formula for full time employees’ sick leave integration charges is as follows: L = [S-D ÷ S] x 8 S = Employee Base Monthly Salary H = Estimated Highest Quarter (3 mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar Days In Each Month D = Estimated Monthly SDI Benefit [D=(W ÷ 7) x C] L = Sick Leave Hours Charged Per Day Permanent part-time employees, permanent-intermittent employees, and full-time employees who are working a light/limited duty reduced schedule, will have their sick leave integration adjusted accordingly. E. Definition. “Base Monthly Salary”, for purposes of the SDI integration program, is defined as the salary amount of the employee’s step on the salary schedule of the employee’s classification at the time of integration. F. No Buy-Back. Employees will not be allowed to buy back sick leave hours used by the employee while on SDI. 12.9 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. February 9, 2016 Official Minutes 93 SECTION 13 - CATASTROPHIC LEAVE BANK 13.1 Program Design. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation or personal holiday credit be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 13.2 Operation. A. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are nonspecific. Consideration of all requests by the committee will be on an anonymous requester basis. B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donation from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will February 9, 2016 Official Minutes 94 be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. C. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. D. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor’s account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 14 - LEAVE OF ABSENCE 14.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 14.2 General Administration - Leaves of Absence. A. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. Leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. Pregnancy. 3. Parental. February 9, 2016 Official Minutes 95 4.To take a course of study such as will increase the employee's usefulness on return to the position. 5.For other reasons or circumstances acceptable to the appointing authority. B. An employee must request a leave of absence without pay at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the Public Defender within five (5) days of learning of the event by which the need for the leave of absence arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. E. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, or serious health condition, the decision of the appointing authority on granting or denying a leave or early return from leave shall be subject to appeal to the Director of Human Resources and not subject to appeal through the grievance procedure set forth in this MOU. 14.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”). Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with subsection 5.6 (Compensation for Portion of Month) of this MOU. Full-time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation, sick leave, floating holiday and other accrual credits for employees taking furlough time, this provision shall supersede subsections 10.1 (Holidays Observed), 11.1 (Vacation Allowance), 11.4 (Accrual During Leave Without Pay), 12.2 (Credits to and Charges Against Sick Leave), and 12.7 (Accrual During Leave Without Pay) of this MOU regarding the computation of vacation, sick leave, floating holiday, and other accrual February 9, 2016 Official Minutes 96 credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. The existing V.T.O. program shall be continued for the life of the contract. 14.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency shall be granted a leave of absence in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, because of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 14.5 Family Care and Medical Leave (FMLA/CFRA). Upon request to the Public Defender, any eligible employee shall be entitled to twelve (12) weeks leave (less if so requested by the employee) in any twelve (12) month period for any of the reasons set forth in the federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). The twelve (12) month period in which the twelve week leave entitlement occurs is a “rolling” twelve (12) month period measured backward from the date an employee uses any FMLA/CFRA leave. Under the “rolling” twelve (12) month period, each time an employee takes FMLA/CFRA leave, the remaining leave entitlement would be any balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months. FMLA/CFRA leave eligibility and use will be administered in accordance with the FMLA and CFRA and their implementing regulations, as revised from time to time. 14.6 Pregnancy Disability Leave/How Leave Is Counted. Insofar as pregnancy disability leave is used under subsection 12.3, paragraph B, sub- paragraph 4 (Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the twelve (12) week family care leave period. 14.7 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment February 9, 2016 Official Minutes 97 in pay status as described in subsection 14.8 (Leave Without Pay – Use of Accruals). During the twelve (12) weeks of an approved family medical leave under subsection 14.5 (Family Care And Medical Leave) above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under subsection 14.8 (Leave Without Pay – Use of Accruals). In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 14.8 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under subsection 12.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by Long Term Disability (“LTD”) Benefit Coordination (for employees in the Public Defender series) or by Sick Leave Integration or as provided in the sections below. B. California Family Rights Act (CFRA) and Federal Medical Leave Act (FMLA). During the twelve (12) weeks of an approved family medical leave (FMLA/CFRA), if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under subsection 12.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection 14.8, paragraph A (All Leaves of Absence) above. C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in subsection 14.8 (All Leaves of Absence) paragraph B herein during the twelve (12) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the twelve (12) week entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection 14.8 paragraph A (All Leaves of Absence) herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under subsection 12.3 (Policies Governing the Use of Paid Sick leave). February 9, 2016 Official Minutes 98 14.9 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service due to the reinstatement of a permanent employee, the provisions of Section 10 (Workforce Reduction/Layoff/Reassignment) shall apply. 14.10 Reinstatement From Family Care/Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full-time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 14.11 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 14.12 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. SECTION 15 - JURY DUTY AND WITNESS DUTY 15.1 Jury Duty. A. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. B. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. C. If summoned for jury duty in a Superior or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they February 9, 2016 Official Minutes 99 may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. D. When an employee is summoned for jury duty selection or is selected as a juror in a Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: 1.If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. An "Absence/Overtime Record" (“AOR”) is not required. 2.An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. A court certificate is not required but an Absence/Overtime Record (“AOR”) must be submitted to the department payroll clerk. E. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. F. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. G. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. 15.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in subsection 15.1 (Jury Duty) of this MOU. February 9, 2016 Official Minutes 100 Employees shall advise their department as soon as possible if scheduled to appear for witness duty. SECTION 16 - HEALTH, LIFE & DENTAL CARE 16.1 Health Plan Coverage. The County will provide the medical and dental coverage for permanent employees regularly scheduled to work twenty (20) or more hours per week and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: 1.Contra Costa Health Plans (CCHP) 2.Kaiser Permanente Health Plan 3.Health Net 4.Delta Dental 5.DeltaCare (PMI) Medical Plans: All employees will have access to the following medical plans: 1.CCHP Plan A 2.Kaiser Permanente Plan B 3.Health Net HMO Plan B 4.Health Net PPO Plan A 5.Kaiser High Deductible Health Plan The following additional medical plans will be available only to employees hired before January 1, 2016, and will be eliminated for all employees beginning January 1, 2018: 1.CCHP Plan B 2.Kaiser Permanente Plan A 3.Health Net HMO Plan A 4.Health Net PPO - all plans 16.2 Monthly Premium Subsidy: A. The monthly premium subsidy in effect on January 1, 2015, for each medical and/or dental plan, is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: February 9, 2016 Official Minutes 101 Health & Dental Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90 Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79 Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84 Health Net HMO Plans $627.79 $1,540.02 $1,540.02 Health Net PPO Plans $604.60 $1,436.25 $1,436.25 County Selected High Deductible Health Plan $478.91 $1,115.84 $1,115.84 Delta Dental with CCHP A or B $41.17 $93.00 $93.00 Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77 Delta Dental without a Health Plan $43.35 $97.81 $97.81 DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91 DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05 DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03 B. If the County contracts with a medical or dental plan that is not listed above the County will determine the monthly dollar premium subsidy that it will pay to that medical or dental plan provider for employees and their eligible family members. C. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any medical or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. D. In the event that a provider no longer offers to the County a medical or dental plan listed in this Section 16 or a provider and the County do not renew a medical or dental plan listed in this Section 16, the Association agrees that the new medical or dental plans selected by the County to replace the current plans will be available to employees represented by the Association and the Association agrees that the new plans will replace the medical or dental plans provided for in this MOU. The County will give notice to the Association when any new medical or dental plans are adopted and when they will be effective for employees represented by the Association. 16.3 Retirement Coverage: A. Upon Retirement: 1.Upon retirement and for the term of this agreement, eligible employees and their eligible family members may remain in their County health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous February 9, 2016 Official Minutes 102 coverage during the leave period. The County will pay the health/dental plan monthly premium subsidies for eligible retirees and their eligible family members set forth in subsection 16.2 - Monthly Premium Subsidy. 2.Any person who becomes age 65 on or after March 1, 2011, and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3.For employees hired on or after March 1, 2011, and their eligible family members, no monthly premium subsidy will be paid by the County for any health or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health and/or dental plan provided that (i) he or she begins to receive a monthly retirement allowance from CCCERA within one hundred twenty (120) days of separation from County employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any County premium subsidy. B. Employees Who File For Deferred Retirement. Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and dental plan under the following conditions and limitations. 1.Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2.Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: a.be qualified for a deferred retirement under the 1937 Retirement Act provisions; b.be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; c.be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and February 9, 2016 Official Minutes 103 d.file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. 4.Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to the Contra Costa County Auditor-Controller. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage pursuant to Subsection 16.3 (Retirement Coverage) paragraph A as similarly situated retirees who did not defer retirement. 5.Deferred retirees may elect retiree health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to Subsection 16.3 (Retirement Coverage) paragraph A as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6.Employees who elect deferred retirement will not be eligible in any event for County health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7.Deferred retirees and their eligible family members are required to meet the same eligibility provisions for health/dental coverage as similarly situated retirees who did not defer retirement. C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: All employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsection 16.3 (Retirement Coverage) paragraphs (A) and (B), above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one (1) year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Agreement. D. Subject to the provisions of subsection 16.3 (Retirement Coverage) paragraphs A, B, and C and upon retirement and for the term of this agreement, the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and dental February 9, 2016 Official Minutes 104 plans or are eligible to retain continuous coverage of such plans: each employee who retires from a position or classification that was represented by this bargaining unit at the time of his or her retirement. E. For purposes of this subsection 16.3 (Retirement Coverage) only, ‘eligible family members’ does not include Survivors of employees or retirees. 16.4 Health Plan Coverages and Provisions. The following provisions are applicable regarding County Health and Dental Plan participation: A. Health, Dental and Life Participation by Other Employees: Permanent part-time employees working nineteen (19) hours per week or less may participate in the County Health or Dental plans (with the associated life insurance benefit) at the employee’s full expense. B. Coverage Upon Separation: An employee who separates from County employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from County employment may continue group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. 16.5 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical or dental plan Subscriber: A. Health Insurance 1.Eligible Dependents: a.Employee’s legal spouse b.Employee’s qualified domestic partner c.Employee’s child to age 26 d.Employee’s Disabled Child who is: (1) over age 26, i.Unmarried; and, ii.Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2.“Employee’s child” includes natural child, step-child, child of a qualified domestic partner, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. February 9, 2016 Official Minutes 105 B. Dental Insurance 1.Eligible Dependents: a.Employee’s legal spouse b.Employee’s qualified domestic partner c.Employee’s unmarried child who is: (1) Under age 19; or (2) Age 19, or above, but under age 24; and, i.Resides with the Employee for more than 50% of the year excluding time living at school; and, ii.Receives at least 50% of support from Employee; and, iii.Is enrolled and attends school on a full-time basis, as defined by the school. d.Employee’s disabled child who is: (1) Over age 19, i.Unmarried; and, ii.Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2.“Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 16.6 Dual Coverage. A. Each employee and retiree may be covered by only a single County health (or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. B. All dependents, as defined in Section 16.5, (Family Member Eligibility Criteria), may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are County employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. C. For purposes of this subsection 16.7 (Dual Coverage) only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including, but not limited to, the Contra Costa County Fire Protection District. February 9, 2016 Official Minutes 106 16.7 A. Medical Plan Cost-Sharing on and after January 1, 2016. For Employees in the Classifications of Deputy Public Defender I, II, III, or IV: For the plan year that begins on January 1, 2016, the County will pay the monthly premium subsidy for medical plans stated in subsection 16.2.A., and adjust the amounts paid by the County so that the employee cost for the 2016 plan year does not increase and in recognition of the increases to the Employee Plus Two or More Dependents medical premiums caused by the shift to a three-tier structure. In total, the County will pay the following amounts for the 2016 plan year: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89 Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03 Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79 Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40 Health Net HMO Plan A $669.34 $1,131.34 $2,280.09 Health Net HMO Plan B $662.01 $1,280.20 $2,060.75 Health Net PPO Plan A $727.94 $1,112.03 $2,755.43 Health Net PPO Plan B $715.64 $1,144.40 $2,623.86 County Selected High Deductible Health Plan $447.04 $916.72 $1,387.40 B. For Employees in the Classifications of Public Defender Investigative Aide, Public Defender Investigative Assistant, Public Defender Investigator I and II, and Sr. Public Defender Investigative Aide: 1.The two-tier plan structure in effect for the 2015 plan year will continue for the 2016 plan year for these employees in these classifications. 2.For the plan year that begins on January 1, 2016, the County will pay the monthly premium subsidy for medical plans stated in subsection 16.2.A. for two-tier plan structure, and adjust the amounts paid by the County to offset a portion of the employee cost for the 2016 plan year. In total the County will pay the following amounts for the 2016 plan year: Medical Plans Employee Employee+1 or More Dependents Contra Costa Health Plans (CCHP), Plan A $582.54 $1,363.03 Contra Costa Health Plans (CCHP), Plan B $607.05 $1,417.65 Kaiser Permanente Health Plan A $505.01 $1,152.73 Kaiser Permanente Health Plan B $515.99 $1,178.31 Health Net HMO Plan A $754.88 $1,826.34 Health Net HMO Plan B $721.49 $1,744.46 Health Net PPO Plan A $784.06 $1,436.25 Health Net PPO Plan B $784.06 $1,436.25 County Selected High Deductible Health Plan $447.04 $916.72 February 9, 2016 Official Minutes 107 3.For the plan year that begins on January 1, 2017, the County will pay the monthly premium subsidy for medical plans as set forth in 16.7.A. and 16.7.C. with a three-tier structure. C. For the plan year that begins on January 1, 2017, and for the term of this agreement, if there is an increase in the monthly premium, including any plan premium penalty, charged by a medical plan, the County and the employee will each pay fifty percent (50%) of the monthly increase that is above the amount of the 2016 plan premium. The fifty percent (50%) share of the monthly medical plan increase paid by the County is in addition to the amounts paid by the County in subsection 16.7.A. for medical plans. If the monthly premium charged for a Kaiser Permanente Plan B tier is less than the amount paid by the County pursuant to subsection 16.7.A. for that tier, then the difference (100% of the savings) will be divided equally among the other Kaiser Permanente Plan B tiers. The savings amount will be added to the medical plan premium cost- sharing increase amounts paid by the County in a plan year. D. 2016 Plan Premium Amounts: For purposes of calculating the County and Employee cost-sharing increases described in subsection 16.7.C, above, the following are the 2016 total monthly medical plan premium amounts: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23 Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15 Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39 Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04 Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27 Health Net HMO Plan B $840.55 $1,681.10 $2,521.65 Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20 Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40 Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32 16.8 Life Insurance Benefits. For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. For Deputy Public Defender Attorneys, additional Group Term Life Insurance in the amount of forty-five thousand dollar ($45,000) will be provided by the County. 16.9 Supplemental Life Insurance. In addition to the life insurance benefits provided by this agreement, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand February 9, 2016 Official Minutes 108 ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 16.10 Health Care Spending Account. After six (6) months of permanent employment, full and part-time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, not to exceed the maximum amount authorized by federal law, per calendar year, of before tax dollars, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 16.11 PERS Long-Term Care. The County will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long-Term Care Program. 16.12 Dependent Care Assistance Program. The County offers the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside a predetermined amount of annual salary not to exceed the lesser of either five thousand dollars ($5,000) or the maximum amount authorized by federal law, of annual salary (before taxes) per calendar year, of before-tax dollars to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 16.13 Premium Conversion Plan. The County offers the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 16.14 Prevailing Section. To the extent that any provision of this Section 16 (Health, Life and Dental Care) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this Section 16 (Health, Life and Dental Care) will prevail. 16.15 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 16.16 Partial Month. The County's contribution to the health plan premium is payable for any month in which the employee is paid. If an employee is not paid February 9, 2016 Official Minutes 109 enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. 16.17 Coverage During Absences. Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve (12) months if on approved leave of absence provided that the employee shall pay the entire premium (i.e. both employer and employee share) for the health plan during said leave. Said payment shall be made by the employee at a time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. 16.18 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the “Kid’s at Work” program established in the Public Works Department. 16.19 Health Benefit Coverage for Employees Not Otherwise Covered. To access County health plans, an employee represented by the Association who is not otherwise eligible for health coverage by the County, must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to the County’s lowest cost, single individual health insurance plan as determined by the County. Employees will be responsible for the full premium cost of coverage. This provision is not subject to the grievance process. SECTION 17 - PROBATIONARY PERIOD 17.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. The probationary period shall be nine (9) months for original entrance appointments and six (6) months for promotional appointments, except that the probationary period for Deputy Public Defenders shall be six (6) months for original entrance and promotional appointments. 17.2 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. February 9, 2016 Official Minutes 110 17.3 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. 17.4 Rejection During Probation/Appeal. A. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. B. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious or Association activities, or race, color, national origin, sex, age, disability, or sexual orientation. C. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under subsection 18.4 (Rejection During Probation/Appeal) paragraph B and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. D. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in subsection 17.4 (Rejection During Probation/Appeal) paragraph B, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. E. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 17.5 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this Memorandum, without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the February 9, 2016 Official Minutes 111 service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 17.6 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 17.7 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 18 - PROMOTION 18.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. February 9, 2016 Official Minutes 112 18.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 18.3 Open Exam. If an examination for one of the classes represented by the Association is proposed to be announced on an Open only basis the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Association to discuss the reasons for such open announcement. 18.4 Promotion via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: A. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. B. The incumbent of the position must have performed at the higher level for six (6) months. C. The incumbent must meet the minimum education and experience requirements for the higher class. D. The action must have approval of the Director of Human Resources. E. The Association approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 18.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 18.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy (70) percent or more, shall receive, in addition to all other credits, five one- hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. February 9, 2016 Official Minutes 113 18.7 Release Time for Physical Examination. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at the County’s expense. 18.8 Release Time for Examinations. Permanent employees will be granted reasonable time from work without loss of pay to take County examinations or to go to interviews for a County position provided the employees give the Department sufficient notice of the need for time off. “Reasonable” release time shall include time for travel and interviewing/testing. SECTION 19 – RESIGNATIONS 19.1 Resignation Procedure. An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 19.2 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 19.3 Constructive Resignation. A constructive resignation occurs and is effective when: A. An employee has been absent from duty for five (5) consecutive working days without leave; and B. Five (5) more consecutive work days have elapsed without response by the employee after the receipt of a registered or certified letter citing a notice of resignation by the appointing authority to the employee at the employee's last known address, but no more than ten (10) working days from mailing of said notice. 19.4 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative on that date or another date specified. An employee who resigns without advance notice, as set forth in subsection 19.2 (Resignation in Good Standing), may seek rescission of the resignation and reinstatement by delivering an appeal in writing to the Human Resources not later than close of business on the third (3rd) calendar day after the resignation is effective. Within five (5) work days of receipt of the appeal, the Director of Human Resources shall consider the appeal and render a final and binding decision including, if applicable, the date of reinstatement. SECTION 19 - RESIGNATIONS February 9, 2016 Official Minutes 114 19.5 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 19.6 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy to the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 21 of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 20.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. The reduction in pay may not exceed five percent (5%) for a three (3) month period. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: A. Absence without leave. B. Conviction of any criminal act involving moral turpitude. C. Conduct tending to bring the merit system into disrepute. February 9, 2016 Official Minutes 115 D. Disorderly or immoral conduct. E. Incompetence or inefficiency. F. Insubordination. G. Being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises. H. Neglect of duty (i.e. non-performance of assigned responsibilities). I. Negligent or willful damage to public property or waste of public supplies or equipment. I. Violation of any lawful or reasonable regulation or order given by a supervisor or Department Head. K. W illful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations. L. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. M. Misappropriation of County funds or property. N. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU. O. Dishonesty or theft. P. Excessive or unexcused absenteeism and/or tardiness. Q. Sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 20.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: A. A statement of the action proposed to be taken. February 9, 2016 Official Minutes 116 B. A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 20.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during an extension, the right to respond is lost. 20.4 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 20.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 20.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion. A. Written Order Required. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postal Service. February 9, 2016 Official Minutes 117 C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion either to the Merit Board or through the procedures of Section 21 (Grievance Procedure) of this MOU provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 21 (Grievance Procedure) of this MOU. 20.7 Employee Representation Rights. The County recognizes an employee’s right to representation during an investigatory interview or meeting which may result in discipline. The County shall not interfere with the representative’s right to assist an employee to clarify the facts during the interview. If the employee requests an Association representative, the investigatory interview shall be temporarily recessed for a reasonable period of time until a Association representative can be present. For those interviews, which by nature of the incident must take place immediately, the Association will take all reasonable steps to make an Association representative immediately available. The employer shall inform the employee of the general nature of the investigation at the time the employer directs the employee to be interviewed. SECTION 21 - GRIEVANCE PROCEDURE 21.1 Definition and Procedural Steps. A grievance is any dispute that involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU that specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions is not subject to the grievance procedure. An employee may elect to appeal disciplinary action through this grievance procedure, or to the Merit Board on matters within its jurisdiction, but not both. The Association may represent the grievant at any step of the process. Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: Step 1. The Association or any employee or group of employees (“grievant”) who believes that a provision of this MOU has been misinterpreted or misapplied to his, her, or their detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) work days of receipt of a written request to hold such meeting. The supervisor will advise the grievant in writing, within five (5) work days of the meeting, whether the grievance is granted or denied. The supervisor shall deliver his/her determination to the departmental mailbox of one of the three Public Defenders designated by the Association as Association representatives or email it to all three. Step 2. If an issue is not satisfactorily resolved in Step 1 above, the Association may submit the grievance in writing to the Public Defender or his or her designee. This request must be filed no more than ten (10) work days after the step 1 letter from the February 9, 2016 Official Minutes 118 supervisor is delivered to the Association. This formal written grievance must state which provision(s) of the MOU has been misinterpreted or misapplied, how it has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the Association seeks. A copy of each written communication regarding a grievance must be filed with the Director of Human Resources. The Public Defender or his or her designee shall have ten (10) work days in which to respond to the grievance in writing stating the reason(s) for the disposition of the grievance. The response shall be hand-delivered to the departmental mailbox of one of the three Public Defender representatives designated by the Association as Association representatives or email it to all three. Step 3. If a grievance is not resolved at Step 2, the Association may submit the grievance to the Human Resources Director in writing within ten (10) work days after receipt of the grievance at Step 2 response is delivered to the Association. Within twenty (20) work days after receipt of the grievance at Step 2, the Human Resources Director or designee must meet with the Association and the Public Defender or his/her designee to discuss the facts, discuss other potentially relevant information or avenues of inquiry and any terms either party wishes to offer to resolve the grievance. Both parties shall be prepared and present the following information to the other party in the course of the step 3 meeting: 1.The name of the grievant(s); 2.The specific contract provision(s) allegedly violated in each instance; 3.A statement of the facts that show the time, place and manner of each alleged breach; 4.A copy of each relevant document available at the time of the Step 3 meeting; and 5.The specific remedy sought. Within fifteen (15) working days after the Step 3 meeting, the Human Resources Director or his/her designee shall hand deliver, to the departmental mail box of one of the three Public Defenders designated by the Association to represent the Association or by email to all three, a written response to the grievance stating the reason(s) for the disposition of the grievance. Step 4. If the grievance is not resolved at step 3, either party may notify the other, in writing within fifteen (15) work days of the delivery of step 3 response, of its desire to arbitrate the grievance. The parties will mutually select an arbitrator from a list of five (5) impartial arbitrators on which the parties have previously agreed. If the selected arbitrator is unable to offer a date for the arbitration within one hundred twenty (120) days of the request shall be skipped. The arbitrator whose name was struck immediately before the arbitrator that was first selected will then serve as the arbitrator, subject to the same scheduling requirement. The parties will alternately strike from the list to select the arbitrator, the order of striking to be determined by lot. Vacancies on the list will be filled by mutual agreement. February 9, 2016 Official Minutes 119 The decision of the arbitrator shall be final and binding. The arbitrator will not have the right to alter, amend, delete, or add to any of the terms of this Agreement. The arbitrator will have full authority to fashion an appropriate remedy. The fees and expenses of the arbitrator and the court reporter (if any) will be shared equally by the Association and the County. If either party wishes to have a court reporter, one will be used and his/her fees and expenses will be shared equally. Each party will bear the costs of its own presentation including, but not limited to, preparation and post-hearing briefs, if any. 21.2 Filing By The Association At Step 3. The Association may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors allegedly violates a provision of this MOU. 21.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 4 above, the grievance will be deemed to have been withdrawn. Any procedural issue of arbitrability, including compliance with time limits, will be decided by the arbitrator. 21.4 Strike/Work Stoppage. During the term of this MOU, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. SECTION 22 - BILINGUAL PAY A salary differential of one hundred dollars ($100) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Association shall be notified when such designations are made. SECTION 23 - RETIREMENT 23.1 Contribution. A. Effective on November 1, 2012, employees are responsible for the payment of February 9, 2016 Official Minutes 120 one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association without the County paying any part of the employees’ contribution. Employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement, without the County paying any part of the employees’ contributions. The County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. B. The Association will pay the county thirty-four thousand dollars ($34,000) to compensate the county for the lost savings associated with the delay in implementation of Section 23.1A above. Payment will be due upon ratification of the MOU by the Board of Supervisors. 23.2 Retirement Benefits – Employees Who Become Members of CCCERA After December 31, 2012. A. For employees who become members of the Contra Costa County Employees Retirement Association (CCCERA) after December 31, 2012, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent PEPRA conflicts with any provision of this Agreement, PEPRA will govern. B. For employees who become members of the Contra Costa County Employees Retirement Association (CCCERA) after December 31, 2012, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. C. The County will seek legislation amending the County Employees Retirement Law of 1937 to clarify that the current Tier III disability provisions apply to employees who, under PEPRA, become New Members of CCCERA. The Association will support the legislation, in addition to the County, by calling and sending a letter (on Association letterhead) in support of the bill to the state legislator sponsoring the bill, on or before the date specified by the County. In addition, if requested by the County, the Association will testify in support of the bill before the state legislative committees considering the bill. SECTION 24 - TRAINING AND PROFESSIONAL EXPENSE REIMBURSEMENT 24.1 Deputy Public Defender Professional Expenses. The County shall reimburse each Deputy Public Defender up to a maximum of six hundred dollars ($600) for each fiscal year for the following types of expenses: membership dues in legal, professional associations; purchase of legal publications; legal on-line computer services; and training and travel costs for educational courses related to the duties of a Deputy Public Defender; and software and hardware from a standardized County approved list or with Department Head approval, provided each Deputy Public Defender February 9, 2016 Official Minutes 121 complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Any unused accrual may be carried forward to the next fiscal year up to eight hundred dollars ($800). The County will pay, on behalf of Deputy Public Defenders, California State Bar membership dues (but not penalty fees) and for criminal specialization fees. To be eligible, an employee must be employed as a permanent Deputy Public Defender with the Contra Costa County Public Defenders’ Office as of January 1 of each calendar year. The Office of the Public Defender will notify the Auditor-Controller by January 10th of each year the count of eligible attorneys and the amount to be paid to the State Bar. The Auditor-Controller will prepare one check to the State Bar of California for annual membership dues by January 20th. The Office of the Public Defender will process payment and any required documentation to the State Bar of California by January 30, of each year. 24.2 Public Defender Investigator Professional Expenses. The County shall reimburse each Public Defender Investigator up to a maximum of two hundred fifty dollars ($250) each fiscal year for the following types of expenses: membership dues in investigation/legal/professional associations; purchase of investigation/legal publications; and training travel costs for educational courses related to the duties of a Public Defender Investigator; and software and hardware from a standardized County approved list or with Department Head approval, provided each Public Defender Investigator complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Any unused accrual may be carried forward to the next fiscal year up to three hundred seventy five dollars ($375). 24.3 Deputy Public Defender Law School Student Loan Reimbursement Program. A. Eligibility: Employees first employed in the classifications of Deputy Public Defender I and/or Deputy Public Defender II. Payments will only be made to employees in paid status as of July 1, 2014, and thereafter. B. Qualifying amounts and terms: The employee must satisfy all of the following criteria to be eligible for any payments through this Law School Student Loan Reimbursement Program. i.First Payment: The employee must be hired as a permanent Deputy Public Defender I or II, and worked as a permanent Deputy Public Defender I, II, or Ill for at least three (3) consecutive years from date of hire to be eligible for the first payment. Upon completion of the third consecutive year of employment as a Deputy Public Defender I, II, or Ill, February 9, 2016 Official Minutes 122 the employee may receive $2,000 for purposes of reimbursement for law school student loan payments. ii.Second Payment: For an employee who entered County service as a permanent Deputy Public Defender I or II, the employee must work as a Deputy Public Defender I, II, or Ill during the fourth year of employment from date of hire to be eligible for the second payment. Upon completion of four (4) years of employment with the County as a permanent Deputy Public Defender, the employee may receive $3,000 for purposes of reimbursement for law school student loan payments. iii.Third Payment: For an employee who entered County service as a permanent Deputy Public Defender I or II, the employee must work as a Deputy Public Defender I, II, or Ill during the fifth year of employment from date of hire to be eligible for the third payment. Upon completion of five (5) years of employment with the County as a permanent Deputy Public Defender, the employee may receive $4,000 for purposes of reimbursement for law school student loan payments. iv.For employees employed less than forty hours per week during the year in which a payment is based, the law school student loan reimbursement amount will be prorated by multiplying the full reimbursement amount by the employee's approved position hours during the year for which a payment is based divided by 40 hours (e.g.$2,000 X 20/40= $1,000). v.For each payment, the employee must submit a request for reimbursement on the County's reimbursement form and attach documentation that shows the existence of an outstanding law school student loan and annual payment record for the law school student loan during the preceding twelve months for each year of a requested payment. vi.This program is not available to attorneys who have paid off their law school student loans or to those attorneys who did not incur law school student loans. vii.The law school student loan reimbursement program will not exceed $9,000 for any one person. viii.The law school student loan reimbursement payments are subject to applicable state and federal withholding, if any. ix.The terms and conditions of this law school student loan reimbursement program are subject to procedures approved by the County Auditor- Controller's Office. February 9, 2016 Official Minutes 123 SECTION 25 - COMPUTER VISION CARE (CVC) USERS EYE EXAMINATION Employees shall be eligible to receive an annual eye examination on County time and at County expense in accordance with the following conditions: A. Eligible employees must use a video display terminal at least an average of two hours per day as certified by their department. B. Eligible employees who wish an eye examination under this program should request it through the County Human Resources Department, Benefits Division, who will arrange for eye examinations and monitor the results on a County-wide basis. C. Should prescription CVC glasses be prescribed for an employee following an eye examination, the County agrees to provide, at no cost, the basic coverage including a fifty dollar ($50) frame and single vision lenses. Employees may, through individual arrangement between the employee and his/her doctor, and solely at the employee's expense, include bifocal, trifocal or blended lenses and other care, services or materials not covered by the plan. The basic plan coverage, including the examination, may be credited toward the employee enhanced benefit. SECTION 26 – VEHICLE COSTS 26.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. 26.2 Charge For Use of Home Garaged County Vehicle. Employees hired after July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all commute miles driven outside the limits of Contra Costa County that exceed thirty (30) miles round-trip in any one day. 26.3 Investigator Use of County Cars. The Office of Public Defender will continue the current policy regarding the use of cars by Public Defender Investigators. SECTION 27 - PAY WARRANT ERRORS If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, February 9, 2016 Official Minutes 124 exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. If the pay warrant error has occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the employee who is receiving the pay, the error will be corrected as soon as possible from the time the department is made aware that pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. A repayment schedule will be no longer than three times (3) the length of time the overpayment occurred. If requested by the employee, a Association representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 28 - FLEXIBLE STAFFING Certain positions may be designated by the Director of Human Resources as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he or she may then be promoted to the next higher classification within the job series without need of a classification study. If the Public Defender’s Department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. SECTION 29 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personnel file in their Department. The employee’s Association representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee’s Association representative, for inspection and review at reasonable intervals during the regular business hours of the County. Employees shall be permitted to review their personnel files at the Personnel office during their working hours. For those employees whose work hours do not coincide with the County’s SECTION 28 - FLEXIBLE STAFFING February 9, 2016 Official Minutes 125 business hours, management shall provide a copy of the employee’s personnel file for the employee’s review. The custodian of records will certify that the copy is a true and correct copy of the original file. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee’s personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's official personnel file. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Counseling memos, which are not disciplinary in nature, are to be retained in the file maintained by the employee's supervisor or the person who issued the counseling memo and are not to be transferred to the employee's central file which is normally retained by the Human Resources Department unless such memos are subsequently used in conjunction with a disciplinary action such as a letter of reprimand. All documents pertaining to disciplinary actions shall be placed in the employee's official personnel file within five (5) work days after the time management becomes aware of the incident and has completed its investigation as to whether the employee is culpable and shall be date stamped or dated at time of entry. This section is not intended to include supervisor's notes or reminders of specific incidents or ongoing reports such as attendance records. Generally, such investigations should be completed within thirty (30) calendar days of the date management becomes aware of the incident(s), it being understood that under certain circumstances such as the unavailability of witnesses or the possibility of a criminal act having been committed may cause the investigation to take longer than the aforementioned thirty (30) days. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to an employee who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3. If a letter of reprimand is used in a subsequent discharge, suspension or demotion of the employee, the validity of the letter of reprimand may be considered at any arbitration of the subsequent disciplinary action. Copies of letters of commendation which are to be placed in the employee's personnel file will be given to the employee. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their departments. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. The County shall supply the Association with lists of official personnel files and locations. Derogatory material in an employee's personnel file over two years old will not be used in a subsequent disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. February 9, 2016 Official Minutes 126 SECTION 30 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: A. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. B. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. SECTION 31 – REIMBURSEMENT FOR MEAL EXPENSE Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: A. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. B. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. D. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. E. When the employee is required to work three (3) or more hours of overtime or scheduled to work overtime with less than twenty-four (24) hours notice; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. February 9, 2016 Official Minutes 127 SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY The loss or damage to personal property of employees is subject to reimbursement under the following conditions: A. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. B. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the Department Head and automobiles are excluded from reimbursement. D. The loss or damage must have occurred in the line of duty. E. The loss or damage was not a result of negligence or lack of proper care by the employee. F. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. G. The loss or damage to employee’s eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by Workers' Compensation. H. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. I. The burden of proof of loss rests with the employee. J. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 33 - UNFAIR LABOR PRACTICE Either the County or the Association may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. February 9, 2016 Official Minutes 128 SECTION 34 - PERMANENT PART-TIME EMPLOYEES 34.1 Benefits. Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full- time. If the employee works at least fifty percent (50%) of full-time, County retirement participation is also included. 34.2 Hours. Permanent part-time employees who wish to have the hours of their position increased, must so request in writing. These requests must be received by the employee's department during the month of January and/or July for the duration of this MOU. Departments reviewing these requests will evaluate them within thirty (30) days of their receipt by considering the actual hours assigned to and worked by the employee during the previous six (6) months and the anticipated continuing need from their assignment on an increased basis. Those requests which are approved by the department for an increase in hours will be submitted for consideration by the County as a P300 request within an additional sixty (60) days. Nothing contained herein shall conflict with layoff/reemployment provisions. SECTION 35 – DEPUTY PUBLIC DEFENDER SPECIAL ASSIGNMENT - EXEMPT & TEMPORARY EMPLOYEES 35.1 Deputy Public Defender Special Assignment-Exempt (25W2) Employees. A. The class of Deputy Public Defender Special Assignment is exempt from the merit system. Individuals appointed to this class are employed for a three-month limited term assignment that can be terminated at any time. Compensation for this class is based on a monthly rate of pay that is pro- rated for any partial month of work. Upon approval by the Public Defender, appointments may be renewed for additional three-month limited terms, but in no case will additional appointments exceed a total of thirty-nine (39) months of employment. B. Deputy Public Defender Special Assignment-Exempt employees are entitled generally only to the benefits set forth in this Section 35.1 and Section 35.4. If a pay or benefit that is described in this MOU does not specifically reference Deputy Public Defender Special Assignment- Exempt, then the pay or benefit does not apply to employees in this class. 1.Employees are entitled to accrue paid time off (PTO) at the rate of 3.33 hours per month. Accruals begin on the date of appointment. Accruals for portions of a month will be calculated on the same basis as for partial compensation. PTO may be taken in one minute increments, but may not be taken during the first month of employment. The maximum amount of PTO that employees may February 9, 2016 Official Minutes 129 accrue is eighty (80) hours. On separation from County service, an employee will be paid for any unused paid time off, not to exceed eighty (80) hours. If an employee in the Deputy Public Defender Special Assignment-Exempt classification is appointed to a Public Defender I, II, III, or IV position, any accrued PTO shall be converted to vacation hours and subject to the provisions of this MOU relating to vacation. 2.Employees will accrue sick leave at the rate of eight (8) hours per month. Employees are subject to the rules governing use of sick leave that are set forth in Section 12 of this MOU. 3.Employees are entitled to observe the holidays identified in Section 10 of this MOU. 4.In recognition of the fact that employees in this class are not entitled to overtime, employees will be credited with twenty (20) hours of paid personal leave at the beginning of each three-month appointment. The maximum amount of paid personal leave that employees may accrue is eighty (80) hours. This paid personal leave is separate from PTO. Employees will not be paid for any unused paid personal leave upon separation from County service. 5.Health Benefits for Employees in the Classification of Deputy Public Defender – Special Assignment-Exempt: For the plan year that begins on January 1, 2016, employees in this classification will have access to the County Selected High Deductible Health Plan. Employees will be responsible for the full premium cost of coverage. If during the 2016 plan year, an employee achieves twelve consecutive months of County employment in this classification or achieved and maintained at least twelve consecutive months prior to January 1, 2016, then the employee will be eligible to access prospectively the medical plans (two-tier structure) and medical plan subsidies set forth in 16.7.B. of this MOU. If an employee achieves twelve consecutive months of County employment in this classification during or prior to the plan year that begins on January 1, 2017, or thereafter during the term of this MOU, the employee will be eligible to access prospectively the medical plans (three-tier structure) and medical plan subsidies set forth in 16.7.A. and 16.7.C. of this MOU. 6.Employees are entitled to payment of California State Bar membership dues and criminal specialization fees pursuant to Section 24.1 of this MOU. 35.2 Temporary Employee Leave Benefits. In addition to the limitations of Temporary Employment in the DEFINITIONS section of this MOU, if a pay or benefit that is described in this MOU does not specifically reference Temporary Employee, then the pay or benefit does not apply to temporary employees. February 9, 2016 Official Minutes 130 A. Crediting and Maximum Accumulation of Paid Time Off. On the first of the month following a temporary employee’s completion of two thousand eighty (2080) straight time hours worked, he or she shall be credited with forty (40) hours of “paid time off” (“PTO”). Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. B. Use of Paid Time Off. Paid time off shall not be taken until credited per subsection 35.2 paragraph A (Crediting and Maximum Accumulation of Paid Time Off) above. C. Payoff at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently “credited” PTO hours, as described in subsection 35.2 paragraph A (Crediting and Maximum Accumulation of Paid Time Off) and, in addition, shall be paid off for that portion of PTO hours earned but not credited on the basis of that portion of the straight time hours worked (“STHW”) toward the next increment of two thousand eighty (2080) straight time hours required for crediting of PTO. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. D. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the credited PTO hours and the earned but not yet credited PTO hours (as described in paragraph 35.2 paragraph C [Payoff at Separation] above) shall be converted to vacation hour and subject to the provisions of this Memorandum of Understanding relating to Vacation. When a temporary employee is appointed to a permanent position, the employee shall be allowed to use the earned paid time off hours during the first six (6) months of employment in a permanent position. 35.3 Temporary Employee Step Placement. A. New Employees. The anniversary date of a new temporary employee is the first day of the calendar month after the calendar month when the employee successfully completes one thousand forty (1040) straight time hours. B. Initial Step Placement. New temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in advance or the Director of Human Resources (or designee) offers to meet confer with the Association on a case by case basis each time prior to formalizing the appointment. February 9, 2016 Official Minutes 131 C. Increments within Range. The performance of each employee shall be reviewed after the employee has completed an additional two thousand eighty (2080) straight time hours of work. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within range increment be granted at one time. Increments shall not be granted to a temporary employee more frequently than after the first one thousand forty (1040) straight time hours worked and after each two thousand eighty (2080) additional straight time hours worked thereafter. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 35.4 Deputy Public Defender Special Assignment-Exempt & Temporary Employee Grievances. Deputy Public Defender Special Assignment-Exempt and temporary employees covered by this Memorandum of Understanding may grieve only alleged violation of: A. Section 1 (Association Recognition); B. Section 2 (Association Security), subsections 2.1 (Dues Deduction) through 2.5 (Withdrawal of Membership); C. Subsection 5.1 (General Wages), and D. The terms of this Section 35. 35.5 Union Dues. The membership or agency shop service fee charged by the Association to temporary employees pursuant to subsection 2.2 (Agency Shop) paragraph B shall equal 1% of the employee’s regular pay up to a maximum of ten dollars ($10) per semi-monthly pay period. No initiation fee or special assessments shall be required of these employees. A temporary employee who does not timely authorize deduction of or directly pay Association Dues or an agency shop service fee in lieu of dues will be terminated from County service. February 9, 2016 Official Minutes 132 SECTION 36 - LUNCH PERIOD AND REST BREAKS A. Employees who are in a pay status during their lunch are on call during their lunch period. Employees who are not in a pay status during their lunch are on their own time during their lunch period. B. Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling of rest breaks shall be determined by management. C. The terms of this section 36, Lunch Period and Rest Breaks, do not apply to Deputy Public Defenders. SECTION 37 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 38 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS 38.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. Any past side letters or any other agreements that are not incorporated into or attached to this MOU are deemed expired upon approval of this MOU by the Board of Supervisors. The Association understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 38.2 Severability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 38.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. Those provisions of the Personnel Management Regulations within the scope February 9, 2016 Official Minutes 133 of representation which are not in conflict with the provisions of this MOU and those provisions of the Personnel Management Regulations which are not within the scope of representation shall be considered in full force and effect. 38.4 Duration of Agreement. This Agreement will continue in full force and effect from July 1, 2015 to and including June 30, 2018. Nothing herein shall be interpreted or applied in a manner that precludes or impairs in any manner the retroactive implementation of provisions of this Agreement for which an effective date prior to adoption by the Board of Supervisors is expressly provided. SECTION 39 - FAIR LABOR STANDARDS ACT PROVISIONS The Fair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of employees covered by this MOU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the federal law, without further meeting and conferring. The County shall notify Association and meet and confer with the Association regarding the implementation of such modifications. SECTION 40 – SAFETY IN THE WORKPLACE The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. The Department shall have a standing committee to address all issues related to employee safety, including the issuance of defensive tools. The committee shall be empowered to make recommendations directly to the Public Defender related to employee safety. The Committee shall consist of two representatives appointed by the Public Defender, two representatives appointed by the Association, and a representative of the County’s Risk Management Office to be invited to sit as needed as a non-decision making consultant. The deliberations of this Committee shall not be construed as meeting the requirements to meet and confer separately with the Association regarding any matter related to wages, hours, or working conditions. SECTION 41 - MISCELLANEOUS PROVISIONS 41.1 Professional Advisory Committee. The Professional Advisory Committee shall be continued. Said committee shall be composed of not more than two (2) employee representatives appointed by the Association and two (2) department representatives and shall meet at the request of either party, within a reasonable period of time. February 9, 2016 Official Minutes 134 41.2 Deferred Compensation. A. Employees represented by the Association will be eligible to participate in the County’s Deferred Compensation Plan. The County will contribute eighty-five dollars ($85) per month to the deferred compensation accounts of all employees in the Public Defenders’ Unit who participate in the County’s Deferred Compensation Plan. To be eligible for this contribution, qualifying employees must: 1.Complete a County interest form and return it to the Benefits Service Unit, 2.Deposit the Qualifying Base Contribution Amount indicated below in his/her deferred compensation account, and 3.Maintain a minimum monthly contribution to the deferred compensation plan in the amount indicated below: B. Only those contributions made to the Deferred Compensation Program as of the date the employee signs the County interest form qualify under the program as the “Qualifying Base Contribution Amount”. If for any reason an employee’s monthly contribution falls below the minimum amount required, the employee is no longer eligible for the County’s eighty-five dollar ($85) per month contribution and he/she must re-qualify for the contribution by again satisfying the above listed criteria. C. Special Benefit for Permanent Employees Hired on and after March 1, 2011: 1.Beginning on June 1, 2011, and for the term of this MOU, the County will contribute one hundred and fifty dollars ($150) per month to an employee’s account in the Contra Costa County Current Monthly Qualifying Base Contribution Amount Current Monthly Base Contribution Amount For Maintaining Incentive Eligibility $2,500 and below $2,501 - 3,334 $3,335 - 4,167 $4,168 - 5,000 $5,001 - 5,834 $5,835 - 6,667 $6,668 & Above $250 $500 $750 $1000 $1500 $2000 $2500 $50 $50 $50 $50 $100 $100 $100 February 9, 2016 Official Minutes 135 Deferred Compensation Plan, or other tax-qualified savings program designated by the County, for employees who meet all of the following conditions: a.The employee must be hired by Contra Costa County on or after March 1, 2011. b.The employee must be appointed to a permanent position. The position may be either full time or part time, but if it is part time, it must be designated, at a minimum, as 20 hours per week. c.The employee must have been employed by Contra Costa County for at least 90 calendar days. d.The employee must contribute a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County. e.The employee must complete and sign the required enrollment form(s) for his/her deferred compensation account and submit those forms to the Human Resources Department, Employee Benefits Services Unit. f.The employee may not exceed the annual maximum contribution amount allowable by the United States Internal Revenue Code. D. No Cross Crediting: The amounts contributed by the employee and the County pursuant to Subsection C do not count towards the “Qualifying Base Contribution Amount” or the “Monthly Base Contribution Amount for Maintaining Incentive Eligibility” in Subsection A. Similarly, the amounts contributed by the employee and the County pursuant to Subsection A do not count towards the employee’s $25 per month minimum contribution required by Subsection C. E. Maximum Annual Contribution: All of the employee and County contributions set forth in Subsections A and C will be added together to ensure that the annual maximum contribution to the employee’s deferred compensation account does not exceed the annual maximum contribution rates set forth in the United States Internal Revenue Code. F. Deferred Compensation Plan – Loan Provision: On June 26, 2012, the Board of Supervisors adopted Resolution 2012/298 approving an amendment to the Deferred Compensation Plan Loan Program. The February 9, 2016 Official Minutes 136 Contra Costa County Public Defenders Association (CCCPDA) became eligible to apply for loans through the Contra Costa County Deferred Compensation Program effective June 26, 2012. The following is a summary of the provisions of the loan program: 1.The minimum amount of the loan is $1,000. 2.The maximum amount of the loan is the lesser of 50% of the employee’s balance or $50,000, or as otherwise provided by law. 3.The maximum amortization period of the loan is five (5) years. 4.The loan interest is fixed at the time the loan is originated and for the duration of the loan. The loan interest rate is the prime rate plus one percent (1%). 5.There is no prepayment penalty if an employee pays the balance of the loan plus any accrued interest before the original amortization period for the loan. 6.The terms of the loan may not be modified after the employee enters into the loan agreement, except as provided by law. 7.An employee may have only one loan at a time. 8.Payment for the loan is made by monthly payroll deduction. 9.An employee with a loan who is not in paid status (e.g. unpaid leave of absence) may make his/her monthly payments directly to the Plan Administrator by some means other than payroll deduction each month the employee is in an unpaid status (e.g. by a personal check or money order). 10.The Loan Administrator (MassMutual Life Insurance Company or its successor) charges a one-time $50 loan initiation fee. This fee is deducted from the employee’s Deferred Compensation account. 11.The County charges a one-time $25 loan initiation fee and a monthly maintenance fee of $1.50. These fees are paid by payroll deduction. Date: ___________________ Contra Costa County: (Signature / Printed Name) CCC Defenders’ Association: (Signature / Printed Name) / / / / / / / / / / February 9, 2016 Official Minutes 137 CONTRA COSTA COUNTY DEFENDERS’ ASSOCIATION DEPUTY PUBLIC DEFENDER UNIT ATTACHMENTS ATTACHMENT A CLASS AND SALARY LISTING ATTACHMENT B MEDICAL/DENTAL PLANS February 9, 2016 Official Minutes 138 ATTACHMENT A Job code Class Title Flex Staff (F)/ Deep Class (D)From To 25WA DEPUTY PUBLIC DEFENDER I F $5,589.46 $5,589.46 25VA DEPUTY PUBLIC DEFENDER II F $7,209.12 $8,762.73 25TB DEPUTY PUBLIC DEFENDER III F $9,455.95 $11,493.76 25TA DEPUTY PUBLIC DEFENDER IV F $10,433.76 $12,682.29 25W2 DEPUTY PUBLIC DEF-SP ASGMNT-EX $5,167.62 $5,167.62 6N75 PUBLIC DEFENDER INVESTIG AIDE $2,488.53 $3,024.82 6N7A PUBLIC DEFENDER INVESTIG ASST F $2,744.82 $3,336.35 6NWA PUBLIC DEFENDER INVESTIGATOR I F $5,101.53 $6,200.94 6NVA PUBLIC DEFENDER INVESTIGATR II F $5,836.89 $7,094.78 6NVB SR PUBLIC DEFENDER INVEST AIDE $3,501.84 $4,256.51 CCC PUBLIC DEFENDERS ASSOCIATION CLASS AND SALARY LISTING Effective 1/1/2016 Salary Range February 9, 2016 Official Minutes 139 ATTACHMENT B CCC Public Defenders Association MEDICAL/DENTAL PLANS July 1, 2015 through June 30, 2018 Covered Offered The County offers the following Plans: Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net, Delta Dental and Delta Care USA (PMI) Dental. Co-Pays and Co-Insurance The health plan co-pays are as follows: CCHP A: $0 Office Visit in the RMC Network $0 Preferred Generic RX $0 Preferred Brand RX $0 Non-Preferred Brand RX CCHP B: $0 Office Visit in the RMC Network $5 Office Visit in the CPN Network $3 Preferred Generic RX $3 Preferred Brand RX $3 Non-Preferred Brand RX KAISER PERMANENTE PLAN A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $20 Non-Preferred Brand RX $10 Emergency Room KAISER PERMANENTE PLAN B: $500 Deductible Per Person $1000 Deductible Per Family $20 Office Visit Copay (not subject to deductible) $20 Urgent Care Copay (not subject to deductible) $10 Lab & X-ray Copay (not subject to deductible) $10 Preferred Generic RX $30 Preferred Brand RX $30 Non-Preferred Brand RX 10% Co-Insurance After Deductible for Inpatient Hospital, Outpatient Surgical and Emergency Room $3000 per person and $6000 per family Annual Out of Pocket Maximum February 9, 2016 Official Minutes 140 KAISER PERMANENTE HDHP $1500 Deductible Per Person $3000 Deductible Per Family 10% Office Visit Coinsurance (After Deductible) 10% Urgent Care Coinsurance (After Deductible) 10% Lab & X-Ray Coinsurance (After Deductible) $10 Generic Rx (After Deductible) $30 Brand-Name Rx (After Deductible) 10% Inpatient Hospitalization Coinsurance (After Deductible) 10% Outpatient Surgery & ER Coinsurance (After Deductible) $3000 per Person Annual Out of Pocket Maximum $6000 per Family Annual Out of Pocket Maximum HEALTH NET HMO Plan A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $25 Emergency Room HEALTH NET HMO Plan B: $20 Office Visit $50 Urgent Care Visit $1000 Inpatient Hospital Co-pay $500 Out-Patient Surgery Co-pay $100 Emergency Room Co-pay $10 Preferred Brand RX $20 Non-Preferred Brand RX $35 Non-Preferred Brand or Generic RX $2000 per person and $6000 per family Annual Out of Pocket Maximum HEALTH NET PPO Plan A: $10 Office Visit in network $5 Preferred Generic RX $5 Preferred Brand RX $5 Non-Preferred Brand or Generic RX $50 Emergency Room Deductible, 10% Co-Insurance HEALTH NET PPO Plan B: $500 Deductible Per Person $1500 Deductible Per Family $20 Office Visit in network 80% / 20% For Most In-Network Benefit 60% / 40% For Most In-Network Benefit $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $50 Emergency Room Deductible, 30% Co-Insurance February 9, 2016 Official Minutes 141 CONTRA COSTA COUNTY DEFENDERS’ ASSOCIATION SUBJECT INDEX Accrual During Leave Without Pay (Vacation Leave And Paid Personal Leave) ........ 30 Accrual During Leave Without Pay (Sick Leave) ......................................................... 42 Accrual Rates – Deputy Public Defenders .................................................................. 28 Accrual Usage ............................................................................................................. 18 Administration of Sick Leave ....................................................................................... 34 Adoption ...................................................................................................................... 82 Advance Notice ............................................................................................................. 7 Agency Shop ................................................................................................................. 4 Anniversary Dates ....................................................................................................... 11 Annual Administrative Leave (Deputy Public Defenders) ............................................ 31 Application of Overtime and Compensatory Time Off ................................................. 18 Assignment of Classes to Bargaining Units .................................................................. 8 Association Recognition ................................................................................................ 4 Association Representatives ......................................................................................... 9 Association Security ...................................................................................................... 4 Association-Sponsored Training Programs ................................................................. 10 Attendance at Meetings ................................................................................................ 9 Automated Time Keeping ............................................................................................ 18 Benefits (Permanent Part-Time Employees) ............................................................... 78 Bilingual Pay ............................................................................................................... 69 Call Back Time ............................................................................................................ 21 Catastrophic Leave Bank ............................................................................................ 43 Charge For Use of Home Garaged County Vehicle .................................................... 73 Child Care ................................................................................................................... 59 Coerced Resignations ................................................................................................. 64 Communicating With Employees .................................................................................. 7 Compensation For Loss or Damage to Personal Property .......................................... 77 Compensation for Portion of Month ............................................................................ 12 Compensatory Time .................................................................................................... 19 Competitive Exam ....................................................................................................... 61 Computer Vision Care (CVC) Users Eye Examination ................................................ 73 Contribution (Retirement) ............................................................................................ 69 Constructive Resignation ............................................................................................ 63 Coverage During Absences ........................................................................................ 59 Credits to and Charges Against Sick Leave ................................................................ 31 Criteria ......................................................................................................................... 60 Days and Hours of Work ............................................................................................. 17 Deferred Compensation .............................................................................................. 84 Definition and Procedural Steps (Grievance Procedure) ............................................ 67 Definitions ..................................................................................................................... 2 February 9, 2016 Official Minutes 142 Definitions (Days and Hours of Work) ......................................................................... 17 Dependent Care Assistance Program ......................................................................... 58 Deputy Public Defender Law School Student Loan Reimbursement Program ........... 71 Deputy Public Defender Professional Expenses ......................................................... 70 Deputy Public Defender Special Assignment-Exempt (25W2) Employees ................. 78 Deputy Public Defender Special Assignment-Exempt & Temp EE Grievances..........81 Deputy Public Defender Special Assignment-Exempt & Temporary Employees ........ 78 Disability ...................................................................................................................... 36 Discretionary Steps ..................................................................................................... 16 Dismissal, Suspension, Temporary Reduction In Pay, and Demotion ........................ 64 Definition and Procedural Steps .................................................................................. 67 Dual Coverage ............................................................................................................ 55 Dues Deduction ............................................................................................................. 4 Dues Form .................................................................................................................... 6 Duration of Agreement ................................................................................................ 83 Effective Resignation .................................................................................................. 63 Employee Representation Rights ................................................................................ 67 Employee Response ................................................................................................... 66 Entrance Salary ........................................................................................................... 11 Fair Labor Standards Act Provisions ........................................................................... 83 Family Care and Medical Leave (FMLA/CFRA) .......................................................... 46 Family Member Eligibility Criteria ................................................................................ 54 Filing By the Association At Step 3 ............................................................................. 69 Flexible Staffing ........................................................................................................... 74 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”) ..................................... 45 General Administration – Leaves of Absence ............................................................. 44 General Wages ........................................................................................................... 10 Grievance Procedure .................................................................................................. 67 Group Health Plan Coverage ...................................................................................... 46 Health, Life & Dental Care .......................................................................................... 50 Health Benefit Coverage for Employees Not Otherwise Covered ............................... 59 Health Care Spending Account ................................................................................... 58 Health Plan Coverage ................................................................................................. 50 Health Plan Coverages and Provisions ....................................................................... 54 Holiday is Not Worked and Holiday Falls On Scheduled Work Day ............................ 27 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day ............... 27 Holidays ...................................................................................................................... 26 Holidays Observed ...................................................................................................... 26 Hours (Permanent Part-Time Employees) .................................................................. 78 Increments Within Range ............................................................................................ 12 Investigator Use of County Cars ................................................................................. 73 February 9, 2016 Official Minutes 143 Jury Duty ..................................................................................................................... 48 Layoff During Probation .............................................................................................. 61 Leave of Absence ....................................................................................................... 44 Leave of Absence Replacement and Reinstatement .................................................. 48 Length of Suspension ................................................................................................. 66 Leave Pending Employee Response .......................................................................... 66 Leave Without Pay ...................................................................................................... 44 Leave Without Pay – Use of Accruals ......................................................................... 47 Length of Suspension ................................................................................................. 66 Life Insurance Benefits................................................................................................ 57 Long-Term Disability Insurance ................................................................................... 41 Lunch Period and Rest Breaks ................................................................................... 82 Maintenance of Membership ......................................................................................... 7 Medical Plan Cost-Sharing on and after January 1, 2016 ........................................... 56 Military Leave .............................................................................................................. 46 Miscellaneous Provisions ............................................................................................ 83 Monthly Premium Subsidy........................................................................................... 50 No Discrimination/Americans With Disabilities Act (ADA) ............................................. 8 Notice .......................................................................................................................... 25 Open Exam ................................................................................................................. 62 Operation .................................................................................................................... 43 Overtime ...................................................................................................................... 18 Overtime and Compensatory Time Off ....................................................................... 18 Parallel Deputy Public Defender Compensation Adjustments .................................... 17 Partial Month ............................................................................................................... 58 Part-Time Compensation ............................................................................................ 12 Payment ...................................................................................................................... 15 Pay for Work in Higher Classification .......................................................................... 14 Pay Warrant Errors ..................................................................................................... 73 Permanent Intermittent Employees-Holiday is Worked ............................................... 28 Permanent Part-Time Employees ............................................................................... 78 Policies Governing the Use of Paid Sick Leave .......................................................... 32 PERS Long-Term Care ............................................................................................... 58 Personnel Files ........................................................................................................... 74 Personnel Management Regulations .......................................................................... 82 Policies Governing the Use of Paid Sick Leave .......................................................... 32 Position Reclassification ............................................................................................. 12 Pregnancy Disability Leave/How Leave is Counted .................................................... 46 Premium Conversion Plan .......................................................................................... 58 Prevailing Section ....................................................................................................... 58 Probationary Period .................................................................................................... 59 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion ..... 66 February 9, 2016 Official Minutes 144 Professional Advisory Committee ............................................................................... 83 Program Design .......................................................................................................... 43 Promotion .................................................................................................................... 61 Promotion Policy ......................................................................................................... 62 Promotion via Reclassification Without Examination .................................................. 62 Public Defender Investigator Professional Expenses .................................................. 71 Purpose of Sick Leave ................................................................................................ 31 Rate Information.......................................................................................................... 58 Reassignment of Laid Off Employees ......................................................................... 26 Regular Appointment .................................................................................................. 60 Reimbursement for Use of Personal Vehicle .............................................................. 73 Reimbursement For Meal Expense ............................................................................. 76 Reinstatement From Family Care/Medical Leave ....................................................... 48 Rejection During Probation/Appeal ............................................................................. 60 Rejection During Probation of Layoff Employee.......................................................... 61 Release Time for Examinations .................................................................................. 63 Release Time for Physical Examination ...................................................................... 63 Requirements for Promotional Standing ..................................................................... 62 Resignations ............................................................................................................... 63 Resignation in Good Standing .................................................................................... 63 Resignation Procedure ................................................................................................ 63 Retirement ................................................................................................................... 69 Retirement Benefits – Employees Who Become Members of CCCERA After December 31, 2012 ........................................................ 70 Retirement Coverage .................................................................................................. 51 Revised Probationary Period ....................................................................................... 59 Revocation .................................................................................................................. 64 Safety in the Workplace .............................................................................................. 83 Salaries ....................................................................................................................... 10 Salary on Involuntary Demotion .................................................................................. 14 Salary on Promotion .................................................................................................... 14 Salary on Voluntary Demotion..................................................................................... 14 Salary Reallocation & Salary on Reallocation ............................................................. 13 Salary Review While on Leave of Absence ................................................................ 48 Scope of Agreement ................................................................................................... 82 Scope of Agreement and Severability of Provisions ................................................... 82 Seniority Credits .......................................................................................................... 62 Separation Through Layoff .......................................................................................... 22 Service Award Date Defined ....................................................................................... 29 Service Awards ........................................................................................................... 76 Severability of Provisions ............................................................................................ 82 Sick Leave ................................................................................................................... 31 Skelly Requirements ................................................................................................... 64 Special Employment Lists ........................................................................................... 25 State Disability Insurance (SDI) .................................................................................. 41 Straight Time Pay and Straight Time Compensatory Time ......................................... 20 February 9, 2016 Official Minutes 145 Strike/Work Stoppage ................................................................................................. 69 Sufficient Cause for Action .......................................................................................... 64 Supplemental Life Insurance ....................................................................................... 57 Temporary Employee Grievances ............................................................................... 81 Temporary Employee Leave Benefits ......................................................................... 79 Temporary Employee Step Placement ....................................................................... 80 Temporary Employees ................................................................................................ 81 Time Limits .................................................................................................................. 69 Timestamp .................................................................................................................. 17 Training and Professional Expense Reimbursement .................................................. 70 Unauthorized Absence ................................................................................................ 48 Unfair Labor Practice .................................................................................................. 77 Union Dues ................................................................................................................. 81 Use of County Buildings ................................................................................................ 7 Vacation Accrual Rates – Investigator and Investigator Aide ...................................... 29 Vacation Allowance ..................................................................................................... 28 Vacation Allowance for Separated Employees ........................................................... 31 Vacation Buy-Back ...................................................................................................... 30 Vacation Leave and Paid Personal Leave .................................................................. 28 Vacation Leave on Reemployment From a Layoff List................................................ 28 Vacation Preference .................................................................................................... 31 Vehicle Costs .............................................................................................................. 73 Withdrawal of Membership............................................................................................ 7 Witness Duty ............................................................................................................... 49 Workers’ Compensation .............................................................................................. 38 Workforce Reduction .................................................................................................. 21 Workforce Reduction/Layoff/Reassignment ................................................................ 21 Written Statement for New Employees ......................................................................... 8 February 9, 2016 Official Minutes 146 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/80 In The Matter Of: Memorandum of Understanding with the Contra Costa County Defenders Association for the period of July 1, 2015 through June 30, 2018. The Contra County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa RESOLVES THAT: The Memorandum of Understandings (MOU) between Contra Costa County and the Contra Costa County Defenders Association providing for wages, benefits and other terms and conditions of employment for the period beginning July 1, 2015 through June 30, 2018, for those classifications represented by the Contra Costa County Defenders Association are ADOPTED. A copy of the MOU is attached. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources, Ann Elliott, Employee Benefits Manager, Robin Lipetzky, Public Defender 4 1 February 9, 2016 Official Minutes 147 February 9, 2016Official Minutes148 RECOMMENDATION(S): ACCEPT the 2014 report of real estate acquisition acceptances dated January 1, 2014 – December 31, 2014 approved by the Public Works Director for the acquisitions of any interest in real property where the purchase price for the real property interest did not exceed $50,000. ACCEPT the 2015 report of real estate acquisition acceptances dated January 1, 2015 – December 31, 2015 approved by the Public Works Director for the acquisitions of any interest in real property where the purchase price for the real property interest did not exceed $100,000. FISCAL IMPACT: No fiscal impact. BACKGROUND: Pursuant to Contra Costa County, Ordinance Code, Title 11, Division 1108, Chapter 1108-8.002, which was amended effective January 1, 2015, “The Board of Supervisors authorizes the Public Works Director, or the designated Deputy, to perform all acts necessary to approve and accept for the County the acquisition of any interest in real property where the purchase APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Karen Laws, 925-313-2228 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:2014 and 2015 reports of real estate acquisition acceptances dated January 1, 2014 - December 31, 2015. February 9, 2016 Official Minutes 149 BACKGROUND: (CONT'D) price for the real property interest does not exceed one hundred thousand dollars.” The previous amount was not to exceed $50,000. The Public Works Director shall submit a semi-annual report to the Board of Supervisors on each acquisition done pursuant to this section, including the interest acquired, its price, and the necessity for the purchase, which is described in the attached Semi-Annual Acceptance Report. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors would not be informed of the acquisitions accepted by the Public Works Director pursuant to Contra Costa County Ordinance Code. ATTACHMENTS 2014 Report 2015 Report February 9, 2016 Official Minutes 150 2014 Report of Real Estate Acquisition Certificate of Acceptances CERT. NO.AREA PROJECT/PURPOSE INTEREST PRICE 14-56 Alamo Livorna Road/Wilson Road Intersection Improvements Grant Deed N/A 14-57 Alamo Livorna Road/Wilson Road Intersection Improvements Easement N/A 14-64 Alamo Livorna Road/Wilson Road Intersection Improvements Grant of Easement N/A 14-08 Antioch SR4 Somersville 160 (Seg 3B) Fee $4,800.00 14-39 Brentwood SR4 Bypass Authority Relinquishment of Access Rights N/A 14-40 Brentwood Orwood Road Bridge Replacement Fee & TCE* $7,500.00 14-48 Brentwood Orwood Road Bridge Replacement Offer of Dedication N/A 14-52 Brentwood Orwood Road Bridge Replacement Offer of Dedication (Portion)N/A 14-42 Byron Vasco Road Safety Improvements Access Rights $9,520.00 14-04 Clayton Marsh Creek Wingwall Repair Offer of Dedication Acceptance N/A 14-13 Clayton Marsh Creek Road Safety Improvements Slope Easement & TCE*$7,000.00 14-34 Clayton Marsh Creek Wingwall Repair Offer of Dedication N/A 14-49 Clayton Marsh Creek Bridge Scour Repair Offer of Dedication N/A 14-60 Clayton Marsh Creek Road Safety Improvements at Deer Valley Fee & TCE* $4,500.00 14-61 Clayton Marsh Creek Road Safety Improvements at Deer Valley Offer of Dedication for Road Purposes N/A 14-41 6/24/14 El Cerrito San Pablo Dam Road Walkability TCE* $4,200.00 14-43 El Cerrito San Pablo Dam Road Walkability Fee & TCE* $20,000.00 14-44 El Cerrito San Pablo Dam Road Walkability TCE* $500.00 14-45 El Cerrito San Pablo Dam Road Walkability TCE* $4,000.00 14-05 El Sobrante San Pablo Dam Road Walkability Offer of Dedication Acceptance N/A 14-06 El Sobrante San Pablo Dam Road Walkability Offer of Dedication Temporary Acceptance N/A 14-09 El Sobrante San Pablo Dam Road Walkability TCE* $2,200.00 14-10 El Sobrante San Pablo Dam Road Walkability TCE* $1,250.00 Page 1 of 3 *TCE - Temporary Construction EasementFebruary 9, 2016 Official Minutes 151 2014 Report of Real Estate Acquisition Certificate of Acceptances CERT. NO.AREA PROJECT/PURPOSE INTEREST PRICE 14-14 El Sobrante San Pablo Dam Road Walkability TCE* $1,100.00 14-15 El Sobrante San Pablo Dam Road Walkability Fee & TCE* $17,400.00 14-16 El Sobrante San Pablo Dam Road Walkability TCE* $5,100.00 14-17 El Sobrante San Pablo Dam Road Walkability TCE* $530.00 14-18 El Sobrante San Pablo Dam Road Walkability TCE* $1,700.00 14-19 El Sobrante San Pablo Dam Road Walkability TCE* $1,250.00 14-20 El Sobrante San Pablo Dam Road Walkability TCE* $2,000.00 14-21 El Sobrante San Pablo Dam Road Walkability TCE* $1,000.00 14-22 El Sobrante San Pablo Dam Road Walkability TCE* $1,500.00 14-23 El Sobrante San Pablo Dam Road Walkability TCE* $2,800.00 14-24 El Sobrante San Pablo Dam Road Walkability TCE* $5,500.00 14-25 El Sobrante San Pablo Dam Road Walkability Fee & TCE* $9,900.00 14-26 El Sobrante San Pablo Dam Road Walkability TCE* $3,150.00 14-27 El Sobrante San Pablo Dam Road Walkability Fee & TCE $25,100.00 14-28 El Sobrante San Pablo Dam Road Walkability TCE* $1,244.00 14-31 El Sobrante San Pablo Dam Road Walkability TCE* $2,300.00 14-32 El Sobrante San Pablo Dam Road Walkability TCE* $3,000.00 14-33 El Sobrante San Pablo Dam Road Walkability TCE* $3,500.00 14-35 El Sobrante San Pablo Dam Road Walkability TCE* $4,150.00 14-36 El Sobrante San Pablo Dam Road Walkability Fee & TCE* $2,800.00 14-37 El Sobrante San Pablo Dam Road Walkability Fee & TCE* $12,200.00 14-38 El Sobrante San Pablo Dam Road Walkability Fee & TCE* $8,800.00 14-51 El Sobrante Hillside Drive Sidewalk Gap Closure TCE* $500.00 14-03 Martinez Pacheco Boulevard Sidewalk Gap Closure - Phase II Offer of Dedication Acceptance N/A Page 2 of 3 *TCE - Temporary Construction EasementFebruary 9, 2016 Official Minutes 152 2014 Report of Real Estate Acquisition Certificate of Acceptances CERT. NO.AREA PROJECT/PURPOSE INTEREST PRICE 14-07 Martinez Alhambra Valley Road Safety Improvements Grant of Easement $1,700.00 14-50 Martinez Pacheco Boulevard Sidewalk Gap Closure - Phase II Fee $24,100.00 14-53 Martinez Pacheco Boulevard Sidewalk Gap Closure - Phase II TCE*$500.00 14-59 Martinez Pacheco Boulevard Sidewalk Gap Closure - Phase II Fee & TCE* $15,200.00 14-63 Martinez Pacheco Boulevard Sidewalk Gap Closure - Phase II Offer of Dedication N/A 14-01 San Pablo I-80 San Pablo Dam Road Interchange Grant Deed & TCE* $21,000.00 14-02 San Pablo I-80 San Pablo Dam Road Interchange Grant Deed & TCE* $24,531.00 14-11 San Pablo I-80 San Pablo Dam Road Interchange TCE* $9,400.00 14-12 San Pablo I-80 San Pablo Dam Road Interchange Fee $9,000.00 14-30 San Pablo I-80 San Pablo Dam Road Interchange TCE* $14,500.00 14-41 6/23/14 San Pablo San Pablo Dam Road Walkability Aerial Easement & TCE*$5,050.00 14-47 7/23/14 San Pablo San Pablo Dam Road Walkability TCE* $9,500.00 14-47 8/19/14 San Pablo San Pablo Dam Road Walkability TCE* $1,650.00 14-55 San Pablo I-80 San Pablo Dam Road Interchange Aerial Easement N/A 14-62 San Pablo I-80 San Pablo Dam Road Interchange Improvement Grant of Easement N/A 14-58 San Ramon Dougherty Road Slope & Access Easement Offer of Dedication of Slope & Access (for recording purposes only) N/A 14-29 14-46 Voided Voided Page 3 of 3 *TCE - Temporary Construction EasementFebruary 9, 2016 Official Minutes 153 2015 Report of Real Estate Acquisition Certificate of Acceptances CERT. NO.AREA PROJECT/PURPOSE INTEREST PRICE 15-02 Antioch SR4 Somersville 160 (Seg 3B) Grant of Easement N/A 15-03 Antioch SR4 Somersville 160 (Seg 3B) Grant of Easement N/A 15-04 Antioch SR4 Somersville 160 (Seg 3B) Fee & Slope Easement N/A 15-10 Antioch SR4 Somersville 160 (Seg 3B) Fee N/A 15-11 Antioch SR4 Somersville 160 (Seg 3B) TCE*$40,000.00 15-05 Brentwood SR4 Bypass Authority - Balfour Road Interchange Relinquishment of Access Rights N/A 15-06 Brentwood SR4 Bypass Authority - Balfour Road Interchange Quitclaim Deed N/A 15-07 Brentwood SR4 Bypass Authority - Balfour Road Interchange Quitclaim Deed N/A 15-08 Brentwood SR4 Bypass Authority - Balfour Road Interchange Relinquishment of Access Rights N/A 15-12 Brentwood SR4 Bypass Authority TCE*$4,700.00 15-16 Brentwood Balfour Road Widening Easement $6,800.00 15-14 Byron LP 91-2078 - Byron Airport Avigation Easement N/A 15-20 Byron Byron Highway at Camino Diablo Grant Deed $21,600.00 15-09 Concord 2090 Commerce Drive Settlement Agreement N/A 15-13 Danville Subdivision 9315 Offer of Dedication - PUE* (Recording N/A 15-21 Danville Alamo Creek - SD 15-09314 Offer of Dedication N/A 15-19 El Sobrante San Pablo Dam Road Walkability Grant Deed $20,000.00 15-01 Martinez Pacheco Boulevard Sidewalk Gap Closure - Phase II TCE*$5,000.00 15-17 Martinez Alhambra Valley Road Safety Improvements Grant Deed $700.00 15-18 Martinez Alhambra Valley Road Safety Improvements Grant Deed, Slope Easement & TCE*$8,500.00 15-15 Pittsburg SR4 Railroad to Loveridge Quitclaim Deed N/A *TCE - Temporary Construction Easement *PUE - Public Utilities EasementFebruary 9, 2016 Official Minutes 154 RECOMMENDATION(S): APPROVE the Iron Horse Corridor-Hookston Station Landscape Improvements (#270-1301), Phase II Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project. Pleasant Hill area. (County Project No. WH387B / WO#5592, DCD-CP#15-40) (District IV) DETERMINE the Project is a California Environmental Quality Act (CEQA), Categorical Exemption Class 1(c), pursuant to Article 19, Section 15301 of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director 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% East Bay Regional Park District Measure WW funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: L. 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE the Iron Horse Corridor-Hookston Station Landscape Improvements (#270-1301), Phase II Project and related CEQA actions, Pleasant Hill area. February 9, 2016 Official Minutes 155 BACKGROUND: The purpose of the Project is to install landscape improvements (approximately 1,400 linear feet) along a section of the Iron Horse Corridor at Hookston Station, between Hookston Road and Mayhew Way in the Pleasant Hill area. The Project consists of installing irrigation piping systems, tree and shrubbery plantings, and other landscaping improvements. The Project also includes installing approximately 1,000 linear feet of asphalt concrete on an existing earthen path that roughly parallels this section of the Iron Horse Trail for alternative pedestrian use. Pedestrians will be able to use the alternative pedestrian paved path, allowing bicycles to utilize the adjacent Iron Horse Trail. 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 CEQA Documents February 9, 2016 Official Minutes 156 February 9, 2016 Official Minutes 157 February 9, 2016Official Minutes158 February 9, 2016 Official Minutes 159 February 9, 2016 Official Minutes 160 G:\engsvc\ENVIRO\Capital Projects-Facilities\Iron Horse Corridor-Hookston Sta. Landscape Improve.-Ph. II (WO#5592)\NOE (2016 fees).doc Form Revised: December 2016 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: Iron Horse Corridor-Hookston Station Landscape Improvements(#270-1301), Phase II Project No.: WH387B / WO#5592 CP#15-40 Project Applicant: Contra Costa County Public Works Department Project Location – Specific: Iron Horse Corridor between Hookston Rd. and Mayhew Way Project Location: Pleasant Hill, California Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: The purpose of this Project is to install landscape improvements (approximately 1,400 LF) along a section of the Iron Horse Corridor at Hookston Station, between Hookston Road and Mayhew Way in the Pleasant Hill area. The Project consists of installing irrigation piping systems, tree and shrubbery plantings, and other landscaping improvements. The Project also includes installing approximately 1,000 linear feet of asphalt concrete on an existing earthen path that roughly parallels this section of the Iron Horse Trail for alternative pedestrian use. Pedestrians will be able to use the alternative pedestrian paved path, allowing bicycles to utilize the adjacent Iron Horse Trail. Since the Project area was previously occupied by Southern Pacific Railroad until 1978 and is an active SLIC (Spills, Leaks, Investigations and Cleanup) case currently under the oversight of the Regional Water Quality Control Board, the County hired ENGEO, Inc. to conduct soil analysis, prepare a Remedial Investigation Report (Report), and develop a Work Plan in support of the Project. Contra Costa County Health Services (CCCHS) reviewed and approved the Report and Work Plan. Pursuant to the Report and Work Plan, during construction appropriate Best Management Practices (BMPs) will be implemented for the Project including soil stockpile management and testing, construction dust management, and other recommendations identified in the Report and Work Plan. Real property transactions including right-of-way may be necessary in support of the Project. General Plan Conformance may be necessary from the City of Pleasant Hill. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: Class 1(c) Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Code No.: Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability [Article 5, Section 15061 (b)(3)] Reasons why project is exempt: The project consists of the minor alteration of existing facilities or public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination, pursuant to section 15301(c) of the CEQA guidelines. Lead Agency Contact Person: Trina R. Torres - Public Works Dept. Area Code/Telephone/Extension: (925) 313-2176 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,070.00 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,210.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Trina Torres County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2176 February 9, 2016 Official Minutes 161 RECOMMENDATION(S): APPROVE the Canal Road Bridge Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Bay Point area. [Project No.0662-6R-4080, DCD-CP#11-58 (District V)], and FIND, on the basis of the Initial Study/Mitigated Negative Declaration and all comments received and staff responses contained herein, that there is no substantial evidence the Project may have significant effect on the environment, and ADOPT the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program in compliance with the California Environmental Quality Act (CEQA), pursuant to Article 6, Section 15070(a), (the custodian of which is the Department of Conservation and Development Director who is located at 30 Muir Road, Martinez, CA), and DIRECT the Director of Conservation and Development to file a Notice of Determination with the County Clerk, and AUTHORIZE the Public Works Director to arrange for payment of $2210.25 for California Department of Fish and Wildlife fees, a $50 fee to the County Clerk for filing the Notice of Determination, and a $25 fee to Department of Conservation and Development for processing. FISCAL IMPACT: 88% Federal Highway Bridge Program, 12% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Public Works, Finance - L. Mangabay, Public Works, Environmental, L. Chavez, Public Works, Design/Construction, N. Leary C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE the Canal Road Bridge Project (Project) and related actions under the California Environmental Quality Act. February 9, 2016 Official Minutes 162 BACKGROUND: The purpose of this project is to replace the existing structurally deficient bridge that carries Canal Road over the Contra Costa Canal, with one that meets current load and functional standards for public safety. The Project consists of bridge replacement; raising the roadway and bridge profile by as much as 3.5 feet; reconstruction of the existing roadway; reconstruction/raising the canal maintenance access roads at all four corners of the bridge and adjacent driveways to conform between the raised road profile and the existing terrain; removal of an existing pedestrian bridge because those facilities will be incorporated into the new bridge, and accompanying utility relocation and right-of-way transactions. Tree and shrubbery removal and trimming will be necessary in support of the Project. A full detour will be necessary. Emergency vehicles will be re-routed in some cases but access will be maintained. 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 Notice of Determination Comments & Responses Final CEQA February 9, 2016 Official Minutes 163 CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION Authority cited: Sections 21083, Public Resources Code. Reference Section 21000-21174, Public Resources Code. \\PW-DATA\grpdata\engsvc\ENVIRO\TransEng\Canal Bridge WO4080\CEQA\Admin D4 DCD\Sent to DCD Nov 2\Canal NOD-template.doc Form updated December 2014 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 State Clearinghouse Number: SCH# 2015122067 Project Title: 0662-6R-4080 and CP#11-58 Project Applicant: Contra Costa County Public Works Department Project Location: The project is located 0.5 mile west of Bailey Road, located in the community of Bay Point in the north-central area of Contra Costa County. Project Description: The purpose of this project is to replace an existing bridge that carries Canal Road over the Contra Costa Canal. The Project consists of bridge replacement; raising the roadway and bridge profile by as much as 3.5 feet; reconstruction of the existing roadway; reconstruction/raising the canal maintenance access roads at all four corners of the bridge and adjacent driveways to conform between the raised road profile and the existing terrain; removal of an existing pedestrian bridge because those facilities will be incorporated into the new bridge, and accompanying utility relocation and right-of-way transactions. Tree and shrubbery removal and trimming will be necessary in support of the Project. In order to minimize damage to trees, any roots exposed during construction activities will be clean cut and tree branches will be trimmed. There will be no deck drains on the new bridge. Storm water runoff will be captured in a new inlet and runoff in the roadway over the entire project will be directed to a new inlet at the northeast corner of the Project and be conveyed into the existing 42” storm drain. A full detour will be necessary. Emergency vehicles will be re-routed in some cases but access will be maintained. The project was approved on: 1. The project [ will will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [ was was not] adopted for this project. 5. A statement of Overriding Considerations [ was was not] adopted for this project. 6. Findings [ were were not] made pursuant to the provisions of CEQA. Notice of Determination sent to Office of Planning and Research.* This is to certify that the final EIR with comments and responses and record of project approval, or the Mitigated Negative Declaration, is available to the General Public at: Contra Costa County Public Works Department 255 Glacier Drive, Martinez, CA 94553 Signature (Contra Costa County): Title: Date: Date Received for filing at OPR: 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 not ice will remain posted for 30 days from the filing date. Signature Title: Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,069.75 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,210.00 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Ave’ Brown County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2311 *Notice of Determination may be sent by fax to (916) 323-3018, if followed up with a duplicate mailed copy. February 9, 2016 Official Minutes 164 February 9, 2016 Official Minutes 165 February 9, 2016 Official Minutes 166 February 9, 2016 Official Minutes 167 February 9, 2016 Official Minutes 168 February 9, 2016 Official Minutes 169 February 9, 2016 Official Minutes 170 February 9, 2016 Official Minutes 171 February 9, 2016 Official Minutes 172 February 9, 2016 Official Minutes 173 February 9, 2016 Official Minutes 174 February 9, 2016 Official Minutes 175 February 9, 2016 Official Minutes 176 February 9, 2016 Official Minutes 177 February 9, 2016 Official Minutes 178 February 9, 2016 Official Minutes 179 February 9, 2016 Official Minutes 180 February 9, 2016 Official Minutes 181 February 9, 2016 Official Minutes 182 February 9, 2016 Official Minutes 183 February 9, 2016 Official Minutes 184 February 9, 2016 Official Minutes 185 February 9, 2016 Official Minutes 186 February 9, 2016 Official Minutes 187 February 9, 2016 Official Minutes 188 February 9, 2016 Official Minutes 189 February 9, 2016 Official Minutes 190 February 9, 2016 Official Minutes 191 February 9, 2016 Official Minutes 192 February 9, 2016 Official Minutes 193 February 9, 2016 Official Minutes 194 February 9, 2016 Official Minutes 195 February 9, 2016 Official Minutes 196 February 9, 2016 Official Minutes 197 February 9, 2016 Official Minutes 198 February 9, 2016 Official Minutes 199 February 9, 2016 Official Minutes 200 February 9, 2016 Official Minutes 201 February 9, 2016 Official Minutes 202 February 9, 2016 Official Minutes 203 February 9, 2016 Official Minutes 204 February 9, 2016 Official Minutes 205 February 9, 2016 Official Minutes 206 February 9, 2016 Official Minutes 207 February 9, 2016 Official Minutes 208 February 9, 2016 Official Minutes 209 February 9, 2016 Official Minutes 210 February 9, 2016 Official Minutes 211 February 9, 2016 Official Minutes 212 February 9, 2016 Official Minutes 213 February 9, 2016 Official Minutes 214 February 9, 2016 Official Minutes 215 February 9, 2016 Official Minutes 216 February 9, 2016 Official Minutes 217 February 9, 2016 Official Minutes 218 February 9, 2016 Official Minutes 219 February 9, 2016 Official Minutes 220 February 9, 2016 Official Minutes 221 February 9, 2016 Official Minutes 222 February 9, 2016 Official Minutes 223 February 9, 2016 Official Minutes 224 February 9, 2016 Official Minutes 225 February 9, 2016 Official Minutes 226 February 9, 2016 Official Minutes 227 February 9, 2016 Official Minutes 228 February 9, 2016 Official Minutes 229 February 9, 2016 Official Minutes 230 February 9, 2016 Official Minutes 231 February 9, 2016 Official Minutes 232 February 9, 2016 Official Minutes 233 February 9, 2016 Official Minutes 234 February 9, 2016 Official Minutes 235 February 9, 2016 Official Minutes 236 February 9, 2016 Official Minutes 237 February 9, 2016 Official Minutes 238 February 9, 2016 Official Minutes 239 February 9, 2016 Official Minutes 240 February 9, 2016 Official Minutes 241 February 9, 2016 Official Minutes 242 February 9, 2016 Official Minutes 243 February 9, 2016 Official Minutes 244 February 9, 2016 Official Minutes 245 February 9, 2016 Official Minutes 246 February 9, 2016 Official Minutes 247 February 9, 2016 Official Minutes 248 February 9, 2016 Official Minutes 249 February 9, 2016 Official Minutes 250 February 9, 2016 Official Minutes 251 February 9, 2016 Official Minutes 252 February 9, 2016 Official Minutes 253 February 9, 2016 Official Minutes 254 February 9, 2016 Official Minutes 255 February 9, 2016 Official Minutes 256 February 9, 2016 Official Minutes 257 RECOMMENDATION(S): ADOPT Resolution No. 2016/73 approving and authorizing the Public Works Director, or designee, to partially close a portion of Willow Pass Road between Marin Avenue and Manor Drive, on May 30, 2016 from 10:00 a.m. through 11:00 a.m., for the purpose of Bay Point Spring Derby Parade, Bay Point area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Bob Hendry, 925-674-7744 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Close a portion of Willow Pass Road between Marin Avenue and Manor Drive, on May 30, 2016 for Bay Point Spring Derby Parade, Bay Point area. February 9, 2016 Official Minutes 258 AGENDA ATTACHMENTS Resolution No. 2016/73 MINUTES ATTACHMENTS Signed: Resolution No. 2016/73 February 9, 2016 Official Minutes 259 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/73 Approving and Authorizing the Public Works Director, or designee, to partially close a portion of Willow Pass Road between Marin Avenue and Manor Drive, on May 30, 2016 from 10:00 a.m. through 11:00 a.m., for the purpose of Bay Point Spring Derby Parade, Bay Point area. (District V) RC 16-1 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Bay Point Garden Club to partially close Willow Pass Road between Marin Avenue and Manor Drive, except for emergency traffic, on May 30, 2016 for the period of 10:00 a.m. through 11:00 a.m., subject to the following conditions: 1. Traffic will be detoured via neighboring street per traffic control plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Bay Point Garden Club shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry, 925-674-7744 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 4 1 February 9, 2016 Official Minutes 260 February 9, 2016Official Minutes261 RECOMMENDATION(S): ADOPT Resolution No. 2016/75 accepting as complete the contracted work performed by Granite Rock Company for the Marsh Creek Road Safety Improvements Project, as recommended by the Public Works Director, Clayton area. Project No. 0662-6R4025-15 FISCAL IMPACT: Project was funded by 49.5% High Risk Rural Road (HRRR) Funds, 7.2% Proposition 1B Funds, 34.8% East County Area of Benefit Funds, and 8.5% Contra Costa Water District 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 December 18, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Notice of Completion of Contract for the Marsh Creek Road Safety Improvements Project, Clayton area. February 9, 2016 Official Minutes 262 CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. AGENDA ATTACHMENTS Resolution No. 2016/75 MINUTES ATTACHMENTS Signed: Resolution No. 2016/75 February 9, 2016 Official Minutes 263 Recorded at the request of:Clerk of the Board Return To:Public Works, Design/Construction Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE:Candace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:John Gioia, District I Supervisor ABSTAIN: RECUSE: Resolution No. 2016/75 In the Matter of Accepting and Giving Notice of Completion of Contract for the Marsh Creek Road Safety Improvements Project, Clayton area. Project No. 0662-6R4025-15 WHEREAS the Board of Supervisors RESOLVES that on June 16, 2015, the County contracted with Granite Rock Company, for the work generally consisting of realigning the existing curve, both horizontally and vertically. A 22 foot wide detour road was built south of existing project to detour traffic off the existing road during realignment. A steel crib wall and Midwest guardrail system were installed off the new north edge of paved shoulder. Work also included drainage ditches, driveway culverts, signing, striping and utility coordination for utility to relocate a 4 inch CCWD waterline and AT&T joint poles, and temporary removal of a call box in the Clayton area, with Western Surety Company as surety, for work performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of December 18, 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: February 9, 2016 Official Minutes 264 February 9, 2016Official Minutes265 RECOMMENDATION(S): ADOPT Resolution No. 2016/72 accepting completion of landscape improvements for a Subdivision Agreement (Right of Way Landscaping) for subdivision SD99-08306, 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: 100% Developer Fees. The funds to be released are developer fees that have been held on deposit. BACKGROUND: The developer has completed the landscape improvements per the Subdivision Agreement (Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Accepting completion of landscape improvements for subdivision SD99-08306, San Ramon (Dougherty Valley) area. February 9, 2016 Official Minutes 266 AGENDA ATTACHMENTS Resolution No. 2016/72 MINUTES ATTACHMENTS Signed: Resolution No. 2016/72 February 9, 2016 Official Minutes 267 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 02/09/2016 by the following vote: AYE:Candace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:John Gioia, District I Supervisor ABSTAIN: RECUSE: Resolution No. 2016/72 IN THE MATTER OF accepting completion of landscape improvements for a Subdivision Agreement (Right of Way Landscaping) for subdivision SD99-08306, 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) These improvements are approximately located near Bollinger Canyon Road. WHEREAS, the Public Works Director has notified this Board that the landscaping improvements for subdivision SD99-08306, have been completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, heretofore approved by this Board. NOW, THEREFORE, BE IT RESOLVED that the landscape improvements have been COMPLETED as of February 9, 2016, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right of Way Landscaping): DATE OF AGREEMENT: August 14, 2007 NAME OF SURETY: Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $384,350.00, Bond No. 024022285 issued by the above surety be RETAINED for the six month lien guarantee period until July 9, 2016, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the landscaping improvements for subdivision SD99-08306, as shown and dedicated for public use on the Final Map of Subdivision SD99-08306, filed August 1, 2006, in Book 492 of maps at Page 47, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that there is no warranty and maintenance period required, and the Public Works Director is AUTHORIZED to refund the $7,700.00 cash security for performance (Auditor's Deposit Permit No. DP486154, dated July 5, February 9, 2016 Official Minutes 268 2007) plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement (Right of Way Landscaping) and surety bond, Bond No. 024022285, dated June 15, 2007 are exonerated. 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: February 9, 2016 Official Minutes 269 February 9, 2016Official Minutes270 February 9, 2016Official Minutes271 RECOMMENDATION(S): ADOPT Resolution No. 2016/71 accepting completion of warranty period for the Subdivision Agreement (Right of Way Landscaping) and release of cash deposit for faithful performance, for subdivision SD05-08943, for a project 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: 100% Developer Fees. The funds to be released are developer fees that have been held on deposit. BACKGROUND: The landscape improvements have met the guarantee performance standards for the warranty period following completion and acceptance of the improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction Division, Dept. of Development & Conservation - Planning, Shapell Homes, , 6800 Koll Center Pkwy., Ste. 320, Pleasanton, CA 94566, Liberty Mutual Insurance Co. 505 S. Main St., Ste. 830, Orange, CA 92868, City of San Ramon - C. Low, Engineering Services Originator: J. Hernandez C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Accepting completion of warranty period for Subdivision Agreement (Right of Way Landscaping) SD05-08943, San Ramon (Dougherty Valley) area. February 9, 2016 Official Minutes 272 CONSEQUENCE OF NEGATIVE ACTION: The developer will not receive a refund of the cash deposit, the Subdivision Agreement (Right of Way Landscaping) and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed. CHILDREN'S IMPACT STATEMENT: AGENDA ATTACHMENTS Resolution No. 2016/71 MINUTES ATTACHMENTS Signed: Resolution No. 2016/71 February 9, 2016 Official Minutes 273 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 02/09/2016 by the following vote: AYE:Candace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:John Gioia, District I Supervisor ABSTAIN: RECUSE: Resolution No. 2016/71 IN THE MATTER OF accepting completion of warranty period for the Subdivision Agreement (Right of Way Landscaping) and release of cash deposit for faithful performance, for subdivision SD05-08943, for a project 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 On June 5, 2012, this Board resolved that the landscape improvements in subdivision SD05-08943 were completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to REFUND the $4,700.00 cash deposit (Auditor’s Deposit Permit No. 492845, dated November 15, 2007) plus interest to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation in accordance with Government Code Section 53079, if appropriate, Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No.024028234, dated November 27, 2007, issued by Liberty Mutual Insurance Company, are exonerated. 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy February 9, 2016 Official Minutes 274 cc: Design/Construction Division, Dept. of Development & Conservation - Planning, Shapell Homes, , 6800 Koll Center Pkwy., Ste. 320, Pleasanton, CA 94566, Liberty Mutual Insurance Co. 505 S. Main St., Ste. 830, Orange, CA 92868, City of San Ramon - C. Low, Engineering Services Originator: J. Hernandez February 9, 2016 Official Minutes 275 February 9, 2016Official Minutes276 RECOMMENDATION(S): ADOPT Resolution No. 2016/60 accepting the Grant Deed of Development Rights for minor subdivision MS13-00006, for a project being developed by Kimberli R. Edmonson and Clifford Edmonson, as recommended by the Public Works Director, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Grant Deed of Development Rights (Creek Structural Setback) is required per Condition of Approval No. 46. CONSEQUENCE OF NEGATIVE ACTION: The Grant Deed of Development Rights (Creek Structural Setback) will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Engineering Services Originator: C. Tom, Dept. of Development & Conservation - Planning, Kevin Degnan, 250 Likely Drive, Alamo, CA 94507, Jeff Dudum, DUDUMCORP, P.O. BOX 121, Alamo, CA 94507, Kimberli and Clifford Edmondson, 2342 Stone Valley Road, Alamo, CA 94507 C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Accepting the Grant Deed of Development Rights (Creek Structural Setback) for minor subdivision MS13-00006, Alamo area. February 9, 2016 Official Minutes 277 AGENDA ATTACHMENTS Resolution No. 2016/60 Grant Deed of Development Rights MINUTES ATTACHMENTS Signed: Resolution No. 2016/60 Signed: Grant Deed of Development Rights February 9, 2016 Official Minutes 278 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 02/09/2016 by the following vote: AYE:Candace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:John Gioia, District I Supervisor ABSTAIN: RECUSE: Resolution No. 2016/60 IN THE MATTER OF accepting the Grant Deed of Development Rights (Creek Structural Setback) for minor subdivision MS13-00006, for a project being developed by Kimberli R. Edmondson and Clifford Edmondson, as recommended by the Public Works Director, Alamo area. (District II) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT: Grant Deed of Development Rights (Creek Structural Setback) REFERENCE: APN: 193-252-027 GRANTOR: Kimberli R. Edmondson and Clifford Edmondson AREA: Alamo 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Engineering Services Originator: C. Tom, Dept. of Development & Conservation - Planning, Kevin Degnan, 250 Likely Drive, Alamo, CA 94507, Jeff Dudum, DUDUMCORP, P.O. BOX 121, Alamo, CA 94507, Kimberli and Clifford Edmondson, 2342 Stone Valley Road, Alamo, CA 94507 February 9, 2016 Official Minutes 279 February 9, 2016 Official Minutes 280 February 9, 2016 Official Minutes 281 February 9, 2016 Official Minutes 282 February 9, 2016 Official Minutes 283 February 9, 2016 Official Minutes 284 February 9, 2016 Official Minutes 285 February 9, 2016 Official Minutes 286 February 9, 2016Official Minutes287 February 9, 2016Official Minutes288 February 9, 2016Official Minutes289 February 9, 2016Official Minutes290 February 9, 2016Official Minutes291 February 9, 2016Official Minutes292 February 9, 2016Official Minutes293 February 9, 2016Official Minutes294 RECOMMENDATION(S): ADOPT Resolution No. 2016/70 approving the Final Map and Subdivision Agreement for subdivision SD 14-09297, for a project being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon area (Dougherty Valley) (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for subdivision SD14-09297 and has determined that all conditions of approval for the Final Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Final 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: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction, Dept. of Development & Conservation - Planning, City of San Ramon - C. Low, Shapell Homes, , 6800 Koll Center Pkwy., Ste. 320, Pleasanton, CA 94566, Hanover Insur. Co. 8259 S. Monarch Rd., San Ramon, CA 94583, Arch Insur. Co. 3 Parkway, Ste. 1500, Philadelphia, PA 19102, First American Title Company 1355 Willow Way, #100 Concord, CA 94520, T - 12-9-2017 C. 9 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Approving the Final Map and Subdivision Agreement for subdivision SD14-09297, San Ramon (Dougherty Valley) area. February 9, 2016 Official Minutes 295 AGENDA ATTACHMENTS Resolution No. 2016/70 Final Map & Agreement / Bonds MINUTES ATTACHMENTS Signed: Resolution No. 2016/70 February 9, 2016 Official Minutes 296 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 02/09/2016 by the following vote: AYE:Candace Andersen, District II SupervisorMary N. Piepho, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT:John Gioia, District I Supervisor ABSTAIN: RECUSE: Resolution No. 2016/70 IN THE MATTER OF approving the Final Map and Subdivision Agreement for subdivision SD14-09297, for a project being developed by Shapell Industries Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon area (Dougherty Valley). (District II) WHEREAS the following documents were presented for Board approval this date: 1. Map The final map of subdivision SD14-09297, a property located in the San Ramon (Dougherty Valley) area, Supervisorial District II, said map having been certified by the proper officials. 2. Subdivision Agreement A Subdivision Agreement with Shapell Industries, Inc., a Delaware Corporation, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within 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: $17,000 Auditor’s Deposit Permit No. 702475 Date: January 14, 2016 Submitted by: Toll Brother Inc. B. Surety Bond Bond Company: The Hanover Insurance Company Bond Number: 1013945 Date: December 28, 2015 Performance Amount: $1,670,000 Labor & Materials Amount: $ 843,500 Principal: Shapell Industries Inc., a Delaware Corporation 3. Tax Letter Letter from the County Tax collector stating that there are no unpaid County taxes heretofore levied on the property included in February 9, 2016 Official Minutes 297 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 $2,057,885.00, with security guaranteeing payment of said tax lien as follows: A. Tax Surety Posted under Tract 9297 Bond Company: Arch Insurance Company Bond Number: #SU1133215 Date: January 15, 2016 Amount: $ 2,057,885 Principal: Shapell Industries Inc., a Delaware Corporation 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 Final 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. All deposit permits are on file with the Public Works Department. 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Design/Construction, Dept. of Development & Conservation - Planning, City of San Ramon - C. Low, Shapell Homes, , 6800 Koll Center Pkwy., Ste. 320, Pleasanton, CA 94566, Hanover Insur. Co. 8259 S. Monarch Rd., San Ramon, CA 94583, Arch Insur. Co. 3 Parkway, Ste. 1500, Philadelphia, PA 19102, First American Title Company 1355 Willow Way, #100 Concord, CA 94520, T - 12-9-2017 February 9, 2016 Official Minutes 298 February 9, 2016 Official Minutes 299 February 9, 2016 Official Minutes 300 February 9, 2016 Official Minutes 301 February 9, 2016 Official Minutes 302 February 9, 2016 Official Minutes 303 February 9, 2016 Official Minutes 304 February 9, 2016 Official Minutes 305 February 9, 2016 Official Minutes 306 February 9, 2016 Official Minutes 307 February 9, 2016 Official Minutes 308 February 9, 2016 Official Minutes 309 February 9, 2016 Official Minutes 310 February 9, 2016 Official Minutes 311 February 9, 2016 Official Minutes 312 February 9, 2016 Official Minutes 313 February 9, 2016 Official Minutes 314 February 9, 2016 Official Minutes 315 February 9, 2016 Official Minutes 316 February 9, 2016 Official Minutes 317 February 9, 2016 Official Minutes 318 February 9, 2016Official Minutes319 February 9, 2016Official Minutes320 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to waive the Consumer Price Index rent adjustment for airport aviation tenants for a three-year period, starting April 1, 2016, and ending March 31, 2019. Concord and Byron Areas (District III and District IV). FISCAL IMPACT: This action has no direct financial impact on the County General Fund. The Airport Enterprise Fund will not recognize additional revenue estimated at $52,788 annually, based on a 2.6% Consumer Price Index factor. BACKGROUND: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 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 9, 2016 Contra Costa County Subject:Consumer Price Index Rent Adjustment Waiver for the Buchanan Field and Byron Airports February 9, 2016 Official Minutes 321 BACKGROUND: (CONT'D) In 2013, the Airports Division created and began a business retention and attraction program to strengthen and grow the Buchanan Field and Byron Airports. Airports staff convened an Economic Development Incentive Program (EDIP) process, which included a diverse working group representing leasehold tenants, businesses, flight clubs, County hangar and tie-down tenants, and the Aviation Advisory Committee, to help staff develop a program that would best help us to retain and attract new aviation tenants. EDIP participants identified 48 total desired projects and programs to meet the attraction and retention goals. The EDIP process was completed in late 2015 and included a top 3 projects/programs prioritization list for both airports, Buchanan Field and Byron Airport. One of the top priority items identified was to examine, and if deemed necessary adjust, the aviation use rents to make the airports more financially competitive. Airports staff conducted a market rate rent comparison and found that, in general, aviation rents at our airports are at the high end for the regional market, which could negatively affect our ability to attract new - retain existing- tenants. The County hangar tenants, which represent a majority of our tenancy, are scheduled to get a CPI rent increase on April 1, 2016. As such, to better attract and retain aviation tenants, a three-year CPI waiver is being requested starting April 1, 2016, and ending March 31, 2019, for aviation use tenants in order to make our aviation use rental rates more comparable to other regional general aviation airports. The CPI waiver is a crucial component in the County’s economic retention and development program for the airports. The Aviation Advisory Committee discussed and supported this item at its January 14, 2016 meeting. Staff will continue to work with the EDIP stakeholders as they develop a new Rates and Charges schedule for the Buchanan Field and Byron Airports. The Rates and Charges schedule will be vetted through the public process in advance of scheduling this item before the full Board of Supervisors for their review and approval. CONSEQUENCE OF NEGATIVE ACTION: Failure to implement a three-year CPI waiver will result in many airport tenants receiving a rent increase on April 1, 2016, which will make our rates even less competitive and may prompt a loss of aviation tenants, businesses and associated revenue. February 9, 2016 Official Minutes 322 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, or designee, of the Contra Costa County Flood Control and Water Conservation District to execute a license agreement between United States of America, by the Commandant of the Coast Guard, and Contra Costa County Flood Control and Water Conservation District, effective January 1, 2016 through December 31, 2021, for the installation and operation of a rain gauge located atop the main building at the Coast Guard Mount Diablo Communication Site, Clayton area. (Project No. WO8156) FISCAL IMPACT: No fiscal impact. BACKGROUND: The District monitors the collection of rain and stream gauge data, which also includes maintenance of rain and stream gauges throughout Contra Costa County. The approval of this license will terminate the hold-over tenancy covering use of the space that was in effect since June 1, 2008. The property owner has requested this license agreement include indemnification language. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Julie Carlson, 925-313-2133 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:License Agreement for a rain gauge at the Coast Guard Mount Diablo Communication Site. February 9, 2016 Official Minutes 323 CONSEQUENCE OF NEGATIVE ACTION: The District will not be able to continue to use the Coast Guard Mount Diablo Communication Site for rain gauge for data collecting. ATTACHMENTS License Agreement February 9, 2016 Official Minutes 324 February 9, 2016 Official Minutes 325 February 9, 2016 Official Minutes 326 February 9, 2016 Official Minutes 327 February 9, 2016 Official Minutes 328 February 9, 2016 Official Minutes 329 February 9, 2016 Official Minutes 330 February 9, 2016 Official Minutes 331 RECOMMENDATION(S): DENY claims filed by David Daniel, Eli Dominguez, Mary Duenas, Kamal Randhawa, Jeremy David Recht, Adam Shaner, Lorraine Stewart, and Jose Francisco Lopez Urquiza. DENY Application to File Late Claim by Ciara Chillous. FISCAL IMPACT: No fiscal impact. BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 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:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:claims February 9, 2016 Official Minutes 332 RECOMMENDATION(S): RECEIVE this report and AUTHORIZE payment in the amount of $387.19 for the loss suffered to employee David Brown's cellphone and service weapon which were damaged while performing his job duties. FISCAL IMPACT: Liability Internal Service Fund payment of $387.19. BACKGROUND: Sharon Hymes-Offord, Risk Manager for the County, recommends payment for personal property loss sustained by our County worker. The matter has been investigated by the Risk Management Division of the County Administrator's Office and determined that payment is appropriate under the Compensation for Loss or Damage to Personal Property Policy as outlined in the County Administrative Bulletin 518.2. The cleaning costs for the service weapon were $40.00 and the actual cash value of Mr. Brown's one year old Motorola Droid Max Cellphone is $347.19, for a total of $387.19. CONSEQUENCE OF NEGATIVE ACTION: The County employee would lose on the costs he had to bear to replace the phone and have his service weapon cleaned, both which are essential elements of his job duties. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Sharon Hymes-Offord 925-335-1442 I hereby certify that this is 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 9, 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:Sharon Offord Hymes, Risk Manager Date:February 9, 2016 Contra Costa County Subject:Personal Property Reimbursement February 9, 2016 Official Minutes 333 RECOMMENDATION(S): APPROVE Board meeting minutes for December 2015 and January 2026, as on file with the Office of the Clerk of the Board. FISCAL IMPACT: None. BACKGROUND: Government Code Section 25101(b) requires the Clerk of the Board to keep and enter in the minute book of the Board a full and complete record of the proceedings of the Board at all regular and special meetings, including the entry in full of all resolutions and of all decisions on questions concerning the allowance of accounts. The vote of each member on every question shall be recorded. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will fail to meet the requirements of Government Code Section 25101(b). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 14 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:APPROVE the Board Meeting minutes for December 2015 and January 2016 February 9, 2016 Official Minutes 334 RECOMMENDATION(S): In the Matter of recognizing Boy Scouts of America Troop 151 and the 100th anniversary. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Melissa Margain (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 19 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:February 9, 2016 Contra Costa County Subject:Boy Scout Troop 151 100th Anniversay February 9, 2016 Official Minutes 335 AGENDA ATTACHMENTS Resolution No. 2016/81 MINUTES ATTACHMENTS Signed Resolution No. 2016/81 February 9, 2016 Official Minutes 336 In the matter of:Resolution No. 2016/81 RECOGNIZING BOY SCOUT TROOP 151 FOR 100 YEARS OF VALE-BASED YOUTH DEVELOPMENT. WHEREAS, Boy Scout Troop 151 of Antioch, California is celebrating 100 years of value-based youth development and; WHEREAS, Troop 151 was founded six years after The Boy Scouts of America was established in 1910 and one of the oldest troops in California and; WHEREAS, Troop 151 focuses on programs consisting of traditional outdoor scouting activities such as camping, hiking, backpacking, sports and community service and; WHEREAS, The Boy Scouts of America provides a program for young people that builds character, trains them in the responsibilities of participating citizenship, and develops personal fitness and; WHEREAS, The Boy Scouts of America has helped build the future leaders of this country by combining educational activities and lifelong values and; WHEREAS, The Boy Scouts of America values include community service, community engagement, leadership development and are important parts of the program as youth lead their own activities and work their way toward earning Scouting’s highest rank, Eagle Scout and; WHEREAS, there are currently 855,000 Boy Scouts and 485,000 adult volunteers in the United States and; WHEREAS, The Boy Scouts of America through over a century of experience, has shown that helping youth is a key to building a more conscientious, responsible, and productive society. NOW, THEREFORE, BE IT RESOLVED THAT the Contra Costa County Board of Supervisors, hereby recognizes Boy Scouts of America Troop 151(Antioch, CA) for 100 years of value-based youth development. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, By: ____________________________________, Deputy February 9, 2016 Official Minutes 337 C.19 February 9, 2016 Official Minutes 338 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 9, 2016 Contra Costa County Subject:Proclaiming February 2016 Eligibility Workers' Month February 9, 2016 Official Minutes 339 AGENDA ATTACHMENTS Resolution No. 2016/74 MINUTES ATTACHMENTS Signed Resolution No. 2016/74 February 9, 2016 Official Minutes 340 In the matter of:Resolution No. 2016/74 Proclaiming February 2016 Eligibility Workers' Month WHEREAS, the Eligibility Workers in Contra Costa County are experts in the primary benefits programs of CalFresh, CalWORKs, Welfare-to-Work, Medi-Cal, General Assistance, Foster Care, Adoption Assistance Program, and KinGAP; and, WHEREAS, all programs have complex applications, and eligibility and case management processes; and, WHEREAS, Eligibility Workers in Contra Costa County interview customers to obtain critical information to determine eligibility as well as assist customers to receive benefits to which they may be entitled; and, WHEREAS, Eligibility Workers conduct home visits to aged and severely impaired individuals to determine Medi-Cal eligibility for In-Home Supportive Services (IHSS) applicants and recipients in Contra Costa County; and, WHEREAS, given the Department's "no wrong door" policy, the Eligibility Workers in Contra Costa County are meeting the challenge of becoming multi-program workers; and, WHEREAS, with Health Care Reform and the "no wrong door" service policy, the Eligibility Workers in Contra Costa County now have expanded duties to support this newly eligible population; and, WHEREAS, the Great Recession and Health Care Reform brought unprecedented numbers of people in need of assistance to our doors and the Eligibility Workers in Contra Costa County have stepped up to the challenge to provide that assistance with humanity and sensitivity through excellent and efficient customer service. Now, Therefore, Be It Resolved that the Contra Costa County Board of Supervisors hereby recognize the Eligibility Workers of Contra Costa County for their hard work in assisting the unprecedented number of people needing program and benefits assistance and health care coverage. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, By: ____________________________________, Deputy February 9, 2016 Official Minutes 341 PR.2, C.16 February 9, 2016 Official Minutes 342 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lauri Byers (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 17 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 9, 2016 Contra Costa County Subject:Resolution recognizing Anna Tague as the Orinda Association 2015 Volunteer of the Year. February 9, 2016 Official Minutes 343 AGENDA ATTACHMENTS Resolution No. 2016/76 MINUTES ATTACHMENTS Signed Resolution No. 2016/76 February 9, 2016 Official Minutes 344 In the matter of:Resolution No. 2016/76 Recognizing Anna Tague as the Orinda Association 2015 Volunteer of the Year. Whereas, Anna Tague has never been one to sit back, if she sees a need in the community, she finds a way to meet the need; and Whereas, Anna has spent countless hours working with the Orinda Juniors, the Community Center Auxiliary, the Orinda Association’s Seniors Around Town program, she has found time to organize Girl Scouts for Christmas caroling around her Sleepy Hollow neighborhood, and book readers at Sleepy Hollow Elementary School, all while raising her four children with her husband, Skip; and Whereas, Anna started new family welcome packets for new residents moving into Orinda, after remembering the difficulty she had figuring out where everything was and how to get started in a new community; and Whereas, Anna’s biggest contribution to Orinda and beyond is the establishment of POISE (Parents of Orinda Individuals in Special Education) founded in 2009; the organization provides support, information and mentorship for families with special needs children; and Whereas, Anna’s personal experience for POISE started when her youngest daughter was born with a rare genetic/chromosome deletion syndrome; and Whereas, Anna became involved with the Orinda Intermediate School’s Diverse Abilities Awareness Week educating students about different challenges and physical impairments; Anna took the program a step further and included parents and the community, establishing an open house and many hands on activities, she continues to help mentor families with special needs children; and Whereas, Anna believes it’s all about establishing connections and supporting the community. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby honor Anna Tague in recognition of her valuable role in Orinda and Contra Costa County. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, By: ____________________________________, Deputy February 9, 2016 Official Minutes 345 C.17 February 9, 2016 Official Minutes 346 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lauri Byers (925( 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 15 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 9, 2016 Contra Costa County Subject:Resolution recognizing Kevin M Reneau as the Moraga 2015 Business Person of the Year February 9, 2016 Official Minutes 347 AGENDA ATTACHMENTS Resolution No. 2016/63 MINUTES ATTACHMENTS Signed Resolution No. 2016/63 February 9, 2016 Official Minutes 348 In the matter of:Resolution No. 2016/63 recognizing Kevin M. Reneau as the Moraga 2015 Business Person of the Year. Whereas, Kevin Reneau is owner and CEO of Senior Helpers of Contra Costa, one of the most successful in-home care agencies in the East Bay; and Whereas, since starting the business in the summer of 2007 with his wife Pam, his company has assisted over 500 families in Contra Costa County, helping seniors stay safe and independent in their own homes; and Whereas, Senior Helpers has generated over $10 million in revenues since its inception and has won several President’s Club awards for sales performance; the company set a new Senior Helpers national record for first-year revenue in 2008 and was awarded the “Best in Home Care” award for overall quality of care in 2014; and Whereas, Kevin has been very active in the community and hosts a local Senior Faire each Spring in the Lamorinda community, produces a bi-annual Senior Discount Card which provides discounts to seniors at local retail establishments and served for two years as the President of the Moraga Chamber of Commerce through 2015, and currently serves as the President-elect of the Moraga Rotary Club; and Whereas, Kevin spent over two decades as a senior athletic administrator at the University of California and won 28 regional and national awards for writing and publications. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby honor Kevin M. Reneau for his dedication to the Moraga community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, By: ____________________________________, Deputy February 9, 2016 Official Minutes 349 C.15 February 9, 2016 Official Minutes 350 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lauri Byers (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 18 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 9, 2016 Contra Costa County Subject:Resolution recognizing The Orinda Community Foundation 2015 Recipient of the William Penn Mott, Jr. Environmental Award February 9, 2016 Official Minutes 351 AGENDA ATTACHMENTS Resolution No. 2016/77 MINUTES ATTACHMENTS Signed Resolution No. 2016/77 February 9, 2016 Official Minutes 352 In the matter of:Resolution No. 2016/77 Recognizing the Orinda Community Foundation for receiving the 2015 William Penn Mott, Jr. Environmental Award. Whereas, in 2009, Sue Severson, Richard Westin, Carol Penskar, Dick Burkhalter and Paula Goodwin launched the Orinda Community Foundation and raised close to $40,000; and Whereas, since it’s inception, the Orinda Community Foundation has committed to enhancing the quality of life in Orinda by encouraging philanthropy, building partnerships and providing financial assistance to support not only community activities but also the arts and beautification of the city, the Orinda Community Foundation has contributed more than $150,000; and Whereas, Orinda Community Foundation has given grants to such groups as the Joaquin Moraga Adobe, Fourth of July Parade, Orinda Idol and Concerts in the Park, however, the organization’s commitment to local garden clubs and the establishment of Orinda Action Day is what earned it the 2015 William Penn Mott Jr. Environmental Award; and Whereas, Orinda’s four very busy garden clubs beautify outdoor areas in the downtown district with native plants, while Orinda Action Day has become a much anticipated community event every year; and Whereas, Orinda Action Day draws hundreds of volunteers, including many families with children jumping in to help clean up Orinda making it a more healthy environment for the residents. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby honor the Orinda Community Foundation for their hard work and dedication to the people of Orinda. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, By: ____________________________________, Deputy February 9, 2016 Official Minutes 353 C.18 February 9, 2016 Official Minutes 354 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Results of the 2015 Counties Care Holiday Food Fight February 9, 2016 Official Minutes 355 AGENDA ATTACHMENTS Resolution No. 2016/82 MINUTES ATTACHMENTS Signed Resolution No. 2016/82 February 9, 2016 Official Minutes 356 In the matter of:Resolution No. 2016/82 RECOGNIZING THE EMPLOYEES OF CONTRA COSTA COUNTY AND THE 2015 COUNTIES CARE HOLIDAY FOOD FIGHT WHEREAS, with the true spirit of public servants, Contra Costa County departments and employees again rose to the annual challenge to raise funds for the Food Bank of Contra Costa and Solano during the 2015 holiday season; and WHEREAS, this 13th Annual Contra Costa County Cares Challenge is an important part of the Food Bank of Contra Costa and Solano’s holiday fundraising program; and WHEREAS, in the 2015 drive Contra Costa County employees raised $98,187.46, bringing their cumulative total raised in 13 years to over $1,144,000; and WHEREAS, with the 2015 Counties Care Holiday Food Fight Contra Costa County employees again secured the Big Apple and bragging rights through 2016; and WHEREAS, because departments and team leaders entered the annual competition with enthusiasm despite their own financial challenges, we salute the following stellar standouts in their leagues: MINI DEPARTMENTS: CAO/COB/CCTV/LAFCO, NANCY YEE AND JUNE MCHUEN, TEAM LEADERS; SMALL DEPARTMENTS: COUNTY COUNSEL, MICHIELLE MAURER, WANDA MCADOO, TEAM LEADERS; MIDSIZED DEPARTMENTS: ASSESSOR, BROOKE BAHADOR AND ELLIE RIDOLFI, TEAM LEADERS; LARGE DEPARTMENTS: HEALTH SERVICES, TEAM LEADERS TOO NUMEROUS TO NAME; SUPERVISORS’ OFFICES: DISTRICT III, MARY N. PIEPHO, SUPERVISOR AND MANNY BOWLBY, TEAM LEADER; and WHEREAS, all County departments and team leaders showed special ingenuity and energy by raising copious funds and earning kudos and various special awards as determined by Food Fight organizers, including: GAYLE B. UILKEMA GOOD EGG: KATHY GALLAGHER, EMPLOYMENT & HUMAN SERVICES 24 CARROT SALUTE: MICHIELLE MAURER, COUNTY COUNSEL MOST IMPROVED: EHSD/1650 CAVALLO ROAD, ANGELIQUE ROBINSON, LEADER BARREL RACE: SHERIFF-CORONER, CHRYSTINE ROBBINS, TEAM LEADER ADDITIONAL RECOGNITION: KRISTIE HIRSCHENBERGER HEART AND SOUL, CHIEF MECHANIC’S COMMENDATION, 100% (& PLUS) CLUB, ETC.; and WHEREAS, this outstanding, over-the-top, year-round generosity was shown by employees of both Contra Costa and Solano counties, who raised a total of $132,629 in 2015, which will help the Food Bank of Contra Costa and Solano to provide more than 265,000 meals to approximately 190,000 low-income residents of both counties throughout the months to come. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County hereby applauds all of the tireless department team leaders and congratulates all participating Contra Costa County departments, department heads, and employees for their inspired and inspiring efforts on behalf of their community and those in need; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County thanks all County employees and residents who participated in the 2015 Counties Care Holiday Food Fight and urges all citizens of Contra Costa County and their communities to recognize and match the generosity and public spirit of County employees by giving generously to the Food Bank of Contra Costa and Solano regularly and often, including the 2016 Counties Care Holiday FINAL Food Fight. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER February 9, 2016 Official Minutes 357 KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, By: ____________________________________, Deputy February 9, 2016 Official Minutes 358 PR.1, C.20 February 9, 2016 Official Minutes 359 RECOMMENDATION(S): INTRODUCE Ordinance No. 2016-06 to provide for new device registration fees and inspections of point-of-sale systems, WAIVE reading, and FIX hearing for March 1, 2016. FISCAL IMPACT: Increased fees, no negative fiscal impact BACKGROUND: The 2015 revisions to the California Department of Food and Agriculture, Business and Professions Code 12240, allows for higher fees to partially recover the costs of registering and inspecting commercial weighing and measuring devices. The proposed fee increase will offset some of the current costs of registrations and inspections. CONSEQUENCE OF NEGATIVE ACTION: The County will not recover costs of registering and inspecting commercial weighing and measuring devices. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: 925-646-5250 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 22 To:Board of Supervisors From:Chad Godoy, Director of Agriculture/Weights & Measures Date:February 9, 2016 Contra Costa County Subject:Device Registration Fee Ordinance February 9, 2016 Official Minutes 360 ATTACHMENTS Final Redline February 9, 2016 Official Minutes 361 ORDINANCE NO. 2016-06 DEVICE REGISTRATION AND INSPECTION FEES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends Chapter 522-2 of the County Ordinance Code to update the annual device and point-of-sale registration fees to be collected in Contra Costa County and provides for inspections of weighing and measuring devices and point-of-sale systems. SECTION II. Chapter 522-2 is hereby repealed in its entirety and replaced with a new Chapter 522-2 to read: Chapter 522-2 DEVICE REGISTRATION AND INSPECTION FEES Article 522-2.2. General 522-2.202 State Law This chapter effectuates California Business and Professions Code Sections 12210, 12211, 12240 and following, and 13350. (Ords. 2016-06 § 2, 2006-09 § 2, 83-16). 522-2.204 Basis for Fees. The fees required by this chapter are to recover the costs incurred by the county sealer for the inspection and testing of weighing and measuring devices and the pricing accuracy of point- of-sale systems. The fees required by this chapter do not exceed the actual inspection costs. (Ords. 2016-06 § 2, 2006-09 § 2, 83-16.) 522-2.205 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) "Annual device registration fee" means the sum of the business location fee and the device fee. (b) "Business location" means each of the following: (1) Each vehicle containing one or more commercial devices. (2) Each business establishment operated as a unique entity at a given place or address, and that requires not more than one inspection trip by a weights and measures official. February 9, 2016 Official Minutes 362 (3) Water vending machines and other similar equipment, placed at the address of one business but owned and operated by another, shall be considered a separate business location. (4) Houses. For electric meters, vapor meters, and water sub-meters, each house, apartment complex or mobile home shall be considered a separate business location, except that a mobile home park shall be considered one business location instead of each of the mobile homes in such mobile home park. (5) Point-of-sale systems. A business located at a given place or address that uses electronic point-of-sale systems shall be considered a single business location. (c) “Business location fee” means the fee set forth in Table A of Section 522-2.404 of this chapter, for the respective year. (d) “Device” means either of the following: (1) “Measuring instrument,” which means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. (2) “Weighing instrument,” which means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. (e) “Device fee” means the fee for each device at a business location as set forth in Table B of Section 522-2.404 of this chapter, next to the respective device. (f) “Director” or “county sealer” means the Contra Costa County agricultural commissioner – director of weights & measures. (g) "Point-of-sale register” means individual and separate equipment that is capable of recovering electronically stored price information that is used to charge consumers for the purchase of commodities. (h) "Point-of-sale system” means any system used by a retail establishment such as, but not limited to, a Universal Product Code (UPC) scanner or an electronic price look-up system as a means for determining the price of the item being purchased by a consumer. (i) "Seasonal vendor” means a produce grower who sells its own produce from a fixed location or farmers market, and who sells that produce for nine months or less in any calendar year. Commercial fishermen who sell their own catch to the public are also considered seasonal vendors. (Ords. 2016-06 § 2, 2006-09 § 2.) February 9, 2016 Official Minutes 363 522-2.205 Enforcement. The county sealer enforces the provisions of this chapter and may promulgate regulations to effectuate it. (Ords. 2016-06 § 2, 2006-09 § 2, 83-16.) Article 522-2.4. Fees. 522-2.402 Annual County Wide Fees. (a) Annual. The fees specified in this article are charged to and must be paid by the owner, possessor, or user of the listed devices. The amount of the annual device registration fee is the sum of the business location fee and the device fee. (b) County wide. The fees specified in this chapter are annual fees due for all or part of each calendar year during any part of which the device is used for weighing or measuring. (Ords. 2016-06 § 2, 2006-09 § 2, 83-16.) 522-2.404 Amounts. (a) Annual device registration fees. The annual device registration fees due under this chapter are adopted pursuant to and under the authority of California Business and Professions Code Sections 12240 and 13350. The annual fee amounts established in this chapter shall remain in effect unless superseded by a change in California Business and Professions Code Section 12240. Annual registration fees are set by business location and the number of commercial devices and/or point-of-sale registers at each business location under common ownership or management, as follows: Table A (Annual Business Location Fees) DEVICE FEE AUTHORITY FEE Business Location Fee California Business and Professions Code (“B&P”) Section 12240(f) and (u) $100 per Business Location February 9, 2016 Official Minutes 364 Table B (Annual Device Fees) DEVICE FEE AUTHORITY FEE Water submeters B&P §12240(g) $2 per device per space or apartment Electric submeters B&P §12240(g) $3 per device per space or apartment Vapor (Gas) submeters B&P §12240(g) $4 per device per space or apartment Vehicle mounted & w holesale fuel m eters B&P §12240(m) $75 per device Vehicle odometer used to charge mileage fees, vehicle rentals, or other services B&P §12240(q) and (s) $60 per device ($340 maximum per location) Liquefied petroleum gas m eters, truck mounted or stationary B&P §12240(1) $185 per device Livestock scales ≥10,000 lbs. B&P §12240(k) $150 per device Livestock s cales 2,000 – 9,999 lbs. B&P §12240(k) $100 per device Jewelry and prescription scales B&P §12240(o) $80 per device February 9, 2016 Official Minutes 365 Weighing d evices, other than livestock s cales, 2,000 – 9,999 lbs. B&P §12240(h) $150 per device Weighing devices, other than livestock s cales, ≥10,000 lbs. B&P §12240(h) $250 per device Computing scales < 100 lbs. B&P §12240(n) $20 per device ($1,000 maximum per location) Weighing devices, other than computing and prescription scales, 100 – 1,999 lbs. B&P §12240(p) $50 per device All other commercial weighing and measuring devices not listed in B&P §12240(g) to (r) B&P §12240(t) $20 per device ($1,000 maximum per location) Point-of-sale systems with 1-3 point-of-sale registers B&P §13350(d) $149 Point-of-sale systems with 4-9 point-of-sale r egisters B&P §13350(d) $237 Point-of-sale s ystems with 10 or more point-of- sale registers B&P §13350(d) $427 February 9, 2016 Official Minutes 366 (b) Point-of-sale systems fees. The point-of-sale system device fees are based on the number of point-of-sale registers at a single business location as set forth in Table B. (c) Fee exemptions. (1) Business location fees will be waived for: (i) Seasonal vendors who bring their scales in for testing to a central location designated by the Contra Costa County Department of Agriculture, Weights and Measures. (ii) Seasonal agricultural users of stationary scales, if a stationary scale is used no more than thirty days in a calendar year. (2) A business is exempt from having to pay a business location fee for its use of a point-of-sale s ystem if it is already required under this chapter to pay a business location fee at the same location or address. (d) Fee reduction. The business location fee will be reduced by fifty percent (50%) for those small businesses that have both a single location in Contra Costa County and gross annual revenue that does not exceed $60,000, subject to verification by the director. Businesses must apply annually for this fee reduction by providing records of its gross annual revenue, such as prior year tax returns. (Ords. 2016-06 § 2, 2006-09 § 2, 99-09 § 2, 95-9, 94-11, 92-13 § 2, 88-97, 84-2, 83-16.) 522-2.404 Penalties. (a) Failure to pay annual registration fee within 60 days. Upon failure to pay the annual registration fee within 60 days after it is due and payable, a penalty in the amount of fifty percent (50%) of the prescribed annual registration fee will be added to the prescribed annual registration fee, and the total sum shall be immediately due and payable. (b) Failure to pay annual registration fee after 90 days. Upon failure to pay the annual registration fee after 90 days from when it became due and payable, a penalty in the amount of one hundred percent (100%) of the prescribed annual registration fee will be added to the prescribed annual registration fee and the total sum will become immediately due and payable. (Ord. 2016-06 § 2, 2006-09 § 2, 88-97.) \\ \\ February 9, 2016 Official Minutes 367 522-2. 405 Devices, Point-of-Sale Systems and Locations. Subject devices. All weights, scales, beams, measures of any kind, point-of-sale systems, instruments or mechanical devices for weighing or measuring, tools, appliances and accessories connected with any or all such instruments or measures, sold, or used by any proprietor, agent, lessee or employee for commercial purposes (as that term is defined in California Business and Professions Code Section 12500), are subject to inspection and testing by the County Sealer. (Ord. 2016-06 § 2, 2006-09 § 2, 92-13 § 2, 88-97, 84-2, 83-16.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on ______________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA _________________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By:______________________ [SEAL] Deputy CJR: H:\Ordinances\Weights & Measures Device Fees\FINAL Device Reg Fee Ordinance.docx February 9, 2016 Official Minutes 368 ORDINANCE NO. 2016-06 DEVICE REGISTRATION AND INSPECTION FEES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends Chapter 522-2 of the County Ordinance Code to update the annual device and point-of-sale registration fees to be collected in Contra Costa County and provides for inspections of weighing and measuring devices and point-of-sale systems. SECTION II. Chapter 522-2 is hereby repealed in its entirety and replaced with a new Chapter 522-2 to read: Chapter 522-2 DEVICE REGISTRATION AND INSPECTION FEES Article 522-2.2. General 522-2.202 State Law This chapter effectuates the provisions of Chapter 13.5 of the California Business and Professions Code and California Business and Professions Code Sections 12210, 12211, 12240 and following, and 13350. (Ords. 2016-06, §2, 2006-09 § 2, 83-16). 522-2.204 Basis for Fees. The fees required by this chapter are to recover the costs of incurred by the county sealer for the inspecting and testing of weighing and measuring devices, and the pricing accuracy of point-of-sale systems. required of the county sealer (director) of weights and measures. The fees required by this chapter do not exceed the actual inspection costs. (Ords. 2016-06, §2, 2006-09 § 2, 83-16.) 522-2.205 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) “Annual device registration fee” means the sum of the business location fee and the device fee. (b) "Business location" means each of the following: (1) Each vehicle containing one or more commercial devices. February 9, 2016 Official Minutes 369 (2) Each business establishment operating as a unique entity at a given place or address, and that requires not more than one inspection trip by a weights and measures official. (3) Water vending machines and other similar equipment, placed at the address of one business but owned and operated by another, shall be considered a separate business location. (4) Houses. For electric meters, vapor meters, and water sub-meters, each house, apartment complex or mobile home shall be considered a separate business location, except that a mobile home park shall be considered one business location instead of each of the mobile homes in such mobile home park. (5) Point-of-sale systems. A business located at a given place or address that uses electronic point-of-sale systems shall be considered a single business location. (c) “Business location fee” means the fee set forth in Table A of Section 522-2.404 of this chapter, for the respective year. (d) “Device” means either of the following: (1) “Measuring instrument,” which means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. (2) “Weighing instrument,” which means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. (de) “Device fee” means the fee for each device at a business location as set forth in Table B of Section 522-2.404 of this chapter, next to the respective device. (f) “Director” or “county sealer” means the Contra Costa County agricultural commissioner – director of weights & measures. (eg) "Point-of-sale register” means individual and separate equipment that is capable of recovering electronically stored price information that is used to charge consumers for the purchase of commodities. (fh) "Point-of-sale system” means any system used by a retail establishment such as, but not limited to, a Universal Product Code (UPC) scanner or an electronic price look-up system as a means for determining the price of the item being purchased by a consumer. (gi) "Seasonal vendor” means a produce grower who sells its own produce from a fixed location or farmers market, and who sells suchthat produce for nine months or less in any February 9, 2016 Official Minutes 370 calendar year. Commercial fishermen who sell their own catch to the public shallare also be considered seasonal vendors. (Ords. 2016-06 § 2, 2006-09 § 2.) 522-2.205 Enforcement. The county sealer (director) of weights and measures shall enforces the provisions of this chapter and may promulgate regulations to effectuate it. (Ords. 2016-06 §2, 2006-09 § 2, 83-16.) Article 522-2.4. Fees. 522-2.402 Annual County Wide Fees. (a) Annual. The fees specified in this article are charged to and payable must be paid by the owner, possessor, or user of the listed devices. The amount of the annual device registration fee is set by a combination the sum of the business location fee and the device fee that is charged for the number of devices at a business location. No annual registration fee may exceed one thousand dollars per business location. (b) County wide. The fees specified in this chapter are annual fees due for all or part of each calendar year during any part of which the device is used for weighing or measuring anywhere in this county subject to the county sealer’s (director’s) jurisdiction. (Ords. 2016-06 §2, 2006-09 § 2, 83-16.) 522-2.404 Amounts. (a) Annual device Rregistration fFees. The annual registration fees due hereunder are adopted pursuant to and under the authority of California Business and Professions Code Section 12240 and 13350. Annual fee amounts established on January 1, 2008 The annual fee amounts established in this chapter shall remain in effect until superseded by a change in California Business and Professions Code Section 12240. Annual registration fees are set by business location and the number of commercial devices and/or point-of- sale registers at each business location under common ownership or management, as follows: Table A (Annual Business Location Fees) Device Fee Authority Fee Effective 5/11/2006 Fee Effective 1/1/2007 Fee Effective 1/1/2008 Business location fee California Business and Professions Code (“B&P”) Section 12240(f) and (o) $60.00 per business location $80.00 per business location $100.00 per business location February 9, 2016 Official Minutes 371 DEVICE FEE AUTHORITY FEE Business Location Fee California Business and Professions Code (“B&P”) Section 12240(f) and (u) $100 per Business Location Table B (Annual Device Fees) Device Fee Authority Fee Effective 5/11/2006 Fee Effective 1/1/2007 Fee Effective 1/1/2008 Electric, vapor (gas) and water sub-meters B&P Section 12240(g) $2.00 $2.00 $2.00 Vehicle mounted and wholesale fuel meters B&P Section 12240(m) $15.00 $20.00 $25.00 Liquified petroleum gas meters, truck mounted or stationary B&P Section 12240(l) $105.00 $140.00 $175.00 Livestock scales B&P Section 12240(k) $40.00 $60.00 $80.00 Weighing devices, other than livestock scales, =2,000 lb and <10,000 lb B&P Section 12240(h) $90.00 $120.00 $150.00 Weighing devices, other than livestock scales, =10,000 lb B&P Section 12240(h) $150.00 $200.00 $250.00 All other B&P Section $12.00 $16.00 $20.00 February 9, 2016 Official Minutes 372 commercial weighing or measuring devices 12240(n) Point-of-sale systems with 1-3 point-of- sale registers B&P Section 13350(d) $63.00 $84.00 $105.00 Point-of-sale systems with 4 or more point-of-sale registers B&P Section 13350(d) $111.00 $148.00 $185.00 DEVICE FEE AUTHORITY FEE Water submeters B&P §12240(g) $2 per device per space or apartment Electric submeters B&P §12240(g) $3 per device per space or apartment Vapor (Gas) submeters B&P §12240(g) $4 per device per space or apartment Vehicle mounted & w holesale fuel m eters B&P §12240(m) $75 per device Vehicle odometer used to charge mileage fees, vehicle rentals, or other services B&P §12240(q) and (s) $60 per device ($340 maximum per location) Liquefied petroleum gas m eters, truck mounted or stationary B&P §12240(1) $185 per device B&P §12240(k) $150 per device February 9, 2016 Official Minutes 373 Livestock scales ≥10,000 lbs. Livestock s cales 2,000 – 9,999 lbs. B&P §12240(k) $100 per device Jewelry and prescription scales B&P §12240(o) $80 per device Weighing d evices, other than livestock s cales, 2,000 – 9,999 lbs. B&P §12240(h) $150 per device Weighing devices, other than livestock s cales, ≥10,000 lbs. B&P §12240(h) $250 per device Computing scales < 100 lbs. B&P §12240(n) $20 per device ($1,000 maximum per location) Weighing devices, other than computing and prescription scales, 100 – 1,999 lbs. B&P §12240(p) $50 per device All other commercial weighing and measuring devices not listed in B&P §12240(g) to (r) B&P §12240(t) $20 per device ($1,000 maximum per location) Point-of-sale systems with 1-3 point-of-sale registers B&P §13350(d) $149 February 9, 2016 Official Minutes 374 Point-of-sale systems with 4-9 point-of-sale r egisters B&P §13350(d) $237 Point-of-sale s ystems with 10 or more point-of- sale registers B&P §13350(d) $427 (b) Point-of-sale systems fees. The point-of-sale system device fees are based on the number of point-of-sale registers at a single business location as set forth in Table B. (c) Fee Eexemptions. (1) Business location fees will be waived for: (i) Seasonal vendors who bring their scales in for testing to a central location designated by the Contra Costa County department of agriculture, weights and measures. (ii) Seasonal agricultural users of stationary scales, if a stationary scale is used no more than thirty days in a calendar year. (2) The business location fee will be reduced by fifty percent for those small businesses that have both (i) a single location in Contra Costa County, and (ii) gross annual revenue that does not exceed fifty thousand dollars. The director of the Contra Costa County department of agriculture, weights and measures shall prescribe the verification methods for the foregoing criteria. (32) A business shall be is exempted from having to pay a business location fee in respect of for its use of a point-of-sale system if it is already required under this chapter to pay a business location fee at the same location or address for any other reason required under this chapter. (d) Fee reduction. The business location fee will be reduced by fifty percent (50%) for those small businesses that have both a single location in Contra Costa County and gross annual revenue that does not exceed $60,000, subject to verification by the director. Businesses must apply annually for this fee reduction by providing records of its gross annual revenue, such as prior year tax returns. (Ords. 2016 –06 § 2, 2006-09 § 2, 99-09 § 2, 95-9, 94-11, 92-13 § 2, 88-97, 84-2, 83-16.) February 9, 2016 Official Minutes 375 522-2.404 Penalties. Upon failure to pay the annual registration fee within sixty days after it is due and payable, a penalty in the amount of fifty percent of the prescribed annual registration fee shall be added to the prescribed annual registration fee and shall be due and payable. Failure to pay the annual registration fee for more than ninety days after it is due and payable, will result in a penalty of one hundred percent of the prescribed annual registration fee being added to the overdue amount. (a) Failure to pay annual registration fee within 60 days. Upon failure to pay the annual registration fee within 60 days after it is due and payable, a penalty in the amount of fifty percent (50%) of the prescribed annual registration fee will be added to the prescribed annual registration fee, and the total sum shall be immediately due and payable. (b) Failure to pay annual registration fee after 90 days. Upon failure to pay the annual registration fee after 90 days from when it became due and payable, a penalty in the amount of one hundred percent (100%) of the prescribed annual registration fee will be added to the prescribed annual registration fee and the total sum will become immediately due and payable. (Ord. 2016 –06 §2 , 2006-09 § 2, 88-97.) 522-2. 405 Devices, Point-of-Sale Systems and Locations. Subject devices. All weights, scales, beams, measures of any kind, point-of-sale systems, instruments or mechanical devices for weighing or measuring, and tools, appliances and accessories connected with any or all such instruments or measures, sold, or used by any proprietor, agent, lessee or employee for commercial purposes (as such term is defined in California Business and Professions Code Section 12500), are subject to inspection and testing by the county sealer (director). (Ords. 2016-06 § 2, 2006-09 § 2, 92-13 § 2, 88-97, 84-2, 83-16.) February 9, 2016 Official Minutes 376 SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on ______________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA _________________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By:______________________ [SEAL] Deputy CJR: H:\Ordinances\Weights & Measures Device Fees\FINAL Device Reg Fee Ordinance Redlined.docxH:\Ordinances\Weights & Measures Device Fees\Device Reg Fee Ordinance CJR Edit Redlined v2.docxH:\Ordinances\Weights & Measures Device Fees\Device Reg Fee Ordinance CJR Edit Redlined.docx February 9, 2016 Official Minutes 377 RECOMMENDATION(S): INTRODUCE Ordinance No. 2016-05 establishing requirements for the online filing of campaign disclosure documents filed with the County Clerk-Recorder Elections Division; WAIVE reading , and FIX March 8, 2016 for adoption. FISCAL IMPACT: On-line electronic filing will reduce staff labor in receiving, handling, and posting campaign finance reports. BACKGROUND: On January 1, 2013, Assembly Bill 2452 went into effect adding Government Code 84615, which allows a local government agency to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents to file those statements, reports, or other documents online or electronically with a local filing officer. The new law also prescribes criteria that must be satisfied by a local government agency that requires online or electronic filing of statements, reports, or other documents, as specified; including, among others, that the system be available free of charge to filers and to the public for viewing filings, and that the system include a procedure for filers to comply with the requirement that they sign statements APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: 925-335-7808 Scott Konopasek I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 21 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:February 9, 2016 Contra Costa County Subject:INTRODUCE Ordinance No. 2016-05 Establishing Requirements for Electronic Filing Requirement for Campaign Disclosure Documents February 9, 2016 Official Minutes 378 BACKGROUND: (CONT'D) and reports under penalty of perjury. The electronic reporting requirement applies to existing filers who are on-file in the County Clerk-Recorder Elections Division and who will be notified via email and in writing of the new requirements. Accounts will be established for, and training provided to, all filers covered by this requirement. Provision will be made for an on-office kiosk for filers who lack easy access to the on-line filing system. The goal of the proposed ordinance is to supplement the Political Reform Act by requiring electronic reporting of contributions and expenditures, regarding elections for all candidates and committees currently required to file campaign disclosure reports with the County Clerk-Recorder Elections Division. The purpose is to streamline the filing process, to increase timeliness and transparency, and to reduce expenses. The electronic filing system will operate securely and effectively and will not unduly burden filers. This ordinance does not impose any new or additional reporting requirements. CONSEQUENCE OF NEGATIVE ACTION: Continue paper filing processes for campaign finance reports. ATTACHMENTS Ordinance No. 2016-05: Electronic Filing Requirement for Campaign Disclosure Documents February 9, 2016 Official Minutes 379 February 9, 2016 Official Minutes 380 February 9, 2016 Official Minutes 381 RECOMMENDATION(S): 1. ADOPT Resolution No. 2016/64, initiating proceedings for the formation of a new zone, Zone 1515, within County Service Area P-6, in the unincorporated area of Walnut Creek. 2. FIX a public hearing for March 1, 2016, at 9:30 a.m., on the formation of Zone 1515 within County Service Area P-6. 3. FIX a public hearing for March 1, 2016, at 9:30 a.m., to consider the adoption of Ordinance 2016-03, which would authorize the levy of a special tax to augment funding for police protection services in proposed Zone 1515, and to authorize submission of the ordinance to the voters for approval at the May 3, 2016, election. FISCAL IMPACT: The cost of establishing the proposed Police Services Special Tax District is paid for by the developer of the subdivision. BACKGROUND: Per the conditions of approval for Subdivision 9167 (County File #SD07-9167), the developer of the property identified as 1125 North Gate Road in the unincorporated area of Walnut Creek is required to establish a Special Police Services Tax District for the 7-lot subdivision prior to recording the final map for the subdivision. The proposed special tax district would fund an increase in the level of police protection services that is provided in the unincorporated area of Walnut Creek. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jennifer Cruz, (925) 674-7790 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 23 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 9, 2016 Contra Costa County Subject:Resolution of Intention to Form Zone 1515 of County Service Area P-6 in the Walnut Creek area (District IV) February 9, 2016 Official Minutes 382 BACKGROUND: (CONT'D) Adoption of a resolution of intent to form a new tax district (Resolution No. 2016/64) is required by Government Code Section 25217, subdivision (b), as the first step in forming the proposed zone, which will serve as the vehicle to collect special taxes within the proposed zone if the tax measure is approved by the voters at a May 3, 2016, ballot. The resolution includes information regarding the name and boundaries of the zone, the different level of services to be provided, and the method by which the increased level of service is to be funded. The resolution also directs the Clerk of the Board to publish and mail notice of a public hearing regarding the proposed zone formation. It is recommended that the Board set this hearing for 9:30 a.m. on March 1, 2016. If at the conclusion of that public hearing the Board determines that more than 50% of the total number of voters residing within the proposed zone have filed written objections to the formation, Government Code Section 25217.1, subdivision (b)(1), would require the Board to determine that a majority protest exists and to terminate the proceedings. The proposed police service district currently consists of a single 9.98-acre property owned by Braddock & Logan Inc./COJAM LLC, who per the conditions of approval for the subdivision are required to establish the police service district prior to recording the final map. If there is no majority protest and the Board elects to proceed with the formation of the zone, a second public hearing would be required to consider the approval of Ordinance No. 2016-03, pertaining to the proposed levy of a special tax on the subject parcel within Zone 1515 for police protection services and submission of the measure to the voters, pursuant to Government Code Section 50077, subdivision (a). It is recommended that this hearing be set at 9:30 a.m. on March 1, 2016, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance 2016-03, then the tax measure would be submitted for placement on a May 3, 2016, ballot. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve this item, then Ordinance No. 2016-03 will not be adopted and formation of Special Tax Zone 1515 will not occur, and the Special Tax District will not be established at the March 1, 2016, hearing. AGENDA ATTACHMENTS Resolution No. 2016/64 Exhibit A: Legal Description Exhibit B: Survey Map MINUTES ATTACHMENTS Signed Resolution No. 2016/64 February 9, 2016 Official Minutes 383 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/64 RESOLUTION OF INTENTION TO FORM ZONE 1515 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the unincorporated Walnut Creek area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 1515 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 1515" of CSA P-6. At 9:00 a.m. on March 1, 2016, in the Chamber of the Board of Supervisors, County Administration Building, 651 Pine Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 1515 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant o Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, (925) 674-7790 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 4 1 February 9, 2016 Official Minutes 384 February 9, 2016Official Minutes385 February 9, 2016Official Minutes386 February 9, 2016Official Minutes387 February 9, 2016 Official Minutes 388 February 9, 2016 Official Minutes 389 RECOMMENDATION(S): REAPPOINT the following to County Service Area P-2A Citizen Advisory Committee, to a term expiring December 31, 2017, as recommended by Supervisor Mary Nejedly Piepho. Appointee 2 Chris Gallagher 3304 Blackhawk Meadow Drive Danville, CA 94506 Appointee 5 Trudy Negherbon 336 Pheasant Run Drive Danville, CA 94506 Appointee 6 Scott Sweet 209 South Ridge Court Danville, CA 94506 APPOINT Henry Schultzel to the Appointee 3 seat on County Service Area, P-2A to a term expiring December 31, 2017, as recommended by Supervisor Mary Nejedly Piepho. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lea Castleberry (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 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:Mary N. Piepho, District III Supervisor Date:February 9, 2016 Contra Costa County Subject:APPOINTMENT TO COUNTY SERVICE AREA P-2A February 9, 2016 Official Minutes 390 Henry "Hank" Schultzel 3350 Blackhawk Meadows Drive Danville, CA 94506 FISCAL IMPACT: None. BACKGROUND: The advisory committee functions to advise the Board of Supervisors and the Sheriff's Department on the needs of the Blackhawk community for extended police services which shall include, but not limited to, enforcement of the State Vehicle Code, crime prevention, and litter control. The term for appointee seats 2, 5 and 6 expired December 31, 2015. Applications were accepted and the recommendation to reappoint the above individuals was then determined. The term for the appointee 3 seat expired December 31, 2015. Applications were accepted and the recommendation to appoint the above individual was then determined. February 9, 2016 Official Minutes 391 RECOMMENDATION(S): APPOINT Douglas Dunn to the District III At-Large seat on the Mental Health Commission to a term expiring June 30, 2019, as recommended by Supervisor Mary Nejedly Piepho. Douglas Dunn 3706 Dimaggio Way Antioch, CA 94509 FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Mental Health Commission was established by order of the Contra Costa County Board of Supervisors on June 22, 1993, pursuant to the Welfare & Institutions Code 5604, also known as the Bronzan-McCorquodale Act, Stats. 1992, c. 1374 (A.B. 14). The primary purpose of the Commission is to serve in an advisory capacity to the Board of Supervisors and to the Mental Health Division and its staff. Commissioners are appointed by members of the County Board of Supervisors from each of the five districts for a term of three years. Each district has a consumer of mental health services, family member and an at-large representative on the Commission, for a total of 15 members plus a representative and alternate from the Board of Supervisors. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lea Castleberry (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 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:Mary N. Piepho, District III Supervisor Date:February 9, 2016 Contra Costa County Subject:APPOINTMENT TO MENTAL HEALTH COMMISSION February 9, 2016 Official Minutes 392 BACKGROUND: (CONT'D) The District III At-Large seat was vacated by the Board on November 3, 2015. Applications were accepted and the recommendation to appoint the above individual was then determined. February 9, 2016 Official Minutes 393 RECOMMENDATION(S): APPOINT the following individual to the Appointee 9 Seat on the Alamo Police Services Advisory Committee for a two-year term with an expiration date of December 31, 2017, as recommended by Supervisor Candace Andersen: Jill Winspear 82 Royal Ridge Court Alamo, CA 94507 FISCAL IMPACT: None. BACKGROUND: Established on November 18, 1969, by Board Resolution 69/765, the purpose of the County Service Area P-2B Citizens Advisory Committee is to advise the Board of Supervisors and the Sheriff's Department on the needs of the Alamo community for extended police services which shall include, but not be limited to, enforcement of the State Vehicle Code, crime prevention, and litter control. On March 19, 2013, the Board of Supervisors approved a Board Order that retitled the County Service Area P-2B Citizens Advisory Committee to the "Alamo Police Services Advisory Committee". Alamo Police Services Advisory Committee is comprised of nine regular members and two alternates who each serve a two year term. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: District 2 Supervisor, Maddy Book, APSAC, Appointee C. 27 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 9, 2016 Contra Costa County Subject:APPOINTMENT TO THE ALAMO POLICE SERVICES ADVISORY COMMITTEE February 9, 2016 Official Minutes 394 CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. CHILDREN'S IMPACT STATEMENT: None. February 9, 2016 Official Minutes 395 RECOMMENDATION(S): Appoint the following individuals to the indicated seats on the Contra Costa Council on Homelessness with terms expiring as specified below: CoC/ESG Program Grantee- term expiring 12/31/2016 Louise Bourassa, RN, MS Executive Director, Contra Costa Interfaith Housing Community Member Seat #2- term expiring 12/31/2017 Gary Kingsbury Lafayette, CA 94549 Emergency Solutions Grant Representative- term expiring 12/31/2017 Gabriel Lemus CDBG Program Planner, Contra Costa County Faith Community Representative- term expiring 12/31/2016 Doug Leich Multi-Faith ACTION Coalition APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lavonna Martin, (925) 313-6736 I hereby certify that this is 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 9, 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:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Appointments to the Council on Homelessness February 9, 2016 Official Minutes 396 RECOMMENDATION(S): (CONT'D) > Homeless Housing Provider- term expiring 12/31/2017 Dan Sawislak Executive Director, Resources for Community Development Public Safety Representative- term expiring 12/31/2017 Diane Aguinaga Captain, Police Department, City of Antioch Veterans Administration Representative- term expiring 12/31/2017 Tracy Cascio, MSW Homeless Program Manager, Veteran Association Northern California FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Contra Costa Council on Homelessness provides a forum for communication and coordination of the County's Strategic Plan to End Homelessness, educate the community on homeless issues, and advocate on federal, state and local policy issues affecting people who are homeless or at-risk of homelessness. The Council on Homelessness is appointed by the Board of Supervisors and consists of 18 seats representing homeless or formerly homeless persons, educational/vocational services, health care, housing providers law enforcement, local government, the faith community, homeless service providers, and philanthropy. All Council members reside in or are employed in Contra Costa County, demonstrate a professional interest in or personal commitment to addressing and alleviating the impact of homelessness, and be able to contribute unique expertise, opinions and viewpoints on homeless issues. Candidates will serve two-year terms. The Council on Homelessness continues to make every effort to fill its vacant seats. These efforts include sending a targeted email solicitation via the Continuum of Care mailing list (300+ contacts that include each Supervisors office), announcing vacancies at public Council on Homelessness meetings and posting information about the vacancies and application materials on the Council on Homelessness website. Presently the Council on Homelessness has eleven (11) vacancies. Following a close review of applications and interviews with candidates, the Council on Homelessness recommends appointing the seven individuals. CONSEQUENCE OF NEGATIVE ACTION: The seats will remain vacant. ATTACHMENTS Louise Bourassa App Captain Aguinaga App Tracy Cascio App Dan Sawislak App Gabriel Lemus App Gary Kingsbury App February 9, 2016 Official Minutes 397 Douglas Leich App February 9, 2016 Official Minutes 398 February 9, 2016Official Minutes399 February 9, 2016Official Minutes400 February 9, 2016Official Minutes401 February 9, 2016Official Minutes402 February 9, 2016Official Minutes403 February 9, 2016Official Minutes404 February 9, 2016Official Minutes405 February 9, 2016 Official Minutes 406 February 9, 2016 Official Minutes 407 February 9, 2016 Official Minutes 408 February 9, 2016 Official Minutes 409 February 9, 2016 Official Minutes 410 150 Muir Road Martinez CA 94553 Council on Homelessness Executive Board PRINT EXACT NAME OF BOARD, COMMITTEE, OR COMMISSION Health Care Representative PRINT EXACT SEAT NAME applicable) Cascio Tracy 1. Name: (Last Name) (First Name) (Middle Name) 2. Address: Contra Costa County For Office Use Only Date Received: For Reviewers Use Only: Accepted Rejected Print Form BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION MAIL OR DELIVER TO: Contra Costa Carty CLERK OF THE BOARD 651 Pine Stieet, Rm. 106 Martinez, California 94553-1292 PLEASE TYPE OR PRINT IN INK (Each Position Requires a Separate Application) BOARD, COMMITTEE OR COMMISSION NAME AND SEAT TITLE YOU ARE APPLYING FOR: (No.) (Street) (Apt.) (City) (State) (Zip Code) 3. Phones . (925) 372-2463 (Home No.) (Work No.) (Cell No.) 4. Email Address: tracy.cascio@va.gov 5. EDUCATION: Check appropriate box if you possess one of the following: High School Diploma M G.E.D. Certificate D California High School Proficiency Certificate El Give Highest Grade or Educational Level Achieved Graduate School Names of colleges/universities attended Course of Study! Major Awar Deg ree ded Units Completed Degree Type D e t r e ee D: Awarded Semester Quarter A) estern Washington Univ. IVI/ Psychology Yes No 12 MI 64 BA , 1986 B) UC Berkeley, School of SW MSW Yes No Di 111 MSW 1991 6 C) Yes No M II D Other schools / training completed: Course Studied Hours Completed Certificate Yes No Awarded: 10 THIS FORM IS A PUBLIC DOCUMENT February 9, 2016 Official Minutes 411 6. PLEASE FILL OUT THE FOLLOWING SECTION COMPLETELY. List experience that relates to the qualifications needed to serve on the local appointive body. Begin with your most recent experience. A resume or other supporting documentation may be attached but it may not be used as a substitute for completing this section. A) Dates (Month, Day, Year) From To Title Duties Performed Homeless Program Manager Supervise staff and manage a continuum of services for homeless including permanent supportive housing, contracted emergency and transitional housing, justice outreach and employment services. Team size is 73 staff, 1340 units of permanent housing, 221 transitional, 121 emergency. 2/05 Present Veterans in the region of NCHCS, Employer's Name and Address Total: Yrs. Mos. VA Northern California Health Care 150 Muir Road Martinez, CA 94553 10 7 Hrs. per week . Volunteer 1:1 B) Dates (Month, From Day, Year) To Title Duties Performed Homeless Program Coordinator Supervised a team of social workers and operated a continuum of services for Veterans in the SF Bay area. Team size was 10, number of transitional and emergency beds totaled 50. 9/91 2/05 Employer's Name and Address Total: Yrs. Mos. San Francisco VA 401 3rd St. San Francisco, CA 94103 13 5 Hrs. per weeki-1. Volunteer MI C) Dates (Month, From To Day, Year) Title Duties Performed Employer's Name and Address Total: Yrs. Mos. Hrs. per week . Volunteer II D) Dates (Month, From To Day, Year) Title Duties Performed Employer's Name and Address Total: Yrs. Mos. Hrs. per week . Volunteer 0 THIS FORM IS A PUBLIC DOCUMENT February 9, 2016 Official Minutes 412 7. How did you learn about this vacancy? EICCC Homepagerl Walk-In ONewspaper Advertisement DDistrict Supervisor DOther 8. Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? (Please see Board Resolution no. 2011/55, attached): No Yes n If Yes, please identify the nature of the relationship: 9. Do you have any financial relationships with the County such as grants, contracts, or other economic relations? No ri Yes If Yes, please identify the nature of the relationship I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publically accessible. I understand and agree that misstatements / omissions of material fact may cause forfeiture of my rights to serve on a Board, Committee, or Commission in Contra Costa County. Contract with CCC for emergency beds. Sign Name: Date: Important Information 1. This application is a public document and is subject to the California Public Records Act (CA Gov. Code §6250-6270). 2. Send the completed paper application to the Office of the Clerk of the Board at: 651 Pine Street Room 106, Martinez, CA 94553. 3. A résumé or other relevant information may be submitted with this application. 4. All members are required to take the follovving training: 1) The Brown Act, 2) The Better Government Ordinance, and 3) Ethics Training. 5. Members of boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also knovvn as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 6. Advisory body meetings may be held in various locations and some locations may not be accessible by public transportation. 7. Meeting dates and times are subject to change and may occur up to two days per month. 8. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. THIS FORM IS A PUBLIC DOCUMENT February 9, 2016 Official Minutes 413 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted Resolution no. 2011/55 on 2/08/2011 as follows: IN THE MATTER OF ADOPTING A POLICY MAKING FAMILY MEMBERS OF THE BOARD OF SUPERVISORS INELIGIBLE FOR APPOINTMENT TO BOARDS, COMMIFIEES OR COMMISSIONS FOR WHICH THE BOARD OF SUPERVISORS IS THE APPOINTING AUTHORITY WHEREAS the Board of Supervisors wishes to avoid the reality or appearance of improper influence or favoritism; NOW, THEREFORE, BE IT RESOLVED THAT the following policy is hereby adopted: I. SCOPE: This policy applies to appointments to any seats on boards, committees or commissions for which the Contra Costa County Board of Supervisors is the appointing authority. II. POLICY: A person will not be eligible for appointment if he/she is related to a Board of Supervisors' Member in any of the following relationships: 1. Mother, father, son, and daughter; 2. Brother, sister, grandmother, grandfather, grandson, and granddaughter; 3. Great-grandfather, great-grandmother, aunt, uncle, nephew, niece, great-grandson, and great-granddaughter; 4. First cousin; 5. Husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepson, and stepdaughter; 6. Sister-in-law (brother's spouse or spouse's sister), brother-in-law (sister's spouse or spouse's brother), spouse's grandmother, spouse's grandfather, spouse's granddaughter, and spouse's grandson; 7. Registered domestic partner, pursuant to California Family Code section 297. 8. The relatives, as defined in 5 and 6 above, for a registered domestic partner. 9. Any person with whom a Board Member shares a financial interest as defined in the Political Reform Act (Gov't Code §87103, Financial Interest), such as a business partner or business associate. THIS FORM IS A PUBLIC DOCUMENT February 9, 2016 Official Minutes 414 February 9, 2016 Official Minutes 415 February 9, 2016 Official Minutes 416 February 9, 2016 Official Minutes 417 February 9, 2016 Official Minutes 418 February 9, 2016 Official Minutes 419 February 9, 2016 Official Minutes 420 February 9, 2016 Official Minutes 421 February 9, 2016 Official Minutes 422 February 9, 2016Official Minutes423 February 9, 2016Official Minutes424 February 9, 2016Official Minutes425 February 9, 2016Official Minutes426 February 9, 2016Official Minutes427 February 9, 2016Official Minutes428 RECOMMENDATION(S): ACCEPT resignation of Louis Buckingham, DECLARE vacancy the District III Family Member seat on the Mental Health Commission, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Mary Nejedly Piepho. FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Mental Health Commission was established by order of the Contra Costa County Board of Supervisors on June 22, 1993, pursuant to the Welfare & Institutions Code 5604, also known as the Bronzan-McCorquodale Act, Stats. 1992, c. 1374 (A.B. 14). The primary purpose of the Commission is to serve in an advisory capacity to the Board of Supervisors and to the Mental Health Division and its staff. Commissioners are appointed by members of the County Board of Supervisors from each of the five districts for a term of three years. Each district has a consumer of mental health services, family member and an at-large representative on the Commission, for a total of 15 members plus a representative and alternate from the Board of Supervisors. The Commissioner notified the District Supervisor of his resignation to the Commission effective immediately on January 6, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lea Castleberry (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 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:Mary N. Piepho, District III Supervisor Date:February 9, 2016 Contra Costa County Subject:VACANCY ON THE MENTAL HEALTH COMMISSION February 9, 2016 Official Minutes 429 RECOMMENDATION(S): APPROVE Appropriaton Adjustment No. 5045 reallocating the Road Fund Balance to Road Construction (0662), Road Maintenance (0672), and Road Administration (0676) and appropriating it to reflect appropriate categories for estimated expenditures in Fiscal Year 2015-2016. FISCAL IMPACT: No Fiscal Impact BACKGROUND: Pursuant to the provisions of the County Budget Act, this action revises the Road Fund budget and appropriates resources to finance current budget requirements. Fund balance for the Road Fund is appropriated annually. CONSEQUENCE OF NEGATIVE ACTION: Road Fund balance will not be appropriated correctly in FY 2015-2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Liza Mangabay 925-313-2232 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 29 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE Appropriation Adjustment Reallocation February 9, 2016 Official Minutes 430 AGENDA ATTACHMENTS TC 27 5045 MINUTES ATTACHMENTS Signed: Appropriation and Adjustments No. 5045 February 9, 2016 Official Minutes 431 February 9, 2016Official Minutes432 February 9, 2016Official Minutes433 February 9, 2016Official Minutes434 February 9, 2016Official Minutes435 RECOMMENDATION(S): ACKNOWLEDGE receipt of the resolution from the San Francisco Bay Restoration Authority calling for a special election and ADOPT Resolution No. 2016/78, ordering that the election be conducted and consolidated with the June 7, 2016 Statewide Primary Election. FISCAL IMPACT: Pursuant to Government Code 66704.5(h), the Authority will reimburse the Contra Costa County Election Division for the incremental costs incurred to conduct the consolidated special election. BACKGROUND: The San Francisco Bay Restoration Authority Governing Board adopted a resolution on January 13, 2016, calling a Special Parcel Tax Election pursuant to Government Code 66700 et seq. The resolution requested that the Board of Supervisors of each of the nine Bay Area counties, including Contra Costa County, consolidate the Special Parcel Tax Election with the June 7, 2016 Statewide Primary Election pursuant to Elections Code 10403. A copy of the Authority's Resolution is attached. The Resolution calls an election on the question of whether an annual parcel tax of $12.00 should be applied to each parcel in the nine Bay Area counties for 20 years. The question has been uniformly designated Measure "AA" by the Registrars of Voters in each of the nine Bay Area counties. To be approved, Measure "AA" must achieve a 2/3 majority of all voters in the entire jurisdiction of the Authority. All nine counties will be bound by the results of the election, whether or not the Measure passes by a 2/3 majority in each county. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: 925-335-7808 Scott Konopasek I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Elections, CAO, Save the Bay, Auditor-Controller, Treasurer-Tax Collector, Assessor C. 30 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:February 9, 2016 Contra Costa County Subject:Consolidation of the San Francisco Bay Restoration Authority Special Election with the June 7, 2016 Primary Election February 9, 2016 Official Minutes 436 BACKGROUND: (CONT'D) > Elections Code section 10403 provides that a district election may be consolidated with another election held on the same date, if ordered by the Board of Supervisors. Government Code 66704.05 mandates such consolidation by the Board of Supervisors. Procedurally, Elections Code section 10403 requires the Authority to file its resolution ordering the election and requesting consolidation with the Board of Supervisors at least 88 days prior to the election. The 88th day prior to the June 7, 2016 election is March 11, 2016. A copy of the resolution must be simultaneously filed with the Registrar of Voters. The resolution must set forth the exact form of the question to be voted upon at the bond election as it is to appear on the ballot. On January 22, 2016, the District timely filed its resolution with the Board of Supervisors, with a copy to the Registrar of Voters, requesting consolidation of the special parcel tax election with the statewide primary election to be held on June 7, 2016. The Authority's resolution complies with all procedural requirements of Elections Code section 10403. In the case of the Authority, there is an additional requirement, unlike other districts. Government Code 66704.05(a) appears to require each county's Board of Supervisors to call the special election in addition to the Authority calling the election. For that purpose, the attached Resolution No. 2016/78 is provided for the Board’s adoption. AGENDA ATTACHMENTS Resolution No. 2016/78 San Francisco Bay Restoration Authority Resolution 13_Special Election San Francisco Bay Restoration Authority Resolution 14_Ballot Measure MINUTES ATTACHMENTS Signed Resolution No. 2016/78 February 9, 2016 Official Minutes 437 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/78 IN THE MATTER OF CONSOLIDATING A SPECIAL ELECTION OF THE SAN FRANCISCO BAY RESTORATION AUTHORITY FOR MEASURE “AA” TO IMPOSE A PARCEL TAX OF TWELVE DOLLARS FOR TWENTY YEARS WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 7, 2016 AND DIRECTING THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION WHEREAS, the San Francisco Bay Restoration Authority adopted Resolution No. 13 on January 13, 2016, ordering a special election to be held on the question of imposing a $12.00 parcel tax for twenty years (Measure “AA” Election); and WHEREAS, Government Code 66704.05(b) defines the authority as a district pursuant to Elections Code 317; and WHEREAS, the San Francisco Bay Restoration Authority adopted Resolution No. 14 on January 13, 2016, requesting that the special parcel tax election be consolidated with the June 7, 2016 Statewide Primary Election; and WHEREAS, Elections Code sections 1000 and 1001 provide that the first Tuesday after the first Monday in June of even-numbered years is a statewide election date and therefore June 7, 2016, is a statewide election date; and WHEREAS, Elections Code section 10403 provides that a district special election may be consolidated with a statewide election if ordered by the Board of Supervisors; and WHEREAS, Government Code 66704.05(a) provides that the Board of Supervisors of the county or counties in which the measure is proposed shall call a special election on the measure . . . (which) shall be consolidated with the next regularly scheduled statewide election; and WHEREAS, Elections Code section 10403 provides that whenever an election called by a district for the submission of any question or proposition is to be consolidated with a statewide election, and the question or proposition is to appear on the same ballot as that provided for the statewide election, the district shall, at least 88 days prior to the date of the election, file with the Board of Supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question or proposition to be voted upon at the election as it is to appear on the ballot; and WHEREAS, Elections Code section 10403 further provides that the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the resolution calling the election; and WHEREAS, the Authority has adopted and timely filed the required resolutions with the Clerk of the Board of Supervisors and the elections official requesting that the Measure “AA” election be consolidated with the June 7, 2016, statewide primary election, and that the County Clerk-Recorder Elections Division be directed to conduct the election; and WHEREAS, the Authority has established the deadlines for filing arguments for and against Measure “AA” of no later than 5 p.m. on March 23, 2016 and the deadline for rebuttals of no later than 5 p.m. on March 28, 2016, and the deadline for an Impartial Analysis of no later than 5 p.m. on March 11, 2016; and WHEREAS, as required by Government Code 66704.05(h), the Authority has agreed to reimburse Contra Costa County for all “incremental costs” of conducting the Measure AA election, upon presentation of a bill performed for the Authority by the Registrar of Voters; and 4 1 February 9, 2016 Official Minutes 438 WHEREAS, the Board believes that consolidating the Measure “AA” election with the statewide primary election would be cost effective and is the most appropriate manner in which to proceed; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County, State of California, hereby orders and proclaims that the San Francisco Bay Restoration Authority Special Parcel Tax Measure “AA” election shall be consolidated with the June 7, 2016 Statewide Primary Election; and BE IT FURTHER RESOLVED that the Measure “AA” election shall be for the purposes set forth in the Authority’s Resolution No. 14; and BE IT FURTHER RESOLVED that the following question, which the Registrar of Voters has designated as Measure "AA", shall be submitted to voters, as set forth in the Authority Resolution 14. The Registrar of Voters is hereby instructed to place the question on the ballot at said election in substantially the following form: BE IT FURTHER RESOLVED that the polls shall be open from 7:00 a.m. to 8:00 p.m. on Election Day, June 7, 2016. The manner of holding the election and the procedure for voting for and against the Measure presented shall be as set forth in the Elections Code for special parcel tax elections which are consolidated with a statewide primary election; and BE IT FURTHER RESOLVED that all precincts established and all election officers appointed for the June 7, 2016 Statewide Primary Election shall be the precincts and election officers for the Measure "AA" election, and the election officers shall conduct the election and make return thereof according to law; and BE IT FURTHER RESOLVED that Elections Code section 9300, et seq., shall apply to this Measure "AA" election; and BE IT FURTHER RESOLVED that the entire text of Measure "AA"; shall be printed in the voter information which accompanies the official vote by mail ballot and in the appropriate sample ballot pamphlet; and BE IT FURTHER RESOLVED that the Registrar of Voters conducting the election may publish a notice of the election in a newspaper of general circulation within the County not later than fifty (50) days prior to the election; and BE IT FURTHER RESOLVED that the request of the Authority, as set forth in its Resolution No. 14, and authorized by Elections Code section 10403, is approved and the County Clerk-Recorder Elections Division is hereby authorized and directed to procure and furnish those election services requested by the Authority as is more fully set forth in the aforementioned Resolution; and BE IT FURTHER RESOLVED that the Registrar of Voters is directed to submit to the Authority a bill for the election services provided by the County Clerk-Recorder Elections Division in conformity with Government Code section 66704.05(h). Contact: 925-335-7808 Scott Konopasek I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Elections, CAO, Save the Bay, Auditor-Controller, Treasurer-Tax Collector, Assessor February 9, 2016 Official Minutes 439 February 9, 2016Official Minutes440 February 9, 2016Official Minutes441 February 9, 2016 Official Minutes 442 February 9, 2016Official Minutes443 February 9, 2016 Official Minutes 444 February 9, 2016Official Minutes445 February 9, 2016 Official Minutes 446 February 9, 2016Official Minutes447 February 9, 2016 Official Minutes 448 February 9, 2016Official Minutes449 February 9, 2016 Official Minutes 450 February 9, 2016Official Minutes451 February 9, 2016 Official Minutes 452 February 9, 2016Official Minutes453 February 9, 2016 Official Minutes 454 February 9, 2016Official Minutes455 February 9, 2016 Official Minutes 456 February 9, 2016Official Minutes457 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21817 to make the following position adjustments in the Department of Information Technology: ADD two (2) Deputy Director of Information Technology-Exempt (LTD1) (unrepresented) positions at salary plan and grade B85 2032 ($8,327 - $10,121); and 1. CANCEL one (1) vacant Deputy Chief Information Officer - Geographic Information System (GIS)- Exempt (LTD2) (unrepresented) position (#11694) at salary plan and grade B85 2032 ($8,327 - $10,121), and one (1) Deputy Director/Chief Information Security Officer - Exempt (LWS1) (unrepresented) position (#36) at salary plan and grade B85 2032 ($8,327 - $10,121), and ABOLISH these classes. 2. FISCAL IMPACT: The increased cost this fiscal year is $149,091. The estimated increased annual costs are $357,819. Of that amount, $64,344 is attributable to employer retirement contributions. These positions are part of the DoIT/Telecommunications staffing plan. The increased personnel costs will be funded this current year through salary savings from vacant positions and in future fiscal years through service fees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Edward Woo 925-383-2688 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: James Hicks, Marta Goc, Joanne Buenger C. 32 To:Board of Supervisors From:Ed Woo, Chief Information Officer Date:February 9, 2016 Contra Costa County Subject:Add 2 Deputy Director Of Information Technology (LTD1) & Cancel 1 LTD2 and 1 LWS1 February 9, 2016 Official Minutes 458 BACKGROUND: In an effort to perform its functions more effectively and efficiently, the number of DoIT/Telecommunications job classifications is being reduced. This action abolishes two (2) job classifications and integrates the job duties for those classes with the Deputy Director of Information Technology-Exempt job class, which will establish a class structure that is more easily administered and is comparable to classification structures utilized within other County departments. This action will increase the number of authorized and funded positions within DoIT/Telecommunications from 76 to 78. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, DoIT/Telecommunications will not have the appropriate classifications to manage complex technology and main support of other County departments' technology and telecommunications needs. AGENDA ATTACHMENTS P300 21817: Add 2 Dep CIO; Cxl Dep CIO-GIS and Dep CIO Info Security MINUTES ATTACHMENTS P300 #21817 signed February 9, 2016 Official Minutes 459 POSITION ADJUSTMENT REQUEST NO. 21817 DATE Department No./ Department CAO-DoIT Budget Unit No. 0147 Org No. 1050 Agency No. A03 Action Requested: ADD two (2) full time Deputy Director Of Information Technology (LTD1) positions ($8,327 - $10,121). Cancel one (1) vacant Deputy Chief Information Officer - Geographic Information System (GIS) (LTD2) position (11694), and one (1) Deputy Director/Chief Information Security Officer (LWS1) position (36) ($8,327 - $10,121). Proposed Effective Date: 2/1/2016 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 $357,819.00 Net County Cost $0.00 Total this FY $149,091.25 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% offset by department user fees Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Edward Woo ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT /s/ Julie DiMaggio Enea 1/13/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/28/2016 ADD two (2) Deputy Director Of Information Technology-Exempt (LTD1) positions at salary plan and grade ($8,327 - $10,121); CANCEL one (1) vacant Deputy Chief Information Officer - Geographic Information System-Exempt (LTD2) position #11694 and one (1) Deputy Director/Chief Information Security Officer-Exempt (LWS1) position #36 at salary plan and grade B85 2032 ($8,327 - $10,121), and ABOLISH those classes. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Marta Goc 1/28/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 2/3/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea 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 9, 2016 Official Minutes 460 REQUEST FOR PROJECT POSITIONS Department Date 2/3/2016 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 9, 2016 Official Minutes 461 February 9, 2016Official Minutes462 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21826 to add the following represented positions in the Health Services Department: three (3) full-time Exempt Medical Staff Physician (VPW9) at salary level 1P5-2312 ($11,052 - $14,864); two (2) full-time Family Nurse Practitioner (VWSB) at salary level L35-1873 ($9,023 - $10,968); one (1) full-time Registered Nurse-Advanced Level (VWXE) at salary level L32-1878 ($9,342 - $9,576); one (1) full-time Registered Nurse-Experienced Level (VWXD) at salary level L3H-0400 ($7,853 - $8,753); two (2) part-time 24/40 Registered Nurse-Experienced Level (VWXD) at salary level L3H-0400 ($7,853 - $8,753); four (4) full-time Licensed Vocational Nurse (VT7G) at salary level QBX-1287 ($3,970 - $5,070); four (4) full-time Certified Medical Assistant (VTWC) at salary level QB5-1088 ($3,268 - $3,973); one (1) full-time Clerical Supervisor (JWHF) at salary level K6X-1290 ($3,982 - $5,085); two (2) Clerk-Specialist Level (JWXD) at salary level 3RX-1156 ($3,487 - $4,453); three (3) full-time Clerk-Senior Level (JWXC) at salary level 3RX-1033 ($3,087 - $3,943); four (4) part-time 32/40 Clerk-Senior Level (JWXC) at salary level 3RX-1033 ($3,087 - $3,943); APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jo-Anne Linares, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 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:William Walker, M.D., Health Services Date:February 9, 2016 Contra Costa County Subject:Add 34 positions in varied classifications in the Health Services Department February 9, 2016 Official Minutes 463 RECOMMENDATION(S): (CONT'D) one (1) full-time Community Health Worker II (VKVB) at salary level QT5-1043 ($3,126 - $3,800); one (1) full-time Senior Radiologic Technologist (V8VA) at salary level QT5-1737 ($6,215 - $ 7,555); one (1) full-time Laboratory Technician II (VJVA) at salary level QT5-1095 ($3,291 - $4,001); one (1) Biomedical Equipment Technician I (VFWG) at salary level QT5-1491 ($4,872 - $5,371); one (1) Medical Social Worker II (X4VH) at salary level 255-1590 ($5,373 - $6,531); and two (2) full-time Institutional Services Worker-Generalist (1KVD) at salary level QS5-0922 ($2,773 - $3,371) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $4,070,099 which includes pension costs of $868,910. The costs will be completely offset by Federally Qualified Health Care and third party revenues. BACKGROUND: The Health Services Department is requesting to add these 34 positions allocated to the newly expanded Antioch Health Center. Currently, the clinic is providing 216 hours of ambulatory care to our Contra Costa Health Plan members and County residents. Expanded services are necessary due to the increased volume and demand associated with the Affordable Care Act and the resulting increased membership in the Contra Costa Health Plan. The expansion will provide an additional 152 weekly hours equivalent to 38 four-hours of Family Practice clinics and Group clinics. The increased capacity will allow a total of 1,386 patient visits per week with full capacity which will be implemented in thee (3) phases. These 34 positions are include in Phase One, and a subsequent request for Phase Two and Phase Three will be submitted at a later date. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Antioch Health Center will not have adequate staffing to provide increased patient care services. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS P300 No. 21826 HSD P300 No. 21826 Attachment 1 MINUTES ATTACHMENTS P300 #21826 signed February 9, 2016 Official Minutes 464 POSITION ADJUSTMENT REQUEST NO. 21826 DATE 1/27/2016 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6410 Agency No. A18 Action Requested: Add 34 permanent positions in the Health Services Department. (See Attachment 1) Proposed Effective Date: 2/10/2016 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 $4,070,099.00 Net County Cost Total this FY $1,356,699.00 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% FQHC and Third Party Revenues Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ 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 2/2/2016 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 9, 2016 Official Minutes 465 REQUEST FOR PROJECT POSITIONS Department Date 2/3/2016 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 o f: 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 9, 2016 Official Minutes 466 Antioch Health Center Expansion P300 ATTACHMENT 1 Antioch Health Center – Phase one o Three (3) PFT Physicians (VPW9) o Two (2) PFT Family Nurse Practitioner (VWSB) o One (1) PFT Registered Nurse- Advanced Level (VWXE) o One (1) PFT Registered Nurse-Experienced Level (VWXD) o Two (2) (24/40) Registered Nurse-Experienced Level (VWXD) o Four (4) PFT Licensed Vocational Nurse (VT7G) o Four (4) PFT Certified Medical Assistant (VTWC) o One (1) PFT Clerical Supervisor (JWHF) o Two (2) PFT Clerk – Specialist (JWXD) o Three (3) PFT Clerk - Senior Level (JWXC) o Four (4) (32/40) Clerk - Senior Level (JWXC) o One (1) PFT Community Health Worker II (VKVB) o One (1) PFT Senior Radiologic Technologist (V8VA) o One (1) PFT Laboratory Technician II (VJVA) o One (1) PFT Bio-med Equipment Technician I (VFWG) o One (1) PFT Medical Social Worker II (X4VH) o Two (2) PFT Institutional Services Worker - Generalist (1KVD) February 9, 2016 Official Minutes 467 Antioch Health Center Expansion February 9, 2016 Official Minutes 468 February 9, 2016Official Minutes469 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21824 to add one (1) Administrative Services Assistant II (APVA) position ($4,795-$5,828) and cancel one vacant (1) Information Systems Technician II (LTVB) position #9636 ($4,895-$5,950) in the Information Technology unit of the Health Services Department. FISCAL IMPACT: There are no additional costs associated with this action. There will be a cost savings of $2,160 annually with benefits, including $521 in pension costs. BACKGROUND: Health Services Information Technology has identified a need for an Administrative Services Assistant II position to support its contracting and procurement operations. This position will support the purchasing of IT equipment, software, systems, and services. Working with vendors for quotes, preparation of software and services agreements, purchase orders, and services contracts. Recently, the process for acquiring software, services, and training changed from a routine Purchase Order to the use of a Software and Services Agreement (SSA). The SSA is a very detailed APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kristen Cunningham, (925) 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 35 To:Board of Supervisors From:William Walker, M.D., Health Services Date:February 9, 2016 Contra Costa County Subject:Add one Administrative Services Assistant II and cancel one Information Systems Technician II in the Health Services Department February 9, 2016 Official Minutes 470 BACKGROUND: (CONT'D) legal document which requires the IT department to work more closely with the various vendors to develop a document which clearly describes the work to be performed, terms and conditions, and scope of service. These responsibilities are more appropriately aligned with that of an Administrative Services Assistant II rather than an Information Systems Technician II. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Health Services Information Technology division will not have the appropriate personnel to staff its operations. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS P300 No. 21824 HSD MINUTES ATTACHMENTS P300 #21824 signed February 9, 2016 Official Minutes 471 POSITION ADJUSTMENT REQUEST NO. 21824 DATE 1/26/2016 Department No./ Department HEALTH SERVICES-Info Technology Budget Unit No. 0540 Org No. 6555 Agency No. A18 Action Requested: Add one (1) Administrative Services Assistant II (APVA) position and cancel one vacant Information Systems Technician II (LTVB) position #9636 in the Information Technology division of the Health Services Department. Proposed Effective Date: 2/10/2016 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 ($2,160.19) Net County Cost $0.00 Total this FY ($900.08) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Annual cost savings of $2,160.19. 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 2/2/2016 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 9, 2016 Official Minutes 472 REQUEST FOR PROJECT POSITIONS Department Date 2/2/2016 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 c urrent job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 9, 2016 Official Minutes 473 February 9, 2016Official Minutes474 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21823 to add one (1) Human Resources Systems Specialist (AGTG) (unrepresented) position at salary plan and grade B85 1613 ($5,499 - $6,684) and cancel one (1) Clerk-Specialist Level (JWXD) (represented) position no. 15909 at salary plan and grade 3RX 1156 ($3,487 - $4,453) in the Human Resources Department. FISCAL IMPACT: This action will result in a net cost of $42,003, of which approximately $13,000 is attributed to pension. The cost of this action is 100% funded through the Benefit Administration Fee. BACKGROUND: Contra Costa County offers a wide variety of benefits to approximately 9000 active employees and 8000 retirees. To facilitate this work flow, the Human Resources - Employee Benefits Service Unit (EBSU) utilizes the PeopleSoft platform, which is currently on the 8.8 version. HR is upgrading to PeopleSoft 9.2 and adding the Benefits Administration and Benefits Billing modules which will significantly increase efficiency and accuracy through automation. Maintenance of the upgraded system requires a level of technical expertise well above the current job classification. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Lopez 925-335-1779 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Lisa Lopez C. 31 To:Board of Supervisors From:Kathy Ito, Human Resources Consultant Date:February 9, 2016 Contra Costa County Subject:Add one Human Resources Systems Specialist position and cancel one Clerk-Specialist Level position February 9, 2016 Official Minutes 475 BACKGROUND: (CONT'D) The Human Resources Systems Specialist, expected to have advanced technical knowledge of the PeopleSoft Personnel System, will provide interpreting and implementing policies and procedures, developing and updating work flows, standardized monthly and annual reporting and analysis, building system queries, and providing advice and support to EBSU HR Techs and Clerks. In addition, responsibilities and tasks from other departments will also be shifted to EBSU with this transition, increasing the work load and reporting expectations. CONSEQUENCE OF NEGATIVE ACTION: Failure to add the position of Human Resources Systems Specialist job classification will result in a lower classification being inappropriately tasked with the work needed during and after the departments transition and will impede the County’s ability to recruit and hire a qualified candidate. AGENDA ATTACHMENTS P300 21823 MINUTES ATTACHMENTS P300 #21823 signed February 9, 2016 Official Minutes 476 POSITION ADJUSTMENT REQUEST NO. 24386 DATE 1/27/2016 Department No./ Department Human Resources Budget Unit No. 0035 Org No. 1305 Agency No. 05 Action Requested: Add one Human Resources Systems Specialist and cancel one Clerk Specialist Level position #15909 Proposed Effective Date: 02/09/2016 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 $42,003 Net County Cost $0.00 Total this FY $14,000 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Benefit Administration Fee Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. L. Lopez ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Driscoll 11/24/2015 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/28/2016 Add one Human Resources Systems Specialist (AGTG) (unrepresented) position at salary plan and grade B85 1613 ($5,499 - $6,684) and cancel one Clerk-Specialist Level (JWXD) (represented) position no. 15909 at salary plan and grade 3RX 1156 ($3,487 - $4,453) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 01/01/2016(Date) L. Lopez ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/24/2015 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources L.Driscoll 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 9, 2016 Official Minutes 477 REQUEST FOR PROJECT POSITIONS Department Date 2/1/2016 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 9, 2016 Official Minutes 478 February 9, 2016Official Minutes479 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21818 to add one (1) Information Systems Programmer/Analyst III (LPTB) (represented) position at salary plan and pay grade ZA5 1694 ($5,956.09 - $7,239.66) and cancel one (1) Business Systems Analyst (LTWK) (represented) position #14934 at salary plan and pay grade ZB5 1694 ($5,956.09 - $7,239.66) in the County Administrator's Office (Law & Justice Systems Division). FISCAL IMPACT: The two classifications are compensated at the same level ($5,956.09 - $7,239.66), therefore, the switch in classifications is cost-neutral. The Business Systems Analyst position is currently funded at a 50% level with AB 109 Public Safety Realignment funds. We propose to fund the balance of the position with County General Funds that are already budgeted (Org. 1095) for the case management systems project, raising the authorized and funded position count for the program from 2.5 to 3. BACKGROUND: The County Administrator's Office manages and coordinates the integrated case management systems used by the District Attorney, Probation, and Public Defender departments, as well as countywide justice systems such as the Justice Automated Warrant System and the All County Criminal Justice Information Network. Two staff are currently assigned to perform this work, with added support from the Department of Information Technology, justice department staff, and outside vendors. A third position was added to the County Administrator's Office in 2013 under APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: James Hicks, MJ Dejesus-Saepharn, Julie DiMaggio Enea C. 34 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Add one Information Systems Programmer/Analyst III position and cancel one Business Systems Analyst position in the County Administrator's Office February 9, 2016 Official Minutes 480 BACKGROUND: (CONT'D) > Public Safety Realignment (AB 109) to assist with the implementation of new justice case management systems to replace the legacy mainframe system, which is quickly becoming obsolete. The CAO has utilized temporary help in lieu of filling the third position permanently until the project had progressed enough to determine the necessary skill set and most appropriate job classification for the position. Phase I of the District Attorney case management system has been completed and the CAO has determined that the Information Systems Programmer/Analyst III job class will best meet the technical needs of the division going forward. The Information Systems Programmer/Analyst III job class requires technical programming and database management knowledge and skills that are not required by the Business Systems Analyst class, which emphasizes project management and business process engineering skills. CONSEQUENCE OF NEGATIVE ACTION: Lacking approval, the Office would be unable to recruit the necessary skills to assist with implementation and maintenance of the law and justice case management systems that are critical to the operation of the District Attorney, Probation, and Public Defender departments, as well as the Superior Court and local law enforcement agencies that depend on the resources of those systems. CHILDREN'S IMPACT STATEMENT: None. AGENDA ATTACHMENTS AIR 24495 P300 21818 Add and Cancel MINUTES ATTACHMENTS P300 #21818 signed February 9, 2016 Official Minutes 481 POSITION ADJUSTMENT REQUEST NO. 21818 DATE 1/25/16 Department No./ Department County Administrator Budget Unit No. 0235 Org No. 1095 Agency No. 3 Action Requested: Add one Information Systems Programmer/Analyst III (LPTB) position at salary $5,956.09 - $7,239.66 and cancel one Business Systems Analyst (LTWK) position # 14934 at salary ($5,956.09 - $7,239.66). 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 $115,524.00 Net County Cost $115,524.00 Total this FY $48,135.00 N.C.C. this FY $48,135.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 50% AB 109, 50% General Fund; Budgeted Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. /s/ Julie DiMaggio Enea ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT /s/ Julie DiMaggio Enea 1/25/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/26/2016 Add one (1) Information Systems Programmer/Analyst III (LPTB) (represented) position at salary plan and pay grade ZA5 1694 ($5,956.09 - $7,239.66) and cancel one (1) Business Systems Analyst (LTWK) (represented) position #14934 at salary plan and pay grade ZB5 1694 ($5,956.09 - $7,239.66) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 9, 2016 Official Minutes 482 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 9, 2016 Official Minutes 483 February 9, 2016Official Minutes484 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21825 to add one (1) Medical Social Worker II (X4VH) position ($5,373-$6,531) and cancel vacant Registered Nurse-Experienced Level (VWXD) position #16227 ($7,853-$8,753) in the Contra Costa Health Plan division of the Health Services Department. FISCAL IMPACT: There are no additional costs associated with this action. There will be a cost savings of approximately $39,198 annually with benefits, including $9,466 in pension costs. BACKGROUND: Contra Costa Health Plan's Utilization Management/Authorization unit has identified a need for a Medical Social Worker II position to meet its mandated requirements. The duties associated with this position include but are not limited to: work collaboratively with the UM/Authorization Registered Nurses and Health Plan Authorization Representatives to gather information for referrals; manage interventions with families; develop treatment plans; follow cases in/out of hospital; exchange information with the RN so that clinical information can be documented and referrals APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 33 To:Board of Supervisors From:William Walker, M.D., Health Services Date:February 9, 2016 Contra Costa County Subject:Add one Medical Social Worker II position and cancel one Registered Nurse-Experienced Level position in the Health Services Department February 9, 2016 Official Minutes 485 BACKGROUND: (CONT'D) can be entered for approval/assignment to an appropriate vendor; work with families telephonically to gather information; provide support and intervention as needed; and understand the authorization process and its timelines The unit has identified the skill-set and associated duties of a Medical Social Worker II as being more appropriate than a Registered Nurse-Experienced Level to best accomplish the aforementioned tasks. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Health Plan will not have adequate staffing to meet the mandated requirements of the Plan. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS P300 No. 21825 HSD MINUTES ATTACHMENTS P300 #21825 signed February 9, 2016 Official Minutes 486 POSITION ADJUSTMENT REQUEST NO. 21825 DATE 1/25/2016 Department No./ Department HEALTH SERVICES-CCHP Budget Unit No. 0860 Org No. 6109 Agency No. A18 Action Requested: Add one Medical Social Worker II (X4VH) position and cancel vacant Registered Nurse-Experienced Level (VWXD) position #16227 in the Contra Costa Health Plan division of the Health Services Department Proposed Effective Date: 2/10/2016 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 ($39,198.02) Net County Cost $0.00 Total this FY ($16,332.51) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. 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 2/2/2016 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 9, 2016 Official Minutes 487 REQUEST FOR PROJECT POSITIONS Department Date 2/2/2016 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 c urrent job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 9, 2016 Official Minutes 488 February 9, 2016Official Minutes489 RECOMMENDATION(S): ADOPT Resolution No. 2016/65 confirming applicability of Government Code section 31870 (Two Percent Cost of Living Adjustment to Retirement Benefit) for employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers, who become New Members of CCCERA on and after July 1, 2014, in the PEPRA Retirement Tier. FISCAL IMPACT: Implementation of a change in the Cost of Living Adjustment (COLA) to the pension benefit for employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers, who become New Members of CCCERA on and after July 1, 2014, in the PEPRA Retirement Tier is intended to result in long term savings for both the employees and the County. BACKGROUND: In the Memoranda of Understanding ratified by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers and approved by the Board of Supervisors on July 29, 2014 by Resolution No. 2014/256, No. 2014/257, and No. 2014/258 respectively, the parties agreed that employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers who become New Members of CCCERA on or after July 1, 2014, in APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: County Counsel, Employee Benefits Manager C. 37 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Confirm Implementation of Two Perfent Cost of Living Adjustment to Retirement Benefit for Employees Represented by Specified Bargining Units February 9, 2016 Official Minutes 490 BACKGROUND: (CONT'D) > the PEPRA Retirement Tier will have up to a two percent banked COLA to their retirement benefit (Government Code, § 31870), rather than up to a three percent banked COLA (Government Code, § 31870.1) as applicable to certain other members of CCCERA. Employees hired on or after July 1, 2014, in classifications eligible for membership in CCCERA, become members of CCCERA on or August 1, 2014. (Government Code, § 31552.) Consistent with the respective Memoranda of Understanding with the above-named labor organizations, adoption of Resolution No. 2016/65 will confirm the change to the COLA for future employees who become New Members of CCCERA in the PEPRA Tier. (Government Code, §31483.) CONSEQUENCE OF NEGATIVE ACTION: Inconsistency regarding implementation methodology for negotiated two percent cost of living adjustment to retirement benefit. AGENDA ATTACHMENTS Resolution No. 2016/65 MINUTES ATTACHMENTS Res 2016/68 signed February 9, 2016 Official Minutes 491 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/65 SUBJECT: Confirmation of Implementation of Cost of Living Adjustment to the Pension Benefit (Government Code Section 31870) for Employees Represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers Hired On or After July 1, 2014, Who Become New Members of CCCERA in the PEPRA Retirement Tier Whereas Government Code section 31485.9 authorizes the provision of different retirement benefits to different bargaining units for non-safety employees hired after a specified future date, when those benefits are adopted by the Board of Supervisors by majority vote pursuant to a Memorandum of Understanding; and Whereas Government Code section 31483 provides that whenever the Board of Supervisors has adopted a resolution or ordinance making a particular provision of the County Employees Retirement Law of 1937 (Gov. Code, §§ 31450 et. seq.) applicable, the Board may, through a future resolution or ordinance, terminate the applicability of the provision as to employees of the County whose services commence after a future date specified in the latter ordinance or resolution; and Whereas Government Code section 31870 provides for a Cost of Living Adjustment to the retirement allowance that shall not exceed two percent (2%) per year and that is banked; and Whereas Government Code section 31552 provides that each person entering county employment becomes a member of the Contra Costa County Employees Retirement Association (CCCERA) on the first day of the calendar month after his/her entrance into county service, provided that the person enters a position eligible for membership in CCCERA; and Whereas pursuant to section 31552, persons who enter County employment in classifications eligible for membership in CCCERA on or after July 1, 2014, become members of CCCERA on or after August 1, 2014; and Whereas the County and AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers agreed in Memoranda of Understanding ratified by the bargaining units and approved by the Board of Supervisors on July 29, 2014, by Resolution No. 2014/256, No. 2014/257, and No. 2014/258 respectively, that for all employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers who become New Members of CCCERA on or after July 1, 2014, in the PEPRA Retirement Tier, the COLA to the employee’s retirement allowance shall not exceed two percent (2%) per year and shall be banked. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVES THAT: 1. Government Code section 31870.1 (banked COLA not to exceed three percent) shall not apply to any employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers who are hired on or after July 1, 2014, who become New Members of CCCERA (as defined by PEPRA) in the PEPRA Retirement Tier. Instead, Government Code section 31870 (banked COLA not to exceed two percent) shall apply to such employees represented by AFSCME Local 512, AFSCME Local 2700, and Western Council of Engineers who are hired on or after July 1, 2014; and 2.The effective date of this resolution is July 1, 2014. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors 4 1 February 9, 2016 Official Minutes 492 By: Chris Heck, Deputy cc: County Counsel, Employee Benefits Manager February 9, 2016 Official Minutes 493 C.91 February 9, 2016 Official Minutes 494 February 9, 2016 Official Minutes 495 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with 777 Arnold Drive, LLC, effective February 9, 2016, for approximately 20,089 square feet of rentable office space for the Contra Costa County Library Administration at 777 Arnold Drive, Suite 210, Martinez, at an initial annual rent of $325,000 for the first two years with an annual increase thereafter, for a term of 12 years with two five-year renewal terms, under the terms and conditions set forth in the lease. AUTHORIZE the Public Works Director, or designee, to execute any renewal options thereafter. FISCAL IMPACT: 100% Library Fund. BACKGROUND: The Library Administration is currently located at 75 Santa Barbara Road in Pleasant Hill, and currently occupies approximately 18,000 square feet of the main building, which is 58,381 square feet. The current building has a long list of deferred maintenance issues, such as a non-energy efficiency, asbestos insulation and flooring, non-ADA compliant, in need of a new roof, needs an expanded and updated fire suppression and fire alarm system, has technology capacity APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Julin Perez-Berntsen, 925-313-2010 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 38 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Execute a lease with 777 Arnold Drive, Suite 210, Martinez - Library Administration February 9, 2016 Official Minutes 496 BACKGROUND: (CONT'D) issues due to the age of the facility, is not seismically retrofitted, and needs a replacement of the majority of the building systems. Under the new lease at 777 Arnold Drive, Suite 210, the lessor is providing the Library Administration with 44 cubicles worth over $250,000, and concessions in tenant improvements worth over $437,500. CONSEQUENCE OF NEGATIVE ACTION: If this lease is not approved, the Library Administration will continue to work in a highly deferred maintenance building, while the County will incur additional expenses in finding a new location. ATTACHMENTS Lease Work Letter February 9, 2016 Official Minutes 497 February 9, 2016 Official Minutes 498 February 9, 2016 Official Minutes 499 February 9, 2016 Official Minutes 500 February 9, 2016 Official Minutes 501 February 9, 2016 Official Minutes 502 February 9, 2016 Official Minutes 503 February 9, 2016 Official Minutes 504 February 9, 2016 Official Minutes 505 February 9, 2016 Official Minutes 506 February 9, 2016 Official Minutes 507 February 9, 2016 Official Minutes 508 February 9, 2016 Official Minutes 509 February 9, 2016 Official Minutes 510 February 9, 2016 Official Minutes 511 February 9, 2016 Official Minutes 512 February 9, 2016 Official Minutes 513 February 9, 2016 Official Minutes 514 February 9, 2016 Official Minutes 515 February 9, 2016 Official Minutes 516 February 9, 2016 Official Minutes 517 February 9, 2016 Official Minutes 518 February 9, 2016 Official Minutes 519 February 9, 2016 Official Minutes 520 February 9, 2016 Official Minutes 521 February 9, 2016 Official Minutes 522 February 9, 2016 Official Minutes 523 February 9, 2016 Official Minutes 524 February 9, 2016 Official Minutes 525 February 9, 2016 Official Minutes 526 February 9, 2016 Official Minutes 527 February 9, 2016 Official Minutes 528 February 9, 2016 Official Minutes 529 February 9, 2016 Official Minutes 530 February 9, 2016 Official Minutes 531 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to accept, on behalf of the County, Grant Award #28-882 from Sutter Health, to pay the County in an amount not to exceed $97,275, for the County’s Concord interim housing, transportation and services Project, for the period from December 25, 2015 through December 24, 2016. FISCAL IMPACT: Acceptance of this grant award will result in an amount not to exceed $97,275 for the County’s Concord interim housing, transportation and services project through December 24, 2016. No County match required. BACKGROUND: The Concord Shelter in conjunction with the County’s Behavioral Health Services Division is part of a comprehensive strategy to provide housing and services to the homeless in Contra Costa County. The Behavioral Health Services Division Homeless Program will dedicate three beds within the Concord Shelter for Sutter Delta patients who are homeless, identified to be too low acuity to access the Respite Shelter program, capable of self-care and are appropriate for placement in regular shelter programs. These homeless residents are allowed stay up to 120 days. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon (925) 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 46 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Accept Grant Award #28-882 from Sutter Health East Bay Hospitals February 9, 2016 Official Minutes 532 BACKGROUND: (CONT'D) Approval of Grant Award #28-882 will provide funding to support County’s Behavior Health Services Division Concord interim housing, transportation and services project for homeless patients, through December 24, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this award is not approved, the County will not receive funding to support homeless residents being discharged from Sutter Delta Hospital in Antioch. CHILDREN'S IMPACT STATEMENT: Not Applicable February 9, 2016 Official Minutes 533 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, on behalf of the Homeless Continuum of Care, to submit a Consolidated Application for the 2015 McKinney-Vento Continuum of Care Funding, along with necessary certifications and assurances to the Department of Housing and Urban Development (HUD) in an amount not to exceed $12,568,529 to provide supportive housing and services to homeless individuals and families in Contra Costa County for fiscal year 2015/2016. FISCAL IMPACT: No County match required. BACKGROUND: Since 1996, the County, as the designated Continuum of Care Coordinator, has submitted an annual Consolidated Application for Continuum of Care funds. Currently, the County Homeless Program, Contra Costa Council on Homelessness, and the community are preparing the Consolidated Application for the 2015 Notice of Funds Availability (NOFA). In 2013, Contra Costa County received just over $10 million in APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg , M Wilhelm C. 45 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Application for 2015 Consolidated Application for McKinney-Vento Continuum of Care Funding February 9, 2016 Official Minutes 534 BACKGROUND: (CONT'D) McKinney-Vento Homeless Assistance funds. The annual Consolidated Application, in response to the HUD NOFA for Continuum of Care Funding, is a primarily source of funding to Contra Costa County agencies for providing housing and services for the homeless. Historically, Contra Costa County has received our established “pro rata” need – all of which goes to supportive housing and services to homeless individuals and their families in Contra Costa County. The Council on Homelessness has established a process for the 2015 NOFA that is aligned with HUD priorities and provides for the continual strengthening of the County’s Consolidated Application. HUD is insistent that the application demonstrates clear evidence of community oversight through the planning body of homeless services. The CCICH has approved the community process and timeline for the development of the County’s Consolidated Application this year. The County Homeless Program is working with the Contra Costa Council on Homelessness and community agencies to strengthen this year’s application and maximize the amount of HUD funding that comes to Contra Costa agencies. CONSEQUENCE OF NEGATIVE ACTION: If this application is not approved, County will not receive McKinney-Vento Homeless Assistance funds to support housing and services for homeless individuals. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 535 RECOMMENDATION(S): ADOPT Resolution No. 2016/69 to Authorize and Direct the Conservation and Development Director, or designee, to: SUBMIT to the California Department of Housing and Community Development (HCD), the Housing Related Parks (HRP) Program Application Package for the 2015 Designated Program Year in an amount not to exceed $158,400; and 1. EXECUTE a Standard Agreement with HCD in an amount not to exceed $158,400, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from HCD. 2. FISCAL IMPACT: No impact to the County General Fund. All project costs will be funded by revenue from grant funds from California Department of Housing and Community Development's Housing Related Parks Program. BACKGROUND: In October 2015, California Department of Housing and Community Development (HCD) released a notification of funding availability (NOFA) for $35 million in grant funding under its Housing-Related Parks (HRP) Program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kristine Solseng (925) 674-7809 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 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:John Kopchik, Director, Conservation & Development Department Date:February 9, 2016 Contra Costa County Subject:Authorization to apply for California Department of Housing and Community Developments' Housing Related Parks Program grant funds February 9, 2016 Official Minutes 536 BACKGROUND: (CONT'D) > The HRP program is funded through the passage of Proposition 1C (the Housing and Emergency Shelter Trust Fund Act of 2006) which creates an incentive for local governments to build affordable housing by providing the reward of grant funds to meet the need for park facilities in their communities. The grant funds are available on a noncompetitive basis with the award determined by a formula consisting of the number of bedrooms constructed and affordable units available plus bonus funds awarded based on location of the housing units, location of proposed project, and implementation of the jurisdictions Housing Element. Eligible units must be in unincorporated Contra Costa County and have building permits issued between 2010 and 2015. Based on the formula provided by HCD the County is eligible for an estimated $158,400, based on the development of the following affordable housing projects. Eligible HRP Program Affordable Housing Development Project Community Units Bedrooms El Rincon Bay Point 9 27 Scattered Sites Bay Point 2 6 Muir Ridge Pacheco 12 39 Proposed Parks The proposed projects are located in the communities where the housing is located and include trail improvements along the Bay Point Regional Trail Shoreline ($76,650) and improvements to the Las Juntas Elementary School district play field in Pacheco ($83,850). Projects were identified using information gathered by staff in developing the expenditure plan for Measure WW local park funds. If awarded, the Department of Conservation and Development will enter into agreements with East Bay Regional Park District (EBRPD) and Martinez Unified School District (MUSD) to implement the grant funding. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Conservation and Development Director, or designee, will not enter into a Standard Agreement with HSD and would not be eligible to receive the HRPP grant funds. CHILDREN'S IMPACT STATEMENT: The proposed project will support the following community outcomes established in the Children's Report Card: 1) Children and youth are healthy and prepaparing for a productive adulthood; 2) Families are safe, stable, and nurturing; 3) Communities are safe and provide a high quality of life for children and families. AGENDA ATTACHMENTS Resolution No. 2016/69 Standard Agreement Template MINUTES ATTACHMENTS Res 2016/69 signed February 9, 2016 Official Minutes 537 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/69 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AUTHORIZING APPLICATION FOR HOUSING RELATED PARKS GRANT WHEREAS the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability dated October 26, 2015 (NOFA), under its Housing-Related Parks (HRP) Program, and WHEREAS, the Contra Costa County Department of Conservation and Development (the Applicant) desires to apply for a HRP Program grant and submit the 2015 Designated Program Year Application Package released by the Department for the HRP Program, and WHEREAS the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. NOW, THEREFORE, BE IT RESOLVED THAT, the Applicant is hereby authorized and directed to apply for and submit to the Department the HRP Program Application Package released November 2015 for the 2015 Designated Program Year in an amount not to exceed $158,400. If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in an amount not to exceed $158,400, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the “HRP Grant Documents”), and BE IT FURTHER RESOLVED THAT the Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package, and BE IT FURTHER RESOLVED THAT the Conservation and Development Director is authorized to execute in the name of Applicant the HRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. Contact: Kristine Solseng (925) 674-7809 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: 4 1 February 9, 2016 Official Minutes 538 February 9, 2016 Official Minutes 539 February 9, 2016 Official Minutes 540 February 9, 2016 Official Minutes 541 February 9, 2016 Official Minutes 542 February 9, 2016 Official Minutes 543 February 9, 2016 Official Minutes 544 February 9, 2016Official Minutes545 RECOMMENDATION(S): ADOPT Resolution No. 2016/58 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging to pay County an amount not to exceed $26,156 for Medicare Improvements for Patients and Providers Act services for the period September 30, 2015 through September 29, 2017. FISCAL IMPACT: County to receive an amount not to exceed $26,156 from California Department of Aging, Medicare Improvements for Patients and Providers Act funding, Agreement MI-1517-07. 100% Federal. No County match. BACKGROUND: California Department of Aging, Medicare Improvements for Patients and Providers Act (MIPPA) funding will provide outreach and enrollment assistance to individuals who may be eligible for Medicare Part D, low income subsidies, and the Medicare Savings Program. These services will be performed by the Contra Costa County Health Insurance Counseling and Advocacy Program (HICAP). CONSEQUENCE OF NEGATIVE ACTION: Without funding, County could not provide Medicare Improvements for Patients and Providers Act services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 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:Kathy Gallagher, Employment & Human Services Director Date:February 9, 2016 Contra Costa County Subject:California Department of Aging, Medicare Improvements for Patients and Providers Act (MIPPA) Funding February 9, 2016 Official Minutes 546 CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS Resolution No. 2016/58 MINUTES ATTACHMENTS Res 2016/58 signed February 9, 2016 Official Minutes 547 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/58 In The Matter Of: Medicare Improvements for Patients and Providers Act (MIPPA) Funding , Agreement MI-1517-07. WHEREAS, the Contra Costa County Employment and Human Services Department provides Medicare Improvements to Patients and Providers Act (MIPPA) services to county residents, delivered by the Health Insurance Counseling and Advocacy Program (HICAP) and, WHEREAS, the California Department of Aging has made funding in the amount of $26,156 available to County for the MIPPA services for the period of September 30, 2015 through September 30, 2017. Now, Therefore, Be It Resolved: The Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Department Director, or designee, to execute a contract with California Department of Aging for Medicare Improvements for Patients and Providers Act services in an amount not to exceed $26,156 for the period September 30, 2015 through September 29, 2017. 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: 4 1 February 9, 2016 Official Minutes 548 February 9, 2016Official Minutes549 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to execute, on behalf of the County, Grant Agreement #28-869-1 with the California Department of Public Health, Office of Health Equity, a government agency, to pay the County an amount not to exceed $9,990, for the Public Health CalBRACE Climate Change Project, for the period from July 1, 2015 through May 31, 2016. FISCAL IMPACT: Approval of this Grant Agreement will result in an amount not to exceed $9,990 from the California Department of Public Health, Office of Health Equity for the CalBRACE Climate Change Project. No County funds required. BACKGROUND: The CalBRACE funding will support the work of the Public Health Climate Change Working Committee by focusing on identifying vulnerabilities to climate change in the County, and providing program linkages to leverage existing programs to improve climate change resilience for County residents. The goal of this Project will be to conduct and complete a heat vulnerability study related to health risk and disseminate findings. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Daniel Peddycord, 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Jacqueline Pigg, Marcy Wilhelm C. 44 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Grant Agreement #28-869-1 with the California Department of Public Health, Office of Health Equity February 9, 2016 Official Minutes 550 BACKGROUND: (CONT'D) Approval of Grant Agreement #28-869-1 will support the Public Health CalBRACE Climate Change Project through May 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this Agreement is not approved, the County’s Public Health Division will not receive funding to support the CalBRACE Climate Change Project. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 551 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept a grant in the amount of $40,000 from the National Juvenile Defender Center for the Juvenile Post Disposition Reentry Legal Fellowship program. FISCAL IMPACT: This grant will provide $40,000 salary reimbursement for an initial eight (8) month pilot fellowship program, with the potential for renewal for an additional year. A local direct match of $15,617 is required to cover benefits, and additional in-kind expenditures of $15,125 are anticipated for staff support, office space, supplies, etc, as follows: FY 2015-16 General Fund benefits cost = $9,760 FY 2016-17 General Fund benefits cost = $5,857 In-Kind Contribution = $15,125 NJDC Grant Revenue = $40,000 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Richard Loomis, (925)335-8093 I hereby certify that this is 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 9, 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:Robin Lipetzky, Public Defender Date:February 9, 2016 Contra Costa County Subject:Grant Award from the National Juvenile Defender Center February 9, 2016 Official Minutes 552 FISCAL IMPACT: (CONT'D) Legal Fellowship Program Total Cost = $70,742 BACKGROUND: The Juvenile Unit of the Public Defender's Office values zealous, client-centered advocacy. Our Deputy Public Defenders aim to achieve diversion and acquittals on the front-end; and on the back-end, to decrease the number of detained youth, to increase successful completions of probation, and to connect youth with community services so that they can succeed after court supervision. The Juvenile Unit has taken various steps to leverage resources to provide post-disposition representation to juvenile clients. Recently, we obtained funding for a youth advocate for two of the seven attorneys (the Community Lawyering Youth Project). We also obtained another youth advocate and a half-time attorney through Byrne JAG funds as part of the creation of a county-wide Youth Justice Initiative. Through collaboration with the community and Probation Department we are seeking improvement in reentry outcomes of youth returning from high-level incarceration placements. The anticipated caseload of the attorney funded by the National Juvenile Defense Center (NJDC) fellowship is 80-100 clients for the initial eight (8) month period, comprised of: referral from existing post-disposition attorneys, AB12 Clients (youth in group home placements) and sealing/expungement cases (eliminating employment barriers for juvenile offenders). The NJDC seeks host organizations to pilot the Juvenile Post-Disposition Reentry Legal Fellowships, as an initiative to support the success of justice-involved youth returning to their communities by removing legal barriers to education, employment and housing. Under this program, the NJDC provides the Legal Fellow salary, training and travel expenses, and the host organizations provide fringe benefits, malpractice insurance, appropriate workspace and supplies. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Public Defender would not be able to effectively address the legal representation needs of its Juvenile clients. CHILDREN'S IMPACT STATEMENT: The Fellowship funded by this grant is designed to provide legal services to address barriers in employment and education that youthful offenders face in community reintegration following a juvenile delinquency placement or commitment. Legal services may include record expungement, deregistration, securing a driver's license, litigating housing or employment denials and educational advocacy. The ultimate measure of success of this pilot program is an increase in employment and education participation of post-disposition juvenile offenders. February 9, 2016 Official Minutes 553 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept grants in the total amount of $73,503 from the San Francisco Foundation and the California Endowment for the Proposition 47 Outreach program. FISCAL IMPACT: These grants will fund the salary and statutory benefit charges for three (3) temporary clerks, for a six-month period beginning February 2016. There is no requirement for matching funds by the County, and these grants will not increase Net County Cost. Anticipated grant revenues to be received and expended are, as follows: FY 2015-16 = $50,000 FY 2016-17 = $23,503 BACKGROUND: Reflecting a growing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Richard Loomis, (925) 335-8093 I hereby certify that this is 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 9, 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:Robin Lipetzky, Public Defender Date:February 9, 2016 Contra Costa County Subject:Grant Award(s) from the California Endowment and the San Francisco Foundation supporting Proposition 47 Defense Outreach February 9, 2016 Official Minutes 554 BACKGROUND: (CONT'D) movement for justice reform, California voters overwhelming passed Proposition 47, which reclassifies some "non-serious and nonviolent" property and drug crimes from felonies to misdemeanors. The provisions of this new law terminate in November 2017, which provide Defense Counsel with a limited period of time to identify, locate, and provide legal services to eligible defendants. By prioritizing an aggressive community outreach strategy in partnership with local community-based organizations and other government departments, the Public Defender's Office has become a statewide leader in Proposition 47 work. The department's efforts have resulted in the swift release of eligible persons from incarcerations, reductions for all known eligible felony probationers (more than 1,000 defendants) and the filing of resentencing and reclassification petitions in approximately 2,000 cases. There are reclassification provisions in Proposition 47 allowing for the reduction of prior felony convictions retroactively. According to data received from the County's Department of Information Technology, between 10,000 to 15,000 convictions are potentially eligible for reclassification. Despite our Department's commitment to this work, given the limitations of our existing staffing, at the current rate of outreach, application and filing, we expect to identify, solicit and process only 40% of the estimated 10,000 (or more) eligible cases in Contra Costa County, prior to the November 2017 statutory deadline. Solicitation of supplemental funding from non-profit foundations has resulted in the award of $73,503 to augment the public funding commitment to this important work. Through the Proposition 47 Outreach Program, three (3) temporary clerical positions will work under the supervision of a Deputy Public Defender to accelerate the Proposition 47 activities already underway. The job duties include: client intake, review of closed cases, drafting and filing of petitions, preparing files for hearings, client communications and notification and conducting outreach events throughout the County. The program is to be funded by the San Francisco Foundation and the California Endowment. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Public Defender will experience difficulty in fully implementing the mandates of Proposition 47 for the residents of Contra Costa County. CHILDREN'S IMPACT STATEMENT: None. February 9, 2016 Official Minutes 555 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Standard (Amendment) Agreement #15-10475 A01 (County #29-395-30) with the California Department of Public Health, Office of AIDS, effective July 1, 2015, to amend Agreement #29-395-29, to increase the amount payable to County by $37,702 from $37,702 to a new total payment limit of $75,404 with no change in the original term of July 1, 2015 through June 30, 2017. FISCAL IMPACT: Approval of this amendment agreement will result in an increase of $37,702 to a new total of $75,404 from the California Department of Public Health, for the AIDS Drug Assistance Program (ADAP), through June 30, 2017. The allocation will be used to cover the cost of certain drugs, plus dispensing fees, for eligible low income persons with AIDS and/or AIDS related complexes. These funds may not be used to cover patient monitoring, laborato-ry testing, or other medical services for persons receiving any of the drugs. The County may make provisions for co-payment by patients, commensurate with the patient's ability to pay. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Daniel Peddycord 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: J Pigg, M Wilhelm C. 43 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Standard (Amendment) Agreement #29-395-30 with the California Department of Public Health, Office of AIDS February 9, 2016 Official Minutes 556 BACKGROUND: On September 15, 2015, the Board of Supervisors approved Standard Agreement #29-395-29 with the California Department of Public Health, Office of AIDS, to cover the cost of certain drugs which have been included in the AIDS Drug Program by the State and determined by the U.S. Food and Drug Administra-tion to prolong the life of a person with AIDS, for eligible low income persons who are infected with HIV and/or persons with AIDS and related complexes who meet certain criteria, for the period from July 1, 2015 through June 30, 2017. This Contract included mutual indemnification. Approval of Standard (Amendment) Agreement #29-395-30 will allow additional funding due to an increase of Legislative appropriations to the ADAP Program, for the County's AIDS Drug Program, to cover cost associated with administration of ADAP enrollment screening and recertification process, through June 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County AIDS Drug Program will not be able to provide administration of ADAP enrollment screening and recertification process. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 557 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Department of Boating and Waterways in an initial amount of $738,249 for marine patrol and boating regulations enforcement beginning July 1, 2016 through the end of the available grant funding. FISCAL IMPACT: Initial Revenue of $738,249, 100% State funds. The Office of the Sheriff receives annual funding from the Department of Boating and Waterways that is incorporated in the baseline budget. BACKGROUND: The State of California Department of Boating and Waterways (DBW) provide funding to maintain the service level of the Office of the Sheriff's Marine Patrol Unit on the Delta Waterways. Marine patrol operations cost roughly $2.4 million per year of which DBW has awarded $638,249 for each of the past six years. Beginning July 1, 2016, DBW will fund an additional $100,000 for a total initial amount of $738,249. DBW funding provides the ability for more vigilant enforcement of boating regulations. CONSEQUENCE OF NEGATIVE ACTION: Failure to secure State funding will result in a further reduction in Marine Patrol Services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Mary Jane Robb, (925) 335-1557 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 47 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 9, 2016 Contra Costa County Subject:State of California Department of Boating and Waterways Finanical Assistance Program Grant February 9, 2016 Official Minutes 558 CHILDREN'S IMPACT STATEMENT: No impact. February 9, 2016 Official Minutes 559 RECOMMENDATION(S): Acknowledge receipt of notice from Contra Costa Cardiology Medical Group, a corporation, requesting termination of Contract #27-590-6, for the provision of cardiology services for Contra Costa Health Plan members, effective at close of business on December 7, 2015. FISCAL IMPACT: This Contract was funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On October 7, 2014, the Board of Supervisors approved Contract #27-590-6 with Contra Costa Cardiology Medical Group, A Medical Corporation for the provision of professional Cardiology services, for the period from November 1, 2014 through October 31, 2016. The purpose of this Board Order is to advise the Board of Supervisors that the Department and the Contractor have agreed to terminate Contract #27-590-6 effective at the close of business on December 7, 2015. CONSEQUENCE OF NEGATIVE ACTION: The department will not have Board approval to terminate a contract that can no longer be utilized. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 60 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Acknowledge Termination of Contract #27-590-7 with Contra Costa Cardiology Medical Group February 9, 2016 Official Minutes 560 CHILDREN'S IMPACT STATEMENT: Not applicable February 9, 2016 Official Minutes 561 RECOMMENDATION(S): APPROVE the allocation of $1,010,000 of Housing Opportunities for Persons with HIV/AIDS (HOPWA) funds from Fiscal Years 2015/16, 2016/17, and 2017/18 to Resources for Community Development for the Riviera Family Apartments project in the City of Walnut Creek. FISCAL IMPACT: No General Fund impact. 100% federal funds. HOPWA funds are provided to the County on a formula basis through the City of Oakland. Catalog of Federal Assistance No.: Housing Opportunities for Persons with HIV/AIDS (HOPWA) Program - 14.241. BACKGROUND: The National Affordable Housing Act (Public Law 101-625, approved November 28, 1990) authorizes the Housing Opportunities for Persons with HIV/AIDS (HOPWA) program to provide states and localities with resources to devise long-term comprehensive strategies for meeting the housing needs of persons with HIV/AIDS and related diseases. The City of Oakland (City) is the HOPWA grant recipient for Alameda and Contra Costa Counties. The City allocates HOPWA funds between the counties based on the number of HIV/AIDS cases. These funds may be used for site acquisition, rehabilitation and new construction of affordable housing, supportive services, housing information services, rent and utility subsidies, and certain other housing related activities for low-income persons living with HIV/AIDS in both incorporated and unincorporated areas of the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kristin Sherk, (925) 674-7887 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 50 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 9, 2016 Contra Costa County Subject:Allocation of Fiscal Year 2015/16, 2016/17, and 2017/18 Housing Opportunities for Persons with HIV/AIDS (HOPWA) February 9, 2016 Official Minutes 562 BACKGROUND: (CONT'D) > The Contra Costa Consortium (County staff and staff from the Cities of Antioch, Concord, Pittsburg, Richmond, and Walnut Creek) makes funding recommendations regarding HOPWA to the Board of Supervisors. The Consortium met on December 10, 2015, to consider staff recommendations for the Riviera Family Apartments project. The Consortium recommends that the Board of Supervisors allocate $1,010,000 in HOPWA funds to Resources for Community Development (RCD) to assist in the the new construction of Riviera Family Apartments. This allocation will leave approximately $250,000 in FY 2016/17 funds available for the Health Services Department HIV/AIDs program and DCD administration. There are no known developments in the HOPWA pipeline. This allocation of funds will assist the County in meeting the expenditure goals set by the City of Oakland. RCD is proposing to develop Riviera Family Apartments, which involves the new construction of 58 units including 8 studio, 24 one-bedroom, 8 two-bedroom, and 17 three-bedroom units distributed over two non-contiguous sites located at 1511-1515 and 1716-1738 Riviera Avenue in Walnut Creek. All of the rents will be affordable to households with incomes at or below 60 percent area median income (AMI), including rents at 30 percent, 40 percent, 50 percent, and 60 percent AMI. A total of 28 units will be designated as County-assisted, including 8 HOPWA units and 16 HOME units. Of the 8 HOPWA units, 4 will be studios, 3 will be one-bedroom, and one will be a two-bedroom unit. In accordance with HOPWA regulations, RCD will contract with the County Health Services Department HIV/AIDS Program to be the lead service agency and provider of services to residents at Riviera Family Apartments. The recommended HOPWA allocation includes $258,064 from FY 2015/16, $251,936 from FY 2016/17, $250,000 from FY 2017/18, and $250,000 from a loan payment. The FY 2017/18 HOPWA funds are contingent on the County executing an agreement for HOPWA funds with the City of Oakland. As proposed, $500,000 in HOPWA funds will be expended at construction close, scheduled for summer 2016. The remaining $500,000 will be expended at permanent close, scheduled for late 2017. The remaining $10,000 of HOPWA funds is for project specific delivery costs, including legal document preparation, environmental review, Davis Bacon monitoring, and related activities. Additional sources of financing includes the following: The Walnut Creek City Council has endorsed and supported the project with $6 million in funding by providing funds for the acquisition of the two sites as well as predevelopment money. Legal documents for the project will include a loan agreement, a promissory note, a deed of trust and security agreement, a regulatory agreement, an intercreditor agreement, and a subordination agreement. Other documents that may be required include an assignment and assumption agreement and one or more estoppel agreements. These documents will be submitted for the Board of Supervisors approval at a later date. City of Walnut Creek $6,000,000 Infill Infrastructure Program $2,800,240 Affordable Housing Program (AHP)$570,000 Affordable Housing Sustainable Communities Loan $2,614,450 Affordable Housing Sustainable Communities Grant $2,342,160 Low Income Housing Tax Credits $14,434,013 General Partner Contributions $1,300,000 Conventional Loan A - Rent Revenue $1,068,400 Conventional Loan B - Section 8 $1,768,708 Deferred Developer Fee $200,000 HOME Investment Partnership Act (HOME)$1,000,000 February 9, 2016 Official Minutes 563 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve this allocation of HOPWA funds, Riviera Family Apartments may not be viable at this time. CHILDREN'S IMPACT STATEMENT: The new construction of affordable housing is consistent with outcome #3 of the Children's Report Card: Families are Economically Self Sufficient. February 9, 2016 Official Minutes 564 RECOMMENDATION(S): APPROVE and AUTHORIZE the Risk Manager to execute a contract amendment with Essential Staffing, Inc. to allow for Liability, Loss Control, Training and Americans with Disabilities Act (ADA) staffing during the term of July 1, 2015 through June 30, 2016. FISCAL IMPACT: No fiscal impact. BACKGROUND: Risk Management entered into contract with Essential Staffing, Inc. to provide expert temporary staff specializing in workers' compensation claims services. Risk Management also operates units which handle liability, loss control, employee training and ADA matters. Essential Staffing provides expert temporary staff to fill in as needed to continue with the work flow in all units of the Risk Management Division of the County Administrator's Office. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Sharon Hymes-Offord 925-335-1442 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Robert Campbell, County Auditor-Controller C. 53 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:February 9, 2016 Contra Costa County Subject:Amend Contract with Essential Staffing, Inc. February 9, 2016 Official Minutes 565 BACKGROUND: (CONT'D) > In addition to workers' compensation, temporary staff will assist Risk Management in the other units as well as off-site training as needed. No increase in the total payment limit of the contract is required as this doesn't allow for additional temporary staff, only for additional duties of current temporary staff. CONSEQUENCE OF NEGATIVE ACTION: Risk Management will not be fully staffed to cover the necessary work loads in all of the units. February 9, 2016 Official Minutes 566 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Lao Family Community Development, Inc., decreasing the payment limit by $450,000 to a new payment limit of $555,000 for job skills and placement services for limited English speaking and non-English speaking California Work Opportunity and Responsibility to Kids (CalWORKs) participants for the period of July 1, 2015 through June 30, 2016. FISCAL IMPACT: $555,000: 15% State. 85% Federal: California Work Opportunity and Responsibility to Kids (CalWORKs), single allocation BACKGROUND: This decrease in the payment limit is due to the decreased costs documented in the revised budget submitted. Lao Family Community Development Inc provides pre- and post-employment services and translation and interpretation services in Vietnamese and various Laotian dialects to limited English proficient refugees that are CalWORKs participants residing in West Contra Costa County. Services include assisted job search, job placement, employment dispute resolution for job retention, and other job related information. (19-989-3) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Gina Chenoweth 3-1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 48 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 9, 2016 Contra Costa County Subject:Amend Contract with Lao Family Community Development Inc February 9, 2016 Official Minutes 567 CONSEQUENCE OF NEGATIVE ACTION: Funds from the California Work Opportunity and Responsibility to Kids (CalWORKs) will not be available for other uses. CHILDREN'S IMPACT STATEMENT: This contract directly supports three of the five community outcomes established in the Children's Report Card: 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". February 9, 2016 Official Minutes 568 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #74-174-22 with Bi-Bett, a non-profit corporation, effective January 1, 2016, to amend Novation Contract #74-174-21, to increase the payment limit by $263,259, from $2,461,188 to a new payment limit of $2,724,447, with no change in the original term of July 1, 2015 through June 30, 2016. FISCAL IMPACT: This amendment is funded 75% Substance Abuse Treatment and Prevention Block Grant; 7% California Work Opportunities and Responsibilities to Kids, 13% Assembly Bill 109 and 5% Behavioral Health Reentry Court. (No rate increase) BACKGROUND: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 78 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Amendment #74-174-22 with Bi-Bett February 9, 2016 Official Minutes 569 BACKGROUND: (CONT'D) This Contract meets the social needs of County’s population by providing specialized substance abuse treatment services so that men and women, including women with children, are provided an opportunity to achieve and maintain sobriety and to experience the associated benefits of self-sufficiency, family reunification, cessation of criminal activity and productive engagement in the community. On July 21, 2015, the Board of Supervisors approved Novation Contract #74-174-21 with Bi-Bett for the provision of substance abuse prevention, treatment, and testing services, for the period from July 1, 2015 through June 30, 2016. Approval of Contract Amendment Agreement #74-174-22 will allow the Division to provide additional substance abuse treatment services and enhancements to Contractor’s AB 109, Reentry Court and SAMHWorks programs through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, persons referred through the justice system will not receive the drug and substance abuse treatment services needed to maintain sobriety. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 570 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Coast Counties Truck and Equipment, in an amount not to exceed $710,000 for the purchase of one 2016 Peterbilt 365 Model 3 Axle Dump Truck and two 2016 Peterbilt 365 Model Transfer Truck and Trailers for use by Flood Control and Water Conservation District, Countywide. FISCAL IMPACT: 27% Flood Control Funds and 73% Local Road Funds. BACKGROUND: The purchase order is necessary to fund replacement of 22, 17 and 14 year old trucks that are in poor operating condition. CONSEQUENCE OF NEGATIVE ACTION: If this board order is not approved, Flood Control and Water Conservation District will be unable to replace the necessary vehicles. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Daniel Lesnick, (925) 313-2376 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 55 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE a Purchase Order with Coast Counties Truck and Equipment February 9, 2016 Official Minutes 571 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Downtown Ford, in an amount not to exceed $130,000 for the purchase of a new Ford F550 Super Cab Diesel Cone Truck for use by Public Works Road Maintenance, Countywide. FISCAL IMPACT: 100% Public Works Local Road Funds BACKGROUND: This purchase order is necessary to fund replacement of a 13 year old truck that is in poor operating condition. CONSEQUENCE OF NEGATIVE ACTION: If this board order is not approved, Public Works Local Road Funds will be unable to replace the old vehicle. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Daniel Lesnick, (925) 313-2376 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 54 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE a Purchase Order with Downtown Ford February 9, 2016 Official Minutes 572 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Anchor Engineering, Inc., effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000, to continue providing “on-call” project management services, Countywide. FISCAL IMPACT: 100% Federal, State, Local, and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this Consultant was selected as one of four firms to provide project management services on an “on-call” basis to augment Public Works staff. The Board of Supervisors approved the Agreement with the Consultant on July 7, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jason Chen, Special Districts, (925) 313-3299 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 80 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE a contract amendment with Anchor Engineering, Inc. February 9, 2016 Official Minutes 573 BACKGROUND: (CONT'D) This amendment to the Agreement is recommended because the County’s need for “on-call” project management consulting services is greater than initially anticipated. Increasing the payment limit will allow the Consultant to complete more projects. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Consultant will not be able to provide additional “on-call” project management services to complete necessary capital projects, which may jeopardize funding and delay design and construction of various capital projects. CHILDREN'S IMPACT STATEMENT: February 9, 2016 Official Minutes 574 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Kitchell/CEM, Inc., effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000, to continue providing “on-call” project management services, Countywide. FISCAL IMPACT: 100% Federal, State, Local, and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this Consultant was selected as one of four firms to provide project management services on an "on-call" basis to augment Public Works staff. The Board of Supervisors approved the Agreement with the Consultant on July 7, 2015. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jason Chen, Special Districts, (925) 313-3299 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 81 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE a contract amendment with Kitchell/CEM, Inc. February 9, 2016 Official Minutes 575 BACKGROUND: (CONT'D) This amendment to the Agreement is recommended because the County’s need for "on-call" project management consulting services is greater than initially anticipated. Increasing the payment limit will allow the Consultant to complete more projects. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Consultant will not be able to provide additional "on-call" project management services to complete necessary capital projects, which may jeopardize funding and delay design and construction of various capital projects. CHILDREN'S IMPACT STATEMENT: February 9, 2016 Official Minutes 576 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Park Engineering, Inc., effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000, to continue providing “on-call” project management services, Countywide. FISCAL IMPACT: 100% Federal, State, Local, and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this Consultant was selected as one of four firms to provide project management services on an “on-call” basis to augment Public Works staff. The Board of Supervisors approved the Agreement with the Consultant on July 7, 2015. This amendment to the Agreement is recommended because the County’s need for “on-call” project management consulting services is greater than initially anticipated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jason Chen, Special Districts, (925) 313-3299 I hereby certify that this is 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 9, 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:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE a contract amendment with Park Engineering, Inc. February 9, 2016 Official Minutes 577 BACKGROUND: (CONT'D) Increasing the payment limit will allow the Consultant to complete more projects. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Consultant will not be able to provide additional “on-call” project management services to complete necessary capital projects, which may jeopardize funding and delay design and construction of various capital projects. CHILDREN'S IMPACT STATEMENT: February 9, 2016 Official Minutes 578 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 to the Consulting Services Agreement with Swinerton Builders, effective February 9, 2016, to increase the payment limit by $250,000 to a new payment limit of $500,000, to continue providing “on-call” project management services, Countywide. FISCAL IMPACT: 100% Federal, State, Local, and/or General Funds. BACKGROUND: The Public Works Department is involved in various projects in the County, which require project management services for capital improvement projects. After a solicitation process, this Consultant was selected as one of four firms to provide project management services on an “on-call” basis to augment Public Works staff. The Board of Supervisors approved the Agreement with the Consultant on July 7, 2015. This amendment to the Agreement is recommended because the County’s need for “on-call” project management consulting services is greater than initially anticipated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Jason Chen, Special Districts, (925) 313-3299 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 57 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:APPROVE and AUTHORIZE a contract amendment with Swinerton Builders. February 9, 2016 Official Minutes 579 BACKGROUND: (CONT'D) Increasing the payment limit will allow the Consultant to complete more projects. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Consultant will not be able to provide additional “on-call” project management services to complete necessary capital projects, which may jeopardize funding and delay design and construction of various capital projects. CHILDREN'S IMPACT STATEMENT: February 9, 2016 Official Minutes 580 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute a contract amendment with Maximus effective February 15, 2016, to add additional Early Intervention Services, with no change to the contract payment limit or contract term. FISCAL IMPACT: No fiscal impact to the County General Fund. Payment for these services is fully funded by allocations from Federal 66% and State 34% governments. BACKGROUND: The Department of Child Support Services currently has an active contract with Maximus for Early Intervention Services, with the purpose of preventing delinquency of child support payments. This amendment will increase the services provided by the vendor to include additional services on Supplemental Compliance cases and Non-Compliant Income Withholding Notice cases. CONSEQUENCE OF NEGATIVE ACTION: If this action were not approved, DCSS would not have the ability to take advantage of the additional services that Maximus has available to assist in preventing payment delinquency. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Adrienne Todd, 313-4454 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 63 To:Board of Supervisors From:Linda Dippel, Child Support Services Director Date:February 9, 2016 Contra Costa County Subject:Approve and Authorize Contract Amendment with Maximus February 9, 2016 Official Minutes 581 CHILDREN'S IMPACT STATEMENT: The services provided by Maximus are important to the overall effort of enforcing the timely collection of child support payments; these efforts support the overall well being of the children that are being served. February 9, 2016 Official Minutes 582 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Chief Information Officer, purchase orders with AT&T, Anritsu Co, Computerland of Silicon Valley, SSP Data, and a third-party lease agreement with IBM Global Finance in an amount not to exceed $1,678,000, for the purchase of hardware and software required to maintain the County's wide area network, VoIP, and regional communication systems, for the period April 1, 2016 through March 31, 2021, Countywide. FISCAL IMPACT: The cost of $1,678,000 is charged back to user departments through the Department of Information Technology's billing process. (100% Department User Fees) BACKGROUND: The Department of Information Technology is purchasing equipment and software to maintain the County's VoIP, wide area network systems, and radio equipment for the East Bay Regional Communication System. The Purchasing Division has arranged a lease purchase contract with IBM Global Finance. The total amount financed is $1,586,700 at an interest rate not to exceed 3.25%. The principal and interest for up to five annual payments has been budgeted under Org numbers 4280, 4295, and 1075 for fiscal year 2015/16. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Gould, 925-313-2151 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 82 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Authorize Purchase Orders with Various Companies and a Third-party Lease Agreement with IBM Global Finance February 9, 2016 Official Minutes 583 CONSEQUENCE OF NEGATIVE ACTION: Failure to maintain these systems may result in reduced capacity, system failure, and interrupted business and emergency operations. February 9, 2016 Official Minutes 584 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Depuy Synthes Sales Inc., in the amount of $450,000 for the purchase of instruments, implants and supplies at the Contra Costa Regional Medical Center, for the period from April 1, 2016 through March 31, 2020. FISCAL IMPACT: 100% is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Depuy Synthes Sales Inc. provides instruments, implants, devices and supplies for the Orthopedic Department to perform special procedure and operations at Contra Costa Regional Medical Center. Depuy Synthes Sales 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 replenish of supplies that Depuy Synthes Inc. can provide. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC will not be able to take care of the surgical needs of the general population of Contra Costa County. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 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. 69 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Blanket Purchase Order with Depuy Synthes Sales, Inc. February 9, 2016 Official Minutes 585 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with KCI USA, Inc., in an amount not to exceed $300,000 for the purchase of canisters, dress drapes, and numerous other medical supplies for the Contra Costa Regional Medical Center (CCRMC) and the Contra Costa Health Centers for the period April 1, 2016 through March 31, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: KCI USA, Inc. has supplied numerous medical supplies and products to CCRMC and Contra Costa Health Centers for a number of years. Being able to purchase from this vendor is imperative to provide optimal patient care. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, patient care will be compromised. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Tasha Scott, Marcy Wilhem, Margaret Harris C. 68 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Blanket purchase order with KCI USA, Inc. February 9, 2016 Official Minutes 586 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with R-Computer, to increase the payment limit by $100,000 to a new payment limit of $450,000 to provide computer hardware, peripherals, cameras, Global Positioning System units and other computer-related equipment and supplies, as needed, for the period July 1, 2014 through June 30, 2016. FISCAL IMPACT: $100,000. 100% County General Fund; Budgeted. This will increase the purchase order amount to $450,000 with R Computer. BACKGROUND: With years of experience with our unique, public safety-related information technology (IT), network and mobile data needs, R-Computer consistently supplies our department with the needed computers, electronic equipment and peripherals in a timely manner. R Computer works with our IT Division to ensure that we get the best product for the best price to match our needs. They provide advice and guidance about products and know our network structure and the IT needs of the Sheriff's Office. R-Computer is reliable, dependable, and competitively priced. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heike Anderson, Liz Arbuckle, Tim Ewell C. 87 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 9, 2016 Contra Costa County Subject:Change Purchase Order for Computer Equipment R-Computer February 9, 2016 Official Minutes 587 BACKGROUND: (CONT'D) The Sheriff's IT unit supports 58 servers, 587 desktop computers, 90 laptop computers, as well as printers, copiers and fax machines. In order to respond to our user's needs, we need to have a reliable vendor who can process our orders quickly and efficiently. Locally owned, small business R-Computer is able to do this, and understands the unique needs of the Sheriff's Office and the need to keep critical processes functioning for public safety. The change order will accommodate purchases through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff-Coroner will be unable to acquire various computer hardware and equipment as needed. CHILDREN'S IMPACT STATEMENT: No impact. February 9, 2016 Official Minutes 588 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-009 with H K Facial Plastic Surgery, Inc., a corporation, in an amount not to exceed $140,000, to provide plastic and reconstructive surgery services to Contra Costa Health Plan (CCHP) members, for the period from March 1, 2016 through February 28, 2018. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: The Health Plan has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Under Contract #77-009, the Contractor will provide plastic and reconstructive surgery services through February 28, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd, M Wilhelm C. 61 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #77-009 with H K Facial Plastic Surgery, Inc. February 9, 2016 Official Minutes 589 CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 590 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-011 with Bay Area Surgical Specialists Services, LLC, a limited liability company, in an amount not to exceed $300,000, to provide ambulatory surgery center services for Contra Costa Health Plan members for the period from March 1, 2016 through February 28, 2018 FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: The Health Plan has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Under Contract #77-011, the Contractor will provide ambulatory surgery center services through February 28, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd, M Wilhelm C. 59 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #77-011 with Bay Area Surgical Specialists Services, LLC February 9, 2016 Official Minutes 591 CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 592 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Napanet Internet Services, Inc., effective January 21, 2016, to increase the payment limit by $5,000 to a new payment limit of $30,000 to continue providing Internet Services for the hosting and display of data relating to the appointed boards and commissions of Contra Costa County, and to extend the term of the agreement from January 21, 2016 to January 20, 2017. FISCAL IMPACT: The contract payment limit increase of $5,000, for services Napanet will provide during the period of January 21, 2016 through January 20, 2017, will be funded by General Fund. BACKGROUND: Napanet Internet Services hosts and displays information online relating to the appointed bodies that advise the Board of Supervisors on a wide variety of issues. Napanet enables County staff to monitor appointments and vacancies to the various appointed bodies, and provides information about each appointed body and opportunities for the public to serve on them. Contra Costa County refers to the online appointed body information as the “Maddy Book,” in reference to Section 54972 of the California Government Code (the Maddy Act) that requires posting of the appointment and vacancy lists of all boards, commissions and bodies. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Elizabeth Burkhart (925) 313-1183 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Robert Campbell, County Auditor-Controller C. 66 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Contract Amendment with Napanet Internet Services Inc. and Maddy Book Web Page Support February 9, 2016 Official Minutes 593 CONSEQUENCE OF NEGATIVE ACTION: If this order is not approved, the County would not have a web host for the information and database management of appointments and vacancies to appointed boards, committees and commissions. February 9, 2016 Official Minutes 594 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #26-507-9 with BAART Behavioral Health Services, Inc., a corporation, effective December 1, 2015, to amend Contract #26-507-8, to increase the payment limit by $33,410, from $71,623 to a new payment limit of $105,033, with no change in the original term of July 1, 2014 through June 30, 2016. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I (No rate increase) BACKGROUND: In September 2014, the County Administrator approved and the Purchasing Services Manager executed Contract #26-507-8 with BAART Behavioral Health Services, Inc., to provide methadone maintenance services for medically stable inmates at Martinez and Richmond Detention Facilities, for the period from July 1, 2014 through June 30, 2016. Approval of Contract Amendment Agreement #26-507-9, will allow the Contractor to provide additional services through June 30, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C. 67 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract Amendment #26-507-9 with BAART Behavioral Health Services, Inc. February 9, 2016 Official Minutes 595 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, inmates at Martinez and Richmond Detention Facilities will not receive methadone maintenance services CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 596 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Dahlin Group, Inc. in an amount not to exceed $250,000, including modified indemnification provisions and superseding Board action (C.35) of November 17, 2015, to provide planning services for County and Flood Control District properties in the Oak Park area (South Pleasant Hill Parcels) for the period of August 1, 2015 through July 31, 2017, Pleasant Hill area. FISCAL IMPACT: All costs associated with this contract will be offset by the Oak Park Sale of Surplus proceeds. BACKGROUND: On November 17, 2015, item C. 35 was approved by the Board of Supervisors (Board). The board order approved and authorized the Public Works Director, or designee, to execute a contract with the Dahlin Group, Inc. to provide planning services for the Oak Park sale of surplus properties. The incorrect board order was submitted to the Board approving the effective date of September 1, 2015 and contract amount for $191,000. This board order is submitted to correct the contract amount to $250,000 and the effective date of August 1, 2015. The contract includes modification to County’s standard indemnification clause as specified in the Special Conditions of the contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Karen Laws, 925-313-2228 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 49 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Contract with Dahlin Group, Inc. for Planning Services February 9, 2016 Official Minutes 597 CONSEQUENCE OF NEGATIVE ACTION: Staff would not be able to move forward with planning process, which would delay placing parcels on the market. ATTACHMENTS Contract February 9, 2016 Official Minutes 598 February 9, 2016 Official Minutes 599 February 9, 2016 Official Minutes 600 February 9, 2016 Official Minutes 601 February 9, 2016 Official Minutes 602 February 9, 2016 Official Minutes 603 February 9, 2016 Official Minutes 604 February 9, 2016 Official Minutes 605 February 9, 2016 Official Minutes 606 February 9, 2016 Official Minutes 607 February 9, 2016 Official Minutes 608 February 9, 2016 Official Minutes 609 February 9, 2016 Official Minutes 610 February 9, 2016 Official Minutes 611 February 9, 2016 Official Minutes 612 February 9, 2016 Official Minutes 613 February 9, 2016 Official Minutes 614 February 9, 2016 Official Minutes 615 February 9, 2016 Official Minutes 616 February 9, 2016 Official Minutes 617 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-447-7 with RG Hernandez, LLC, a limited liability company, in an amount not to exceed $104,820, to provide consultation and technical assistance with regard to third party cost revenues, costs and claims, for the period February 1, 2016 through January 31, 2017. FISCAL IMPACT: This Contract is funded 100% Third Party Reimbursement I (Rate increase) BACKGROUND: In February 2015, County Administrator approved and Purchasing Services Manager executed Contract #23-447-6 with RG Hernandez, LLC, for the provision of consultation and technical assistance to assist the Health Services Department on matters related to budget, state and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Patrick Godley, 957-5410 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #23-447-7 with RG Hernandez, LLC February 9, 2016 Official Minutes 618 BACKGROUND: (CONT'D) federal reimbursement programs third party revenues, costs and claims for the period from February 1, 2015 through January 31, 2016. Approval of Contract #23-447-7 will allow Contractor to continue providing services through January 31, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County will not utilize this contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 619 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-531-7 with Nordic Consulting Partners, Inc., a corporation, in an amount not to exceed $700,000, to provide consultation and technical assistance to Department’s Information Systems Unit in support of CCLink, for the period from January 1, 2016 through June 30, 2018. FISCAL IMPACT: This Contract is funded 100% by Enterprise Fund I. (No rate increase) BACKGROUND: On October 23, 2014, the Board of Supervisors approved Contract #23-531-6 with Nordic Consulting Partners, Inc. for the provision of consultation and technical assistance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: David Runt, 335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 73 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #23-531-7 with Nordic Consulting Partners, Inc. February 9, 2016 Official Minutes 620 BACKGROUND: (CONT'D) to Department’s Information Systems Unit in support of CCLink, for the period from October 1, 2014 through December 31, 2015. Approval of Contract #23-531-7 will allow Contractor to continue providing consulting services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department will not have access to Contractor’s expert consultation and technical assistance in support of CCLink. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 621 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-582 with Corodata Records Management, Inc., a corporation, in an amount not to exceed $1,000,000, to provide off-site storage, retrieval, destruction and management of documents and records for Contra Costa Regional Medical Center (CCRMC) and other designated Health Services Department Divisions for the period from November 1, 2015 through October 31, 2018. FISCAL IMPACT: This Contract is funded 100% by Enterprise Fund I. BACKGROUND: Contra Costa County Health Services Department requires document storage, destruction and management services for patient medical records and other Department documents. Contractor provides 24 hours per day/ 7 days per week pick-up and retrieval services, management of the process of storage, retrieval, and re-file of all hard-copy and radiological records, as well as secured destruction of records held in storage. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Bud DeCesare, 957-5429 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C. 71 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #23-582 with Corodata Records Management, Inc February 9, 2016 Official Minutes 622 BACKGROUND: (CONT'D) Under Contract #23-582, the Contractor will provide off-site storage, retrieval, destruction and document management for services for CCRMC and other Health Services Divisions, for the period from November 1, 2015 through October 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s Health Services Department will not have access to this contractor’s document storage, retrieval and destruction services . CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 623 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24-681-73(18) with LTP CarePro, Inc., (dba Pleasant Hill Manor), a non-profit corporation , in an amount not to exceed $372,000, to provide Augmented Board and Care Services, for the period from February 1, 2016 through January 31, 2017. FISCAL IMPACT: This Contract is funded 76% Mental Health Realignment funds; 24% Mental Health Services Administration Housing (MHSA). (Rate increase) BACKGROUND: This Contract meets the social needs of the County's population by augmenting room and board and providing twenty-four hour emergency residential care and supervision to eligible mentally disordered clients, who are specifically referred by the Mental Health Program Staff and who are served by County Mental Health APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C. 77 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #24-681-73(18) with LTP CarePro, Inc., (dba Pleasant Hill Manor) February 9, 2016 Official Minutes 624 BACKGROUND: (CONT'D) Services. On March 3, 2015, the Board of Supervisors approved Contract #24-681-73(16) [as amended by Contract Amendment #24-681-73(17)] with LTP CarePro, Inc., (dba Pleasant Hill Manor), for the period February 1, 2015 through January 31, 2016, for the provision of augmented board and care services for County-referred mentally disordered clients. Approval of Contract #24-681-73(18) will allow the Contractor to continue to provide augmented board and care services, through January 31, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County residents will not receive services provided by this contractor. CHILDREN'S IMPACT STATEMENT: Not Applicable February 9, 2016 Official Minutes 625 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24-751-83 with Anka Behavioral Health Services, Incorporated, a non-profit corporation, in an amount not to exceed $1,581,242, to provide Community Services; Support programs and residential mental health services including, but not limited to: vocational, community living, socialization, and Medi-Cal rehabilitative programs for the period from January 1, 2016 through June 30, 2016. This contract includes a six-month automatic extension through December 31, 2016, in an amount not to exceed $1,581,242. FISCAL IMPACT: This Contract is funded 58% Mental Health Realignment; 42% Medi-Cal and Federal Financial Participation (No Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing a continuum of services to residents transitioning from crisis residential care to transitional residential care and keeps these clients out of higher levels of care, including State Hospitals. Contractor will also be a partner in implementing County’s Community Services and Supports APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E Suisala, M Wilhelm C. 79 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #24-751-83 with Anka Behavioral Health Services, Incorporated February 9, 2016 Official Minutes 626 BACKGROUND: (CONT'D) Program. On January 20, 2015, the Board of Supervisors approved Contract #24-751-82 with Anka Behavioral Health, Incorporated for the provision of continuum of care services to mentally ill adults, for the period from July 1, 2014 through June 30, 2015, which included a six-month automatic extension through December 31, 2015. Approval of Contract #24-751-83, will allow Contractor to continue providing services through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, clients will not receive mental health services provided by this contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 627 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24-837-24 with Daniel May, M.D., a self-employed individual, in an amount not to exceed $232,960, to provide outpatient psychiatric care services for the period from May 1, 2016 through April 30, 2017. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment, offset by third-party billing. (No rate increase) BACKGROUND: On June 9, 2015, the Board of Supervisors approved Contract #24-837-23 with Daniel May, M.D., for the provision of outpatient psychiatric services for mentally ill adults in West County for the period from May 1, 2015 through April 30, 2016. Approval of Contract #24-837-24 will allow the Contractor to continue providing outpatient psychiatric services in West county through April 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 58 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #24-837-24 with Daniel May, M.D. February 9, 2016 Official Minutes 628 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s outpatient psychiatric services. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 629 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24-927-20 with Community Health for Asian Americans, a non-profit corporation, in an amount not to exceed $683,070, to provide mental health services including wraparound and outpatient treatment to children in Contra Costa County, for the period from January 1, 2016 through June 30, 2016. This Contract includes a six-month automatic extension through December 31, 2016, in an amount not to exceed $683,070. FISCAL IMPACT: This Contract is funded 48% Federal Financial Participation, 48% Mental Health Realignment, and 4% Non-Medi-Cal Mental Health Realignment. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing school and community based mental health services, including: assessments, individual, group and family therapy; medication support, case management, outreach, and crisis intervention services, to an underserved Asian population and will result in greater home, community, and school success. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 65 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #24-927-20 with Community Health for Asian Americans February 9, 2016 Official Minutes 630 BACKGROUND: (CONT'D) On October 21, 2014, the Board of Supervisors approved Novation Contract #24-927-19 with Community Health for Asian Americans 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 school and community based mental health services. Approval of Contract #24-927-20 allows the Contractor to continue providing services through June 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Asian American and other ethnic groups receiving services at four programs in West Contra Costa County would have reduced access to mental health services in school, drug court and clinic settings. CHILDREN'S IMPACT STATEMENT: This EPSDT Program supports the following Board of Supervisors’ community outcomes: “Children Ready for and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS) and a decrease in juvenile offender recidivism as measured by probation database information. February 9, 2016 Official Minutes 631 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #25–046–16 with Shelter, Inc. of Contra Costa County, a non-profit corporation, in an amount not to exceed $268,724, to provide support services for County residents in the Supportive Housing Program, for the period from December 1, 2015 through November 30, 2016. FISCAL IMPACT: This Contract is funded 100% Federal McKinney-Vento Homeless funds. No rate increase. BACKGROUND: This Contract meets the social needs of County’s population by providing support services to County residents that are homeless and have a diagnosis of mental illness or a dual-diagnosis of mental illness and substance abuse. On January 13, 2015, the Board of Supervisors approved Contract #25-046-15 with Shelter, Inc., of Contra Costa County, for the provision of support services for County residents in the Supportive Housing Program, for the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: E SUISALA, M Wilhelm C. 70 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #25-046-16 with Shelter, Inc. of Contra Costa County February 9, 2016 Official Minutes 632 BACKGROUND: (CONT'D) period from September 1, 2014 through November 30, 2015. Approval Contract #25-046-16, will allow the Contractor to continue to provide support services to County residents that are homeless and have a diagnosis of mental illness or dual-diagnosis of mental illness and substance abuse, through November 30, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s residents who are homeless with a disability and are receiving services in the Support Housing Program will not receive services from this contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 633 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-788-3 with Peyman Keyashian, M.D., an individual, in an amount not to exceed $505,000, to provide anesthesiology services at Contra Costa Regional Medical Center and 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 1, 2015, the Board of Supervisors approved Contract #26-788 (as amended by Amendment Agreements #26-788-1 and #26-788-2), for the provision of anesthesiology services at CCRMC, including but not limited to, consultation, training, medical procedures, and on-call coverage for the General and Obstetric Units, for the period from January 19, 2015 through January 31, 2016. Approval of Contract #26-788-3 will allow the Contractor to continue to provide anesthesiology services at CCRMC through January 31, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: K Cyr, M Wilhelm C. 64 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #26-788-3 with Peyman Keyashian, M.D. February 9, 2016 Official Minutes 634 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring anesthesiology services at CCRMC will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 635 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-941-2 with Schramm Health Partners, LLC (dba Optumas), a limited liability company, in an amount not to exceed $210,000, to provide professional actuarial services for the Contra Costa Health Plan, for the period from April 1, 2016 through March 31, 2018. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise II Funds. (No rate increase) BACKGROUND: In June 2015, the County Administrator approved and the Purchasing Services Manager executed Contract #27-941-1 with Schramm Health Partners, LLC (dba Optumas) for the provision of actuarial consulting services, for the period from April 1, 2015 through March 31, 2016. Approval of Contract #27-941-2 will allow Contractor to continue providing actuarial services to the Contra Costa Health Plan through March 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: T Scott, M Wilehlm C. 72 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #27-941-2 with Schramm Health Partners, LLC (dba Optumas) February 9, 2016 Official Minutes 636 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Contra Costa Health Plan will not have actuarial consulting services provided by this Contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 637 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-469-1 with Pathways to Wellness Medication Clinic, a corporation, in an amount not to exceed $1,198,486, to provide children’s and adult mental health services for the period from January 1, 2016 through December 31, 2016. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation and 50% County Realignment. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing a broad range of mental health services to children and adults in Central County. This Contract is a part of the System of Care and contributes to County’s compliance with Mental Health APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: D Morgan, M Wilhelm C. 74 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #74-469-1 with Pathways to Wellness Medication Clinic February 9, 2016 Official Minutes 638 BACKGROUND: (CONT'D) regulations. On July 8, 2014, the Board of Supervisors approved Contract #74-469, with Pathways to Wellness Medication Clinic, for the period from July 1, 2014 through June 30, 2015 with a six-month automatic extension through December 31, 2015 for the provision of children’s and adult mental health services. Approval of Contract #74-469-1 will allow Contractor to continue providing children’s and adult mental health services through December 31, 2016. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s services resulting in reduced levels of service to the community. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). February 9, 2016 Official Minutes 639 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-007 with Gary B. Marcus, M.D., A Professional Corporation, in an amount not to exceed $150,000, to provide cardiology services to Contra Costa Health Plan (CCHP) members, for the period from December 1, 2015 through November 30, 2017. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: The Health Plan has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Under Contract #77-007, the Contractor will provide cardiology services to CCHP members through November 30, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 51 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contract #77-007 with Gary B. Marcus, M.D., A Professional Corporation February 9, 2016 Official Minutes 640 CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 641 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Forensic Medical Group to add payment provisions related to transcription services and specialized diagnostic services with no change to the existing payment limit or the original contract term of July 1, 2014 through June 30, 2019. FISCAL IMPACT: No additional fiscal impact. The original contract is funded at $3,460,000, 100% County General Fund. BACKGROUND: Forensic Medical Group (FMG) is a California Professional Corporation that specializes in pathology and forensic pathology. The Contractor will assume responsibility for and perform autopsy services for all deaths that fall within the jurisdiction of the Coroner, will prepare as required documents and reports, provide training to personnel, provide court testimony as required, and ensure that quality standards are met for the services performed. This will allow the Sheriff-Coroner’s Office to continue to meet the obligations to provide forensic pathology services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 84 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 9, 2016 Contra Costa County Subject:Forensic Medical Group February 9, 2016 Official Minutes 642 CONSEQUENCE OF NEGATIVE ACTION: The current contract does not include the hourly cost of transcriptions and specialized diagnostic services that are needed by the Office of the Sheriff's Coroner's Unit. CHILDREN'S IMPACT STATEMENT: No impact. February 9, 2016 Official Minutes 643 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Memorandum of Understanding #74–208–12 with the California Department of State Hospitals, a government agency, in an amount not to exceed $9,357,140, for the purchase and use of state hospital beds for psychiatric patients, for the period from July 1, 2014 through June 30, 2016. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment. (Rate Increase) BACKGROUND: In previous years, the agreement to purchase State hospital beds was a part of the Mandated County Performance Contract, as required by Section 5650 of the Welfare and Institution Code. Since fiscal year 2002/2003, the purchase of state hospital beds has been separated from the Performance Contract, making it a stand-alone agreement. On January 3, 2014, the Board of Supervisors approved Memorandum of Understanding Agreement #74–208–11 with the State Department of Mental Health, for the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Cynthia Belon (925) 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: C. 62 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Memorandum of Understanding #74–208–12 with the California Department of State Hospitals February 9, 2016 Official Minutes 644 BACKGROUND: (CONT'D) period from July 1, 2013 through June 30, 2014, for the purchase and use of state hospital beds. The responsibility for administration of this program has since been transferred to the Department of State Hospitals. The State recently proposed this MOU which covers the period July 1, 2014 through June 30, 2016. Approval of Memorandum of Understanding #74–208–12 will allow County to compensate the State for bed usage, including staffing, facilities, equipment, and supplies through June 30, 2016. This Agreement includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to pay Contractor for bed usage for mentally ill patients CHILDREN'S IMPACT STATEMENT: Not Applicable February 9, 2016 Official Minutes 645 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation Contract #74–315–10 with Community Options for Families and Youth, Incorporated, a non-profit corporation, in an amount not to exceed $2,551,176, to provide Therapeutic Behavioral Services (TBS), Multisystemic Therapy and Functional Family Therapy 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 $1,275,588. FISCAL IMPACT: This Contract is funded (43% Federal Early and Periodic Screening, Diagnosis and Treatment; 22% County Realignment; 25% Mental Health Services Act; 10% Probation Mentally Ill Offenders Crime Reduction Grant. (No rate increase) BACKGROUND: The Contract meets the social needs of the County by providing TBS to seriously emotionally disturbed children who have been discharged from a hospital or have failed in other placements. Contractor shall also provide a Multisystemic Behavioral and Functional Family Therapy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: A Floyd , M Wilhelm C. 76 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Novation Contract #74–315–10 with Community Options for Families and Youth, Incorporated February 9, 2016 Official Minutes 646 BACKGROUND: (CONT'D) program for adolescents who are discharged from Juvenile Hall and the Orin Allen Youth Rehabilitation Facility. On December 2, 2014, the Board of Supervisors approved Novation Contract #74–315–9 with Community Options for Families and Youth, Incorporated for the period from July 1, 2014 through June 30, 2015, which included a six-month automatic extension through December 31, 2015, for the provision of TBS and Multisystemic Behavioral Therapy. Approval of Novation Contract #74–315–10 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, seriously emotionally disturbed children and adolescents involved in the juvenile justice system will not have access to Contractor’s mental health services which may result in a reduction of services and placement in higher levels of care. CHILDREN'S IMPACT STATEMENT: This TBS program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). February 9, 2016 Official Minutes 647 RECOMMENDATION(S): APPROVE AND AUTHORIZE the Auditor-Controller, or his designee, to pay $550 to Garda CL West, Inc. for the provision of armored transport services rendered at Contra Costa County Health Services Department during the period January 1, 2016 through January 31, 2016. FISCAL IMPACT: 100% Hospital Enterprise Fund I. BACKGROUND: Garda CL West, Inc. has been providing armored transport services to Contra Costa County Health Services Department for several years. The provider has not been paid in full for prior services provided during January 1, 2016 through January 31, 2016. The provider is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor 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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Anna Roth, (925) 370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Chris Heck, Deputy cc: Kathleen cyr, Marcy Wilhelm C. 75 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Payment for services provided by Garda CL West, Inc. February 9, 2016 Official Minutes 648 BACKGROUND: (CONT'D) Here, Garda CL West, Inc. provided services at the request of the department after the contract payment limit was reached. The Division is requesting the amount due to the Contractor be paid in the amount of $550. CONSEQUENCE OF NEGATIVE ACTION: If this is not approved, Contractor will not be paid for services provided in good faith to Contra Costa County Health Services Department. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 649 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment with CherryRoad Technologies, Inc, effective February 9, 2016, to increase the payment limit by $307,420 to a new payment limit of $6,459,730 for the contractor to provide an additional resources to assist the County with the upgrade of PeopleSoft HCM version 8.8 to version 9.2. FISCAL IMPACT: The $6,459,730 is budgeted under Org #1695 FY 2014-2015, FY 2015-2016, and FY 2016-2017, supported through countywide inter-departmental charges to all departments. BACKGROUND: The PeopleSoft Human Capital Management (HCM) system is currently used to process the County’s payroll, in addition to maintaining human resources and employee benefits records. The original contract with CherryRoad Technologies Inc provided for the contractor to perform a fit/gap analysis, infrastructure assessment, and initial upgrade tasks to upgrade PeopleSoft HCM version 8.8 to version 9.2, at a cost up to $1,200,000. The County and contractor first amended the contract in September 2015 to provide that the Contractor would host nine application test environments, at a cost of up to $150,000. The County and contractor amended the contract a second time in November 2015 to begin the upgrade tasks to upgrade Peoplesoft HCM version 8.8 to version 9.2 at a cost of up to $4,334,950. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Ed Woo 925-383-2688 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 83 To:Board of Supervisors From:Ed Woo, Chief Information Officer Date:February 9, 2016 Contra Costa County Subject:Contract Amendment #4 with CherryRoad Technologies, Inc. February 9, 2016 Official Minutes 650 BACKGROUND: (CONT'D) The County and contractor amended the contract a third time in December 2015 for the purchase of Taleo Recruitment and Onboarding application licenses, which will be hosted by Oracle on its servers and interface with the PeopleSoft HCM system, and the implementation of the Taleo application, at a cost of up to $467,360. The proposed fourth amendment is to provide for an additional contractor resource to assist the County Human Resources Department with business process analysis and improvements associated with the upgrade of PeopleSoft HCM version 8.8 to version 9.2 . In addition, the additional contractor resource will perform work assigned to the unrepresented classification of Human Resources Systems Analyst pending a recruitment to fill the recently vacated position including: (1) create test scripts and verify and approve test data for system production; (2) interface with representatives of other departments and serve as the technical point-of-contact for manual and automated human resources information systems issues; (3) develop, update and maintain human resources system tables, including the County's master pay plan; (4) review, suggest improvements to, develop, and document system procedures and processes; (5) develop, analyze, and verify complex system queries for HR and Labor, independently and in concert with County IT staff; (6) prepare change control requests based on operational needs of the County; and (7) process countywide personnel transactions including payroll and classification. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the contract amendment will severely limit HR staff's ability to support the PeopleSoft Upgrade Project and personnel transactions and labor relations functions. February 9, 2016 Official Minutes 651 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Allen Packaging Company in the amount of $125,000 to provide three-compartment trays for Seal-a-Meal food to be used at the West County, Martinez, and Marsh Creek Detention Facilities for the period January 1, 2016 through December 31, 2016. FISCAL IMPACT: $125,000; 100% County General Fund, Budgeted. BACKGROUND: Allen Packaging supplies the packaging equipment and supplies used for the seal-a-meal food central production system at WCDF, where inmate meals are produced and distributed to MDF and MCDF. This central production system has proven to increase efficiency and reduce costs for mandated provided meals to inmates. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 88 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 9, 2016 Contra Costa County Subject:Purchase Order - Allen Packaging February 9, 2016 Official Minutes 652 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Bob Barker Company, in an amount not to exceed $530,000 for the purchase of miscellaneous products specific to correctional facilities as needed within the County's detention facilities for the period January 1, 2016 through December 31, 2017. FISCAL IMPACT: $530,000. 100% General Fund; Budgeted. BACKGROUND: Bob Barker is a specialty firm that specializes in selling products specific to jails, prisons and correctional facilities, i.e. bedding, inmate clothing, mattresses and various sundry housing supplies. This vendor provides direct drop shipments of large quantities of products at extremely low costs; no other local company was able to match products, pricing, quantity and delivery parameters. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office would not be able to execute the purchase order with Bob Barker Company. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 86 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 9, 2016 Contra Costa County Subject:Purchase Order - Bob Barker February 9, 2016 Official Minutes 653 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Waxie Sanitary Supply, in an amount not to exceed $180,000 for the purchase of miscellaneous janitorial supplies as needed within the County's detention facilities for the period January 1, 2016 through December 31, 2017. FISCAL IMPACT: $180,000. 100% General Fund; Budgeted. BACKGROUND: Detention purchases janitorial supplies for over 2000 inmates. Items include over 100 cases a week of toilet paper, paper towels, hand soap, gloves & other cleaning chemicals and supplies. Waxie Sanitary Supply serves as a secondary supplier to Clean Source and is a GSD-select vendor. Pricing as per national IPA Janitorial and Sanitation Supplies Agreement #1004849. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office would be unable to acquire janitorial supplies on an as needed basis through Waxie Sanitary. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 85 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 9, 2016 Contra Costa County Subject:Purchase Order - Waxie Sanitary Supply February 9, 2016 Official Minutes 654 CHILDREN'S IMPACT STATEMENT: No impact. February 9, 2016 Official Minutes 655 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid Student Training Agreement #26-291 with the University of North Carolina at Chapel Hill, Gillings School of Global Public Health, an educational institution, to provide supervised field instruction at Contra Costa Regional Medical Center and Contra Costa Health Centers for dietitian students, for the period from April 1, 2016 through March 31, 2017. FISCAL IMPACT: None. BACKGROUND: The purpose of this agreement is to provide University of North Carolina at Chapel Hill, Gillings School of Global Public Health dietitian students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 97 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:University of North Carolina at Chapel Hill, Gillings School of Global Public Health Unpaid Student Training Agreement #26-291 February 9, 2016 Official Minutes 656 BACKGROUND: (CONT'D) responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefitting from the students’ services to patients. Under Unpaid Student Training Agreement #26-291, University of North Carolina at Chapel Hill, Gillings School of Global Public Health students will receive supervised fieldwork instruction experience, at Contra Costa Regional Medical Center and Contra Costa Health Centers through March 31, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the students will not receive supervised fieldwork instruction experience at Contra Costa Regional Medical Center and Contra Costa Health Centers. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 657 RECOMMENDATION(S): ADOPT Resolution No. 2016/68 authorizing amendments of Contra Costa County Variable Rate Multifamily Housing Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H (the "Bonds") issued to make a loan used to refinance the acquisition and construction of a multifamily rental housing project generally known as Mira Vista Hills Apartments (the "Project"), located at 2201 San Jose Drive in the City of Antioch, including: AUTHORIZING amendments relating to Bonds issued to refinance Mira Vista Apartments;1. APPROVING the form of Amended and Restated Trust Indenture between the County of Contra Costa, as Issuer, and U.S. Bank National Association, as Trustee; 2. APPROVING the form of Amended and Restated Financing Agreement among the County of Contra Costa, as Issuer, U.S. Bank National Association, as Trustee, and Reliant-Mira Vista, L.P., as Borrower; 3. AUTHORIZING the Chair or Vice Chair of the Board of Supervisors, the County Administrator, the Director of Conservation and Development, the Assistant Deputy Director of the Department of Conservation and Development, or the Community Development Bond Program Manager to execute and deliver the Indenture and Financing Agreement, and to do any and all things, take any and all actions, and execute and deliver any and all certificates, agreements, and other documents which the officer may deem necessary or advisable in order to effectuate the purposes of the Resolution; and 4. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kristen Lackey (925) 674-7888 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 91 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 9, 2016 Contra Costa County Subject:Amendments Relating to Multifamily Mortgage Revenue Bonds - Mira Vista Hills Apartments February 9, 2016 Official Minutes 658 RECOMMENDATION(S): (CONT'D) > APPROVING, RATIFYING AND CONFIRMING all actions heretofore taken by the officers and agents of the County with respect to the amendments relating to the Bonds and other actions necessary to complete the amendments. 5. FISCAL IMPACT: The County will be reimbursed for costs incurred in the amendment process. Reimbursement by the Borrower of the annual expenses of the County for monitoring of the low income housing provisions of the Regulatory Agreement and Declaration of Restrictive Covenants is provided for in the Bond documents. The Bonds will be payable from and secured by revenues (rents, reserves, etc.) of the Project that are pledged under the Bond documents. No County funds are pledged to secure the Bonds. BACKGROUND: Resolution No. 2016/68 authorizes amendments relating to County of Contra Costa Multifamily Housing Variable Rate Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H (the “Bonds”). The Board of Supervisors authorized the original issuance of bonds for the Project in 1985 and a refunding in 1999. The proceeds of the Bonds were used for the acquisition and construction of the multifamily housing development now known as Mira Vista Hills Apartments (the “Project”), a 280 unit housing development located at 2201 San Jose Drive in the City of Antioch. The Project includes 56 units affordable for low income households. The Project was purchased by Reliant – Mira Vista, L.P. (the “Borrower”) on September 15, 2015. The Borrower is refinancing the Project in order to finance approximately $2 million in capital improvements for the Project, including updating kitchens, appliances, bathrooms, flooring and paint. Additionally, the Borrower will be offering onsite residential services. In order to refinance the Project, the Borrower has requested the County, as Issuer, to approve amendments to the terms of the Bonds including, (1) name change to reflect the Project name, (2) replace existing Bond structure with a simple fixed rate structure, (3) change in the fixed rate and optional redemption provisions, (4) change from monthly to quarterly interest payments, (5) subordinate the Bonds to an anticipated conventional loan, and (6) eliminate the Principal Reserve Fund. The amendments will require consent of 100 percent of the bond owners. The Bonds mature in 2029. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the amendments to the Bonds and the Borrower would be more likely to retire the Bonds resulting in the termination of the affordability restrictions ten years early, in 2019. ATTACHMENTS Resolution No. 2016/68 Att A Mira Vista Indenture Att B Mira Vista Financing Agreement February 9, 2016 Official Minutes 659 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/68 RESOLUTION APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF AMENDMENTS TO THE DOCUMENTS RELATING TO MULTIFAMILY HOUSING REVENUE BONDS ISSUED FOR THE PURPOSE OF FINANCING THE DEVELOPMENT OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT KNOWN AS MIRA VISTA HILLS APARTMENTS AND APPROVING AND AUTHORIZING RELATED ACTIONS. WHEREAS, the County of Contra Costa (the “County”) is authorized pursuant to Section 52075 and following of the California Health and Safety Code (the “Act”) to issue revenue bonds for the purpose of financing, among other things, the acquisition and construction of multifamily rental housing projects; WHEREAS, the proceeds of such bonds may be loaned to a nongovernmental owner of multifamily housing, who shall be responsible for the payment of such bonds, to allow such nongovernmental owner to reduce the cost of constructing, owning and operating such housing and to assist in providing housing for low income persons; WHEREAS, the County has previously issued its County of Contra Costa Variable Rate Multifamily Housing Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H (the “Bonds”) for the purpose of refinancing the cost of developing a multifamily rental housing project now known as Mira Vista Hills Apartments (the “Project”); and WHEREAS, the Project is owned by Reliant – Mira Vista, L.P., a California limited partnership (the “Owner”); and WHEREAS, the Owner has requested that certain amendments be made to the trust indenture pursuant to which the Bonds were issued and the financing agreement pursuant to which the loan was made to refinance the Project (the “Amendments”); and WHEREAS, there have been prepared and placed on file with the Clerk of the Board of Supervisors (the “Clerk”) the following documents required to effect the Amendments, and such documents are now in substantially final form and are appropriate instruments to be executed and delivered for the purposes intended: (1) Amended and Restated Trust Indenture (the “Indenture”) to be entered into between the County and U.S. Bank National Association, as trustee (the “Trustee”); and (2) Amended and Restated Financing Agreement (the “Financing Agreement”) to be entered into among the County, the Trustee and the Owner. WHEREAS, the Bonds are not a debt, nor a pledge of the faith and credit of the County, and the County is not liable on the Bonds, nor are the Bonds payable out of any funds or properties other than those of the Project pledged for the payment thereof. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. This Board hereby specifically finds and declares that the statements, findings and determinations of the County set forth above are true and correct. Section 2. The form of Indenture, on file with the Clerk, is hereby approved. Each of the Chair or Vice Chair of this Board of Supervisors, the County Administrator of the County, the Director of the Department of Conservation and Development of the County, the Assistant Deputy Director of the Department of Conservation and Development of the County or the Community Development Bond Program Manager of the County (each an “Authorized Officer”) is hereby authorized, upon a determination by such Authorized Officer that such Indenture is complete and that its execution and delivery is in the best interest of the County, to execute and deliver the Indenture in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. 4 1 February 9, 2016 Official Minutes 660 Section 3. The form of Financing Agreement, on file with the Clerk, is hereby approved. Each Authorized Officer is hereby authorized upon a determination by such Authorized Officer that such Financing Agreement is complete and that its execution and delivery is in the best interest of the County, to execute and deliver the Financing Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4. All actions heretofore taken by the officers and agents of the County with respect to the Project and the Amendments, are hereby approved, ratified and confirmed, and any Authorized Officer is hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents, including but not limited to those described in the Indenture, the Financing Agreement and the other documents herein approved, as well as a tax certificate which such officer, or any of them, may deem necessary or advisable in order to consummate the Amendments and to effectuate the purposes hereof. Section 5. All further consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this resolution, including without limitation any of the foregoing which may be necessary or desirable in connection with any default under or amendment of such documents, any transfer or other disposition of the Project, any addition or substitution of security for the Bonds or any redemption of the Bonds, may be given or taken by an Authorized Officer without further authorization by this Board of Supervisors, and such Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request and to take any such action which such officer may deem necessary or desirable to further the purposes of this resolution. Section 6. This Resolution shall take effect upon its adoption. Contact: Kristen Lackey (925) 674-7888 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: February 9, 2016 Official Minutes 661 OHS DRAFT 1/22/16 OHSUSA:764324655.2 AMENDED AND RESTATED TRUST INDENTURE between COUNTY OF CONTRA COSTA, as Issuer and U.S. BANK NATIONAL ASSOCIATION, as Trustee Relating to COUNTY OF CONTRA COSTA MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (MIRA VISTA HILLS APARTMENTS PROJECT) 1999 SERIES H Dated as of March 1, 2016 Amending and restating Trust Indenture, dated as of October 1, 1999, between the County of Contra Costa and U.S. Bank National Association, as Trustee February 9, 2016 Official Minutes 662 TABLE OF CONTENTS i OHSUSA:764324655.2 ARTICLE I DEFINITIONS ................................................................................................. 4 Section 1.01 Definitions............................................................................................ 4 Section 1.02 Interpretation ...................................................................................... 13 ARTICLE II THE BONDS ................................................................................................. 14 Section 2.01 The Bonds .......................................................................................... 14 Section 2.02 Limited Obligations ........................................................................... 15 Section 2.03 Indenture Constitutes Contract .......................................................... 16 Section 2.04 Form and Execution ........................................................................... 16 Section 2.05 Authentication .................................................................................... 16 Section 2.06 Mutilated, Lost, Stolen or Destroyed Bonds ...................................... 16 Section 2.07 Transfer and Exchange of Bonds; Persons Treated as Owners; Restrictions on Transfer ..................................................................... 17 Section 2.08 Temporary Bonds............................................................................... 18 Section 2.09 Delivery of Bonds .............................................................................. 18 Section 2.10 Establishment of Loan Fund; Application of Bond Proceeds and Other Money; Assignment of Loan to Trustee ........................... 19 Section 2.11 Subordination ..................................................................................... 20 ARTICLE III REDEMPTION OF BONDS PRIOR TO MATURITY ................................ 21 Section 3.01 Redemption of Bonds Prior to Maturity ............................................ 21 Section 3.02 Selection of Bonds for Redemption ................................................... 22 Section 3.03 Notice of Redemption ........................................................................ 22 Section 3.04 Effect of Notice of Redemption ......................................................... 23 ARTICLE IV REVENUES AND FUNDS ........................................................................... 23 Section 4.01 Pledge of Revenues and Assets; Establishment of Funds .................. 23 Section 4.02 Loan Fund .......................................................................................... 24 Section 4.03 Application of Revenues .................................................................... 24 Section 4.04 Application of Bond Fund ................................................................. 25 Section 4.05 Application of Redemption Fund....................................................... 25 Section 4.06 Reserved ............................................................................................. 25 Section 4.07 Reserved ............................................................................................. 25 Section 4.08 Investment of Funds ........................................................................... 25 Section 4.09 Money Held for Particular Bonds; Funds Held in Trust .................... 26 Section 4.10 Accounting Records ........................................................................... 26 February 9, 2016 Official Minutes 663 ii OHSUSA:764324655.2 Section 4.11 Amounts Remaining in Funds ........................................................... 26 Section 4.12 Cost of Issuance Fund ........................................................................ 27 Section 4.13 Rebate Fund; Compliance With Tax Certificate ................................ 27 ARTICLE V GENERAL COVENANTS AND REPRESENTATIONS ............................ 28 Section 5.01 Payment of Principal and Interest ...................................................... 29 Section 5.02 Performance of Covenants ................................................................. 29 Section 5.03 Representations and Warranties of the Issuer; Power to Issue Bonds and Make Pledge and Assignment .......................................... 29 Section 5.04 Inspection of Project Books ............................................................... 29 Section 5.05 Tax Covenants. (a) Issuer’s Covenants. The Issuer covenants to and for the benefit of the Holders of the Bonds that it will: .............. 30 ARTICLE VI DEFAULT PROVISIONS AND REMEDIES OF TRUSTEE AND BONDHOLDERS .......................................................................................... 31 Section 6.01 Events of Default ............................................................................... 31 Section 6.02 Acceleration; Other Remedies Upon Event of Default ...................... 32 Section 6.03 Rights of Bondholders ....................................................................... 33 Section 6.04 Waiver by Issuer ................................................................................ 33 Section 6.05 Application of Money After Default .................................................. 34 Section 6.06 Reserved ............................................................................................. 35 Section 6.07 Remedies Vested in Trustee............................................................... 35 Section 6.08 Remedies of Bondholders .................................................................. 35 Section 6.09 Termination of Proceedings ............................................................... 35 Section 6.10 Waivers of Events of Default ............................................................. 35 Section 6.11 Notice to Bondholders if Default Occurs........................................... 36 ARTICLE VII CONCERNING THE TRUSTEE .................................................................. 36 Section 7.01 Standard of Care ................................................................................ 36 Section 7.02 Reliance Upon Documents ................................................................ 37 Section 7.03 Use of Proceeds.................................................................................. 40 Section 7.04 Trustee May Hold Bonds ................................................................... 40 Section 7.05 Trust Imposed .................................................................................... 40 Section 7.06 Compensation of Trustee ................................................................... 40 Section 7.07 Qualifications of Trustee.................................................................... 41 Section 7.08 Merger of Trustee .............................................................................. 41 February 9, 2016 Official Minutes 664 iii OHSUSA:764324655.2 Section 7.09 Resignation by the Trustee................................................................. 42 Section 7.10 Removal of the Trustee ...................................................................... 42 Section 7.11 Appointment of Successor Trustee .................................................... 42 Section 7.12 Concerning Any Successor Trustee ................................................... 43 Section 7.13 Successor Trustee as Trustee, Paying Agent and Bond Registrar ............................................................................................. 43 Section 7.14 Appointment of Co-Trustee or Separate Trustee ............................... 43 Section 7.15 Notice of Certain Events .................................................................... 45 Section 7.16 Partial Release of Mortgage ............................................................... 45 Section 7.17 Filing of Financing Statements .......................................................... 45 ARTICLE VIII SUPPLEMENTAL INDENTURES AND AMENDMENTS OF CERTAIN DOCUMENTS ............................................................................ 46 Section 8.01 Supplemental Indentures Not Requiring Consent of Bondholders ....................................................................................... 46 Section 8.02 Supplemental Indentures Requiring Consent of Bondholders ........... 46 Section 8.03 Amendments to Financing Agreement Not Requiring Consent of Bondholders ................................................................................... 48 Section 8.04 Amendments to Financing Agreement Requiring Consent of Bondholders ....................................................................................... 48 Section 8.05 Reserved ............................................................................................. 48 Section 8.06 Opinion of Bond Counsel Required ................................................... 48 ARTICLE IX SATISFACTION AND DISCHARGE OF INDENTURE............................ 49 Section 9.01 Discharge of Lien ............................................................................... 49 Section 9.02 Reserved ............................................................................................. 50 Section 9.03 Discharge of Liability on Bonds ........................................................ 50 Section 9.04 Payment of Bonds After Discharge of Indenture ............................... 50 Section 9.05 Deposit of Money or Securities With Trustee ................................... 50 ARTICLE X INTENTIONALLY OMITTED .................................................................... 51 ARTICLE XI MISCELLANEOUS ...................................................................................... 51 Section 11.01 Consents and Other Instruments of Bondholders .............................. 51 Section 11.02 Reserved ............................................................................................. 51 Section 11.03 Limitation of Rights ........................................................................... 51 Section 11.04 Severability ........................................................................................ 52 Section 11.05 Notices ............................................................................................... 52 February 9, 2016 Official Minutes 665 iv OHSUSA:764324655.2 Section 11.06 Reserved ............................................................................................. 54 Section 11.07 Trustee as Paying Agent and Bond Registrar .................................... 54 Section 11.08 Payments Due on Non-Business Days ............................................... 54 Section 11.09 Counterparts ....................................................................................... 54 Section 11.10 Governing Law .................................................................................. 54 Section 11.11 No Recourse ....................................................................................... 54 Section 11.12 Parity of Series ................................................................................... 55 EXHIBIT A FORM OF BOND ............................................................................................ 1 EXHIBIT B FORM OF PURCHASER’S LETTER ............................................................ 1 EXHIBIT C [RESERVED] .................................................................................................. 1 EXHIBIT D [RESERVED] .................................................................................................. 1 EXHIBIT E AMORTIZATION SCHEDULE ..................................................................... 1 February 9, 2016 Official Minutes 666 1 OHSUSA:764324655.2 AMENDED AND RESTATED TRUST INDENTURE THIS AMENDED AND RESTATED TRUST INDENTURE, dated as of March 1, 2016 (the “Indenture”), by and between the COUNTY OF CONTRA COSTA (the “Issuer”), a political subdivision of the State of California (the “State”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under and by virtue of the laws of the United States of America, as successor trustee (together with any successor trustee hereunder and their respective successors and assigns, the “Trustee”), and amending and restating that certain Trust Indenture, dated as of October 1, 1999 (the “Original Indenture”), between the Issuer and the Trustee; W I T N E S S E T H: WHEREAS, the Issuer is authorized by Article 11 of Chapter 3 of Part 1 of Division 2 of the Government Code of the State of California (the “Refunding Law”) to issue its revenue bonds and loan the proceeds thereof to refinance the acquisition, construction and development of multifamily rental housing for persons and families of low or moderate income; and WHEREAS, pursuant to the Refunding Law and the Original Indenture, the Issuer issued its County of Contra Costa Variable Rate Multifamily Housing Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H (the “Bonds”) to refinance the acquisition and construction of a multifamily residential development now known as “Mira Vista Hills Apartments” (the “Project”); and WHEREAS, the Bonds are outstanding in the aggregate principal amount of $10,655,000 and all of the Bonds are presently owned by Reliant CAP VIII, LLC, a California limited liability company (the “Bondholder”); and WHEREAS, the Issuer has entered into a Financing Agreement, dated as of October 1, 1999 (the “Original Financing Agreement”), with the Trustee and Reliant – Mira Vista, L.P., a California limited partnership (the “Borrower”), as the assignee of Runaway Bay, LLC, a Delaware limited liability company, the assignee of Delta Square-Oxford Limited Partnership, a Maryland limited partnership (“DSOLP”), for the making a mortgage loan to DSOLP to refinance the cost of the acquisition and construction of the Project; and WHEREAS, the Borrower’s obligation to repay the loan is evidenced by a promissory Note (the “Original Note”), endorsed by the Issuer to the Trustee pursuant to the Original Indenture; and WHEREAS, the Borrower’s obligations under the Original Note are secured by a Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, dated as of October 1, 1999 (the “Original Mortgage”); and WHEREAS, the Borrower has requested the Issuer and the Trustee to enter into this Indenture and an Amended and Restated Financing Agreement, dated as of March 1, 2016 (the “Financing Agreement”), and to approve an amendment and restatement of the Original Note (as amended and restated, the “Note”) and an amendment and restatement of the Original Mortgage February 9, 2016 Official Minutes 667 2 OHSUSA:764324655.2 (as amended and restated, the “Mortgage”), and that the Bondholder approve the execution and delivery of this Indenture, the Financing Agreement, the Note and the Mortgage; and WHEREAS, the Issuer and the Trustee have agreed to execute and deliver this Indenture and the Financing Agreement and have approved the execution and delivery of the Note and the Mortgage and the Bondholder has approved the execution and delivery of this Indenture, the Financing Agreement, the Note and the Mortgage; and WHEREAS, upon the execution and delivery of this Indenture, the Bonds will be designated “County of Contra Costa Multifamily Housing Refunding Revenue Bonds (Mira Vista Hills Apartments Project) 1999 Series H”. NOW, THEREFORE, the Issuer, in consideration of the foregoing, and for other good and valuable consideration, the receipt of which is hereby acknowledged, to secure the payment of the principal of, and interest on the Bonds according to their tenor and effect, and the performance and observance by the Issuer of all the covenants expressed or implied herein and in the Bonds, does hereby grant, bargain, sell, convey, pledge and assign a security int erest, unto the Trustee, and its successors in trust and its and their assigns in and to the following (said property being herein referred to as the “Trust Estate”), to wit: GRANTING CLAUSE FIRST All right, title and interest of the Issuer in and to all Revenues. GRANTING CLAUSE SECOND All right, title and interest of the Issuer in and to the Financing Agreement, the Note and the Mortgage (other than the Unassigned Rights), including all extensions and renewals of the terms thereof, if any, including, but without limiting the generality of the foregoing, the present and continuing right to receive, receipt for, collect or make claim for any of the money, income, revenues, issues, profits and other amounts payable or receivable thereunder, whether payable under the above-referenced documents or otherwise, to bring actions and proceedings thereunder or for the enforcement thereof, and to do any and all things which the Issuer or any other Person is or may become entitled to do under said documents. GRANTING CLAUSE THIRD Except for funds, money or securities in the Rebate Fund, all funds, money and securities and any and all other rights and interests in property whether tangible or intangible from time to time hereafter by delivery or by writing of any kind, conveyed, mortgaged, pledged, assigned or transferred as and for additional security hereunder for the Bonds by the Issuer or by anyone on its behalf or with its written consent to the Trustee, which is hereby authorized to receive any and all such property at any and all times and to hold and apply the same subject to the terms hereof. TO HAVE AND TO HOLD, all the same with all privileges and appurtenances hereby conveyed and assigned, or agreed or intended so to be, to the Trustee and its successors in said trust and to them and their assigns forever; February 9, 2016 Official Minutes 668 3 OHSUSA:764324655.2 IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the equal and proportionate benefit, security and protection of all Holders of the Bonds issued under and secured by this Indenture without privilege, priority or distinction as to lien or otherwise of any of the Bonds over any of the other Bonds, except as set forth in this Indenture; PROVIDED, HOWEVER, that if the Issuer or its successors or assigns shall pay or cause to be paid to the Holders of the Bonds the principal, interest and, to become due thereon at the times and in the manner provided in Article IX hereof, and if the Issuer shall keep, perform and observe, or cause to be kept, performed and observed, all of its covenants, warranties and agreements contained herein, then these presents and the estate and rights hereby granted shall, at the option of the Issuer, cease, terminate and be void, and thereupon the Trustee shall cancel and discharge the lien of this Indenture and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereof, and, subject to the provisions of Sections 4.09 and 4.11 and Article IX hereof, reconvey to the Issuer the estate hereby conveyed, and assign and deliver to the Issuer any property at the time subject to the lien of this Indenture which may then be in its possession, except for the Rebate Fund; otherwise this Indenture to be and remain in full force and effect and upon the trusts and subject to the covenants and conditions hereinafter set forth. AND IT IS HEREBY COVENANTED AND AGREED by and between the parties hereto, that the terms and provisions upon which the Bonds are to be issued, executed, authenticated, delivered and secured, and the trusts and conditions upon which the Trust Estate is to be held and disposed of, which said trusts and conditions the said Trustee hereby accepts and agrees to discharge, are as follows (except that in the performance of the agreements of the Issuer herein contained, any obligation it may thereby incur for the payment of money shall not be a general obligation of the Issuer nor a debt or pledge of the faith and credit of the Issuer or the State, but shall be payable solely from the revenues and funds pledged for its payment in accordance with this Indenture): ARTICLE I DEFINITIONS Section 1.01 Definitions. Terms used herein and not otherwise defined shall have the meaning provided in the Indenture. The terms used in this Indenture (except as herein otherwise expressly provided or unless the context otherwise requires) for all purposes of this Indenture and of any indenture supplemental hereto shall have the respective meanings specified below: “Accredited Investor” means an “accredited investor” as defined in Regulation D promulgated under the Securities Act of 1933, as in effect on the date hereof. “Act” means Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code as now in effect and as it may from time to time hereafter be amended and supplemented. “Amendment Date” means _______________, 2016, the date of execution and delivery of this Indenture. February 9, 2016 Official Minutes 669 4 OHSUSA:764324655.2 “Authorized Amount” shall mean $10,655,000, the principal amount of Bonds outstanding under this Indenture on the Amendment Date. “Authorized Denomination” means $100,000 or any dollar amount in excess thereof; provided that if at any time the outstanding amount of Bonds is less than $100,000, one Bond may remain outstanding in such lesser amount. “Authorized Officer” means (a) when used with respect to the Issuer, the Chair or Vice- Chair of the Board of Supervisors, the County Administrator, the Director of the Department of Conservation and Development, the Assistant Deputy Director of the Department of Conservation and Development, the Community Development Bond Program Manager, and any other officer of the Issuer designated by certificate of any of the foregoing as authorized by the Issuer to perform a specified act, sign a specified document or otherwise take action with respect to the Bonds, (b) when used with respect to the Borrower, such additional Person or Persons, if any, duly designated by the Borrower in writing to act on its behalf, and (c) when used with respect to the Trustee, any authorized signatory of the Trustee, or any Person who is authorized in writing to take the action in question on behalf of the Trustee. “Bond Counsel” means Orrick, Herrington & Sutcliffe LLP, or any other firm of attorneys selected by the Issuer that is experienced in matters relating to the issuance of obligations by states and their political subdivisions that is listed as municipal bond attorneys in The Bond Buyer’s Municipal Marketplace. “Bond Fund” means the Bond Fund established by the Trustee pursuant to Section 4.01 hereof. “Bond Payment Date” means each January 15, April 15, July 15, and October 15, commencing April 15, 2016. “Bond Rate” means _________________ percent (____%), which is the interest rate on the Bonds. “Bond Register” means the books or other records maintained by the Bond Registrar setting forth the registered Holders from time to time of the Bonds. “Bond Registrar” means the Trustee acting as such, and any other bond registrar appointed pursuant to this Indenture. “Bond Year” means, with respect to an issue of Bonds, each one-year period that ends at the close of business on the day in the calendar year that is selected by Borrower as indicated in the Tax Certificate. The first and last Bond Years may be short periods. If no day is selected by Borrower before the earlier of the final maturity of an issue of Bonds or the date that is five years after the Closing Date of such issue of Bonds, each Bond Year ends on each anniversary of the Closing Date for such issue of Bonds and on the final maturity of such issue of Bonds. “Bondholder” or “Holder” or “Owner” means any Person who shall be the registered owner of any Outstanding Bond or Bonds. February 9, 2016 Official Minutes 670 5 OHSUSA:764324655.2 “Bondholder Representative” means any Person appointed to such position by written instrument signed a majority of the Holders of the Outstanding Bonds. If there is no appointed Bondholder Representative, the Holder of a majority or plurality of the Outstanding Bonds shall be deemed to be the Bondholder Representative. The initial Bondholder Representative is Reliant CAP VIII, LLC, a California limited liability company. “Bonds” means, the “County of Contra Costa Multifamily Housing Refunding Revenue Bonds (Mira Vista Hills Apartments Project) 1999 Series H”. “Borrower” means Reliant-Mira Vista, L.P., a limited partnership duly organized and existing under the laws of the State of California, or any of its permitted successors or assigns, as owner of the Project. “Business Day” means any day other than (a) a Saturday, (b) a Sunday, (c) a day on which the Federal Reserve Bank of New York is authorized or obligated by law or executive order to remain closed, (d) a day on which the Principal Office of the Bondholder Representative is closed, or (e) a day on which (i) banking institutions in the City of New York or in the city in which the Principal Office of the Trustee or the Bondholder Representative is located are authorized or obligated by law or executive order to be closed or (ii) the New York Stock Exchange is closed. “Certificate of the Issuer” and “Request of the Issuer” mean, respectively, a written certificate or request signed in the name of the Issuer by an Authorized Officer of the Issuer or such other Person as may be designated and authorized to sign for the Issuer. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. “Code” means the Internal Revenue Code of 1986 and the regulations promulgated thereunder. “Electronic Notice” means delivery of notice in a Word format or a Portable Document Format (PDF) by electronic mail to the electronic mail addresses listed in Section 11.05 hereof; provided, that if a sender receives notice that the electronic mail is undeliverable, notice must be sent as otherwise required by Section 11.05 hereof. “Event of Default” or “event of default” means any of those events specified in and defined by the applicable provisions of Article VI hereof to constitute an event of default. “Excess Cash Flow” means, with respect to the Loan and the Project, for any period, seventy five percent (75%) of the excess of (a) Gross Revenue over (b) all Property Expenses. “Extraordinary Services” means and includes, but not by way of limitation, services, actions and things carried out and all expenses incurred by the Trustee in respect of or to prevent default under this Indenture or the Loan Documents, including any reasonable attorneys’ or agents’ fees and expenses and other litigation costs that are entitled to reimbursement under the terms of the Financing Agreement, and other actions taken and carried out by the Trustee which are not expressly set forth in this Indenture or the Loan Documents. February 9, 2016 Official Minutes 671 6 OHSUSA:764324655.2 “Financing Agreement” means the Amended and Restated Financing Agreement dated as of the date hereof among the Borrower, the Issuer and the Trustee, as such Financing Agreement may from time to time be amended or supplemented. “Government Obligations” means investments meeting the requirements of clauses (a) or (b) of the definition of “Qualified Investments” herein. “Gross Revenue” means the gross revenues generated by the Projects from all sources during such period (excluding, however, the proceeds of casualty insurance (other than rent loss insurance), condemnation proceeds, capital contributions, loans or advances, rental income prepaid more than one month in advance and other unusual or extraordinary cash items the use and application of which is restricted or encumbered by the Senior Documents. “Indenture” means this Amended and Restated Trust Indenture, as the same may be amended, modified or supplemented from time to time. “Issue Date” means October 21, 1999. “Issuer” means the County of Contra Costa, a political subdivision, duly organized and validly existing under the laws of the State of California, and its successors and assigns. “Issuer Fee” means the Issuer’s annual fee in the amount of $15,125. “Loan” means the loan made by the Issuer to the Borrower pursuant to the Financing Agreement. “Loan Documents” means, collectively, this Indenture, the Financing Agreement, the Note, the Mortgage and all other documents securing the Loan. “Maturity Date” means October 15, 2029. “Mortgage” means the Subordinate Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as of the date hereof, together with all riders and addenda thereto, granting a second priority mortgage and security interest in the Project to the Trustee to secure the repayment of the Loan as the same may be amended, supplemented or restated. “Net Proceeds” when used with respect to any insurance proceeds or condemnation award with respect to the Project, shall mean the amount remaining (i) after deducting from the gross proceeds thereof all expenses (including attorneys’ fees) incurred in the collection of such proceeds or award and (ii) after applying such amounts as set forth in the Senior Loan Documents. “Note” means the amended and restated promissory note in the form attached to the Financing Agreement as Exhibit A evidencing the obligation of the Borrower to make the Loan Payments. February 9, 2016 Official Minutes 672 7 OHSUSA:764324655.2 “Original Bonds” means the County of Contra Costa Variable Rate Multifamily Housing Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H. “Original Indenture” means the Trust Indenture, dated as of October 1, 1999, between the Issuer and the Trustee. “Outstanding” when used with respect to the Bonds or “Bonds Outstanding” means, as of any date, all Bonds that have been duly authenticated and delivered by the Trustee under this Indenture, except: (a) Bonds surrendered and replaced upon exchange or transfer, or cancelled because of payment or redemption, at or prior to such date; (b) Bonds for the payment, redemption or purchase for cancellation of which sufficient money has been deposited prior to such date with the Trustee (whether upon or prior to the maturity, amortization or redemption date of any such Bonds), or which are deemed to have been paid and discharged pursuant to the provisions of Section 9.01 hereof; provided that if such Bonds are to be redeemed prior to the maturity thereof, other than by scheduled amortization, notice of such redemption shall have been given or arrangements satisfactory to the Trustee shall have been made therefor, or waiver of such notice satisfactory in form to the Trustee shall have been filed with the Trustee; (c) Bonds authorized but not yet drawn-down and delivered to the Bond Purchaser; and (d) Bonds in lieu of which others have been authenticated (or payment, when due, of which is made without replacement) under Section 2.06 hereof. “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a joint venture, a trust, an unincorporated association, a limited liability company or a government or any agency or political subdivision thereof, or any other organization or entity (whether governmental or private). “Prepayment Premium” means the amount determined in accordance with the Prepayment Premium Schedule attached as Exhibit C. “Principal Office of the Trustee” means the office of the Trustee referenced in Section 11.05(a) hereof, or such other office or offices as the Trustee may designate in writing from time to time, or the office of any successor Trustee where it principally conducts its business of serving as trustee under indentures pursuant to which municipal or governmental obligations are issued. “Project” means the 280-unit apartment complex known as Mira Vista Hills Apartments located in the City of Antioch, California. “Property Expenses” shall mean, for any period, all debt service, including interest expense and the amortization of all principal under the Senior Loan for such period and the current expenses, paid or accrued, of operation, maintenance and current repair of the Project, as February 9, 2016 Official Minutes 673 8 OHSUSA:764324655.2 calculated in accordance with generally accepted accounting principles, consistently applied, and shall include, without limiting the generality of the foregoing, salaries, wages, employee benefits, cost of materials and supplies, costs of routine repairs, renewals, replacements and alterations occurring in the usual course of business, costs and expenses properly designated as capital expenditures (e.g. repairs which would not be payable from amounts on deposit in a repair and replacement fund held pursuant to the Senior Loan Documents), a management fee (however characterized) not to exceed 4% of Gross Revenues, costs of billings and collections, costs of insurance, asset management fees and costs of audits. Property Expenses shall not include any payments, however characterized, on account of the Bonds or any other subordinate financing in respect of the Property or other indebtedness, allowance for depreciation, amortization or other non-cash items, gains and losses or prepaid expenses not customarily prepaid. “Qualified Investments” means any of the following if and to the extent permitted by law: (a) direct and general obligations of the United States of America; (b) obligations of any agency or instrumentality of the United States of America the payment of the principal of and interest on which are unconditionally guaranteed by the full faith and credit of the United States of America; (c) [Reserved]; (d) [Reserved]; (e) demand deposits or time deposits with, or certificates of deposit issued by, the Trustee or its affiliates or any bank organized under the laws of the United States of America or any state or the District of Columbia which has combined capital, surplus and undivided profits of not less than $50,000,000; provided that the Trustee or such other institution has been rated at least “VMIG-1”/“A-2+” by Moody’s/S&P or which deposits or certificates are fully insured by the Federal Deposit Insurance Corporation or collateralized pursuant to the requirements of the Office of the Comptroller of the Currency; (f) investment agreements with Freddie Mac or a bank or any insurance company or other financial institution which has a rating assigned by Moody’s/S&P to its outstanding long-term unsecured debt which is the highest rating (as defined below) for long-term unsecured debt obligations assigned by Moody’s/S&P, and which are approved by the Bondholder Representative; or (g) any other investments approved in writing by the Bondholder Representative. For purposes of this definition, the “highest rating” shall mean a rating of at least “VMIG-1”/“A-1+” for obligations with less than one year maturity; at least “Aaa”/“VMIG-1”/“AAA”/“A-1+” for obligations with a maturity of one year or greater but less than three years; and at least “Aaa”/“AAA” for obligations with a maturity of three years or greater. Qualified Investments must be limited to instruments that have a predetermined fixed-dollar amount of principal due at maturity that cannot vary or change and interest, if tied to an index, shall be tied to a single interest rate index plus a single fixed spread, if any, and move proportionately with such index. “Rebate Analyst” means a certified public accountant, financial analyst or bond counsel, or any firm of the foregoing, or financial institution (which may include the Trustee) experienced in making the arbitrage and rebate calculations required pursuant to Section 148 of the Code, selected and retained by the Borrower at the expense of the Borrower, with the prior written consent of the Issuer, to make the computations required under this Indenture and the Financing Agreement. “Rebate Fund” means the Rebate Fund established by the Trustee pursuant to Section 4.01 hereof. February 9, 2016 Official Minutes 674 9 OHSUSA:764324655.2 “Record Date” means the 1st day of the month in which any Bond Payment Date falls. “Redemption Fund” means the Redemption Fund established by the Trustee pursuant to Section 4.01 hereof. “Regulatory Agreement” means the Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants, dated as of October 1, 1999, among the Issuer, the Trustee and Delta Square-Oxford Limited Partnership (the obligations under which have been assigned to and assumed by the Borrower), relating to the Project, as the same may be amended, modified or supplemented from time to time. “Responsible Officer” means any officer of the Trustee employed within or otherwise having regular responsibility in connection with the corporate trust department of the Trustee and the trusts created hereunder. “Revenue Fund” means the Revenue Fund established by the Trustee pursuant to Section 4.01 hereof. “Revenues” means (a) all payments made with respect to the Loan pursuant to the Financing Agreement, the Note or the Mortgage, including all casualty or other insurance benefits and condemnation awards paid in connection therewith and (b) all money and securities held by the Trustee in the funds and accounts established pursuant to this Indenture (excluding money or securities in the Rebate Fund), together with all investment earnings thereon. Senior Borrower Note” means the $31,320,000 Multifamily Note dated as of September 15, 2015 from Borrower to the Senior Lender to evidence its indebtedness under the Senior Loan or any replacement note evidencing an indebtedness under a Senior Loan. “Senior Lender” means Citibank, N.A. or any lender providing any replacement senior loan facility approved by the Bondholder Representative in its sole discretion. “Senior Loan” means the mortgage loan in the original principal amount of $31,320,000 by the Senior Lender to the Borrower, or any replacement senior loan facility approved by the Bondholder Representative in its sole discretion. “Senior Loan Documents” means the documents related to the Senior Loan, including the Senior Borrower Note, the Senior Mortgage and any and all other documents, agreements, or instruments which evidence or secure the indebtedness evidenced by the Senior Borrower Note, or all documents related to any replacement senior loan facility approved by the Bondholder Representative in its sole discretion. “Senior Mortgage” means the first-lien priority Multifamily Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of September 15, 2015 from Borrower for the benefit of the Senior Lender to secure the repayment of the Senior Borrower Note. “Senior Obligations” means and includes, collectively, and without limitation, each of the following: (a) all debt service payments (including, but not limited to, interest and principal, February 9, 2016 Official Minutes 675 10 OHSUSA:764324655.2 whether at maturity or by mandatory sinking fund payments, redemption, acceleration or otherwise) on the Senior Loan, (b) all obligations of the Borrower under the Senior Loan Documents, and (c) all obligations in respect of all Property Expenses. “State” means the State of California. “Tax Certificate” shall mean the Tax Certificate and Agreement, dated the Closing Date, executed and delivered by the Issuer and the Borrower. “Trustee” means U.S. Bank National Association and its successors hereunder. “Trust Estate” shall have the meaning given to that term in the Granting Clauses. “Unassigned Rights” means all of the rights of the Issuer and its officers, supervisors, elected officials, attorneys, accountants, employees, agents and consultants to be held harmless and indemnified, to be paid its fees and expenses, to give or withhold consent to amendments, changes, modifications and alterations, to receive notices and the right to enforce such rights. Section 1.02 Interpretation. The words “hereof,” “herein,” “hereunder,” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or other subdivision. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as in effect from time to time. References to Articles, Sections, and other subdivisions of this Indenture are to the designated Articles, Sections and other subdivisions of this Indenture as originally executed. The headings of this Indenture are for convenience only and shall not define or limit the provisions hereof. ARTICLE II THE BONDS Section 2.01 The Bonds. (a) The Original Bonds were issued on the Issue Date pursuant to the Original Indenture in the aggregate principal amount of $12,100,000. The Bonds are hereby authorized to be re-designated “County of Contra Costa Multifamily Housing Refunding Revenue Bonds (Mira Vista Hills Apartments Project) 1999 Series H.” The Bonds are Outstanding on the Amendment Date in the aggregate principal amount of $10,655,000. The Bonds shall be fully registered as to principal and interest, without coupons, and shall be numbered in the manner and with any additional designation as the Trustee, as Bond Registrar, deems necessary for the purpose of identification. All of the Bonds are equally and ratably secured. The Bonds shall be dated the Issue Date. The Bonds shall be due and payable in full on the Maturity Date. (b) Interest on the Bonds shall be computed on the basis of a 360-day year consisting of twelve 30-day months. Interest on the Bonds shall be payable on each Bond Payment Date to the registered holder thereof on the Record Date. February 9, 2016 Official Minutes 676 11 OHSUSA:764324655.2 (c) The Bonds shall be issued in Authorized Denominations and shall bear interest payable on each Bond Payment Date at the Bond Rate. Payment of the principal of and interest on the Bonds shall be payable on each Bond Payment Date, as to principal and interest, solely from available Revenues received by the Trustee pursuant to the provisions of the Note and the Financing Agreement; provided, however, such payments shall be first applied to the payment of the interest on the Bonds due and payable on such Bond Payment Date. Unpaid principal of and interest on the Bonds, and other overdue amounts under this Indenture, shall accrue interest at the Bond Rate. (d) The Person in whose name any Bond is registered on the Record Date with respect to an Bond Payment Date shall be entitled to receive the interest payable on such Bond Payment Date (unless such Bond has been called for redemption on a redemption date which is prior to such Bond Payment Date) notwithstanding the cancellation of such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Bond Payment Date; provided, however, that if and to the extent the Issuer shall default in the payment of the interest due on any Bond Payment Date, such defaulted interest shall be paid as provided in the next paragraph. (e) No Bonds may be issued under the provisions of this Indenture except in accordance with this Article. The total principal amount of Bonds that may be Outstanding hereunder from and after the Amendment Date, or in substitution for other Bonds pursuant to Section 2.06 hereof, is expressly limited to $10,655,000. Section 2.02 Limited Obligations. THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM THE TRUST ESTATE AND OTHER SOURCES PROVIDED THEREFOR IN THE INDENTURE. THE BONDS ARE NOT A DEBT OF THE ISSUER, THE STATE OF CALIFORNIA OR ANY POLITICAL SUBDIVISION THEREOF. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF CALIFORNIA OR THE ISSUER IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THE BONDS. The Issuer shall not be liable for payment of the principal of, redemption price or interest on the Bonds or any other costs, expenses, losses, damages, claims or actions of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Indenture, the Bonds or any other documents, except only to the extent amounts are received for the payment thereof from the Borrower under the Financing Agreement. No recourse shall be had for the payment of the principal of, or interest on any Bond or for any claim based thereon or upon any obligation, covenant or agreement in this Indenture contained, against, the Issuer, any past, present or future member of its governing body, its officers, attorneys, accountants, financial advisors, agents or staff or the officers, attorneys, accountants, financial advisors, agents or staff of any successor public entity, as such, either directly or through the Issuer or any successor public entity, under any rule of law or penalty or otherwise, and all such liability of the Issuer, any member of its governing body and its officers, attorneys, accountants, financial advisors, agents and staff is hereby, and by the acceptance of the Bonds, expressly waived and released as a condition of, and in consideration for, the execution of this Indenture and the issuance of the Bonds. February 9, 2016 Official Minutes 677 12 OHSUSA:764324655.2 It is recognized that notwithstanding any other provision of this Indenture, neither the Borrower, the Trustee nor any Bondholder shall look to the Issuer for damages suffered by the Borrower, the Trustee or such Bondholder as a result of the failure of the Issuer to perform any covenant, undertaking or obligation under this Indenture, the Financing Agreement, the Bonds or any of the other documents referred to herein, or as a result of the incorrectness of any representation made by the Issuer in any of such documents, nor for any other reason. Although this Indenture recognizes that such documents shall not give rise to any pecuniary liability of the Issuer, nothing contained in this Indenture shall be construed to preclude in any way any action or proceeding (other than that element of any action or proceeding involving a claim for monetary damages against the Issuer) in any court or before any governmental body, agency or instrumentality or otherwise against the Issuer or any of its officers or employees to enforce the provisions of any of such documents which the Issuer is obligated to perform and the performance of which the Issuer has not assigned to the Trustee or any other person; provided, however, that as a condition precedent to the Issuer proceeding pursuant to this Section 2.02, the Issuer shall have received satisfactory indemnification. Section 2.03 Indenture Constitutes Contract. In consideration of the purchase and acceptance of the Bonds issued hereunder by those who shall hold them from time to time, the provisions of this Indenture shall be part of the contract of the Issuer with the Holders of the Bonds and shall be deemed to be a contract between the Issuer and the Holders of the Bonds from time to time. Section 2.04 Form and Execution. The Bonds shall be in substantially the form attached as Exhibit A, with necessary and appropriate variations, omissions and insertions as are customary, permitted or required by this Indenture. The Bonds shall be executed on behalf of the Issuer by the manual or facsimile signature of any Authorized Officer. Any facsimile signature shall have the same force and effect as if said officer had manually signed the Bonds. In case any officer of the Issuer whose manual or facsimile signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery, and also any Bond may bear the facsimile signatures of, or may be signed by, such Persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond although at the date of such Bond such Persons may not have been such officers. Section 2.05 Authentication. No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Indenture unless a certificate of authentication on such Bond, substantially in the form set forth in Exhibit A, shall have been duly executed by an Authorized Officer of the Trustee; and such executed certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been duly executed, registered, authenticated and delivered under this Indenture. It shall not be necessary that the same Person sign the certificate of authentication on all of the Bonds. Section 2.06 Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen or destroyed, the Issuer shall execute and the Trustee shall authenticate a new Bond of like denomination, interest rate, series, maturity and tenor in exchange and February 9, 2016 Official Minutes 678 13 OHSUSA:764324655.2 substitution for and upon cancellation of such mutilated Bond or in lieu of and in substitution for such lost, stolen or destroyed Bond, upon payment by the Owner thereof of any applicable tax or governmental charge and the reasonable expenses and charges of the Issuer and the Trustee in connection therewith, and in the case of a Bond lost, stolen or destroyed, the filing with the Trustee of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and furnishing the Issuer and the Trustee with indemnity satisfactory to each of them. In the event any such Bond shall have matured, instead of issuing a duplicate Bond or Bonds the Issuer may pay the same without surrender thereof. Section 2.07 Transfer and Exchange of Bonds; Persons Treated as Owners; Restrictions on Transfer. The Trustee as Bond Registrar shall cause a Bond Register to be kept for the registration of transfers of Bonds. Any Bond may be transferred only upon an assignment duly executed by the registered Owner or such registered Owner’s duly authorized representative in such form as shall be satisfactory to the Bond Registrar and upon surrender of such Bond to the Trustee for cancellation. Whenever any Bond or Bonds shall be surrendered for transfer, the Issuer shall execute and the Trustee shall authenticate and deliver to the transferee a replacement fully registered Bond or Bonds, of Authorized Denomination or Denominations and for the amount of such Bond or Bonds so surrendered. Any Bond may, in accordance with its terms, be exchanged, at the office of the Trustee, for a new fully registered Bond or Bonds, of the same maturity, of any Authorized Denomination or Denominations and for the aggregate amount of such Bond then Outstanding. In all cases in which Bonds shall be transferred or exchanged hereunder, the Trustee may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. The cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any transfer or exchange shall be paid by the Bond Owners. The Person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of or on account of the principal of and interest on any such Bond shall be made only to or upon the order of the registered Owner thereof, or such registered Owner’s legal representative, and neither the Issuer nor the Trustee shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums to be paid. Neither the Issuer nor the Trustee shall be required to make any such exchange, registration or transfer of Bonds during the period of fifteen (15) days immediately preceding an Bond Payment Date or, in the case of any proposed redemption of Bonds, during the period of fifteen (15) days immediately preceding the selection of Bonds for such redemption and after the giving of notice of redemption, the Trustee is not required to transfer or exchange any Bond or portion thereof which has been called for redemption. Restrictions on Transfer. The following shall apply to all sales and transfers of the Bonds after the applicable initial sale and delivery of the Bonds: February 9, 2016 Official Minutes 679 14 OHSUSA:764324655.2 (a) The Bonds, in the form attached hereto as Exhibit A, shall be physical certificated instruments, and shall not be held in a book-entry only system unless approved in advance by the Issuer; (b) The Bonds shall be sold in Authorized Denominations; (c) The Bonds shall only be sold and subsequently transferred to an Accredited Investor, with such Accredited Investor executing and delivering an Investor Letter in the form attached as Exhibit B hereto; and (d) The Trustee shall not authenticate or register a Bond unless it has received a certificate from the Issuer stating that the conditions of this Section 2.07 have been satisfied and there shall have been delivered to the Trustee an Investor Letter executed by the transferee of the Bonds; Section 2.08 Temporary Bonds. Until definitive Bonds are ready for delivery, there may be executed, and upon the request of the Issuer the Trustee shall authenticate and deliver, in lieu of definitive Bonds temporary printed, typewritten, engraved or lithographed Bonds, in such denomination or denominations as shall be determined by the Issuer, in fully registered form, in substantially the form hereinabove set forth and with such appropriate omissions, insertions and variations as may be required. If temporary Bonds shall be issued, the Issuer shall cause the definitive Bonds to be prepared and to be executed and delivered to the Trustee, and the Trustee, upon presentation to it, at the Principal Office of the Trustee, of any temporary Bond shall cancel the same and authenticate and deliver in exchange therefor, without charge to the Owner thereof, a definitive Bond or Bonds, as the case may be, of an equal aggregate principal amount, of the same maturities and bearing interest at the same rates as the temporary Bond surrendered. Until so exchanged the temporary Bonds shall in all respects be entitled to the same benefit and security of this Indenture as the definitive Bonds to be issued and authenticated hereunder. Interest on temporary Bonds, when due and payable, if the definitive Bonds shall not be ready for exchange, shall be paid on presentation of such temporary Bonds and notation of such payment shall be endorsed thereon by the Trustee. Section 2.09 Delivery of Bonds. Upon the execution and delivery of this Indenture, the Issuer shall execute and deliver to the Trustee, and the Trustee shall authenticate the Bonds and deliver them to or upon the order of the Issuer. Section 2.10 [Reserved] Section 2.11 Subordination. This Indenture and the Financing Agreement are and at all times shall be subject and subordinate in all respects to the terms, provisions, conditions, covenants, liens and security interests of the Senior Loan Documents. Correspondingly, payment of the indebtedness evidenced by the Bonds is and shall be subject and subordinate in all respects to the prior payment in full of all amounts due and payable in respect of the Senior Loan and the Senior Loan Documents. Accordingly, the Bondholders expressly subject and subordinate all of their right, February 9, 2016 Official Minutes 680 15 OHSUSA:764324655.2 title and interest in and to the Bonds in all respects to the payment in full of the Senior Loan. In addition, notwithstanding anything contained in this Indenture, the Financing Agreement, the Note or the Mortgage to the contrary, the Issuer and the Trustee agree, and the Bondholders by their acceptance of the Bonds agree, that: (a) the sole source of funds available to the Issuer for the purpose of paying the principal of, and interest on, the Bonds, including scheduled sinking fund payments, if any, shall be the Revenues; (b) the Note is payable solely from, and only to the extent of, the Revenues; provided, however, nothing herein shall prohibit Borrower from making payments on the Note from Borrower funds other than Revenues; (c) payments of the principal of, and interest on, the Note shall be made only after all current and past due Senior Obligations have been paid in full; (d) the sole security for the Loan and the Note shall be the Mortgage; (e) the obligation of the Borrower to repay the Loan is and shall be subject and subordinate in all respects to the obligations of the Borrower to pay all amounts due in respect of the Senior Obligations, whether under the Senior Documents or otherwise; (f) so long as any amounts are currently due and owning in respect of the Senior Obligations, whether under the Senior Documents or otherwise, the Trustee shall not be entitled to (1) make any payment in respect of the Bonds, (2) accelerate the Note or (3) foreclose on the Mortgage notwithstanding (a) any arrearages in the payments of any amounts due and owing under or with respect to the Bonds or (b) any default in respect of the Bonds, the Note, the Mortgage or the Loan except as consented to in writing by the Senior Lenders; and (g) unpaid principal and interest on the Bonds resulting from insufficient Revenues may accrue and shall be payable after such accrual, provided that such principal and interest shall be payable solely from, and only to the extent of, Revenues, provided further that payment of such principal and interest is and shall remain subject and subordinate to the Senior Obligations. Failure to make any payment in respect of the Bonds or otherwise under this Indenture due to insufficient Revenues shall not constitute an Event of Default under (and as defined in) this Indenture. The Trustee shall not, after the Trustee receives a notice of default or otherwise acquires knowledge of a default or an Event of Default or potential default by the Borrower with respect to the Senior Loan or under any Senior Loan Documents, make any payments in respect of the Bonds unless and until such default or Event of Default or potential default has been cured or waived by the Senior Lender. The parties to this Indenture acknowledge that the terms of this Indenture are in all respects subject to the Senior Loan Documents. February 9, 2016 Official Minutes 681 16 OHSUSA:764324655.2 ARTICLE III REDEMPTION OF BONDS PRIOR TO MATURITY Section 3.01 Redemption of Bonds Prior to Maturity. The Bonds are subject to redemption upon the circumstances, on the dates and at the prices set forth as follows: (a) The Bonds shall be subject to mandatory redemption in whole or in part, on a pro rata basis, except as otherwise provided herein, on the next Bond Payment Date for which notice of redemption can timely be given, at a redemption price equal to the principal amount of Bonds to be redeemed plus interest accrued thereon to the date fixed for redemption upon prepayment of the Loan in whole or in part following a casualty to or condemnation of the Project. (b) The Bonds shall be subject to mandatory redemption in whole on the next date for which notice of redemption can timely be given at a redemption price equal to the principal amount of the Bonds to be redeemed plus interest accrued thereon to the date fixed for redemption upon acceleration of the Loan in whole following an Event of Default under Article VII of the Financing Agreement. (c) Except as otherwise provided in this Article III, the Bonds are subject to optional or mandatory redemption in whole or in part on any Business Day for which notice of redemption can timely be given, in the event and to the extent that the Loan is prepaid pursuant to the Note as set forth in Section 4.4 of the Financing Agreement, at a redemption price equal to the principal amount of the Bonds to be redeemed plus the Prepayment Premium, plus accrued interest to the redemption date. (d) The Bonds shall be subject to mandatory redemption in part from mandatory sinking fund payments on January 15, April 15, July 15, and October 15 of each year commencing April 15, 2021, on the dates and at a redemption price equal to the principal amount to be redeemed plus accrued interest thereon to the date fixed for redemption, as set forth in Exhibit E hereto. Section 3.02 Selection of Bonds for Redemption. (a) The Trustee shall select Bonds subject to mandatory sinking fund redemption pursuant to Section 3.01(d) hereof by lot within the appropriate maturity. If less than all the Bonds then Outstanding shall be called for redemption other than as a result of mandatory sinking fund redemption pursuant to Section 3.01(d) hereof, the Trustee shall redeem an amount of Bonds so that the resulting decrease in debt service on the Bonds in each semiannual period ending on an Bond Payment Date is proportional, as nearly as practicable, to the decrease in the payments on the Note in each such semiannual period, and the Bonds shall be selected by lot within each maturity, the cost of such selection being at the Borrower’s expense. In the event of a partial redemption of Bonds, pursuant to Section 3.01(a) or 3.01(c), the Trustee shall redeem such Bonds and request from the Borrower a revised Exhibit E showing adjusted principal amortization of the Bonds following such partial redemption. (b) Bonds shall be redeemed pursuant to this Article III in a manner consistent with the definition of Authorized Denominations (i.e. each Bond shall remain at all times Outstanding in February 9, 2016 Official Minutes 682 17 OHSUSA:764324655.2 an amount of at least $100,000 until the total amount Outstanding is less than $100,000, at which point the principal amount of such Bond may be reduced below $100,000 in increments of one dollar or more). Section 3.03 Notice of Redemption. Notice of the intended redemption of each Bond shall be given by the Trustee by first class mail, postage prepaid, or by facsimile transmission, to the registered Owner at the address of such Owner shown on the Bond Register. All such redemption notices shall be given not less than ten (10) days prior to the date fixed for redemption. The Trustee may provide a conditional notice of redemption. Notices of redemption shall state the redemption date and the redemption price, the place or places where amounts due upon such redemption will be payable, and, if less than all of the then Outstanding Bonds of each Series are called for redemption, shall state (i) the numbers of the Bonds to be redeemed by giving the individual certificate number of each Bond to be redeemed or shall state that all Bonds between two stated certificate numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption only if bonds cease to be book entry-bonds; (ii) the Maturity Date of each Bond being redeemed; (iii) the conditions, if any, which must be satisfied in order for the redemption to take place on the scheduled date of redemption, and (iv) any other descriptive information needed to identify accurately the Bonds being redeemed. Failure to give notice by mailing to the registered Owner of any Bond designated for redemption or to any depository or information service shall not affect the validity of the proceedings for the redemption of any other Bond if notice of such redemption shall have been mailed as herein provided. Section 3.04 Effect of Notice of Redemption. If a conditional notice of redemption has been provided pursuant to the terms of this Indenture and the conditions are not satisfied, such notice of redemption shall be of no force and effect and the Bondholders shall be restored to their former positions as though no such notice of redemption had been delivered. Notice of redemption having been given in the manner provided in this Article III and if either there were no conditions to such redemption or the conditions have been satisfied (or in the event no such notice is required under Section 3.03), and money for the redemption being held by the Trustee for that purpose, thereupon the Bonds so called for redemption shall become due and payable on the redemption date, and interest thereon shall cease to accrue on such date; and such Bonds shall thereafter no longer be entitled to any security or benefit under this Indenture except to receive payment of the redemption price thereof. February 9, 2016 Official Minutes 683 18 OHSUSA:764324655.2 ARTICLE IV REVENUES AND FUNDS Section 4.01 Pledge of Revenues and Assets; Establishment of Funds. The pledge and assignment of and the security interest granted in the Trust Estate pursuant to the Granting Clauses hereof shall attach, be perfected and be valid and binding from and after the time of the delivery of the Bonds by the Trustee or by any Person authorized by the Trustee to deliver the Bonds. The Trust Estate so pledged and then or thereafter received by the Trustee shall immediately be subject to the lien of such pledge and security interest without any physical delivery thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in tort, contract or otherwise against the Issuer irrespective of whether such parties have notice thereof. The Trustee shall establish, maintain and hold in trust the following funds and accounts, each of which is hereby established and each of which shall be disbursed and applied only as herein authorized: (a) Revenue Fund; (b) Bond Fund; (c) Redemption Fund; and (d) Rebate Fund. The funds and accounts established pursuant to this Section 4.01 shall be maintained in the corporate trust department of the Trustee as segregated trust accounts, separate and identifiable from all other funds held by the Trustee. The funds and accounts established hereunder shall bear a designation clearly indicating that the funds deposited therein are held for the benefit of (i) the Holders of the Bonds, respecting the Revenue Fund, the Bond Fund and the Redemption Fund, and (ii) the Borrower, respecting the Rebate Fund. The Trustee shall, at the written direction of an Authorized Officer of the Issuer, and may, in its discretion, establish such additional accounts within any Fund, and subaccounts within any of the accounts, as the Issuer or the Trustee may deem necessary or useful for the purpose of identifying more precisely the sources of payments into and disbursements from that Fund and its accounts, or for the purpose of complying with the requirements of the Code relating to arbitrage, but the establishment of any such account or subaccount shall not alter or modify any of the requirements of this Series Indenture with respect to a deposit or use of money in the funds established hereunder, or result in commingling of funds not permitted hereunder. Section 4.02 [Reserved] Section 4.03 Application of Revenues. (a) All Revenues shall be deposited by the Trustee, promptly upon receipt thereof, to the Revenue Fund, except (i) the proceeds of the Bonds received by the Trustee on the Closing Date, which shall be applied in accordance with the provisions of Section 2.10 hereof; (ii) as February 9, 2016 Official Minutes 684 19 OHSUSA:764324655.2 otherwise specifically provided in subsection (c) of this Section 4.03 with respect to certain deposits into the Redemption Fund; (iii) with respect to investment earnings to the extent required under the terms hereof to be retained in the funds and accounts to which they are attributable; and (iv) with respect to amounts required to be transferred between funds and accounts as provided in this Article IV. (b) On each Bond Payment Date or any other date on which payment of principal of or interest on the Bonds becomes due and payable, the Trustee, Revenues available for such purpose, shall credit the following amounts to the following funds, but in the order and within the limitations hereinafter indicated with respect thereto, as follows: FIRST: to the Bond Fund, an amount equal to the principal of and interest due on the Bonds on such date; and SECOND: to the Redemption Fund, an amount equal to the principal amount due and payable on the Bonds with respect to mandatory sinking fund redemption or the maturity of any Bond on such date; and (c) Promptly upon receipt, the Trustee shall deposit directly to the Redemption Fund (i) Net Proceeds representing casualty insurance proceeds or condemnation awards paid as a prepayment of the Loan, after reimbursement of any and all amounts owed to the Bondholder Representative and (ii) amounts paid to the Trustee to be applied to the redemption of all or a portion of the Bonds pursuant to Article III hereof. (d) Should the amount in the Bond Fund be insufficient to pay the amount due on the Bonds on any given Bond Payment Date or other payment date, the Trustee shall credit to the Bond Fund the amount of such deficiency by charging the following funds and accounts in the following order of priority: (1) the Revenue Fund; and (2) the Redemption Fund, except no such charge to the Redemption Fund shall be made from money to be used to effect a redemption for which notice of redemption has been provided for or from money which are held for payment of Bonds which are no longer Outstanding hereunder. Section 4.04 Application of Bond Fund. The Trustee shall charge the Bond Fund, on each Bond Payment Date, an amount equal to the unpaid interest and principal due on the Bonds on such Bond Payment Date, and shall cause the same to be applied to the payment of such interest and principal when due. Any money remaining in the Bond Fund on any Bond Payment Date after application as provided in the preceding sentence may, to the extent there shall exist any deficiency in the Redemption Fund to redeem Bonds called for mandatory sinking fund redemption on such Bond Payment Date, be transferred to the Redemption Fund to be applied for such purpose. Income realized from the investment or deposit of money in the Bond Fund shall be deposited by the Trustee upon receipt thereof in the Revenue Fund. No amount shall be charged against the Bond Fund except as expressly provided in this Article IV and in Section 6.05. February 9, 2016 Official Minutes 685 20 OHSUSA:764324655.2 Section 4.05 Application of Redemption Fund. Any money credited to the Redemption Fund shall be applied as set forth in Article IV hereof. On or before each Bond Payment Date, the income realized from the investment of money in the Redemption Fund shall be credited by the Trustee to the Revenue Fund. No amount shall be charged against the Redemption Fund except as expressly provided in this Article IV and in Section 6.05. Section 4.06 [Reserved] Section 4.07 [Reserved] Section 4.08 Investment of Funds. The money held by the Trustee shall constitute trust funds for the purposes hereof. Any money attributable to each of the funds and accounts hereunder shall be, except as otherwise expressly provided herein, invested by the Trustee, at the written direction of the Borrower in Qualified Investments (or, in the case of the Rebate Fund, at the written instruction of Bond Counsel pursuant to Section 5.05(b). The Trustee may purchase from or sell to itself or an affiliate, as principal or agent, securities herein authorized. The Trustee shall be entitled to assume, absent receipt by the Trustee of written notice to the contrary, that any investment which at the time of purchase in a Qualified Investment remains a Qualified Investment thereafter. Qualified Investments representing an investment of money attributable to any fund or account shall be deemed at all times to be a part of said fund or account, and, except as otherwise may be provided expressly in other Sections hereof, the interest thereon and any profit arising on the sale thereof shall be credited to the Revenue Fund, and any loss resulting on the sale thereof shall be charged against the Revenue Fund. Such investments shall be sold at the best price obtainable (at least par) whenever it shall be necessary so to do in order to provide money to make any transfer, withdrawal, payment or disbursement from said fund or account. In the case of any required transfer of money to another such fund or account, such investments may be transferred to that fund or account in lieu of the required money if permitted hereby as an investment of money in that fund or account. The Trustee shall not be liable or responsible for any loss resulting from any investment made in accordance herewith. The Issuer acknowledges that to the extent that regulations of the Comptroller of the Currency or other applicable regulatory agency grant the Issuer the right to receive brokerage confirmations of the security transactions as they occur. To the extent permitted by law, the Issuer specifically waives compliance with 12 C.F.R. 12 and hereby notifies the Trustee hereunder, that no brokerage confirmations need be sent relating to the security transactions as they occur. Section 4.09 Money Held for Particular Bonds; Funds Held in Trust. The amounts held by the Trustee for the payment of the interest, principal or redemption price due on any date with respect to particular Bonds pending such payment, shall be set aside and held in trust by it for the Holders of the Bonds entitled thereto, and for the purposes hereof such interest, principal or redemption price, after the due date thereof, shall no longer be considered to be unpaid. February 9, 2016 Official Minutes 686 21 OHSUSA:764324655.2 All money held by the Trustee for such purpose at any time pursuant to the terms of this Indenture shall be and hereby are assigned, transferred and set over unto the Trustee in trust for the purposes and under the terms and conditions of this Indenture. Section 4.10 Accounting Records. The Trustee shall maintain accurate books and records for all funds and accounts established hereunder and provide monthly statements (or other electronic access as agreed to by the parties) of such funds and accounts to the Issuer and the Borrower on a monthly basis. Section 4.11 Amounts Remaining in Funds. After full payment of the Bonds (or provision for payment thereof having been made in accordance with Section 9.01 hereof) and full payment of the fees, charges and expenses of the Issuer and the Trustee and other amounts required to be paid hereunder other than the Rebate Fund or under any Loan Document, any amounts remaining in any fund or account hereunder shall be paid to the Borrower. Section 4.12 [Reserved] Section 4.13 Rebate Fund; Compliance With Tax Certificate. The Trustee shall establish the Rebate Fund, and hold and apply the Rebate Fund as provided in this Section. On any date on which any amounts are required by applicable federal tax law to be rebated to the federal government, amounts shall be deposited into the Rebate Fund by the Borrower for such purpose. All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust, to the extent required to satisfy the rebate requirement (as set forth in the Tax Certificate) and as calculated by the Rebate Analyst, for payment to the United States Government, and neither the Issuer, the Borrower, nor the Bondholders shall have any rights in or claim to such money. All amounts deposited into or on deposit in the Rebate Fund shall be governed by this Section and by the Tax Certificate. The Trustee shall conclusively be deemed to have complied with such provisions if it follows the written instructions of the Issuer or the Rebate Analyst, including supplying all necessary information in the manner set forth in the Tax Certificate, and shall not be required to take any actions under the Tax Certificate in the absence of written instructions from the Issuer or the Rebate Analyst. Within 55 days of the end of each fifth Bond Year, the Borrower shall cause the Rebate Analyst to calculate the amount of rebatable arbitrage, in accordance with Section 148(f)(2) of the Code and Section 1.148 3 of the Treasury Regulations (taking into account any exceptions with respect to the computation of the rebatable arbitrage, described, if applicable, in the Tax Certificate (e.g., the temporary investments exceptions of Section 148(f)(4)(B) and (C) of the Code)), for this purpose treating the last day of the applicable Bond Year as a (computation) date, within the meaning of Section 1.148 1(b) of the Treasury Regulations (the “Rebatable Arbitrage”). Pursuant to Section 2.4 of the Financing Agreement, the Borrower shall cause the Rebate Analyst to provide such calculations to the Trustee and the Issuer. In the event that the Borrower fails to provide such information to the Trustee and the Issuer within 55 days of the end of each fifth Bond Year, the Trustee, at the expense of the Borrower, shall select the Rebate Analyst, with the prior written approval of the Issuer, and shall cause the Rebate Analyst to calculate the amount of rebatable arbitrage as required herein. Within 55 days of the end of each fifth Bond Year, upon the written direction of the February 9, 2016 Official Minutes 687 22 OHSUSA:764324655.2 Issuer or the Rebate Analyst, an amount shall be deposited to the Rebate Fund by the Trustee from amounts provided by the Borrower, if and to the extent required so that the balance in the Rebate Fund shall equal the amount of Rebatable Arbitrage so calculated in accordance with the preceding paragraph. The Trustee shall pay, as directed by the Issuer or the Rebate Analyst, to the United States Department of the Treasury, out of amounts in the Rebate Fund: (i) Not later than 60 days after the end of (A) the fifth Bond Year, and (B) each applicable fifth Bond Year thereafter, an amount equal to at least 90% of the Rebatable Arbitrage calculated as of the end of such Bond Year; and (ii) Not later than 60 days after the payment of all the Bonds, an amount equal to 100% of the Rebatable Arbitrage calculated as of the end of such applicable Bond Year, and any income attributable to the Rebatable Arbitrage, computed in accordance with Section 148(f) of the Code. Each payment required to be made under this Section shall be made to the Internal Revenue Service Center, Ogden, Utah 84201 (or such other address provided in such direction), on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038 T, which shall be prepared by the Rebate Analyst and provided to the Trustee. Notwithstanding any provision of this Indenture to the contrary, the obligation to remit payment of the Rebatable Arbitrage to the United States and to comply with all other requirements of this Section 4.13, Section 2.4 of the Financing Agreement and the requirements of the Tax Certificate shall survive the defeasance or payment in full of the Bonds. Any funds remaining in the Rebate Fund after redemption and payment of all of the Bonds and payment and satisfaction of any Rebate Requirement, or provision made therefor satisfactory to the Trustee, shall be withdrawn and remitted to the Borrower. The Trustee shall obtain and keep such records of the computations made pursuant to this Section 4.13 as are required under Section 148(f) of the Code to the extent furnished to the Trustee. The Borrower shall or shall cause the Rebate Analyst to provide to the Issuer and the Trustee copies of all rebate computations made pursuant to this Section 4.13. The Trustee shall keep and make available to the Borrower such records concerning the investments of the gross proceeds of the Bonds and the investments of earnings from those investments made by the Trustee as may be requested by the Borrower in order to enable the Borrower to cause the Rebate Analyst to make the aforesaid computations as are required under Section 148(f) of the Code. Notwithstanding the foregoing, the computations and payments of Rebatable Arbitrage need not be made to the extent that neither the Issuer nor the Borrower will thereby fail to comply with any requirements of Section 148(f) of the Code based on an opinion of Bond Counsel, to the effect that such failure will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds, a copy of which shall be provided to the Trustee, at the expense of the Borrower. February 9, 2016 Official Minutes 688 23 OHSUSA:764324655.2 ARTICLE V GENERAL COVENANTS AND REPRESENTATIONS Section 5.01 Payment of Principal and Interest. The Issuer covenants that it will promptly pay or cause to be paid, but only from the sources identified herein, sufficient amounts to provide for the payment of the principal of, and interest on the Bonds at the place, on the dates and in the manner provided herein and in the Bonds, according to the true intent and meaning thereof. Section 5.02 Performance of Covenants. The Issuer covenants that it will faithfully perform at all times any and all of its covenants, undertakings, stipulations and provisions contained in this Indenture, in any and every Bond executed, authenticated and delivered hereunder and in all proceedings pertaining thereto. Section 5.03 Representations and Warranties of the Issuer; Power to Issue Bonds and Make Pledge and Assignment. The Issuer hereby represents and warrants as follows: (a) The Issuer is a political subdivision of the State of California. (b) The Issuer has all necessary power and authority to issue the Bonds and to execute and deliver this Indenture, the Financing Agreement and the other Loan Documents to which it is a party, and to perform its duties and discharge its obligations hereunder and thereunder. (c) The revenues and assets pledged for the repayment of the Bonds are and will be free and clear of any pledge, lien or encumbrance prior to, or equal with, the pledge created by this Indenture, and all action on the part of the Issuer to that end has been duly and validly taken. (d) The Loan Documents to which the Issuer is a party have been validly authorized, executed and delivered by the Issuer, and assuming due authorization, execution and delivery by the other parties thereto, constitute valid and binding obligations of the Issuer, enforceable against the Issuer in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium or other laws affecting creditors’ rights generally and the application of equitable principles. (e) The Issuer is duly authorized pursuant to law to issue the Bonds and to enter into this Indenture and to pledge and assign the Security and other assets purported to be pledged and assigned under this Indenture in the manner and to the extent provided in this Indenture. The Issuer has duly authorized the execution and delivery of the Bonds and the Indenture and further represents, covenants and warrants that all requirements have been met and procedures have occurred in order to ensure the enforceability against the Issuer of the Bonds and the Indenture. The Issuer has taken all necessary action required to make the Bonds and the Indenture the valid, legal and binding limited obligations of the Issuer. Section 5.04 Inspection of Project Books. The Issuer covenants and agrees that all books and documents in its possession relating to the Projects shall, upon reasonable prior notice, during normal business hours, be open to inspection and copying by such accountants or other February 9, 2016 Official Minutes 689 24 OHSUSA:764324655.2 agents as the Trustee or the Bondholder Representative may from time to time reasonably designate. Section 5.05 Tax Covenants. (a) Issuer’s Covenants. The Issuer covenants to and for the benefit of the Holders of the Bonds that it will: (i) neither make or use nor cause to be made or used any investment or other use of the proceeds of the Bonds or the money and investments held in the funds and accounts in any manner which would cause the Bonds to be arbitrage bonds under Section 148 of the Code and the Regulations issued under Section 148 of the Code (the “Regulations”) or which would otherwise cause the interest payable on the Bonds to be includable in gross income for federal income tax purposes; (ii) enforce or cause to be enforced all obligations of the Borrower under the Regulatory Agreement in accordance with its terms and seek to cause the Borrower to correct any violation of the Regulatory Agreement within a reasonable period after it first discovers or becomes aware of any such violation; (iii) not take or cause to be taken any other action or actions, or fail to take any action or actions, if the same would cause the interest payable on the Bonds to be includable in gross income for federal income tax purposes; (iv) at all times do and perform all acts and things permitted by law and necessary or desirable in order to assure that interest paid by the Issuer on the Bonds will be excluded from the gross income for federal income tax purposes, of the Bondholders pursuant to the Code, except in the event where any such owner of Bonds is a “substantial user” of the facilities financed with the Bonds or a “related person” within the meaning of the Code; and (v) not take any action or permit or suffer any action to be taken if the result of the same would be to cause the Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code and the Regulations. In furtherance of the covenants in this Section 5.05, the Issuer and the Borrower shall execute, deliver and comply with the provisions of the Tax Certificate, which is by this reference incorporated into this Indenture and made a part of this Indenture as if set forth in this Indenture in full, and by its acceptance of this Indenture the Trustee acknowledges receipt of the Tax Certificate and acknowledges its incorporation into this Indenture by this reference and agrees to comply with the terms specifically applicable to it. In the event of a conflict between the terms of this Indenture and the Tax Certificate, the terms of the Tax Certificate shall control. The covenants of the Issuer in this Section 5.05(a) are made in reliance on the representations and covenants of the Borrower set forth in the Financing Agreement, the Tax Certificate and the Regulatory Agreement and, for the purposes of this Section 5.05(a), no acts, omissions or directions of the Borrower, the Trustee or any other Persons shall be attributed to the Issuer nor shall any default by the borrower of any of its obligations under the Financing Agreement or the Tax Certificate constitute an event of default by the Issuer hereunder. February 9, 2016 Official Minutes 690 25 OHSUSA:764324655.2 (b) Trustee’s Covenants. The Trustee agrees that it will invest funds held under this Indenture in accordance with the covenants and terms of this Indenture and the Tax Certificate (this covenant shall extend through the term of the Bonds, to all funds and accounts created under this Indenture and all money on deposit to the credit of any such fund or account). The Trustee covenants to and for the benefit of the Bondholders that, notwithstanding any other provisions of this Indenture or of any other Loan Document, it will not knowingly make or cause to be made any investment or other use of the money in the funds or accounts created hereunder which would cause the Bonds to be classified as “arbitrage bonds” within the meaning of Sections 103(b) and 148 of the Code or would cause the interest on the Bonds to be includable in gross income for federal income tax purposes; provided that the Trustee shall be deemed to have complied with such requirements and shall have no liability to the extent it reasonably follows the written directions of the Borrower, the Issuer or the Rebate Analyst. This covenant shall extend, throughout the term of the Bonds, to all funds created under this Indenture and all money on deposit to the credit of any such fund. Pursuant to this covenant, with respect to the investments of the funds and accounts under this Indenture, the Trustee obligates itself to comply throughout the term of the issue of the Bonds with the requirements of Sections 103(b) and 148 of the Code; provided that the Trustee shall be deemed to have complied with such requirements and shall have no liability to the extent it reasonably follows the written directions of the Borrower, the Issuer or the Rebate Analyst. The Trustee further covenants that should the Issuer or the Borrower file with the Trustee (it being understood that neither the Issuer nor the Borrower has an obligation to so file), or should the Trustee receive, an opinion of Bond Counsel to the effect that any proposed investment or other use of proceeds of the Bonds would cause the Bonds to become “arbitrage bonds,” then the Trustee will comply with any written instructions of the Issuer, the Borrower or Bond Counsel regarding such investment (which shall, in any event, be a Qualified Investment) or use so as to prevent the Bonds from becoming “arbitrage bonds,” and the Trustee will bear no liability to the Issuer, the Borrower or the Bondholders for investments made in accordance with such instructions. ARTICLE VI DEFAULT PROVISIONS AND REMEDIES OF TRUSTEE AND BONDHOLDERS Section 6.01 Events of Default. Each of the following shall be an event of default with respect to the Bonds (an “Event of Default”) under this Indenture: (a) failure to pay the principal of, or interest on any Bond when due, to the extent sufficient Revenues are available therefor; or (b) failure by the Issuer or the Trustee to perform or observe any other of the covenants, agreements or conditions on its part in this Indenture or in the Bonds contained, and the continuation of such failure for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Issuer or the Trustee by the Borrower, the Trustee or the Issuer, as applicable, or by the holders of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding; February 9, 2016 Official Minutes 691 26 OHSUSA:764324655.2 The Trustee will immediately notify the Issuer and the Bondholder Representative after a Responsible Officer obtains actual knowledge of the occurrence of an Event of Default or obtains actual knowledge of the occurrence of an event which would become an Event of Default with the passage of time or the giving of notice or both. Section 6.02 Acceleration; Other Remedies Upon Event of Default. (a) Upon the occurrence of an Event of Default under Section 6.01(b) hereof, the Trustee shall, upon the written direction of the Bondholder Representative and receipt of indemnity satisfactory to it, by notice in writing delivered to the Issuer, declare the principal of all Bonds then Outstanding and the interest accrued thereon immediately due and payable, and interest shall continue to accrue thereon until such amounts are paid. (b) Upon the occurrence of an Event of Default (other than an Event of Default under Section 6.01(b) hereof), the Trustee shall, but only upon the written direction of the Bondholder Representative, by notice in writing delivered to the Issuer, declare the principal of all Bonds then Outstanding and the interest accrued thereon immediately due and payable and interest on the Bonds shall cease to accrue, anything contained in this Indenture or in the Bonds to the contrary notwithstanding. If at any time after the Bonds shall have been so declared due and payable, and before any judgment or decree for the payment of the money due shall have been obtained or entered, the Issuer or the Borrower shall pay to or deposit with the Trustee a sum sufficient to pay all principal of the Bonds then due (other than solely by reason of such declaration) and all unpaid installments of interest (if any) upon all the Bonds then due, with interest at the rate borne by the Bonds on such overdue principal and (to the extent legally enforceable) on such overdue installments of interest, and the reasonable fees and expenses of the Trustee (including its counsel) shall have been made good or cured or adequate provision shall have been made therefor (collectively, the “Cure Amount”)) shall have been paid in full, and all other defaults hereunder shall have been made good or cured or waived in writing by the Bondholder Representative, then and in every case, the Trustee on behalf of the Holders of all the Outstanding Bonds shall rescind and annul such declaration and its consequences; but no such rescission and annulment shall extend to or shall affect any subsequent default, nor shall it impair or exhaust any right or power consequent thereon. Upon the occurrence and during the continuance of an Event of Default, the Trustee in its own name and as trustee of an express trust, on behalf and for the benefit and protection of the Holders of all Bonds with respect to which such an Event of Default has occurred (if no Event of Default has occurred and is continuing under Section 6.01(b)), may also proceed to protect and enforce any rights of the Trustee and, to the full extent that the Holders of such Bonds themselves might do, the rights of such Bondholders under the laws of the State or under this Indenture by such of the following remedies as the Trustee shall deem most effectual to protect and enforce such rights: (i) by mandamus or other suit, action or proceeding at law or in equity, to enforce the payment of the principal of or interest on the Bonds then Outstanding and to require the Issuer to carry out any covenants or agreements with or for the benefit of the February 9, 2016 Official Minutes 692 27 OHSUSA:764324655.2 Bondholders and to perform its duties under the Act, this Indenture, the Financing Agreement or the Regulatory Agreement to the extent permitted under the applicable provisions thereof; (ii) by pursuing any available remedies under the Financing Agreement or any Loan Document or the Regulatory Agreement; (iii) by realizing or causing to be realized through sale or otherwise upon the security pledged hereunder; and (iv) by action or suit in equity enjoin any acts or things that may be unlawful or in violation of the rights of the Holders of the Bonds and execute any other papers and documents and do and perform any and all such acts and things as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Bondholders against the Issuer allowed in any bankruptcy or other proceeding. No remedy by the terms of this Indenture conferred upon or reserved to the Trustee or to the Bondholders is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee, the Bondholders hereunder or under the Financing Agreement or any other Loan Document or the Regulatory Agreement, as applicable, or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default hereunder, whether by the Trustee or the Bondholders, shall extend to or shall affect any subsequent default or event of default or shall impair any rights or remedies consequent thereto. Section 6.03 Rights of Bondholders. If an Event of Default under Section 6.01(b) hereof shall have occurred and is then continuing, and if requested in writing so to do by the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding with respect to which there is a default, and if indemnified to its satisfaction, the Trustee shall exercise one or more of the rights and powers conferred by this Article as the Trustee, being advised by counsel or a committee of Responsible Officers, shall deem to be in the best interest of the affected Bondholders. If an Event of Default under Section 6.01(b) hereof shall have occurred and is then continuing, the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding with respect to which an Event of Default has occurred shall have the right at any time, subject to the provisions of Section 6.08 hereof, by an instrument in writing executed and delivered to the Trustee, to direct the time, method and place of conducting all proceedings to be taken in connection with the enforcement of the terms and conditions of this Indenture, or for the appointment of a receiver or any other proceedings hereunder, in accordance with the provisions of law and of this Indenture. Section 6.04 Waiver by Issuer. Upon the occurrence of an Event of Default, to the extent that such right may then lawfully be waived, neither the Issuer nor anyone claiming through or under it shall set up, claim or seek to take advantage of any appraisal, valuation, stay, extension or redemption laws now or hereinafter in force, in order to prevent or hinder the February 9, 2016 Official Minutes 693 28 OHSUSA:764324655.2 enforcement of this Indenture; and the Issuer, for itself and all who may claim through or under it, hereby waives, to the extent that it lawfully may do so, the benefit of all such laws and all right of appraisement and redemption to which it may be entitled under the laws of the State and the United States. Section 6.05 Application of Money After Default. All money collected by the Trustee at any time pursuant to this Article VI shall, except to the extent, if any, otherwise directed by a court of competent jurisdiction, be credited by the Trustee to the Revenue Fund. Such money so credited to the Revenue Fund and all other money from time to time credited to the Revenue Fund shall at all times be held, transferred, withdrawn and applied as prescribed by the provisions of Article IV hereof and this Section 6.05. In the event that at any time the money credited to the Revenue Fund, the Bond Fund and the Redemption Fund available for the payment of interest or principal then due with respect to the Bonds shall be insufficient for such payment, such money (other than money held for the payment or redemption of particular Bonds as provided in Section 4.09 hereof) shall be applied as follows and in the following order of priority: (a) For payment of all amounts due to the Trustee incurred in performance of its duties under this Indenture, including, without limitation, the payment of all reasonable fees and expenses of the Trustee incurred in exercising any remedies under this Indenture; (b) Unless the principal of all Bonds shall have become or have been declared due and payable: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amount available is not sufficient to pay in full any installment, then to the payment thereof ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; and SECOND: to the payment to the Persons entitled thereto of the unpaid principal of and, on any Bonds which shall have become due, whether at maturity or by call for redemption, in the order in which they became due and payable, and, if the amount available is not sufficient to pay in full all the principal of and, on the Bonds so due on any date, then to the payment of principal ratably, according to the amounts due on such date, to the Persons entitled thereto, without any discrimination or preference, and then to the payment of any premium due on the Bonds, ratably, according to the amounts due on such date, to the Persons entitled thereto, without any discrimination or preference. (c) If the principal of all of the Bonds shall have become or have been declared due and payable, to the payment of the principal of, and interest then due and unpaid upon the Bonds without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due, respectively, for principal and interest, to the Persons February 9, 2016 Official Minutes 694 29 OHSUSA:764324655.2 entitled thereto without any discrimination or preference except as to any differences in the respective rates of interest specified in the Bonds. Section 6.06 [Reserved] Section 6.07 Remedies Vested in Trustee. All rights of action, including the right to file proof of claims, under this Indenture or under any of the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof in any trial or other proceedings relating thereto and any such suit or proceeding instituted by the Trustee shall be brought in its name as Trustee without the necessity of joining as plaintiffs or defendants any Holders of the Bonds, and any recovery or judgment shall be for the mutual benefit as provided herein of all of the Holders of the Outstanding Bonds. Section 6.08 Remedies of Bondholders. No Holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust hereunder or for the appointment of a receiver or any other remedy hereunder, unless (a) a default shall have occurred of which the Trustee shall have been notified as provided herein; (b) such default shall have become an Event of Default under Section 6.01(b) hereof; (c) the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding with respect to which there is such an Event of Default shall have made written request to the Trustee and shall have offered reasonable opportunity to the Trustee either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (d) such Holders shall have offered to the Trustee indemnity as provided in this Indenture; and (e) the Trustee shall within sixty (60) days thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding; it being understood and intended that no one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture or the rights of any other Holders of Bonds or to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided with respect to the equal and ratable benefit of all Holders of Bonds with respect to which there is a default. Nothing contained in this Indenture shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of and interest on any Bond at the maturity thereof or the obligation of the Issuer to pay the principal of, and interest on the Bonds issued hereunder to the respective holders thereof, at the time, in the place, from the sources and in the manner expressed herein and in said Bonds. Section 6.09 Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, by entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Trustee, the Bondholder Representative, the Borrower and the Bondholders shall be restored to their former positions and rights hereunder with respect to the Trust Estate herein conveyed, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken. Section 6.10 Waivers of Events of Default. So long as no Event of Default has occurred and is then continuing under Section 6.01(b) hereof, the Trustee shall waive any Event February 9, 2016 Official Minutes 695 30 OHSUSA:764324655.2 of Default hereunder and its consequences and rescind any declaration of maturity of principal of, and interest on the Bonds only upon the written direction of the Bondholder Representative. If there shall have occurred and is then continuing an Event of Default under Section 6.01(b) hereof, the Trustee shall waive any Event of Default hereunder and its consequences and rescind any declaration of maturity of principal of, and interest on the Bonds upon the written request of the Holders of 100% of the Bonds then Outstanding with respect to which there is a default; provided, however, that there shall not be waived (a) any Event of Default in the payment of the principal of any Bonds at the date of maturity specified therein, or upon proceedings for mandatory redemption of any Bonds, (b) any default in the payment when due of the interest on any such Bonds, unless prior to such waiver or rescission all arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in respect of which such default shall have occurred on overdue installments of interest or all arrears of payments of principal or when due (whether at the stated maturity thereof or upon proceedings for mandatory redemption) as the case may be, and all expenses of the Trustee in connection with such default shall have been paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such default shall have been discontinued or abandoned or determined adversely, then and in every such case the Issuer, the Trustee, and the Bondholders shall be restored to their former positions and rights hereunder, respectively, but no such waiver or rescission shall extend to any subsequent or other default, or impair any right consequent thereto. Section 6.11 Notice to Bondholders if Default Occurs. Upon the occurrence of an Event of Default, or if an event occurs which could lead to an Event of Default with the passage of time and of which the Trustee is required to take notice pursuant to Section 7.02(l) hereof, the Trustee shall, within thirty (30) days, give written notice thereof by first class mail to the registered Owners of all Bonds then Outstanding. Notwithstanding the foregoing, except in the case of an Event of Default with respect to the payment of principal of or and interest on the Bonds, the Trustee shall be protected in withholding such notice if and so long as the board of directors of the Trustee, the executive committee, or a trust committee of directors or officers of the Trustee in good faith determines that the withholding of such notice is in the best interests of the Holders of the Bonds. ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Standard of Care. The Trustee, prior to an Event of Default as defined in Section 6.01 and after the curing or waiver of all such events which may have occurred, shall perform such duties and only such duties as are specifically set forth in this Indenture. The Trustee, during the existence of any such Event of Default (which shall not have been cured or waived), shall exercise such rights and powers vested in it by this Indenture and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under similar circumstances in the conduct of such Person’s own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its breach of trust, own negligence or willful misconduct, except that: February 9, 2016 Official Minutes 696 31 OHSUSA:764324655.2 (a) prior to an Event of Default hereunder, and after the curing or waiver of all such Events of Default which may have occurred: (i) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, and the Trustee shall not be liable except with regard to the performance of such duties and obligations as are specifically set forth in this Indenture; and (ii) in the absence of bad faith on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificate or opinion furnished to the Trustee by the Person or Persons authorized to furnish the same; (b) at all times, regardless of whether or not any such Event of Default shall exist: (i) the Trustee shall not be liable for any error of judgment made in good faith by an officer or employee of the Trustee except for willful misconduct or negligence by the officer or employee of the Trustee as the case may be; and (ii) the Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Bondholder Representative or the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding (or such lesser or greater percentage as is specifically required or permitted by this Indenture) relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture. Section 7.02 Reliance Upon Documents. Except as otherwise provided in Section 7.01: (a) the Trustee may rely upon the authenticity or truth of the statements and the correctness of the opinions expressed in, and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, notarial seal, stamp, acknowledgment, verification, request, consent, order, bond, or other paper or document of the proper party or parties, including any facsimile transmission as permitted hereunder or under the Financing Agreement; (b) any notice, request, direction, election, order or demand of the Issuer mentioned herein shall be sufficiently evidenced by an instrument signed in the name of the Issuer by an Authorized Officer of the Issuer (unless other evidence in respect thereof be herein specifically prescribed), and any resolution of the Issuer may be evidenced to the Trustee by a copy of such resolution duly certified by an Authorized Officer of the Issuer; (c) any notice, request, certificate, statement, requisition, direction, election, order or demand of the Borrower mentioned herein shall be sufficiently evidenced by an instrument purporting to be signed in the name of the Borrower by any Authorized Officer of the Borrower (unless other evidence in respect thereof be herein specifically prescribed), and any resolution or February 9, 2016 Official Minutes 697 32 OHSUSA:764324655.2 certification of the Borrower may be evidenced to the Trustee by a copy of such resolution duly certified by a secretary or other authorized representative of the Borrower; (d) [Intentionally Omitted]; (e) any notice, request, direction, election, order or demand of the Bondholder Representative mentioned herein shall be sufficiently evidenced by an instrument purporting to be signed in the name of the Bondholder Representative by any Authorized Officer of the Bondholder Representative (unless other evidence in respect thereof be herein specifically prescribed); (f) [Intentionally Omitted]; (g) [Intentionally Omitted]; (h) in the administration of the trusts of this Indenture, the Trustee may execute any of the trusts or powers hereby granted directly or through its agents, receivers or attorneys, and the Trustee may consult with counsel and the opinion or advice of such counsel shall be full and complete authorization and protection in respect of any action taken or permitted by it hereunder in good faith and in accordance with the opinion of such counsel; (i) whenever in the administration of the trusts of this Indenture, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or permitting any action hereunder, such matters (unless other evidence in respect thereof be herein specifically prescribed), may in the absence of negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by a certificate of an officer or authorized agent of the Issuer or the Borrower and such certificate shall in the absence of bad faith on the part of the Trustee be full warrant to the Trustee for any action taken or permitted by it under the provisions of this Indenture, but in its discretion the Trustee may in lieu thereof accept other evidence of such matter or may require such further or additional evidence as it may deem reasonable; (j) the recitals herein and in the Bonds (except the Trustee’s certificate of authentication thereon) shall be taken as the statements of the Issuer and the Borrower and shall not be considered as made by or imposing any obligation or liability upon the Trustee. The Trustee makes no representations as to the value or condition of the Trust Estate or any part thereof, or as to the title of the Issuer or the Borrower to the Trust Estate, or as to the security of this Indenture, or of the Bonds issued hereunder, and the Trustee shall incur no liability or responsibility in respect of any of such matters; (k) the Trustee shall not be personally liable for debts contracted or liability for damages incurred in the management or operation of the Trust Estate except for its own willful misconduct or negligence; and every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Section 7.02(k); (l) the Trustee shall not be required to ascertain or inquire as to the performance or observance of any of the covenants or agreements (except to the extent they obligate the Trustee) February 9, 2016 Official Minutes 698 33 OHSUSA:764324655.2 herein or in any contracts or securities assigned or conveyed to or pledged with the Trustee hereunder, except Events of Default that are evident under Section 6.01(a) or Section 6.01(b) hereof. The Trustee shall not be required to take notice or be deemed to have notice or actual knowledge of any default or Event of Default specified in Section 6.01 hereof (except defaults under Section 6.01(a) or Section 6.01(b) hereof) unless the Trustee shall receive from the Issuer, the Bondholder Representative or the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding written notice stating that a default or Event of Default has occurred and specifying the same, and in the absence of such notice the Trustee may conclusively assume that there is not such default. Every provision contained in this Indenture or related instruments or in any such contract or security wherein the duty of the Trustee depends on the occurrence and continuance of such default shall be subject to the provisions of this Section 7.02(l); (m) the Trustee shall be under no duty to confirm or verify any financial or other statements or reports or certificates furnished pursuant to any provisions hereof, except to the extent such statement or reports are furnished by or under the direction of the Trustee, and shall be under no other duty in respect of the same except to retain the same in its files and permit the inspection of the same at reasonable times by the Holder of any Bond; and (n) the Trustee shall be under no obligation to exercise those rights or powers vested in it by this Indenture, other than such rights and powers which it shall be obliged to exercise in the ordinary course of its trusteeship under the terms and provisions of this Indenture and as required by law, at the request or direction of any of the Bondholders pursuant to Sections 6.03 and 6.08 of this Indenture, unless such Bondholders shall have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities which might be incurred by it in the compliance with such request or direction. None of the provisions contained in this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur personal financial liability in the performance of any of its duties or in the exercise of any of its rights or powers. The Trustee is authorized and directed to execute in its capacity as Trustee the Financing Agreement and the Regulatory Agreements and shall have no responsibility or liability with respect to any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. The Trustee or any of its affiliates may act as advisor or sponsor with respect to any Qualified Investments. The Trustee agrees to accept and act upon facsimile transmission or Electronic Notice of written instructions and/or directions pursuant to this Indenture provided, however, that: (a) subsequent to such facsimile transmission or Electronic Notice of written instructions and/or directions the Trustee shall forthwith receive the originally executed instructions and/or directions, (b) such originally executed instructions and/or directions shall be signed by such Person as may be designated and authorized to sign for the party signing such instructions and/or directions, and (c) the Trustee shall have received a current incumbency certificate containing the specimen signature of such designated Person. February 9, 2016 Official Minutes 699 34 OHSUSA:764324655.2 Any resolution, certification, notice, request, direction, election, order or demand delivered to the Trustee pursuant to this Section 7.02 shall remain in effect until the Trustee receives written notice to the contrary from the party that delivered such instrument accompanied by revised information for such party. The Trustee shall have no responsibility for the value of any collateral or with respect to the perfection or priority of any security interest in any collateral except as otherwise provided in Section 7.17 hereof. Section 7.03 Use of Proceeds. The Trustee shall not be accountable for the use or application of any of the Bonds authenticated or delivered hereunder or of the proceeds of the Bonds except as provided herein. Section 7.04 Trustee May Hold Bonds. The Trustee and its officers and directors may acquire and hold, or become pledgees of Bonds and otherwise may deal with the Issuer and the Borrower in the same manner and to the same extent and with like effect as though it were not Trustee hereunder. Section 7.05 Trust Imposed. All money received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Section 7.06 Compensation of Trustee. The Trustee shall be entitled to its annual administration fee, payable by the Borrower pursuant to the Financing Agreement, in connection with the services rendered by it in the execution of the trusts hereby created and in the exercise and performance of any of the powers and duties of the Trustee hereunder. The Trustee shall be entitled to extraordinary fees and expenses in connection with any Extraordinary Services performed consistent with the duties hereunder or under any of the Loan Documents; provided the Trustee shall not incur any extraordinary fees and expenses without the consent of the Bondholder Representative (except that no consent shall be required if an Event of Default under 6.01(b) has occurred and is continuing). If any property, other than cash, shall at any time be held by the Trustee subject to this Indenture, or any supplemental indenture, as security for the Bonds, the Trustee, if and to the extent authorized by a receivership, bankruptcy, or other court of competent jurisdiction or by the instrument subjecting such property to the provisions of this Indenture as such security for the Bonds, shall be entitled to make advances for the purpose of preserving such property or of discharging tax liens or other liens or encumbrances thereon. Payment to the Trustee for its services and reimbursement to the Trustee for its expenses, disbursements, liabilities and advances, shall be limited to the sources described in the Financing Agreement and in Sections 4.11 and 6.05 hereof. The Issuer shall have no liability for Trustee’s fees, costs or expenses. Subject to the provisions of Section 7.09 hereof, the Trustee agrees that it shall continue to perform its duties hereunder (including, but not limited to, its duties as Paying Agent and Bond Registrar) and under the Loan Documents even in the event that money designated for payment of its fees shall be insufficient for such purposes or in the event that the Borrower fails to pay the Trustee’s fees and expenses as required by the Financing Agreement. The Borrower shall indemnify and hold harmless the Trustee and its officers, directors, officials, employees, agents, receivers, attorneys, accountants, advisors, consultants and servants, past, present or future, from and against (a) any and all claims by or on behalf of any Person February 9, 2016 Official Minutes 700 35 OHSUSA:764324655.2 arising from any cause whatsoever in connection with this Indenture or transactions contemplated hereby, the Projects, or the issuance of the Bonds; (b) any and all claims arising from any act or omission of the Borrower or any of its agents, contractors, servants, employees or licensees in connection with the Projects, or the issuance of the Bonds; and (c) all costs, counsel fees, expenses or liabilities incurred in connection with any such claim or proceeding brought thereon; except that the Borrower shall not be required to indemnify any Person for damages caused by the gross negligence, willful misconduct or unlawful acts of such Person or which arise from events occurring after the Borrower ceases to own the Projects. In the event that any action or proceeding is brought or claim made against the Trustee, or any of its officers, directors, officials, employees, agents, receivers, attorneys, accountants, advisors, consultants or servants, with respect to which indemnity may be sought hereunder, the Borrower, upon written notice thereof from the indemnified party, shall assume the investigation and defense thereof, including the employment of counsel and the payment of all expenses. The indemnified party shall have the right to approve a settlement to which it is a party and to employ separate counsel in any such action or proceedings and to participate in the investigation and defense thereof, and the Borrower shall pay the reasonable fees and expenses of such separate counsel. The provisions of this Section shall survive the termination of this Indenture. Section 7.07 Qualifications of Trustee. There shall at all times be a Trustee hereunder which shall be an association or a corporation organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers. Any successor Trustee shall have a combined capital and surplus of at least $50,000,000 (or shall be a wholly owned subsidiary of an association or corporation that has such combined capital and surplus), and be subject to supervision or examination by federal or state authority, or shall have been appointed by a court of competent jurisdiction pursuant to Section 7.09. If such association or corporation publishes reports of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority referred to above, then for the purposes of this Section, the combined capital and surplus of such association or corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section and another association or corporation is eligible, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.09. Section 7.08 Merger of Trustee. Any association or corporation into which the Trustee may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any association or corporation resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party shall, ipso facto, be and become successor Trustee hereunder and vested with all the title to the whole property or Trust Estate and all the trusts, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing of any instruments or any further act, deed or conveyance on the part of any of the parties hereto, anything herein to the contrary notwithstanding, and shall also be and become successor Trustee in respect of the beneficial interest of the Trustee in the Loan. Section 7.09 Resignation by the Trustee. The Trustee may at any time resign from the trusts hereby created by giving written notice to the Issuer, the Borrower and the Bondholder February 9, 2016 Official Minutes 701 36 OHSUSA:764324655.2 Representative, and by giving notice by certified mail or overnight delivery service to each Holder of the Bonds then Outstanding. Such notice to the Issuer, the Borrower and the Bondholder Representative may be served personally or sent by certified mail or overnight delivery service. The resignation of the Trustee shall not be effective until a successor Trustee has been appointed as provided herein and such successor Trustee shall have agreed in writing to be bound by the duties and obligations of the Trustee hereunder. Section 7.10 Removal of the Trustee. The Trustee may be removed at any time, either with or without cause, with the consent of the Bondholder Representative (which consent of the Bondholder Representative shall not be unreasonably withheld and which approval shall be deemed given after fifteen (15) days if the Bondholder Representative has not responded to a written request for such approval) by a written instrument signed by the Issuer and delivered to the Trustee and the Borrower, and if an Event of Default shall have occurred and be continuing, other than an Event of Default under Section 6.01(b), by a written instrument signed by the Bondholder Representative and delivered to the Trustee, the Issuer and the Borrower. The Trustee may also be removed, if an Event of Default under Section 6.01(b) shall have occurred and be continuing, by a written instrument or concurrent instruments signed by the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding and delivered to the Trustee, the Issuer, the Borrower and the Bondholder Representative. The Trustee may also be removed by the Bondholder Representative following notice to the Issuer and after a thirty (30) day period during which the Issuer may attempt to cause the Trustee to discharge its duties in a manner acceptable to Bondholder Representative, the Borrower and to each registered Owner of Bonds then Outstanding as shown on the Bond Registrar. Any such removal shall take effect on the day specified in such written instrument(s), but the Trustee shall not be discharged from the trusts hereby created until a successor Trustee has been appointed and has accepted such appointment and has agreed in writing to be bound by the duties and obligations of the Trustee hereunder. Section 7.11 Appointment of Successor Trustee. (a) In case at any time the Trustee shall resign or be removed, or be dissolved, or shall be in course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or shall be adjudged a bankrupt or insolvent, or if a receiver of the Trustee or of its property shall be appointed, or if a public supervisory office shall take charge or control of the Trustee or of its property or affairs, a vacancy shall forthwith and ipso facto be created in the office of such Trustee hereunder, and the Issuer, with the written consent of the Bondholder Representative (which consent shall not be unreasonably withheld and which consent shall be deemed given after fifteen (15) days if the applicable party has not responded to a written request from the Issuer for such consent), shall promptly appoint a successor Trustee. Any such appointment shall be made by a written instrument executed by an Authorized Officer of the Issuer. (b) If, in a proper case, no appointment of a successor Trustee shall be made pursuant to subsection (a) of this Section 7.11 within sixty (60) days following delivery of all required notices of resignation given pursuant to Section 7.09 or of removal of the Trustee pursuant to Section 7.10, the retiring Trustee may apply to any court of competent jurisdiction to appoint a February 9, 2016 Official Minutes 702 37 OHSUSA:764324655.2 successor Trustee. The court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Trustee. Section 7.12 Concerning Any Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor and also to the Issuer a written instrument accepting such appointment hereunder, accepting assignment of the beneficial interest in the Mortgage, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the Trust Estate and the rights, powers, trusts, duties and obligations of its predecessor; but such predecessor shall, nevertheless, on the written request of the Issuer, the Borrower or the Bondholder Representative, or of its successor, and upon payment of all amounts due such predecessor, including but not limited to fees and expenses of counsel, execute and deliver such instruments as may be appropriate to transfer to such successor Trustee all the Trust Estate and the rights, powers and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all securities and money held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer be required by a successor Trustee for more fully and certainly vesting in such successor the Trust Estate and all rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. The resignation of any Trustee and the instrument or instruments removing any Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article, shall be filed and/or recorded by the successor Trustee in each recording office where this Indenture shall have been filed and/or recorded. Each successor Trustee shall mail notice by first class mail, postage prepaid, at least once within 30 days of such appointment, to the Owners of all Bonds Outstanding at their addresses on the Bond Register. Section 7.13 Successor Trustee as Trustee, Paying Agent and Bond Registrar. In the event of a change in the office of Trustee, the predecessor Trustee which shall have resigned or shall have been removed shall cease to be trustee and paying agent on the Bonds and Bond Registrar, and the successor Trustee shall become such Trustee, Paying Agent and Bond Registrar. Section 7.14 Appointment of Co-Trustee or Separate Trustee. It is the intent of the Issuer and the Trustee that there shall be no violation of any law of any jurisdiction (including particularly the laws of the State) denying or restricting the right of banking corporations or associations to transact business as Trustee in such jurisdiction. It is recognized that in case of litigation under or connected with this Indenture, the Financing Agreement or any of the other Loan Documents, and, in particular, in case of the enforcement of any remedies on default, or in case the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies herein or therein granted to the Trustee or hold title to the properties in trust, as herein granted, or take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee, with the consent of the Issuer, appoint an additional individual or institution as a co-trustee or separate trustee. In the event that the Trustee appoints an additional individual or institution as a co-trustee or separate trustee, in the event of the incapacity or lack of authority of the Trustee, by reason of any present or future law of any jurisdiction, to exercise any of the rights, powers, trusts and remedies granted to the Trustee herein or to hold title to the Trust Estate or to take any other February 9, 2016 Official Minutes 703 38 OHSUSA:764324655.2 action that may be necessary or desirable in connection therewith, each and every remedy, power, right, obligation, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be imposed upon, exercised by or vested in or conveyed to the Trustee with respect thereto shall be imposed upon, exercisable by and vest in such separate trustee or co-trustee, but only to the extent necessary to enable such co-trustee or separate trustee to exercise such powers, rights, trusts and remedies, and every covenant and obligation necessary to the exercise thereof by such co-trustee or separate trustee shall run to and be enforceable by either of them, subject to the remaining provisions of this Section 7.14. Such co-trustee or separate trustee shall deliver an instrument in writing acknowledging and accepting its appointment hereunder to the Issuer and the Trustee. Should any instrument in writing from the Issuer be required by the co-trustee or separate trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to him or it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer, the Trustee and the Borrower. If the Issuer shall fail to deliver the same within thirty (30) days of such request, the Trustee is hereby appointed attorney-in-fact for the Issuer to execute, acknowledge and deliver such instruments in the Issuer’s name and stead. In case any co-trustee or separate trustee, or a successor to either, shall die, become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such co-trustee or separate trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor to such co-trustee or separate trustee. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms, namely: (a) The Bonds shall be authenticated and delivered, and all rights, powers, trusts, duties and obligations by this Indenture conferred upon the Trustee in respect of the custody, control or management of money, papers, securities and other personal property shall be exercised solely by the Trustee; (b) all rights, powers, trusts, duties and obligations conferred or imposed upon the Trustee shall be conferred or imposed upon or exercised or performed by the Trustee, or by the Trustee and such co-trustee, or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under the law of any jurisdiction in which any particular act or acts are to be performed the Trustee shall be incompetent or unqualified to perform such act or acts, in which event such act or acts shall be performed by such co-trustee or separate trustee; (c) any request in writing by the Trustee to any co-trustee or separate trustee to take or to refrain from taking any action hereunder shall be sufficient warrant for the taking or the refraining from taking of such action by such co-trustee or separate trustee; (d) any co-trustee or separate trustee to the extent permitted by law shall delegate to the Trustee the exercise of any right, power, trust, duty or obligation, discretionary or otherwise; February 9, 2016 Official Minutes 704 39 OHSUSA:764324655.2 (e) the Trustee at any time by an instrument in writing with the concurrence of the Issuer evidenced by a certified resolution may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section and in case an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of or remove any such co-trustee or separate trustee without the concurrence of the Issuer, and upon the request of the Trustee, the Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section; (f) no Trustee or co-trustee hereunder shall be personally liable by reason of any act or omission of any other Trustee hereunder; (g) any demand, request, direction, appointment, removal, notice, consent, waiver or other action in writing executed by the Bondholders and delivered to the Trustee shall be deemed to have been delivered to each such co-trustee or separate trustee; and (h) any money, papers, securities or other items of personal property received by any such co-trustee or separate trustee hereunder shall forthwith, so far as may be permitted by law, be turned over to the Trustee. The total compensation of the Trustee and co-trustee or separate trustee shall be as, and may not exceed the amount, provided in Section 7.06 hereof. Section 7.15 Notice of Certain Events. The Trustee shall give written notice to the Issuer and the Bondholder Representative of any failure by the Borrower to comply with the terms of the Regulatory Agreements of which a Responsible Officer has actual knowledge. Section 7.16 Partial Release of Mortgage. Upon receipt of written direction from the Bondholder Representative, the Trustee shall execute and file such documents as may be necessary in connection with a partial release of the Mortgage, whether upon partial redemption of the Bonds or otherwise. Section 7.17 Filing of Financing Statements. The Trustee shall, at the expense of the Borrower, file or record or cause to be filed or recorded all UCC continuation statements for the purpose of continuing without lapse the effectiveness of those financing statements which have been filed on or approximately on the Closing Date in connection with the security for the Bonds pursuant to the authority of the UCC. Upon the filing of any such continuation statement the Trustee shall immediately notify the Issuer, the Borrower, the Bondholder Representative that the same has been done. If direction is given by the Bondholder Representative, the Trustee shall file all continuation statements in accordance with such directions. February 9, 2016 Official Minutes 705 40 OHSUSA:764324655.2 ARTICLE VIII SUPPLEMENTAL INDENTURES AND AMENDMENTS OF CERTAIN DOCUMENTS Section 8.01 Supplemental Indentures Not Requiring Consent of Bondholders . The Issuer and the Trustee may from time to time and at any time, without the consent of, or notice to, any of the Bondholders, but with the prior written consent of the Bondholder Representative, enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes: (a) to cure any formal defect, omission, inconsistency or ambiguity herein in a manner not materially adverse to the Holder of any Bond to be Outstanding after the effective date of the change; (b) to grant to or confer upon the Trustee for the benefit of the Holders of the Bonds any additional rights, remedies, powers or authority that may lawfully be granted or conferred and that are not contrary to or inconsistent with this Indenture or the rights of the Trustee hereunder as theretofore in effect; (c) to subject to the lien and pledge of this Indenture additional revenues, properties or collateral; (d) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under any state blue sky laws; (e) to make such additions, deletions or modifications as may be, in the opinion of Bond Counsel delivered to the Issuer and the Trustee, necessary to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds; or (f) to modify, amend or supplement this Indenture in any other respect which is not materially adverse to the Holders of the Bonds to be Outstanding after the effective date of the change and which does not involve a change described in Section 8.02. Section 8.02 Supplemental Indentures Requiring Consent of Bondholders . With the prior written consent of the Bondholder Representative, the Holders of more than 51% of the aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, to consent to and approve the execution by the Issuer and the Trustee of such indenture or indentures supplemental hereto as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Indenture; provided, however, that nothing in this Section contained shall permit, or be construed as permitting, (a) an extension of the time for payment of, or an extension of the stated maturity or reduction in the principal amount or reduction in the rate of interest on or extension of the time of payment, of interest on, or reduction of any premium payable on the redemption of, any Bonds, or a reduction in the Borrower’s obligation on the Note, without the consent of the Holders of all of the Bonds then Outstanding, (b) the creation of February 9, 2016 Official Minutes 706 41 OHSUSA:764324655.2 any lien prior to or on a parity with the lien of this Indenture, (c) a reduction in the aforesaid percentage of the principal amount of Bonds which is required in connection with the giving of consent to any such supplemental indenture, without the consent of the Holders of all of the Bonds then Outstanding, (d) the modification of the rights, duties or immunities of the Trustee, without the written consent of the Trustee, (e) a privilege or priority of any Bond over any other Bonds, or (f) any action that results in the interest on the Bonds becoming included in gross income for federal income tax purposes. If at any time the Issuer shall request the Trustee to enter into any such supplemental indenture for any of the purposes of this Section, the Trustee shall, upon being satisfactorily indemnified with respect to expenses, cause notice of the proposed execution of such supplemental indenture to be mailed, postage prepaid, to all registered Bondholders and to the Bondholder Representative. Such notice shall briefly set forth the nature of the proposed supplemental indenture and shall state that copies thereof are on file at the corporate trust office of the Trustee for inspection by all Bondholders. Thirty (30) days after the date of the mailing of such notice, the Issuer and the Trustee may enter into such supplemental indenture substantially in the form described in such notice, but only if there shall have first been or is simultaneously delivered to the Trustee the required consents, in writing, of the Bondholder Representative and the Holders of not less than the percentage of Bonds required by this Section 8.02. If the Holders of not less than the percentage of Bonds required by this Section 8.02 shall have consented to and approved the execution and delivery of a supplemental indenture as provided herein, no Holder of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee or the Issuer from executing the same or from taking any action pursuant to the provisions thereof. Upon the execution of any such supplemental indenture as in this Section 8.02 permitted and provided, this Indenture shall be and be deemed to be modified and amended in accordance therewith. The Trustee may rely upon an opinion of counsel as conclusive evidence that execution and delivery of a supplemental indenture has been effected in compliance with the provisions of this Article VIII. Anything in this Article VIII to the contrary notwithstanding, unless the Borrower shall then be in default of any of its obligations under the Financing Agreement, the Regulatory Agreements, the Note or the Mortgage, a supplemental indenture under this Article VIII which affects any rights of the Borrower shall not become effective unless and until the Borrower shall have expressly consented in writing to the execution and delivery of such supplemental indenture. In this regard, the Trustee shall cause notice of the proposed execution and delivery of any such supplemental indenture to be mailed by certified or registered mail to the Borrower or the Borrower’s attorney at least fifteen (15) days prior to the proposed date of execution and delivery of any supplemental indenture. Notwithstanding any other provision of this Indenture, the Issuer and the Trustee may consent to any supplemental indenture upon receipt of the consent of the Bondholder Representative, the Holders of all Bonds then Outstanding and, as applicable, the Borrower. February 9, 2016 Official Minutes 707 42 OHSUSA:764324655.2 Section 8.03 Amendments to Financing Agreement Not Requiring Consent of Bondholders. The Trustee shall, without the consent of, or notice to, the Bondholders, but with the consent of the Borrower and the Bondholder Representative, consent to any amendment, change or modification of the Financing Agreement as follows: (a) as may be required by the provisions of the Financing Agreement or this Indenture; (b) to cure any formal defect, omission, inconsistency or ambiguity in the Financing Agreement in a manner not materially adverse to the Holder of any Bond to be Outstanding after the effective date of the change; (c) to make such additions, deletions or modifications as may be necessary, in the opinion of Bond Counsel delivered to the Issuer and the Trustee, to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds; or (d) to modify, amend or supplement the Financing Agreement in any other respect which is not materially adverse to the Trustee or Holders of the Bonds to be Outstanding after the effective date of the change and which does not involve a change described in Section 8.04. Section 8.04 Amendments to Financing Agreement Requiring Consent of Bondholders. Except for the amendments, changes or modifications of the Financing Agreement as provided in Section 8.03 hereof, neither the Issuer nor the Trustee shall consent to any other amendment, change or modification of the Financing Agreement without the consent of the Bondholder Representative, and the Borrower and without the giving of notice and the written approval or consent of the Holders of at least 51% of the aggregate principal amount of the Bonds then Outstanding given and procured in accordance with the procedure set forth in Section 8.02 hereof; provided, however, that nothing contained in this Section 8.04 shall permit, or be construed as permitting, any amendment, change or modification of the Borrower’s obligation to make the payments required under the Financing Agreement without the consent of the Holders of all of the Bonds then Outstanding. If at any time the Issuer and the Borrower shall request the consent of the Trustee to any such proposed amendment, change or modification of the Financing Agreement, the Trustee shall cause notice of such proposed amendment, change or modification to be given in the same manner as provided in Section 8.02 hereof. Such notice shall briefly set forth the nature of such proposed amendment, change or modification and shall state that copies of the instrument embodying the same are on file at the Principal Office of the Trustee for inspection by Bondholders. Section 8.05 [Reserved] Section 8.06 Opinion of Bond Counsel Required. No supplement or amendment to the Financing Agreement or this Indenture, as described in this Article VIII, shall be effective until the Issuer, the Trustee and the Bondholder Representative shall have received an opinion of Bond Counsel to the effect that such supplement or amendment is authorized or permitted by this Indenture and, upon execution and delivery thereof, will be valid and binding upon the Issuer in accordance with its terms and will not cause interest on the Bonds to be includable in gross income of the Holders thereof for federal income tax purposes. The Trustee shall be entitled to February 9, 2016 Official Minutes 708 43 OHSUSA:764324655.2 receive, and shall be fully protected in relying upon, the opinion of any counsel approved by it as conclusive evidence that (i) any proposed supplemental indenture or amendment permitted by this Article VIII complies with the provisions of this Indenture, (ii) it is proper for the Trustee to join in the execution of that supplemental indenture or amendment under the provisions of this Article VIII, and (iii) if applicable, such proposed supplemental indenture or amendment is not materially adverse to the interests of the Bondholders. ARTICLE IX SATISFACTION AND DISCHARGE OF INDENTURE Section 9.01 Discharge of Lien. If the Issuer shall pay or cause to be paid to the Holders of the Bonds the principal and interest to become due thereon at the times and in the manner stipulated therein and herein, in any one or more of the following ways: (a) by the payment of the principal of and interest on all Bonds Outstanding; or (b) by the deposit or credit to the account of the Trustee, in trust, of money or securities in the necessary amount (as provided in Section 9.04) to pay the principal, redemption price and interest to the date established for redemption whether by redemption or otherwise; or (c) by the delivery to the Trustee, for cancellation by it, of all Bonds Outstanding. and shall have paid all amounts due and owing to the Bondholder Representative hereunder, and shall have paid all fees and expenses of and any other amounts due to the Trustee, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it or on its part, then these presents and the estates and rights hereby granted shall cease, determine and be void, and thereupon the Trustee shall cancel and discharge the lien of this Indenture and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereof, and reconvey to the Issuer the estate hereby conveyed, and assign and deliver to the Issuer any interest in property at the time subject to the lien of this Indenture which may then be in its possession, except amounts held by the Trustee for the payment of principal of, interest, on the Bonds, or the payment of any amounts owed to the United States pursuant to Section 4.13. Any Outstanding Bond shall prior to the maturity or redemption date thereof be deemed to have been paid within the meaning and with the effect expressed in the first paragraph of this Section 9.01 if, under circumstances which do not cause interest on the Bonds to become includable in the Holders’ gross income for purposes of federal income taxation, the following conditions shall have been fulfilled: (a) in case such Bond is to be redeemed on any date prior to its maturity, the Trustee shall have given to the Bondholder irrevocable notice of redemption of such Bond on said date; (b) there shall be on deposit with the Trustee, pursuant to Section 9.04 hereof, either money or direct obligations of the United States of America in an amount, together with anticipated earnings thereon (but not including any reinvestment of such earnings), which will be sufficient to pay, when due, the principal or redemption price, if applicable, and interest due and to become due on such Bond on the redemption date or Maturity Date thereof, as the case may be; and (c) in the case of Bonds which do not mature or will not be redeemed within February 9, 2016 Official Minutes 709 44 OHSUSA:764324655.2 Sixty (60) days of such deposit, the Trustee shall have received a verification report of a firm of certified public accountants reasonably acceptable to the Trustee as to the adequacy of the amounts so deposited to fully pay the Bonds deemed to be paid. The Trustee shall in no event cause the Bonds to be optionally redeemed from money deposited pursuant to this Article IX unless the requirements of Article III have been met with respect to such redemption. Section 9.02 [Reserved] Section 9.03 Discharge of Liability on Bonds. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 9.01) to pay or redeem Outstanding Bonds (whether upon or prior to their maturity or the redemption date of such Bonds) provided that, if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article III provided or provision satisfactory to the Trustee shall have been made for the giving of such notice, all liability of the Issuer in respect of such Bonds shall cease, terminate and be completely discharged, except only that thereafter the holders thereof shall be entitled to payment by the Issuer, and the Issuer shall remain liable for such payment, but only out of the money or securities deposited with the Trustee as aforesaid for their payment, subject, however, to the provisions of Section 9.04. Section 9.04 Payment of Bonds After Discharge of Indenture. Notwithstanding any provisions of this Indenture, and subject to applicable unclaimed property laws of the State, any money deposited with the Trustee or any paying agent in trust for the payment of the principal of, interest on the Bonds remaining unclaimed for two (2) years after the payment thereof, to the extent permitted by applicable law, shall be paid to the Borrower, whereupon all liability of the Issuer and the Trustee with respect to such money shall cease, and the holders of the Bonds shall thereafter look solely to the Borrower for payment of any amounts then due. All money held by the Trustee and subject to this Section 9.04 shall be held uninvested and without liability for interest thereon. Section 9.05 Deposit of Money or Securities With Trustee. Whenever in this Indenture it is provided or permitted that there be deposited with or credited to the account of or held in trust by the Trustee money or securities in the necessary amount to pay or redeem any Bonds, the money or securities so to be deposited or held shall consist of: (a) lawful money of the United States of America in an amount equal to the principal amount of such Bonds and all unpaid interest thereon to maturity, except that, in the case of Bonds which are to be redeemed prior to maturity and in respect of which there shall have been furnished to the Trustee proof satisfactory to it that notice of such redemption on a specified redemption date has been duly given or provision satisfactory to the Trustee shall be made for such notice, the amount so to be deposited or held shall be the principal amount of such Bonds and interest thereon to the redemption date; or (b) noncallable and nonprepayable direct obligations of the United States of America or noncallable and nonprepayable obligations which as to principal and interest constitute full February 9, 2016 Official Minutes 710 45 OHSUSA:764324655.2 faith and credit obligations of the United States of America, in such amounts and maturing at such times that the proceeds of said obligations received upon their respective maturities and interest payment dates, without further reinvestment, will provide funds sufficient, in the opinion of a nationally recognized firm of certified public accountants, to pay the principal, and interest to maturity, or to the redemption date, as the case may be, with respect to all of the Bonds to be paid or redeemed, as such principal, and interest become due; provided that the Trustee shall have been irrevocably instructed by the Issuer to apply the proceeds of said obligations to the payment of said principal, and interest with respect to such Bonds. ARTICLE X [RESERVED] ARTICLE XI MISCELLANEOUS Section 11.01 Consents and Other Instruments of Bondholders. Any consent, request, direction, approval, waiver, objection, appointment or other instrument required by this Indenture to be signed and executed by the Bondholders may be signed and executed in any number of concurrent writings of similar tenor and may be signed or executed by such Bondholders in person or by agent appointed in writing. Proof of the execution of any such instrument, if made in the following manner, shall be sufficient for any of the purposes of this Indenture, and shall be conclusive in favor of the Trustee with regard to any action taken under such instrument, namely: (a) the fact and date of the execution by any Person of any such instrument may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the Person signing such instrument acknowledged the execution thereof. Where such execution is by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such affidavit or certificate shall also constitute sufficient proof of such authority; (b) the ownership of registered Bonds shall be proved by the Bond Register; and (c) any request, consent or vote of the Holder of any Bond shall bind every future Holder of the same Bond and the Holder of every Bond issued in exchange therefor or in lieu thereof, in respect of anything done or permitted to be done by the Trustee or the Issuer in pursuance of such request, consent or vote. Section 11.02 [Reserved] Section 11.03 Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or to be implied from this Indenture or the Bonds is intended or shall be construed to give to any Person other than the Parties hereto, the Bondholder February 9, 2016 Official Minutes 711 46 OHSUSA:764324655.2 Representative, the Borrower and the Holders of the Bonds, any legal or equitable right, remedy or claim under or in respect to this Indenture or any covenants, conditions and provisions hereof. Section 11.04 Severability. If any provision of this Indenture shall be held or deemed to be, or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, rule of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or sections in this Indenture contained, shall not affect the remaining portions of this Indenture, or any part thereof. Section 11.05 Notices. (a) Any provision of this Indenture relating to the mailing of notice or other communication to Bondholders shall be deemed fully complied with if such notice or other communication is mailed, by first class mail, postage prepaid, to each registered Owner of any Bonds then Outstanding at the address of such registered Owner as it appears on the Bond Register. Whenever in this Indenture the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the Person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Any notice, request, complaint, demand, communication or other paper required or permitted to be delivered to the Issuer, the Trustee, the Bondholder Representative, or the Borrower shall be sufficiently given and shall be deemed given (unless another form of notice shall be specifically set forth herein) on the Business Day following the date on which such notice or other communication shall have been delivered to a national overnight delivery service (receipt of which to be evidenced by a signed receipt from such overnight delivery service) addressed to the appropriate party at the addresses set forth below or as may be required or permitted by this Indenture by Electronic Notice or by a facsimile transmission for which a confirmation of receipt has been delivered. The Issuer, the Trustee, the Bondholder Representative, or the Borrower may, by notice given as provided in this paragraph, designate any further or different address to which subsequent notices or other communication shall be sent. The Issuer: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Community Development Bond Program Manager February 9, 2016 Official Minutes 712 47 OHSUSA:764324655.2 The Trustee: The Borrower: Reliant – Mira Vista, LLC c/o Rainbow – Mira Vista, LLC General Partner 275 Battery Street, Suite 500 San Francisco, CA 94111 Attention: Executive Director Telephone: (602) 903-1843 Facsimile: (623) 687-9472 With a copy to: Gung Ho – Mira Vista, LLC Co-General Partner 275 Battery Street, Suite 500 San Francisco, CA 94111 Attention: Robert Lawler Telephone: (415) 501-9605 Facsimile: (415) 788-0435 With a copy to: Arent Fox, LLP 55 2nd Street, Suite 2100 San Francisco, CA 94105 Telephone: (415) 757-5894 Facsimile: (415) 757-5501 Attention: MJ Pritchett Bondholder Representative: Reliant CAP VIII, LLC c/o Reliant Group Management, LLC 275 Battery Street, Suite 500 San Francisco, CA 94111 Attention: Caskie Collet Telephone: (415) 501-9602 Facsimile: (415) 788-0435 The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Indenture, provided, however, that subsequent to such facsimile transmission of written instructions, the originally executed instructions and/or directions shall be provided to the Trustee in a timely manner. (b) The Trustee shall provide to the Bondholder Representative (i) prompt notice of the occurrence of any Event of Default pursuant to Section 6.01 hereof and (ii) any written information or other written communication received by the Trustee hereunder within ten February 9, 2016 Official Minutes 713 48 OHSUSA:764324655.2 (10) Business Days of receiving a written request from the Bondholder Representative for any such information or other communication. Section 11.06 [Reserved] Section 11.07 Trustee as Paying Agent and Bond Registrar. The Trustee is hereby designated and agrees to act as Paying Agent and Bond Registrar for and in respect to the Bonds. When acting in either such capacity, the Trustee will receive the same rights, protections and indemnifications afforded to the Trustee hereunder. Section 11.08 Payments Due on Non-Business Days. In any case where a date of payment with respect to any Bonds shall be a day other than a Business Day, then such payment need not be made on such date but may be made on the next succeeding Business Day with the same force and effect as if made on such date, and no interest shall accrue for the period after such date providing that payment is made on such next succeeding Business Day. Section 11.09 Counterparts. This Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.10 Governing Law. This Indenture and the Bonds shall be deemed to be contracts made under the laws of the State and for all purposes shall be governed by and construed in accordance with the laws of the State. Section 11.11 No Personal Liability; No Recourse. No recourse under or upon any obligation, covenant, warranty or agreement contained in this Indenture or in any Bond, or under any judgment obtained against the Issuer, or the enforcement of any assessment, or any legal or equitable proceedings by virtue of any constitution or statute or otherwise, or under any circumstances under or independent of this Indenture, shall be had against any member of the Board of Supervisors of the Issuer, the officers, agents or employees of the Issuer, as such, past, present or future of the Issuer, either directly or through the Issuer or otherwise, for the payment for or to the Issuer or any receiver of the Issuer, or for or to the owner of any Bond, or otherwise, of any sum that may be due and unpaid by the Issuer upon any such Bond. Any and all personal liability of every nature whether at common law or in equity or by statute or by constitution or otherwise of the officer, agent or employee, as such, by reason of any act of omission on his or her part or otherwise, for the payment for or to the owner of any Bond or otherwise of any sum that may remain due and unpaid upon the Bonds secured by this Indenture or any of them is, by the acceptance of such Bond, expressly waived and released as a condition of and in consideration for the execution of this Indenture and the issuance of the Bonds. Anything in this Indenture to the contrary notwithstanding, it is expressly understood by the parties to this Indenture that (a) the Issuer may rely exclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Trustee or any Bondholder as to the existence of any fact or state of affairs, (b) the Issuer shall not be under any obligation under this Indenture to perform any record keeping or to provide any legal services, it being understood that such services shall be performed or caused to be performed by the Trustee or by the Bondholders and (c) none of the provisions of this Indenture shall require the Issuer to expend or risk its own funds or otherwise to incur financial liability in the performance of any of its duties February 9, 2016 Official Minutes 714 49 OHSUSA:764324655.2 or in the exercise of any of its rights or powers under this Indenture, unless it shall first have been adequately indemnified to its satisfaction against any costs, expenses and liability which it may incur as a result of taking such action. No recourse for the payment of any part of the principal of, premium, if any, or interest on the Bonds or for the satisfaction of any liability arising from, founded upon or existing by reason of the issuance, purchase or ownership of the Bonds shall be had against any member of the Board of Supervisors of the Issuer or any officer, agent or employee of the Issuer, as such, all such liability being expressly released and waived as a condition of and as a part of the consideration for the execution of this Indenture and the issuance of the Bonds. No covenant, stipulation, obligation or agreement of the Issuer contained in this Indenture shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the Board of Supervisors of the Issuer, officer, agent or employee of the Issuer in other than that person's official capacity. No officer, agent or employee of the Issuer shall be individually or personally liable for the payment of the principal or redemption price of or interest on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. Section 11.12 Amendment of Original Indenture. This Indenture amends the Original Indenture as of the Amendment Date and shall take effect on the Amendment Date. This Indenture is entered into pursuant to Section 11.2 of the Original Indenture. February 9, 2016 Official Minutes 715 50 OHSUSA:764324655.2 IN WITNESS WHEREOF, the Issuer and the Trustee have caused this Indenture to be executed and delivered by duly authorized officers thereof as of the day and year first written above. COUNTY OF CONTRA COSTA, as Issuer By ____________________________________ John Kopchik, Director of the Department of Conservation and Development U.S. BANK NATIONAL ASSOCIATION, as Trustee By ____________________________________ Authorized Representative February 9, 2016 Official Minutes 716 51 OHSUSA:764324655.2 CONSENTED TO AND AGREED: RELIANT – MIRA VISTA, L.P., a California limited partnership, as Borrower By: Rainbow-Mira Vista, LLC, a California limited liability company, its Managing General Partner By: Rainbow Housing Assistance Corporation a California nonprofit public benefit corporation, its Managing Member By: __________________________________ Flynann Janisse, Executive Director By: Gung Ho – Mira Vista, LLC, a California limited liability company its Co-General Partner By: Gung Ho Partners, LLC a Delaware limited liability company, acting solely with respect to its series 52, its Sole Member By: Reliant Group Management, LLC, a California limited liability company, its Manager By: _____________________________________ Caskie Collet, Manager RELIANT CAP VIII, LLC, a California limited liability company, as Bondholder By: ___________________________________ Caskie Collet, Chief Operating Officer February 9, 2016 Official Minutes 717 A-1 OHSUSA:764324655.2 EXHIBIT A FORM OF BOND NO. R-___ $[________] COUNTY OF CONTRA COSTA MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (MIRA VISTA HILLS APARTMENTS PROJECT) 1999 SERIES H THIS BOND MAY BE OWNED ONLY BY AN “ACCREDITED INVESTOR” (AS SUCH TERM IS DEFINED IN THE INDENTURE REFERENCED BELOW), AND THE HOLDER HEREOF, BY THE ACCEPTANCE OF THIS INDENTURE (A) REPRESENTS THAT IT IS AN ACCREDITED INVESTOR OR OTHER PERMITTED TRANSFEREE, AND (B) ACKNOWLEDGES THAT IT CAN ONLY TRANSFER THIS BOND TO ANOTHER ACCREDITED INVESTOR OR OTHER PERMITTED TRANSFEREE IN ACCORDANCE WITH THE TERMS OF THE INDENTURE. MATURITY DATE DATED DATE INTEREST RATE October 15,2029 October 21, 1999 ____% Registered Owner: Principal Amount: The County of Contra Costa, a political subdivision of the State of California (the “Issuer”), for value received, hereby promises to pay (but only out of Revenues as hereinafter provided) to the registered owner identified above or registered assigns, on the Maturity Date set forth above, the principal sum set forth above and to pay (but only out of Revenues as hereinafter provided) interest on the balance of said principal amount from time to time remaining unpaid from and including the date hereof until payment of said principal amount has been made or duly provided for, at the rates and on the dates determined as described herein and in the Indenture (as hereinafter defined). The principal of and, on this Bond are payable at final maturity, acceleration or redemption in lawful money of the United States of America upon surrender hereof at the principal corporate trust office of U.S. Bank National Association, in __________________, as Trustee, or its successor in trust (the “Trustee”). Payment of the interest on any Bond shall be made on each Bond Pa yment Date (as hereinafter defined) to the Person appearing on the bond registration books of the Bond Registrar as the Owner thereof on the Record Date, such interest to be paid by the Paying Agent (i) to such Owner by check or draft mailed on the Bond Payment Date, to such Owner’s address as it appears on the registration books or at such other address as has been furnished to the Bond Registrar as provided below, in writing by such Owner not later than the Record Date or (ii) upon written request, at least three February 9, 2016 Official Minutes 718 A-2 OHSUSA:764324655.2 Business Days prior to the applicable Record Date, to the Owner of Bonds aggregating not less than $1,000,000 in principal amount, by wire transfer in immediately available funds at an account maintained in the United States at such wire address as such Owner shall specify in its written notice; except, in each case, that, if and to the extent that there shall be a default in the payment of the interest due on such Bond Payment Date, such defaulted interest shall be paid to the Owner in whose name any such Bonds are registered at the close of business on the fifth to last Business Day next preceding the date of payment of such defaulted interest. The Bonds are limited obligations of the Issuer and, as and to the extent set forth in the Indenture, are payable solely from, and secured by a pledge of and lien on, the Revenues . The Bonds are all issued under and secured by and entitled to the benefits of an Amended and Restated Trust Indenture, dated as of March 1, 2016 (the “Indenture”), between the Issuer and the Trustee. This Bond is one of a duly authorized issue of bonds of the Issuer designated as the “County of Contra Costa Multifamily Housing Refunding Revenue Bonds (Mira Vista Hills Apartments Project) 1999 Series H”, limited in aggregate principal amount of $10,655,000 (the “Bonds”). Reference is hereby made to the Indenture and all indentures supplemental thereto for a description of the rights thereunder of the registered owners of the Bonds, of the nature and extent of the security, of the rights, duties and immunities of the Trustee and of the rights and obligations of the Issuer thereunder, to all of the provisions of the Indenture and of the Financing Agreement the holder of this Bond, by acceptance hereof, assents and agrees. THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM THE TRUST ESTATE AND OTHER SOURCES PROVIDED THEREFOR IN THE INDENTURE. THE BONDS ARE NOT A DEBT OF THE ISSUER, THE STATE OF CALIFORNIA OR ANY POLITICAL SUBDIVISION THEREOF. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF CALIFORNIA OR THE ISSUER IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THE BONDS. All terms not herein defined shall have the meanings ascribed to them in the Indenture. The Bonds are issuable as fully registered bonds without coupons in denominations of $100,000 or dollar amount in excess thereof (herein “Authorized Denominations”). Subject to the limitations and upon payment of the charges, if any, provided in the Indenture, Bonds may be exchanged at the Principal Corporate Trust Office of the Trustee and the Bond Registrar, for a like aggregate principal amount of Bonds of other Authorized Denominations. The Bonds may only be held by, or transferred to, an Accredited Investor (as defined in the Indenture), with such Accredited Investor executing and delivering an Investor Letter in the form attached as Exhibit B. This Bond is transferable by the registered owner hereof, in person, or by its attorney duly authorized in writing, at the Principal Corporate Trust Office of the Trustee and the Bond Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, and upon surrender and cancellation of this Bond. Upon such transfer February 9, 2016 Official Minutes 719 A-3 OHSUSA:764324655.2 a new fully registered Bond or Bonds, in an Authorized Denomination or Denominations, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. The Issuer, the Trustee and the Bond Registrar may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Issuer, the Trustee and the Bond Registrar shall not be affected by any notice to the contrary. Interest on the Bonds Bond Payment Date has the meaning set forth in the Indenture. Record Date means the 1st day of the month in which any Bond Payment Date falls. Redemption of Bonds The Bonds are subject to optional and mandatory redemption as set forth in the Indenture. General Matters The holder of this Bond shall have no right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon the Indenture, except as provided in the Indenture. No recourse shall be had for the payment of the principal of, or interest on any of the Bonds or for any claim based thereon or upon any obligation, covenant or agreement in the Indenture contained, against any past, present or future supervisor, officer, employee or agent of the Issuer, or through the Issuer, or any successor to the Issuer, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such member, director, officer, employee or agent as such is hereby expressly waived and released as a condition of and in consideration for the execution of the Indenture and the issuance of any of the Bonds. Amendments Permitted The Indenture contains provisions permitting the Issuer and the Trustee to execute supplemental indentures with the written consent of the Bondholder Representative and the Owners of more than fifty-one percent (51%) in aggregate principal amount of Bonds at the time Outstanding, subject to certain conditions as set forth in the Indenture. The Indenture also contains provisions permitting the Issuer and the Trustee to execute supplemental indentures, without consent of the Owners of the Bonds, subject to certain conditions as set forth in the Indenture. The Indenture prescribes the manner in which it may be discharged and after which the Bonds shall no longer be secured by or entitled to the benefits of the Indenture, except for the purposes of transfer and exchange of Bonds and of payment of the principal of and interest on the Bonds as the same become due and payable, including a provision that under certain circumstances the Bonds shall be deemed to be paid if certain securities, as defined therein, maturing as to principal and interest in such amounts and at such times as to ensure the February 9, 2016 Official Minutes 720 A-4 OHSUSA:764324655.2 availability of sufficient moneys to pay the principal of, and interest on the Bonds and all necessary and proper fees, compensation and expenses of the Trustee shall have been deposited with the Trustee. No member or officer of the Issuer, nor any Person executing this Bond, shall in any event be subject to any personal liability or accountability by reason of the issuance of the Bonds. It is hereby certified that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California. This Bond shall not be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Bond Registrar. In the event of any inconsistency between the provisions of this Bond and the provisions of the Indenture, the provisions of the Indenture shall control. IN WITNESS WHEREOF, the County of Contra Costa has caused this Bond to be duly executed by the facsimile signature of an Authorized Officer all as of the date first written above. COUNTY OF CONTRA COSTA By: Authorized Officer February 9, 2016 Official Minutes 721 A-5 OHSUSA:764324655.2 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds issued under the provisions of and described in the within-mentioned Indenture. Date of Authentication: _______________ U.S. BANK NATIONAL ASSOCIATION By_______________________________ Authorized Signer ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please insert Social Security Number or other identifying number of assignee) (Please Print or Typewrite Name and Address of Assignee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints_____________________ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ________________. Signature Guaranteed ___________________________ NOTICE: Signature(s) must be guaranteed by an eligible guaranty institution. ____________________________________ Signature NOTICE: The Signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. February 9, 2016 Official Minutes 722 B-1 OHSUSA:764324655.2 EXHIBIT B [Date] County of Contra Costa Martinez, California U.S. Bank National Association _________________________ _________________________ Re: County of Contra Costa Multifamily Housing Refunding Revenue Bonds (Mira Vista Hills Apartments Project) 1999 Series H (the “Bonds”) Ladies and Gentlemen: The undersigned (the “Purchaser”) hereby acknowledges receipt of $_____________ aggregate principal amount of Bonds, in fully registered form, constituting [all] [a portion] of the Bonds currently outstanding. The undersigned acknowledges that the Bonds were issued for the purpose of making a construction loan to assist in the refinancing of the construction and equipping of a multifamily rental housing facility located in Contra Costa County, California (the “Project”). In connection with the purchase of the Bonds by the Purchaser, the Purchaser hereby makes the following representations upon which you may rely: 1. The Purchaser has authority to purchase the Bonds and to execute this letter and any other instruments and documents required to be executed by the Purchaser in connection with the purchase of the Bonds. 2. The Purchaser is an “accredited investor” (an “Accredited Investor”) as defined in Regulation D promulgated under the Securities Act of 1933 (the “Act”), which has sufficient knowledge and experience in financial and business matters, including purchase and ownership of multifamily housing revenue bonds, to be able to evaluate the risks and merits of the investment represented by our purchase of the Bonds and we can bear the economic risk of our purchase and ownership of the Bonds. 3. The Bonds are being acquired by the Purchaser for investment purposes and not with a present view to, or for resale in connection with, any distribution of the Bonds, and the Purchaser intends to hold the Bonds for its own account for an indefinite period of time and does not intend at this time to dispose of all or any part of the Bonds. The Purchaser understands that it may need to bear the risks of this investment for an indefinite time, since any sale prior to maturity may not be possible. February 9, 2016 Official Minutes 723 B-2 OHSUSA:764324655.2 4. The Purchaser understands that the Bonds are not registered under the Act, and further understands that the Bonds (a) are not being registered or otherwise qualified for sale under the “Blue Sky” laws and regulations of any state, (b) will not be listed in any stock or other securities exchange, (c) will not carry a rating from any rating service and (d) will be delivered in a form which may not be readily marketable. 5. The Purchaser acknowledges that it has either been supplied with or been given access to information, including financial statements and other financial information, to which a reasonable Purchaser would attach significance in making investment decisions, and the Purchaser has had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the owner of the Project, the Project and the Bonds and the security therefor so that, as a reasonable Purchaser, the Purchaser has been able to make its own decision to purchase the Bonds. The Purchaser acknowledges that it has not relied upon the Issuer for any information in connection with the Purchaser’s purchase of the Bonds. 6. The Purchaser acknowledges that it has the right to sell and transfer the Bonds to Accredited Investors in denominations of at least $100,000, subject to the delivery to the Trustee of a purchaser’s letter from each transferee to the same effect as this Purchaser’s Letter, with no material revisions except as may be approved in writing by the Issuer. Failure to deliver such purchaser’s letter shall cause the purported transfer to be null and void. 7. The Purchaser hereby agrees to indemnify and hold harmless the Issuer and its officers and employees with respect to such losses, damages, liabilities or related expenses as are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from sale, transfer or other disposition of the Bonds by the Purchaser in violation of the terms of this letter. [PURCHASER] By: Name: Title: February 9, 2016 Official Minutes 724 C-1 OHSUSA:764324655.2 EXHIBIT C Prepayment Premium Schedule Any Prepayment Premium payable under Section 3.01 (c) of the Indenture shall be the greater of: (1) one percent (1%) of the amount of principal being prepaid; or (2) the product obtained by multiplying: (i) the amount of principal being prepaid, by (ii) the difference obtained by subtracting from the interest rate on the Bonds, the Yield Rate (as defined below) on the twenty-fifth (25th) Business Day preceding (i) the redemption date, or (ii) the date acceleration of the Loan or otherwise accepts a prepayment, by (iii) the present value factor calculated using the following formula: 1 - (1 + r)-n/12 r [r = Yield Rate n = the number of months remaining between (i) either of the following: (x) in the case of a voluntary prepayment, the last day of the month in which the prepayment is made, or (y) in any other case, the date on which the Loan is accelerated the unpaid principal balance of the Loan and (ii) July 15, 2029. For purposes of this clause (2), the “Yield Rate” means the yield calculated by interpolating the yields for the immediately shorter and longer term U.S. “Treasury constant maturities” (as reported in the Federal Reserve Statistical Release H.15 Selected Interest Rates (the “Fed Release”) under the heading “U.S. government securities”) closest to July 15, 2029, as follows (rounded to three (3) decimal places): byzyx ba       )()( )( February 9, 2016 Official Minutes 725 C-2 OHSUSA:764324655.2 a = the yield for the longer U.S. Treasury constant maturity b = the yield for the shorter U.S. Treasury constant maturity x = the term of the longer U.S. Treasury constant maturity y = the term of the shorter U.S. Treasury constant maturity z = “n” (as defined in the present value factor calculation above) divided by twelve (12). Notwithstanding any provision to the contrary, if “z” equals a term reported under the U.S. “Treasury constant maturities” subheading in the Fed Release, the yield for such term shall be used, and interpolation shall not be necessary. If publication of the Fed Release is discontinued by the Federal Reserve Board, Bondholder Representative shall determine the Yield Rate from another source selected by the Bondholder Representative. Any determination of the Yield Rate by the Bondholder Representative will be binding absent manifest error. February 9, 2016 Official Minutes 726 D-1 OHSUSA:764324655.2 EXHIBIT D [Reserved] February 9, 2016 Official Minutes 727 E-1 OHSUSA:764324655.2 EXHIBIT E AMORTIZATION SCHEDULE February 9, 2016 Official Minutes 728 OHS DRAFT 1/22/16 OHSUSA:764324649.2 AMENDED AND RESTATED FINANCING AGREEMENT among COUNTY OF CONTRA COSTA, as Issuer U.S. BANK NATIONAL ASSOCIATION, as Trustee and RELIANT-MIRA VISTA, LP, a California Limited Partnership, as Borrower Relating to COUNTY OF CONTRA COSTA MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (MIRA VISTA HILLS APARTMENTS PROJECT) 1999 SERIES H Dated as of March 1, 2016 Amending and restating Financing Agreement dated as of October 1, 1999 February 9, 2016 Official Minutes 729 TABLE OF CONTENTS Page -i- OHSUSA:764324649.2 ARTICLE I DEFINITIONS .................................................................................................. 2 Section 1.1. Definitions............................................................................................ 2 Section 1.2. Interpretation ........................................................................................ 2 ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS ...................... 2 Section 2.1. Representations, Warranties and Covenants of the Issuer ................... 2 Section 2.2. Representations, Warranties and Covenants of the Borrower ............. 3 Section 2.3. Representations and Warranties of the Trustee ................................... 6 Section 2.4. Arbitrage and Rebate Fund Calculations ............................................. 7 Section 2.5. Tax Covenants of the Borrower ........................................................... 7 Section 2.6. Enforcement of Loan Documents ........................................................ 8 ARTICLE III THE LOAN ....................................................................................................... 8 Section 3.1. [Reserved] ............................................................................................ 8 Section 3.2. Terms of the Loan ................................................................................ 8 Section 3.3. [Reserved] ............................................................................................ 8 Section 3.4. Assignment to Trustee ......................................................................... 8 Section 3.5. Investment of Funds ............................................................................. 8 Section 3.6. Damage; Destruction and Eminent Domain ........................................ 9 ARTICLE IV LOAN PAYMENTS ......................................................................................... 9 Section 4.1. Payments Under the Note; Independent Obligation of Borrower ........ 9 Section 4.2. Payment of Certain Fees and Expenses ............................................... 9 Section 4.3. Additional Payments .......................................................................... 10 Section 4.4. Prepayment of Loan ........................................................................... 11 Section 4.5. Borrower’s Obligations Upon Redemption ....................................... 11 ARTICLE V SPECIAL COVENANTS OF BORROWER ................................................. 12 Section 5.1. Performance of Obligations ............................................................... 12 Section 5.2. Compliance With Applicable Laws ................................................... 12 Section 5.3. Indenture Provisions .......................................................................... 12 Section 5.4. [Reserved] .......................................................................................... 12 Section 5.5. Borrower to Maintain Its Existence; Certification of No Default ...... 12 Section 5.6. Borrower to Remain Qualified in State and Appoint Agent .............. 13 February 9, 2016 Official Minutes 730 TABLE OF CONTENTS (continued) Page -ii- OHSUSA:764324649.2 Section 5.7. Sale or Other Transfer of Project ....................................................... 13 Section 5.8. Right to Perform Borrower’s Obligations.......................................... 13 Section 5.9. Notice of Certain Events .................................................................... 13 Section 5.10. Survival of Covenants ........................................................................ 13 Section 5.11. Access to Project; Records................................................................. 13 Section 5.12. [Reserved ........................................................................................... 14 Section 5.13. Damage, Destruction and Condemnation .......................................... 14 Section 5.14. [Reserved] .......................................................................................... 14 Section 5.15. Filing of Financing Statements .......................................................... 14 ARTICLE VI INDEMNIFICATION..................................................................................... 14 Section 6.1. Borrower’s Obligations ...................................................................... 14 Section 6.2. Defense of Claims .............................................................................. 16 Section 6.3. Borrower's Continuing Obligation ..................................................... 16 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES ................................................. 17 Section 7.1. Events of Default ............................................................................... 17 Section 7.2. Remedies on Default .......................................................................... 17 Section 7.3. No Remedy Exclusive........................................................................ 18 Section 7.4. Agreement to Pay Attorneys’ Fees and Expenses ............................. 18 Section 7.5. No Additional Waiver Implied by One Waiver ................................. 18 ARTICLE VIII MISCELLANEOUS ....................................................................................... 19 Section 8.1. Notices ............................................................................................... 19 Section 8.2. Concerning Successors and Assigns .................................................. 19 Section 8.3. Governing Law .................................................................................. 19 Section 8.4. Modifications in Writing.................................................................... 19 Section 8.5. Further Assurances and Corrective Instruments ................................ 20 Section 8.6. Captions ............................................................................................. 20 Section 8.7. Severability ........................................................................................ 20 Section 8.8. Counterparts ....................................................................................... 20 Section 8.9. Amounts Remaining in Bond Fund or Other Funds .......................... 20 Section 8.10. Effective Date and Term .................................................................... 20 February 9, 2016 Official Minutes 731 TABLE OF CONTENTS (continued) Page -iii- OHSUSA:764324649.2 Section 8.11. Cross References ................................................................................ 20 Section 8.12. Waiver of Personal Liability .............................................................. 20 Section 8.13. Limited Liability ................................................................................ 21 Section 8.14. No Liability of Officers ..................................................................... 21 Section 8.15. Capacity of the Trustee ...................................................................... 21 Section 8.16. Reliance.............................................................................................. 21 Section 8.17. Amendment of Original Financing Agreement ................................. 22 February 9, 2016 Official Minutes 732 AMENDED AND RESTATED FINANCING AGREEMENT THIS AMENDED AND RESTATED FINANCING AGREEMENT (this “Financing Agreement”), dated as of March 1, 2016, by and among the COUNTY OF CONTRA COSTA (the “Issuer”), a political subdivision of the State of California (the “State”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, organized and operating under the laws of the United States of America, as successor trustee (together with any successor trustees appointed under the Indenture, the “Trustee”), and RELIANT-MIRA VISTA, L.P., a limited partnership duly organized and existing under the laws of the State of California (together with its successors and assigns permitted hereunder, the “Borrower”), and amending and restating that certain Financing Agreement, dated as of October 1, 1999 (the “Original Financing Agreement”), by and among the Issuer, the Trustee and the Borrower, as assignee of Runaway Bay, LLC, a Delaware limited liability company, the assignee of Delta Square-Oxford Limited Partnership, a Maryland limited partnership; W I T N E S S E T H: WHEREAS, the Issuer is authorized by Article 11 of Chapter 3 of Part 1 of Division 2 of the Government Code of the State of California (the “Refunding Law”) to issue revenue bonds for the purpose of refinancing the acquisition, construction and development of multifamily rental housing and for the provision of capital improvements in connection therewith and determined necessary thereto; and pursuant to the Refunding Law and a Trust Indenture, dated as of October 1, 1999 (the “Original Indenture”), by and between the Issuer and the Trustee, the Issuer issued its County of Contra Costa Variable Rate Multifamily Housing Refunding Revenue Bonds (Delta Square Apartments Project) 1999 Series H (the “Bonds”) to refinance the acquisition and construction of a multifamily residential development now known as “Mira Vista Hills Apartments” (the “Project”) and made a Loan to the Borrower (the “Loan”) evidenced by a promissory note (the “Original Note”) and secured by a deed of trust (the Original Mortgage”); WHEREAS, the Bonds are outstanding in the aggregate principal amount of $10,655,000 and all of the Bonds are presently owned by Reliant C AP VIII, LLC, a California limited liability company (the “Bondholder”); and WHEREAS, the Borrower has requested the Issuer and the Trustee to enter into an Amended and Restated Trust Indenture, dated as of March 1, 2016 (the “Indenture”), and this Financing Agreement and to approve an amendment and restatement of the Original Note (as amended and restated, the “Note”) and an amendment and restatement of the Original Mortgage (as amended, the “Mortgage”), and that the Bondholder approve the execution and delivery of this Indenture, the Financing Agreement, the Note and the Mortgage; and WHEREAS, the Issuer and the Trustee have agreed to execute and deliver the Indenture and this Financing Agreement and have approved the execution and delivery of the Note and the Mortgage and the Bondholder has approved the execution and delivery of the Indenture, this Financing Agreement, the Note and the Mortgage; and February 9, 2016 Official Minutes 733 2 OHSUSA:764324649.2 NOW, THEREFORE, for and in consideration of the mutual covenants and representations hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS Section 1.1. Definitions. All words and phrases (except for “Event of Default”) defined in the Indenture shall have the same meanings for the purposes of this Financing Agreement. In addition to the words and phrases defined in the Indenture and elsewhere herein, the following words and phrases shall have the following meanings: “Event of Default” means any of those events specified in and defined by the applicable provisions of Article VII hereof to constitute an event of default. “Financing Agreement” means this Financing Agreement, together with any amendments hereto. “Taxes” means all taxes, water rents, sewer rents, assessments and other governmental or municipal or public or private dues, fees, charges and levies and any liens (including federal tax liens) which are or may be levied, imposed or assessed upon the Project or any part thereof, or upon any leases pertaining thereto, or upon the rents, issues, income or profits thereof, whether any or all of the aforementioned be levied directly or indirectly or as excise taxes or as income taxes. Section 1.2. Interpretation. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. Words importing persons include firms, partnerships, limited liability companies, joint ventures, associations and corporations. References to Articles, Sections and other subdivisions of this Financing Agreement are the Articles, sections and other subdivisions of this Financing Agreement as originally executed. The terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof” and any similar terms refer to this Financing Agreement; the term “heretofore” means before the date of execution of this Financing Agreement; and the term “hereafter” means after the date of execution of this Financing Agreement. ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS Section 2.1. Representations, Warranties and Covenants of the Issuer. The Issuer makes the following representations, warranties and covenants: (a) The Issuer is a political subdivision of the State and is duly authorized to issue the Bonds and to perform its obligations under this Financing Agreement. February 9, 2016 Official Minutes 734 3 OHSUSA:764324649.2 (b) All requirements have been met and procedures have occurred in order to authorize the execution and delivery of this Financing Agreement. The Issuer has taken all necessary action and has complied with all provisions of the law required to make this Agreement a valid and binding limited obligation of the Issuer, except to the extent limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally, by the application of equitable principles regardless of whether enforcement is sought in a proceeding at law or in equity, or by public policy. (c) The Bonds have been duly issued by the Issuer. Nothing in this Financing Agreement shall be construed as requiring the Issuer to provide any financing for the Project other than the proceeds of the Bonds or to provide sufficient moneys for all of the cost of financing the Project. (d) To the best knowledge of the Issuer, there is no action, suit, proceeding, inquiry or investigation by or before any court, governmental agency or public board or body pending or threatened against the Issuer that (i) affects or seeks to prohibit, restrain or enjoin the execution or delivery of the Indenture or this Financing Agreement, (ii) affects or questions the validity or enforceability of the Bonds or the Loan Documents or (iii) questions the tax-exempt status of interest on the Bonds. Section 2.2. Representations, Warranties and Covenants of the Borrower. The Borrower makes the following representations, warranties and covenants, all of which, together with the other representations and agreements of the Borrower contained in this Financing Agreement, are relied upon by the Issuer and the Trustee and serve as a basis for the undertakings of the Issuer and the Trustee contained in this Financing Agreement: (a) The Borrower is a limited partnership duly organized, validly existing and in good standing under the laws of the State of California and duly qualified to conduct its business under the laws of the State and in every other state in which the nature of its business requires such qualification, has full legal right, power and authority to enter into this Financing Agreement and the other Loan Documents, and to carry out and consummate all transactions contemplated hereby and by the other Loan Documents, and by proper partnership action has duly authorized the execution, delivery and performance of this Financing Agreement and the other Loan Documents. All general partners, if any, of the Borrower are duly organized and in good standing under the laws of their respective states of organization and are duly qualified to transact business in the State. (b) The Borrower has the legal right, power and authority to (i) own its properties and assets, including, but not limited to, the Project, (ii) to carry on its business as now being conducted and the Borrower contemplates it to be conducted with respect to the Project and (iii) execute and deliver, carry out its obligations under, and close the transactions provided for in, the Loan Documents to which it is a party. (c) The Loan Documents have been duly authorized, executed and delivered by the Borrower. February 9, 2016 Official Minutes 735 4 OHSUSA:764324649.2 (d) This Financing Agreement when assigned to the Trustee pursuant to the Indenture and the other Loan Documents will constitute the legal, valid and binding agreements of the Borrower enforceable against the Borrower by the Trustee in accordance with their terms for the benefit of the Bondholders, and any rights of the Issuer and obligations of the Borrower not so assigned to the Trustee constitute the legal, valid, and binding agreements of the Borrower enforceable against the Borrower by the Issuer in accordance with their terms; except in each case as enforcement may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally, by the application of equitable principles regardless of whether enforcement is sought in a proceeding at law or in equity and by public policy. (e) No consent or approval of any trustee or holder of any indebtedness of the Borrower, and to the best knowledge of the Borrower and with respect to the Borrower, no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority (except with respect to any state securities or “blue sky” laws) is necessary in connection with the execution and delivery of this Financing Agreement or the other Loan Documents or the consummation of any transaction herein or therein contemplated, or the fulfillment of or compliance with the terms and conditions hereof or thereof, except as have been obtained or made and as are in full force and effect. (f) The execution and delivery of this Financing Agreement and the other Loan Documents, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof, will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under (i) the organizational or other governing documents of the Borrower or to the best knowledge of the Borrower and with respect to the Borrower, (ii) any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, (iii) any mortgage, deed of trust, Financing Agreement, lease, contract or other agreement or instrument to which the Borrower is a party or by which it or its properties or assets are otherwise subject or bound, or (iv), except as provided in the Loan Documents, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Borrower, which conflict, violation, breach, default, lien, charge or encumbrance might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Financing Agreement or the Loan Documents, or the financial condition, assets, properties or operations of the Borrower. (g) There is no action, suit, proceeding, inquiry or investigation, before or by any court or federal, state, municipal or other governmental authority, pending, or to the knowledge of the Borrower, after reasonable investigation, threatened, against or affecting the Borrower or the assets, properties or operations of the Borrower which, if determined adversely to the Borrower or its interests, would have a material adverse effect upon the consummation of the transactions contemplated by, or the validity of, this Financing Agreement or the other Loan Documents or upon the financial condition, assets, properties or operations of the Borrower, and the Borrower is not in default (and no event has occurred and is continuing which with the giving of notice or the passage of time or both could constitute a default) with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other governmental authority, which default might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Financing February 9, 2016 Official Minutes 736 5 OHSUSA:764324649.2 Agreement or the other Loan Documents or the financial condition, assets, properties or operations of the Borrower. All tax returns (federal, state and local) required to be filed by or on behalf of the Borrower have been filed, and all taxes shown thereon to be due, including interest and penalties, except such, if any, as are being actively contested by the Borrower in good faith, have been paid or adequate reserves have been made for the payment thereof which reserves, if any, are reflected in the audited financial statements described therein. The Borrower enjoys the peaceful and undisturbed possession of all of the premises upon which it is operating its facilities. (h) The Project and the operation of the Project (in the manner contemplated by th e Loan Documents) conform with the requirements of the Act as well as all applicable zoning, planning, building and environmental laws, ordinances and regulations of governmental authorities having jurisdiction over the Project in effect as of the Amendment Date. (i) The Borrower is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party which default would materially adversely affect the transactions contemplated by the Loan Documents or the operations of the Borrower or the enforceability of the Loan Documents to which the Borrower is a party or the ability of the Borrower to perform all obligations thereunder. (j) The Borrower agrees to pay all costs of maintenance and repair, all Taxes and assessments, insurance premiums (including public liability insurance and insurance against damage to or destruction of the Projects) concerning or in any way related to the Projects, or any part thereof, and any expenses or renewals thereof, and any other governmental charges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges and assessments concerning or in any way related to the Projects. (k) All of the partnership interests in the Borrower are validly issued and are fully registered, if required, with the applicable governmental authorities and/or agencies, and, except as set forth in the Borrower’s partnership agreement, there are no outstanding options or rights to purchase or acquire those interests. Nothing in this Financing Agreement shall prevent the Borrower from issuing additional partnership interests if such units are issued in accordance with all applicable securities laws. (l) The representations and warranties of the Borrower contained in the Regulatory Agreement are true and accurate. (m) The information, statements or reports furnished in writing to the Issuer by the Borrower in connection with this Financing Agreement or the consummation of the transactions contemplated hereby do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading; and the representations and warranties of the Borrower and the statements, information and descriptions contained in the Borrower’s closing certificates, as of the Amendment Date, are true and correct in all material respects, do not contain any untrue statement of a material fact, and do not omit to state a material fact necessary to make the representations, warranties, statements, information and descriptions contained February 9, 2016 Official Minutes 737 6 OHSUSA:764324649.2 therein, in the light of the circumstances under which they were made, not misleading; and any estimates or the assumptions contained in any certificate of the Borrower delivered as of the Amendment Date are reasonable. (n) All financial statements and information heretofore delivered to the Issuer by Borrower, including without limitation, information relating to the financial condition of Borrower, the Project, the partners, joint venturers or members of Borrower, and/or any guarantor, fairly and accurately present the financial position thereof and have been prepared (except where specifically noted therein) in accordance with generally accepted accounting principles consistently applied. Since the date of such statements, there has been no material adverse change in the financial condition or results of operations of the Borrower or the other subjects of such statements. (o) The Borrower shall pay and indemnify the Issuer and the Trustee against all reasonable fees, costs and charges, including reasonable fees and expenses of attorneys, accountants, consultants and other experts, incurred in good faith (and with respect to the Trustee, without negligence) and arising out of or in connection with the Bond Documents, the Bonds or the Indenture. These obligations and those in Section 2.5 shall remain valid and in effect notwithstanding repayment of the loan hereunder or the Bonds or termination of this Financing Agreement or the Indenture. (p) The Borrower acknowledges, represents and warrants that it understands the nature and structure of the transactions relating to the financing of the Projects; that it is familiar with the provisions of all of the documents and instruments relating to such financing to which the Borrower is a party or of which it is a beneficiary, including the Indenture; that it understands the risks inherent in such transactions; and that it has not relied on the Issuer for any guidance or expertise in analyzing the financial or other consequences of the transactions contemplated by the Bond Documents and the Indenture or otherwise relied on the Issuer for any advice. Section 2.3. Representations and Warranties of the Trustee. The Trustee makes the following representations and warranties: (a) The Trustee is a national banking association, duly organized and existing under the laws of the United States of America. The Trustee is duly authorized to act as a fiduciary and to execute the trust created by the Indenture, and meets the qualifications to act as Trustee under the Indenture. (b) The Trustee has complied with the provisions of law which are prerequisite to the consummation of, and has all necessary power (including trust powers) and authority (i) to execute and deliver this Financing Agreement and the other Loan Documents to which it is a party, (ii) to perform its obligations under this Financing Agreement and the other Loan Documents to which it is a party, and (iii) to consummate the transactions contemplated by this Financing Agreement and the other Loan Documents to which it is a party. (c) The Trustee has duly authorized (i) the execution and delivery of this Financing Agreement and the other Loan Documents to which it is a party, (ii) the performance by the Trustee of its obligations under this Financing Agreement and the other Loan Documents to February 9, 2016 Official Minutes 738 7 OHSUSA:764324649.2 which it is a party, and (iii) the actions of the Trustee contemplated by this Financing Agreement and the other Loan Documents to which it is a party. (d) Each of the Loan Documents to which the Trustee is a party has been duly executed and delivered by the Trustee and, assuming due authorization, execution and delivery by the other parties thereto, constitutes a valid and binding obligation of the Trustee, enforceable against the Trustee in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the rights of creditors generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). (e) No approval, permit, consent, authorization or order of any court, governmental agency or public board or body not already obtained is required to be obtained by the Trustee as a prerequisite to (i) the execution and delivery of this Financing Agreement and the other Loan Documents to which the Trustee is a party (ii) the authentication or delivery of the Bonds, (iii) the performance by the Trustee of its obligations under this Financing Agreement and the other Loan Documents to which it is a party, or (iv) the consummation of the transactions contemplated by this Financing Agreement and the other Loan Documents to which the Trustee is a party. The Trustee makes no representation or warranty relating to compliance with any federal or state securities laws. Section 2.4. Arbitrage and Rebate Fund Calculations. The Borrower shall (a) take or cause to be taken all actions necessary or appropriate in order to fully and timely comply with Section 4.13 of the Indenture, and (b) if required to do so under Section 4.13 of the Indenture, select at the Borrower’s expense, a Rebate Analyst reasonably acceptable to the Issuer for the purpose of making any and all calculations required under Section 4.13 of the Indenture. Such calculations, if required, shall be made in the manner and at such times as specified in Section 4.13 of the Indenture. The Borrower shall cause the Rebate Analyst to provide such calculations to the Trustee and the Issuer at such times and with such directions as are necessary to comply fully with the arbitrage and rebate requirements set forth in the Indenture and to comply fully with Section 148 of the Code, including the timely payment of any arbitrage rebate owed. Section 2.5. Tax Covenants of the Borrower. The Borrower covenants and agrees that: (a) It will at all times comply with the terms of the Tax Certificate and the Regulatory Agreement; (b) It will not take, or permit to be taken on its behalf, any action which would cause the interest payable on the Bonds to be included in gross income, for federal income tax purposes, and will take such action as may be necessary in the opinion of Bond Counsel to continue such exclusion from gross income, including, without limitation, the preparation and filing of all statements required to be filed by it in order to maintain the exclusion (including, but not limited to, the filing of all reports and certifications required by the Regulatory Agreement); (c) No changes will be made to the Projects, no actions will be taken by the Borrower and the Borrower will not omit to take any actions, which will in any way adversely affect the February 9, 2016 Official Minutes 739 8 OHSUSA:764324649.2 tax-exempt status of the Bonds; (d) It will comply with the requirements of Section 148 of the Code and the Regulations issued thereunder throughout the term of the Bonds and will not make any use of the proceeds of the Bonds, or of any other funds which may be deemed to be proceeds of the Bonds under the Code and the related regulations of the United States Treasury, which would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code; (e) If the Borrower becomes aware of any situation, event or condition which would, to the best of its knowledge, result in the interest on the Bonds becoming includable in gross income for purposes of federal income tax purposes, it will promptly give written notice of such circumstance, event or condition to the Issuer, and the Trustee. In the event of a conflict between the terms of this Section 2.5 and the Tax Certificate, the terms of the Tax Certificate shall control. Section 2.6. Enforcement of Loan Documents. The Trustee may enforce and take all reasonable steps, actions and the proceedings necessary for the enforcement of all terms, covenants and conditions of the Loan Documents as and to the extent set forth therein. ARTICLE III THE LOAN Section 3.1. [Reserved] . Section 3.2. Terms of the Loan. The Loan shall (i) be evidenced by the Note; (ii) be secured by the Mortgage; (iii) be in the aggregate principal amount outstanding on the Amendment Date of $10,655,000; (iv) bear interest at a rate of ____% per annum; (v) provide for principal and interest payments in accordance with the Note and this Financing Agreement; and (vi) be subject to optional and mandatory prepayment at the times, in the manner and on the terms, and have such other terms and provisions, as provided herein and in the Note. Section 3.3. [Reserved] . Section 3.4. Assignment to Trustee. The parties hereto acknowledge, and the Borrower consents to, the assignment by the Issuer to the Trustee pursuant to the Indenture of all of the Issuer’s right, title and interest in this Financing Agreement (excluding the Unassigned Rights), the Loan, the Mortgage and the Revenues as security for the payment of the principal of, premium, if any, and interest on the Bonds. Section 3.5. Investment of Funds. Except as otherwise provided in the Indenture, any money held as a part of any fund or account established under the Indenture shall be invested or reinvested by the Trustee in Qualified Investments in accordance with the Indenture. February 9, 2016 Official Minutes 740 9 OHSUSA:764324649.2 Section 3.6. Damage; Destruction and Eminent Domain. If, prior to payment in full of the Bonds, the Project or any portion thereof is destroyed or damaged in whole or in part by fire or other casualty, or title to, or the temporary use of, the Project or any portion thereof shall have been taken by the exercise of the power of eminent domain, and the Issuer, the Borrower, the Trustee receives Net Proceeds from insurance or any condemnation award in connection therewith, such Net Proceeds shall be utilized as provided in the Loan Documents and the Indenture. ARTICLE IV LOAN PAYMENTS Section 4.1. Payments Under the Note; Independent Obligation of Borrower. (a) The Borrower shall pay to the Trustee, from Excess Cash Flow, for deposit into the Bond Fund, on the 5th day of each month commencing on April 5, 2016, in good funds delivered no later than 9:00 am Pacific time, an amount equal to the sum of (i) one third of (A) the amount due as payment on the Bonds on the next succeeding Bond Payment Date in accordance with the payment schedule attached to the Indenture as Exhibit E (with pro rata adjustment for deposits made prior to the initial Bond Payment Date) plus (B) the cumulative amount that any prior payments on the Bonds were less than the amount shown such Exhibit E to the Indenture for the corresponding period, plus (ii) if any prior monthly payment the same quarter was less than one third of the amount due on the next Bond Payment Date (the amount of such deficiency being referred to herein as the “Shortfall”), the Shortall to the extent such Shortfall was not paid in a previous month. Amounts so paid to the Trustee by the Borrower shall be in immediately available funds or shall be such that on the Interest Payment Date they are available funds. Nothing in this Agreement shall prohibit Borrower from making payments on the Note from Borrower’s funds in excess of Excess Cash Flow. (b) The obligations of the Borrower to repay the Loan, to perform all of its obligations under the Loan Documents, to provide indemnification pursuant to Section 6.1 hereof, to pay costs, expenses and charges pursuant to Section 4.2 hereof and to make any and all other payments required by this Financing Agreement, the Indenture or any other documents contemplated by this Financing Agreement or by the Loan Documents shall, subject to the limitations set forth in Section 5.1 hereof, be absolute and unconditional and shall not be subject to diminution by setoff, recoupment, counterclaim, abatement or otherwise. (c) Notwithstanding anything contained in any other provision of this Financing Agreement to the contrary (but subject to the provisions of Section 5.1 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and each of the Borrower’s general partners, payable from and enforceable against any and all income, assets and properties of the Borrower: (i) the Borrower’s obligations to the Issuer and the Trustee under Section 4.2 of this Financing Agreement; (ii) the Borrower’s obligations under Section 6.1 of this Financing Agreement; and (iii) the Borrower’s obligation to pay legal fees and such expenses under Section 7.4 of this Financing Agreement. Section 4.2. Payment of Certain Fees and Expenses. February 9, 2016 Official Minutes 741 10 OHSUSA:764324649.2 (a) The Borrower shall pay (or cause to be paid by the Trustee), on the Amendment Date, the following fees, expenses and other money payable in connection with the Loan: (i) On or prior to the Amendment Date, to the Issuer, an amount equal to $_________ plus all third-party and out-of-pocket expenses of the Issuer (including but not limited to the fees and expenses of counsel to the Issuer) in connection with the execution and delivery of the Indenture and this Financing Agreement. (ii) On the Amendment Date, to the Trustee, all third party and out-of-pocket expenses of the Trustee (including but not limited to the fees and expenses of counsel to the Trustee) in connection with the execution and delivery of the Indenture and this Financing Agreement. Section 4.3. Additional Payments. The Borrower covenants to pay all third-party fees of the financing, including but not limited to the following: (a) All taxes and assessments of any type or character charged to the Issuer or to the Trustee affecting the amount available to the Issuer or the Trustee from payments to be received hereunder or in any way arising due to the transactions contemplated hereby (including taxes and assessments assessed or levied by any public agency or governmental authority of whatsoever character having power to levy taxes or assessments) but excluding franchise taxes based upon the capital and/or income of the Trustee and taxes based upon or measured by the net income of the Trustee; provided, however, that the Borrower shall have the right to protest any such taxes or assessments and to require the Issuer or the Trustee, at the Borrower’s expense, to protest and contest any such taxes or assessments levied upon them and that the Borrower shall have the right to withhold payment of any such taxes or assessments pending disposition of any such protest or contest unless such withholding, protest or contest would adversely affect the rights or interests of the Issuer or the Trustee; (b) All reasonable fees, charges and expenses of the Trustee for services rendered under the Indenture, as and when the same become due and payable; (c) The Issuer Fee, and the reasonable fees and expenses of the Issuer or any agents, attorneys, accountants, consultants selected by the Issuer to act on its behalf in connection with this Financing Agreement, the Regulatory Agreements, the Bonds or the Indenture, including, without limitation, any and all reasonable expenses incurred in connection with the authorization, issuance, sale and delivery of the Bonds or in connection with any litigation which may at any time be instituted involving this Financing Agreement, the Regulatory Agreements, the Financing Agreement, the Bonds or the Indenture or any of the other documents contemplated thereby, or in connection with the reasonable supervision or inspection of the Borrower, its properties, assets or operations or otherwise in connection with the administration of the foregoing; all payments for fees and expenses of the Issuer shall be made by the Borrower to the Issuer or to any payee designated by the Issuer not later than thirty (30) days after receipt of invoices rendered to the Borrower by the Issuer. February 9, 2016 Official Minutes 742 11 OHSUSA:764324649.2 (d) These obligations and those in Section 6.1 shall remain valid and in effect notwithstanding repayment of the loan hereunder or termination of this Financing Agreement or the Indenture. Section 4.4. Prepayment of Loan. The Borrower shall have the option to prepay the Loan in full or in part prior to the payment and discharge of all the outstanding Bonds in accordance with the provisions of the Indenture, this Financing Agreement and the Note, upon payment of any amount due under the next succeeding paragraph. The Borrower shall be required to prepay the Loan in each case that Bonds are required to be redeemed in accordance with the terms and conditions set forth in the Indenture. The Bonds are subject to redemption in accordance with the terms and conditions set forth in the Indenture. In connection with any prepayment, whether optional or mandatory, in addition to all other payments required under the Note, the Borrower shall pay an amount sufficient to pay the redemption price of the Bonds to be redeemed, including principal, interest and premium (if any), and further including any interest to accrue with respect to the Loan and such Bonds between the prepayment date and the redemption date, together with a sum sufficient to pay all fees, costs and expenses in connection with such redemption and, in the case of redemption in whole, to pay all other amounts payable under this Financing Agreement and the Indenture. The Borrower shall provide notice of the optional prepayment to the Issuer, and the Trustee in writing thirty (30) days prior to the date on which the Borrower will make the prepayment. Each such notice shall state, to the extent such information is available, (a) the amount to be prepaid, (b) the date on which the prepayment will be made by the Borrower, and (c) the cause for the prepayment, if any. The Loan is subject to optional or mandatory prepayment in whole or in part on such dates and at such prices as the Bonds are subject to redemption under the Indenture. Section 4.5. Borrower’s Obligations Upon Redemption. In the event of any redemption, the Borrower will timely pay, to the Trustee an amount equal to the principal amount of such Bonds or portions thereof called for redemption, together with interest accrued to the redemption date and premium (if any). In addition, the Borrower will timely pay all fees, costs and expenses associated with any redemption of Bonds. In the event of a partial redemption of Bonds pursuant to Section 3.01(a), the Borrower shall, in accordance with Section 3.02 of the Indenture, provide to the Trustee a revised Exhibit E to the Indenture showing adjusted principal amortization of the Bonds following such partial redemption. Section 4.6. Partial Release of Mortgage. Upon receipt of written direction from the Bondholder Representative, the Borrower shall execute and file such documents as may be necessary in connection with a partial release of the Mortgage, whether upon partial redemption of the Bonds or otherwise. February 9, 2016 Official Minutes 743 12 OHSUSA:764324649.2 ARTICLE V SPECIAL COVENANTS OF BORROWER Section 5.1. Performance of Obligations. The Borrower shall keep and faithfully perform all of its covenants and undertakings contained herein and in the Loan Documents, including, without limitation, its obligations to make all payments set forth herein and therein in the amounts, at the times and in the manner set forth herein and therein. Except as otherwise provided herein or in the Loan Documents, the obligations of the Borrower under this Financing Agreement are non-recourse liabilities of the Borrower and neither Borrower nor its partners shall have any personal liability hereunder. The Bond Purchaser’s sole remedy against Borrower after an Event of Default shall be to exercise its rights under the Mortgage and no deficiency judgment shall be obtained against the Borrower. However, nothing in this Section 5.1 shall limit the right of the Issuer or the Trustee to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Financing Agreement or the other Loan Documents. In any action or proceeding brought with respect to the Loan or the Bonds, no deficiency or other money judgment shall be enforced against the Borrower or any partner of the Borrower or any successor or assign of the Borrower, and any judgment obtained shall be enforced only against the Projects and other property of the Borrower encumbered by the Loan Documents and not against the Borrower or any partner of the Borrower or any successor or assign of the Borrower. Section 5.2. Compliance With Applicable Laws. All work performed in connection with the Projects shall be performed in strict compliance with all applicable federal, state, county and municipal laws, ordinances, rules and regulations now in force or that may be enacted hereafter. Section 5.3. Indenture Provisions. The execution of this Financing Agreement shall constitute conclusive evidence of approval of the Indenture by the Borrower. Whenever the Indenture by its terms imposes a duty or obligation upon the Borrower, such duty or obligation shall be binding upon the Borrower to the same extent as if the Borrower were an express party to the Indenture, and the Borrower shall carry out and perform all of its obligations under the Indenture as fully as if the Borrower were a party to the Indenture. Section 5.4. [Reserved] . Section 5.5. Borrower to Maintain Its Existence; Certification of No Default. (a) The Borrower agrees to maintain its existence and maintain its current legal status with authority to own and operate the Project. (b) In addition to performing all other similar requirements under the Loan Documents to which the Borrower is a party, the Borrower shall, within thirty (30) days after the end of each calendar year, render to the Trustee a certificate executed by an Authorized Officer of the Borrower to the effect that the Borrower is not, as of the date of such certificate, in default February 9, 2016 Official Minutes 744 13 OHSUSA:764324649.2 of any of its covenants, agreements, representations or warranties under any of the Loan Documents to which the Borrower is a party and that, to the best of the Borrower’s knowledge, after reasonable investigation, there has occurred no default or Event of Default (as such terms are defined in each respective Loan Document) under any of the Loan Documents. Section 5.6. Borrower to Remain Qualified in State and Appoint Agent . The Borrower will remain duly qualified to transact business in the State and will maintain an agent in the State on whom service of process may be made in connection with any actions against the Borrower. Section 5.7. Sale or Other Transfer of Project. The Borrower may convey and transfer the Project only upon strict compliance with the provisions of the Regulatory Agreements and the Loan Documents. Section 5.8. Right to Perform Borrower’s Obligations. In the event the Borrower fails to perform any of its obligations under this Financing Agreement, the Issuer or the Trustee, after giving requisite notice, if any, may, but shall be under no obligation to, perform such obligation and pay all costs related thereto, and all such costs so advanced by the Issuer or the Trustee shall become an additional obligation of the Borrower hereunder, payable on demand and if not paid on demand with interest thereon at the default rate of interest payable under the Loan Documents. Section 5.9. Notice of Certain Events. The Borrower shall promptly advise the Issuer and the Trustee in writing of the occurrence of any Event of Default hereunder or any event which, with the passage of time or service of notice or both, would constitute an Event of Default, specifying the nature and period of existence of such event and the actions being taken or proposed to be taken with respect thereto. Section 5.10. Survival of Covenants. The provisions of Sections 2.4, 4.2, 6.1 and 7.4 of this Financing Agreement shall survive the expiration or earlier termination of this Financing Agreement and, with regard to the Trustee, the resignation or removal of the Trustee. Section 5.11. Access to Project; Records. Subject to reasonable notice, the Issuer and the Trustee, and the respective duly authorized agents of each, shall have the right (but not any duty or obligation) at all reasonable times and during normal business hours: (a) to enter the Projects and any other location containing the records relating to the Borrower, the Projects, the Loan and the Borrower’s compliance with the terms and conditions of the Loan Documents; (b) to inspect and audit any and all of the Borrower’s records or accounts pertaining to the Borrower, the Projects, the Loan and the Borrower’s compliance with the terms and conditions of the Loan Documents; and (c) to require the Borrower, at the Borrower’s sole expense, (i) to furnish such documents to the Issuer and the Trustee, as the Issuer or the Trustee, as the case may be, from time to time, deems reasonably necessary in order to determine that the provisions of the Loan Documents have been complied with and (ii) to make copies of any records that the Issuer or the Trustee or the respective duly authorized agents of each, may reasonably require. The Borrower shall make available to the Issuer and the Trustee, such information concerning the Projects, the Mortgage and the Loan Documents as any of them may reasonably request. February 9, 2016 Official Minutes 745 14 OHSUSA:764324649.2 Section 5.12. [Reserved]. Section 5.13. Damage, Destruction and Condemnation. If prior to full payment of the Bonds (or provision for payment of the Bonds in accordance with the provisions of the Indenture) the Projects or any portion of it is destroyed (in whole or in part) or is damaged by fire or other casualty, or title to, or the temporary use of, the Projects or any portion of it shall be taken under the exercise of the power of eminent domain by any governmental body or by an y person, firm or corporation acting under governmental authority, or shall be transferred pursuant to an agreement or settlement in lieu of eminent domain proceedings, the Borrower shall nevertheless be obligated to continue to pay the amounts specified in this Financing Agreement and in the Note to the extent the Loan is not prepaid in accordance with the terms of the Loan Documents. Section 5.14. [Reserved] . Section 5.15. Filing of Financing Statements. The Borrower shall file or record or cause to be filed or recorded on or prior to the Amendment Date all financing statements which are required to be filed or recorded in order fully to protect and preserve the security interests relating to the priority of the Loan, the Trust Estate and the Mortgage, and the rights and powers of the Issuer and the Trustee in connection with such security interests. The Borrower shall cooperate with the Trustee in connection with the filing of any continuation statements for purposes of continuing without lapse the effectiveness of such financing statements. ARTICLE VI INDEMNIFICATION Section 6.1. Borrower’s Obligations. The Borrower releases the Issuer, the Trustee and their respective officers, directors, agents, officials, employees (and, as to the Issuer, members of its governing body) and any person who controls the Issuer or the Trustee within the meaning of the Securities Act of 1933, from, and covenants and agrees to indemnify, hold harmless and defend the Issuer, the Trustee and their respective officers, directors, employees, agents, members of its governing body, officials and any person who controls such party within the meaning of the Securities Act of 1933 and employees and each of them (each an "Indemnified Party") from and against, any and all losses, claims, damages, demands, liabilities and expenses (including attorney's fees and expenses), taxes, causes of action, suits, claims, demands and judgments of any nature, joint or several, by or on behalf of any person arising out of: (i) the transactions provided for in the Loan Documents or otherwise in connection with the Project, the Bonds or the Loan; (ii) the execution and delivery or amendment of any document entered into in connection with the transactions provided for in the Loan Documents, including any certifications or representations made by any person other than the party seeking indemnification; (iii) the approval of the refinancing for the Project; February 9, 2016 Official Minutes 746 15 OHSUSA:764324649.2 (iv) the Loan; (v) any and all claims arising in connection with the interpretation, performance, enforcement, breach, default or amendment of the Loan Documents or any other documents relating to the Project or the Bonds or in connection with any federal or state tax audit, or any questions or other matters arising under such documents; (vi) as to the Trustee, the Trustee's acceptance or administration of the trusts created by the Indenture or the exercise of its powers or duties under the Indenture, this Financing Agreement, the Regulatory Agreement or any other agreements to which it is a party or otherwise in connection with the transactions provided for in the Loan Documents; (vii) any and all claims arising in connection with (a) the issuance, sale or remarketing of any Bonds or any certifications or representations made by any person other than the party seeking indemnification, including, but not limited to, any (1) statement or information made b y the Borrower with respect to the Borrower or the Project in any offering document or materials regarding the Bonds, the Project or the Borrower or in the Tax Certificate of the Borrower or in any other certificate executed by the Borrower which, at the time made, is misleading, untrue or incorrect in any material respect, (2) untrue statement or alleged untrue statement of a material fact made by the Borrower relating to the Borrower or the Project contained in any offering material relating to the sale of the Bonds, as from time to time amended or supplemented, or arising out of or based upon the omission or alleged omission to state in such offering material a material fact relating to the Borrower or the Project required to be stated in such offering material or necessary in order to make the statements in such offering material not misleading, (3) failure to properly register or otherwise qualify the sale of the Bonds or failure to comply with any licensing or other law or regulation which would affect the manner in which or to whom the Bonds could be sold and (b) the carrying out by the Borrower of any of the transactions provided for in the Bond Documents and the Mortgage Loan Documents; (viii) the Borrower's failure to comply with any requirement of this Financing Agreement or the Regulatory Agreement; and (ix) any act or omission of the Borrower or any of its agents, servants, employees or licensees in connection with the Loan or the Project, including violation of any law, ordinance, court order or regulation affecting the Project or any part of it or the ownership, occupancy or use of it; (x) any damage or injury, actual or claimed, of whatsoever kind, cause or character, to property (including loss of use of property) or persons, occurring or allegedly occurring in, on or about the Project or arising out of any action or inaction of the Borrower, whether or not related to the Project, or resulting from or in any way connected with the construction or management of the Project, the issuance of the Bonds or otherwise in connection with transactions provided for in the Loan Documents or otherwise in connection with the Project, the Bonds or the execution or amendment of any document relating to the Project or the Bonds; February 9, 2016 Official Minutes 747 16 OHSUSA:764324649.2 (xi) any violation, other than a violation by the party seeking indemnification, of any environmental law, rule or resolution applicable to, or the release of any toxic substance from, the Project; (xii) any and all claims arising in connection with the operation of the Project, or the conditions, environmental or otherwise, occupancy, use, possession, conduct or supervision of work done in or about, or from the planning, design, acquisition, construction, repair or equipping of, the Project or any part of it; and This indemnification shall extend to and include, without limitation, all reasonable costs, counsel fees, expenses or liabilities incurred in connection with any such claim, or proceeding brought with respect to such claim, except (a) in the case of the foregoing indemnification of the Trustee or any of their respective Indemnified Parties, to the extent such damages are caused by the negligence or willful misconduct of such Person, and (b) in the case of the foregoing indemnification of the Issuer or any of its Indemnified Parties, to the extent such damages are caused by the willful misconduct of such Person. Section 6.2. Defense of Claims.. In the event that any action or proceeding is brought against any Indemnified Party with respect to which indemnity may be sought under this Financing Agreement, the Borrower, upon written notice from the Indemnified Party, shall assume the investigation and defense of the action or proceeding, including the engagement of counsel selected by the Borrower, subject to the approval of the Indemnified Party in such party's sole discretion, and shall assume the payment of all reasonable expenses related to the action or proceeding, with full power to litigate, compromise or settle the same in its sole discretion, provided that the Issuer and/or the Trustee, as appropriate, shall have the right to review and approve or disapprove any such compromise or settlement. Each Indemnified Party shall have the right to engage separate counsel in any such action or proceeding and participate in the investigation and defense of the action or proceeding and the Borrower shall be obligated to pay the reasonable fees and expenses of such separate counsel if (a) the Indemnified Party determines that a conflict of interest exists between the interests of the Indemnified Party and the interests of the Borrower or (b) such separate counsel is engaged with the approval of the Borrower, which approval shall not be unreasonably withheld, conditioned or delayed. Section 6.3. Borrower's Continuing Obligation. Notwithstanding any transfer of the Project to another owner, the Borrower shall remain obligated to indemnify each Indemnified Party pursuant to this Article IX for all matters arising prior to the date of such transfer, and, as a condition to the release of the transferor on and after the transfer date, the transferee must assume the obligations of the Borrower under the Bond Documents, and the Mortgage Loan Documents on and after such transfer date and indemnify each Indemnified Party pursuant to this Article IX for all matters arising on and after the date of such transfer. The Indemnified Party's rights under this Article IX shall survive the termination of this Financing Agreement, the payment of the Mortgage Loan and the payment or defeasance of the Bonds. February 9, 2016 Official Minutes 748 17 OHSUSA:764324649.2 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Section 7.1. Events of Default. The following shall be “Events of Default” under this Financing Agreement and the term “Event of Default” shall mean, whenever it is used in this Financing Agreement, one or all of the following events: (a) Any representation or warranty made by the Borrower in the Loan Documents or any certificate, statement, data or information furnished by the Borrower in connection therewith or included by the Borrower in its application to the Issuer for assistance proves at any time to have been incorrect when made in any material respect; (b) Failure by the Borrower to pay any amounts due under this Financing Agreement, the Note or the Mortgage at the times and in the amounts required by this Financing Agreement, the Note and the Mortgage, as applicable, to the extent Excess Cash Flow was available at such time to make such payment; or (c) The Borrower’s failure to observe and perform any of its other covenants, conditions or agreements contained herein, other than as referred to in clause (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given by the Issuer or the Trustee to the Borrower; provided, however, that if the failure shall be such that it can be corrected but not within such period, the Borrower shall commence the cure within such 30 day period and diligently pursue the cure until the failure is corrected; Nothing contained in this Section is intended to amend or modify any of the provisions of the Loan Documents or to bind the Issuer or the Trustee to any notice and cure periods other than as expressly set forth in the Loan Documents. Section 7.2. Remedies on Default. Whenever any Event of Default hereunder shall have occurred and be continuing, the Trustee or the Issuer, with the prior written consent of the Bondholder Representative (as such term is defined in the Indenture), where so provided may take any one or more of the following remedial steps: (a) The Issuer shall cooperate with the Trustee as the Trustee acts pursuant to Section 6.02 of the Indenture. (b) In the event any of the Bonds shall at the time be Outstanding and not paid and discharged in accordance with the provisions of the Indenture, the Issuer or the Trustee may have access to and inspect, examine and make copies of the books and records and any and all accounts, data and income tax and other tax returns of the Borrower. (c) The Issuer or the Trustee may, without being required to give any notice (other than to the Issuer or the Trustee, as applicable), except as provided herein, pursue all remedies of a creditor under the laws of the State, as supplemented and amended, or any other applicable laws. February 9, 2016 Official Minutes 749 18 OHSUSA:764324649.2 (d) The Issuer or Trustee may take whatever action at law or in equity may appear necessary or desirable to collect the payments due under this Financing Agreement then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the Borrower under this Financing Agreement. Any amounts collected pursuant to Article IV and any other amounts which would be applicable to payment of principal of and interest and any premium on the Bonds collected pursuant to action taken under this Section shall be applied in accordance with the provisions of the Indenture. The provisions of this Section are subject to the further limitation that if, after any Event of Default hereunder all amounts which would then be payable hereunder by the Borrower if such Event of Default had not occurred and was not continuing shall have been paid by or o n behalf of the Borrower, and the Borrower shall have also performed all other obligations in respect of which it is then in default hereunder, and shall have paid the reasonable charges and expenses of the Issuer and the Trustee, including reasonable attorneys’ fees paid or incurred in connection with such default, and if there shall then be no default existing under the Indenture, then and in every such case such Event of Default hereunder shall be waived and annulled, but no such waiver or annulment shall affect any subsequent or other Event of Default or impair any right consequent thereon. The Issuer hereby agrees that any cure of any Event of Default hereunder made or tendered by the Investor Limited Partner shall be deemed to be cured by the Borrower, and shall be accepted or rejected by the Issuer on the same basis as if made or tendered by the Borrower. Section 7.3. No Remedy Exclusive. No remedy conferred upon or reserved to the Issuer or the Trustee by this Financing Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Financing Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article VII, it shall not be necessary to give any notice, other than such notice as may be expressly required by this Financing Agreement. Section 7.4. Agreement to Pay Attorneys’ Fees and Expenses. In the event the Borrower should default under any of the provisions of this Financing Agreement and the Issuer or the Trustee should employ attorneys or incur other expenses for the collection of loan payments or the enforcement of performance or observance of any obligation or agreement on the part of the Borrower contained in this Financing Agreement or in the Note, the Borrower shall on demand therefor reimburse the reasonable fees of such attorneys and such other expenses so incurred. Section 7.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Financing Agreement should be breached by any party and thereafter February 9, 2016 Official Minutes 750 19 OHSUSA:764324649.2 waived by the other parties, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. ARTICLE VIII MISCELLANEOUS Section 8.1. Notices. Whenever in this Financing Agreement the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Any notice, request, complaint, demand, communication or other paper required or permitted to be delivered to the Issuer, the Trustee, or the Borrower shall be sufficiently given and shall be deemed given (unless another form of notice shall be specifically set forth herein) on the Business Day following the date on which such notice or other communication shall have been delivered to a national overnight delivery service (receipt of which to be evidenced by a signed receipt from such overnight delivery service) addressed to the appropriate party at the addresses set forth in Section 11.05 of the Indenture or upon receipt such notice or other communication delivered by facsimile transmission as required or permitted by this Financing Agreement (receipt of which shall be evidenced by confirmation of transmission). The Issuer, the Trustee or the Borrower may, by notice given as provided in this paragraph, designate any further or different address to which subsequent notices or other communication shall be sent. The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Financing Agreement, provided, however, that subsequent to such facsimile transmission of written instructions shall provide the originally executed instructions and/or directions shall be provided to the Trustee in a timely manner. Section 8.2. Concerning Successors and Assigns. All covenants, agreements, representations and warranties made herein and in the certificates delivered pursuant hereto shall survive the financing herein contemplated and shall continue in full force and effect so long as the obligations hereunder are outstanding. Whenever in this Financing Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Borrower which are contained in this Financing Agreement shall bind its successors and assigns and inure to the benefit of the successors and assigns of the Issuer and the Trustee. Section 8.3. Governing Law. This Financing Agreement and the Bonds shall be deemed to be contracts made under the laws of the State and for all purposes shall be governed by and construed in accordance with the laws of the State. Section 8.4. Modifications in Writing. Modification or the waiver of any provisions of this Financing Agreement or consent to any departure by the parties therefrom, shall in no event be effective unless the same shall be in writing approved by the parties hereto and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given and so long as the interests of any Bondholders are not adversely affected and the Trustee February 9, 2016 Official Minutes 751 20 OHSUSA:764324649.2 consents in writing thereto. No notice to or demand on the Borrower in any case shall entitle it to any other or further notice or demand in the same circumstances. Section 8.5. Further Assurances and Corrective Instruments. The Issuer, the Trustee and the Borrower agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the performance of this Financing Agreement. Section 8.6. Captions. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Financing Agreement. Section 8.7. Severability. The invalidity or unenforceability of any provision of this Financing Agreement shall not affect the validity of any other provision, and all other provisions shall remain in full force and effect. Section 8.8. Counterparts. This Financing Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. Section 8.9. Amounts Remaining in Bond Fund or Other Funds . It is agreed by the parties hereto that any amounts remaining in the Bond Fund or other funds and accounts established under the Indenture upon expiration or sooner termination of the term hereof, shall be paid in accordance with the Indenture. Section 8.10. Effective Date and Term. This Financing Agreement shall become effective upon its execution and delivery by the parties hereto, shall be effective and remain in full force from the date hereof, and, subject to the provisions hereof, shall expire on such date as the Indenture shall terminate. Section 8.11. Cross References. Any reference in this Financing Agreement to an “Exhibit,” an “Article,” a “Section,” a “Subsection” or a “Paragraph” shall, unless otherwise explicitly provided, be construed as referring, respectively, to an exhibit attached to this Financing Agreement, an article of this Financing Agreement, a section of this Financing Agreement, a subsection of the section of this Financing Agreement in which the reference appears and a paragraph of the subsection within this Financing Agreement in which the reference appears. All exhibits attached to or referred to in this Financing Agreement are incorporated by reference into this Financing Agreement. Section 8.12. Waiver of Personal Liability. No supervisor, officer, agent or employee of the Issuer or any director, officer, agent or employee of the Borrower shall be individually or personally liable for the payment of any principal (or Redemption Price) or interest on the Bonds or any other sum hereunder or be subject to any personal liability or accountability by reason of the execution and delivery of this Financing Agreement, but nothing herein contained shall relieve any such member, director, officer, agent or employee from the performance of any official duty provided by law or by this Financing Agreement. February 9, 2016 Official Minutes 752 21 OHSUSA:764324649.2 Section 8.13. Limited Liability. All obligations of the Issuer incurred under this Financing Agreement, the Regulatory Agreement and the Indenture shall be limited obligations of the Issuer, payable solely and only from the Trust Estate. The Bonds shall be payable solely from the Trust Estate, and no owner or owners of any of the Bonds shall ever have the right to compel any exercise of the taxing power of the Issuer, the State or any political subdivision or other public body of the State, nor to enforce the payment of the Bonds against any property of Issuer, the State or any such political subdivision or other public body, except as provided in the Indenture. No member, officer, agent, director, employee, attorney or member of the Board of Supervisors of the Issuer, including any person executing this Financing Agreement on behalf of the Issuer, shall be liable personally under this Financing Agreement or for any reason relating to the issuance of the Bonds. No recourse shall be had for the payment of the principal of, premium, if any, or the interest on the Bonds, or for any claim based on the Bonds, or otherwise in respect of the Bonds, or based on or in respect of this Financing Agreement or any amendment to this Financing Agreement, against any member, officer, employee, director, agent, attorney or member of the Board of Supervisors of the Issuer, as such, of the Issuer or any successor whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise, all such liability being, by the acceptance of this Financing Agreement and as part of the consideration for the issuance of the Bonds, expressly waived and released. Section 8.14. No Liability of Officers. No recourse under or upon any obligation, covenant, or agreement or in any Bonds, or under any judgment obtained against the Issuer, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, shall be had against any incorporator, member, director, commissioner, employee, agent or officer, as such, past, present, or future, of the Issuer, either directly or through the Issuer, or otherwise, for the payment for or to the Issuer or any receiver thereof, or for or to the Owner of any Bonds, of any sum that may be due and unpaid by the Issuer upon any of the Bonds. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such incorporator, member, director, commissioner, employee, agent or officer, as such, to respond by reason of any act or omission on his or her part or otherwise, for the payment for or to the Issuer or any receiver thereof, or for or to the Owner of any Bonds, of any sum that may remain due and unpaid upon the Bonds or any of them, is hereby expressly waived and released as a condition of and consideration for the execution of this Financing Agreement and the release and conversion of the Bonds. Section 8.15. Capacity of the Trustee. The Trustee is entering into this Financing Agreement solely in its capacity as Trustee and shall be entitled to the rights, protections, limitations from liability and immunities afforded it as Trustee under the Indenture. The Trustee shall be responsible only for the duties of the Trustee expressly set forth herein and in the Indenture. Section 8.16. Reliance. The representations, covenants, agreements and warranties set forth in this Financing Agreement may be relied upon by the Issuer and the Trustee. In performing their duties and obligations under this Financing Agreement and under the Indenture, the Issuer and the Trustee may rely upon statements and certificates of the Borrower, upon certificates of tenants believed to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of the Borrower pertaining to occupancy of February 9, 2016 Official Minutes 753 22 OHSUSA:764324649.2 the Projects. In addition, the Issuer and the Trustee may consult with counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Issuer or the Trustee under this Financing Agreement and under the Indenture in good faith and in conformity with the opinion of such counsel. It is expressly understood and agreed by the parties to this Financing Agreement (other than the Issuer) that: (a) the Issuer may rely conclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Trustee, any Bondholder or the Borrower as to the existence of a fact or state of affairs required under this Financing Agreement to be noticed by the Issuer; (b) the Issuer shall not be under any obligation to perform any record keeping or to provide any legal service, it being understood that such services shall be performed or caused to be performed by the Trustee or the Borrower, as applicable; and (c) none of the provisions of this Financing Agreement shall require the Issuer or the Trustee to expend or risk its own funds (apart from the proceeds of Bonds issued under the Indenture) or otherwise endure financial liability in the performance of any of its duties or in the exercise of any of its rights under this Financing Agreement, unless it shall first have been adequately indemnified to its satisfaction against the costs, expenses and liabilities which may be incurred by taking any such action. Section 8.17. Amendment of Original Financing Agreement. This Financing Agreement amends the Original Financing Agreement as of the Amendment Date. [Signature Pages Follow] February 9, 2016 Official Minutes 754 OHSUSA:764324649.2 IN WITNESS WHEREOF, the parties hereto have executed this Financing Agreement all as of the date first set forth above. COUNTY OF CONTRA COSTA By John Kopchik Director of the Department of Conservation and Development U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Representative February 9, 2016 Official Minutes 755 OHSUSA:764324649.2 RELIANT - MIRA VISTA, L.P., a California Limited Partnership By: Rainbow - Mira Vista, LLC, a California limited liability company, its Managing General Partner By: Rainbow Housing Assistance Corporation, a California nonprofit public benefit corporation, its Managing Member By Flynann Janisse, Executive Director By: Gung Ho – Mira Vista, LLC, a California limited liability company, its Co-General Partner By: Gung Ho Partners, LLC, a Delaware| limited liability company, acting solely with respect to its series 52, its Sole Member By: Reliant Group Management, LLC, a California limited liability company, its Manager By:_________________________ Caskie Collet, Manager CONSENTED TO AND AGREED: RELIANT CAP VIII, LLC, a California limited liability company, as Bondholder By: February 9, 2016 Official Minutes 756 EXHIBIT A [TO COME] February 9, 2016 Official Minutes 757 OHSUSA:764324649.2 February 9, 2016 Official Minutes 758 RECOMMENDATION(S): AUTHORIZE the County Counsel, or her designee, to consent to potential conflicts of interest that arise from the County being represented by Goldfarb & Lipman LLP in connection with the following affordable housing transactions: Tabora Gardens (in Antioch) and East Bluff Apartments (in Pinole). AUTHORIZE the County Counsel, or her designee, to consent to future potential conflicts of interest in situations when an attorney provides services to the County in connection with the development, renovation or refinancing of affordable housing and another party to the transaction is a former or existing client of the attorney. FISCAL IMPACT: There is no financial impact. BACKGROUND: Affordable housing is a specialized area of law practiced by a limited number of attorneys. The local affordable housing development community is also small. As a result, participants in local affordable housing projects tend to know one another and to work together in varying capacities over time. For that reason, it is not uncommon for the firm representing the County on a particular affordable housing project to have an existing or prior relationship with the non-profit developer working on a project or the city in which the project is sited. When that happens, there is the potential for a conflict of interest and, in accordance with the rules of profession conduct established by the State Bar of California, the firm must obtain the informed written consent of the County and the current or former client before it can represent the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kathleen Andrus, Deputy County Counsel, (925) 335-1800 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kathleen M. Andrus, Deputy County Counsel, David Twa, County Administrator C.102 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 9, 2016 Contra Costa County Subject:APPROVAL OF REQUESTS FOR ATTORNEY CONFLICT WAIVERS UNDER CERTAIN CIRCUMSTANCES February 9, 2016 Official Minutes 759 BACKGROUND: (CONT'D) > When evaluating a request from outside counsel that the County waive potential conflicts of interest in the circumstance described above, a number of factors are considered. Of primary importance is the nature of the transaction and the potential risk associated with the law firm’s relationship with the other party. Because all the parties in an affordable housing transaction have the same ultimate goal – making affordable housing available in a responsible manner – affordable housing transactions tend to be less adversarial and more cooperative than many other transactions. For that reason, and given the limited number of legal resources available to the County in this specialized field, and the fact that outside counsel’s work is reviewed by attorneys in the County Counsel’s Office, waiver of a potential conflict does not create risk for the County. It is important to note that there is a distinction between a potential conflict of interest, and an actual conflict of interest. A potential conflict exists in a situation where an attorney represents Client A in a matter that involves Client B but the representation provided to the two clients is unrelated. An example of this situation is where the County is making a loan to a non-profit that is affiliated with an existing client of the County’s attorney, but the attorney is representing only the County in the loan transaction – not the borrower or the affiliate. Because there is little, if any, risk to the County in consenting to the waiver of a potential conflict of interest, the County routinely grants its consent to such waivers on the recommendation of the County Counsel. An actual conflict, on the other hand, occurs when an attorney provides representation to two clients in a related matter. In the case of an actual conflict of interest, the attorney would have to either (i) obtain the informed written consent of both parties to the actual conflict, or (ii) cease representing both parties. In situations where a potential conflict becomes an actual conflict, the consent given when the conflict was only potential would no longer apply. The attorney would have to obtain the written consent of both parties to the actual conflict or cease representing both parties. This board order authorizes County Counsel to consent to potential conflicts of interest, not actual conflicts of interest. And only when the potential conflict arises as a result of an attorney providing services to the County in connection with the development, renovation or refinancing of affordable housing and another party to the transaction is a former or existing client of the attorney. Delegating authority to the County Counsel, or her designee, to acknowledge and consent to such potential conflicts will enable the County to respond to such requests in a more timely manner, thus minimizing any delay in the drafting of relevant documents. Attached are three letters from Goldfarb & Lipman LLP (Goldfarb) that request that the County acknowledge and waive the potential conflicts that exist in two different affordable housing transactions. The first project is referred to as "Tabora Gardens." Completion of this project will result in the construction of an 85-unit apartment complex for seniors at 3557 Tabora Drive in Antioch. The second project is known as "East Bluff Apartments." Completion of this project involves the rehabilitation of a 144-unit multifamily affordable housing development at 1813 Marlesta Court in Pinole. Tabora Gardens In this transaction, the County is lending HOME, HOPWA, NSP1 and Summer Lake Trust funds to a limited partnership affiliate of Satellite Affordable Housing Associates (SAHA). The combined total value of the loans is $6 million. Two of the attached letters relate to this project. One describes Goldfarb’s existing relationship with SAHA. In this transaction, SAHA will be represented by separate legal counsel. The other letter describes Goldfarb’s existing relationship with the City of Antioch. The City has already lent money to this project and is expected to lend more. It is likely that the loans made by the City and the loans made by the County will all be repayable from excess cash flow generated by the development. If so, the City and the County will enter into an intercreditor agreement that addresses how the cash flow is to be shared and the priority of the liens that secure the loans. Goldfarb did not represent the City when it made the loans. If Goldfarb is asked to represent the City in the documentation of an intercreditor agreement, Goldfarb will be required to obtain both the City and the County’s informed written consent. (A separate consent from the one contemplated here.) February 9, 2016 Official Minutes 760 East Bluff Apartments In this transaction, the County is lending approximately $2 million of CDBG funds to a limited partnership affiliate of Eden Housing Inc. (Eden). Goldfarb has an existing relationship with Eden. Eden will be represented by separate legal counsel in this transaction. CONSEQUENCE OF NEGATIVE ACTION: If the County does not consent to the potential conflicts that arise as a result of Goldfarb representing the County in both the Tabora Gardens and East Bluff Apartments projects, Goldfarb would not be able to represent the County, or anyone else, in connection with these transactions. The result would likely be increased costs for the County and a delay in the completion of both transactions. If the authority to consent to potential conflicts of interest that arise when an attorney is providing services to the County in the context of affordable housing is not delegated to the County Counsel or her designee, requests for affordable housing-related “conflict waivers” will continue to be presented to the Board of Supervisors for approval, potentially delaying the start of the necessary legal services. ATTACHMENTS Conflict Waiver - Attachment A Conflict Waiver - Attachment B Conflict Waiver - Attachment C February 9, 2016 Official Minutes 761 February 9, 2016 Official Minutes 762 February 9, 2016 Official Minutes 763 February 9, 2016 Official Minutes 764 February 9, 2016 Official Minutes 765 February 9, 2016 Official Minutes 766 February 9, 2016 Official Minutes 767 February 9, 2016 Official Minutes 768 February 9, 2016 Official Minutes 769 February 9, 2016 Official Minutes 770 February 9, 2016 Official Minutes 771 February 9, 2016 Official Minutes 772 February 9, 2016 Official Minutes 773 February 9, 2016 Official Minutes 774 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute an agreement with the Contra Costa Local Agency Formation Commissions indemnifying it from costs or liabilities related to its proceedings on the County's application for detachment of the Byron-Bethany Irrigation District from the Discovery Bay Community Services District. FISCAL IMPACT: No direct fiscal impact; however, the County would, by agreement, assume potential liability for costs incurred by the LAFCo from any legal action or proceeding related to the County's application for detachment. BACKGROUND: On November 17, 2015, the Contra Costa County Board of Supervisors voted unanimously to pursue a detachment of overlapping boundaries between the Byron-Bethany Irrigation District (BBID) and the Discovery Bay Community Services District (TODB). The action: acknowledged that only the TODB provides water services to this area even though both BBID and the Town receive payment for water service delivery; recognized that the 2014 Contra Costa LAFCO MSR indicates that it is unlikely that the Town will ever use BBID water and that, if detached, the nearly $685,000 of BBID tax revenue could be reallocated to other affected taxing agency(ies) that are actually providing services; and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.101 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:AUTHORIZE EXECUTION OF INDEMNIFICATION AGREEMENT WITH CONTRA COSTA LAFCo RELATED TO BBID/TODB DETACHMENT February 9, 2016 Official Minutes 775 BACKGROUND: (CONT'D) > directed the County Administrator prepare a resolution of application for detachment in order to initiate the detachment process; provide notice to Contra Costa LAFCO, San Joaquin LAFCO and other interested agencies; and explore allocation of the BBID property tax revenues from the overlap areas to the East Contra Costa Fire Protection District. On January 12, 2016, the Board of Supervisors adopted Resolution No. 2016/3 authorizing the submittal of proposals to the San Joaquin Local Agency Formation Commission and the Contra Costa Local Agency Formation Commission to detach the Byron-Bethany Irrigation District from the Discovery Bay Community Services District and/or amend the Byron-Bethany Irrigation District Sphere of Influence accordingly. The County has submitted an application for detachment to the San Joaquin LAFCo and has also requested a change in jurisdiction to the Contra Costa LAFCo for consideration of the County's application. The Contra Costa LAFCo requires each applicant to indemnify the LAFCo from costs or liabilities related to its proceedings on the application. The County's execution of the attached agreement will satisfy this requirement. CONSEQUENCE OF NEGATIVE ACTION: The LAFCo would not agree to process the County's application for detachment. ATTACHMENTS Contra Costa LAFCo Indemnification Agreement February 9, 2016 Official Minutes 776 AGREEMENT BETWEEN CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION AND CONTRA COSTA COUNTY REGARDING DETACHMENT FROM BYRON BETHANY IRRIGATION DISTRICT (BBID) (LAFCO 16-02) THIS AGREEMENT, dated this _____ day of February, 2016, is entered into by and between the Contra Costa Local Agency Formation Commission (“LAFCO”), a public agency, and Contra Costa County (“Agency”), a political subdivision of the State of California. Recitals 1. Agency submitted an application to LAFCO to detach territory, which is located in Contra Costa County, from the Byron Bethany Irrigation District. 2. LAFCO’s review and/or approval of the application is conditioned upon, among other things, Agency and LAFCO entering into an agreement to indemnify LAFCO against any expenses arising from any legal actions challenging the application and subsequent actions. NOW, THEREFORE, LAFCO and Agency agree as follows: Section 1. Indemnification. In the event any legal action or proceeding is instituted against LAFCO (or naming LAFCO as a real party in interest) challenging the review and/or approval of the application, or any of LAFCO's actions related thereto, Agency shall indemnify LAFCO from any costs or liabilities incurred by LAFCO as a result of any such action or proceeding, including any award to opposing counsel of attorney's fees or costs. Agency also agrees to reimburse LAFCO for the Commission’s reasonable expenses resulting from any such legal action or proceeding. Such expenses include LAFCO’s counsel’s charges for representing LAFCO in any such action, costs of preparing the administrative record in any such action (including LAFCO staff costs), and all other expenses incurred by LAFCO as a result of any such action or proceeding. LAFCO intends to use its staff to represent it in this action. LAFCO will coordinate the defense of this action with the Agency. LAFCO retains the right to obtain outside counsel to represent it in litigation, if necessary. LAFCO will do so only after consultation with the Agency. Section 2. Miscellaneous Provisions. A. Successors and Assigns. This agreement shall apply to, bind and inure to the benefit of successors in interest of the parties hereto, including heirs, assigns, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts. February 9, 2016 Official Minutes 777 B. No Third-Party Beneficiaries. This agreement is entered only for the benefit of the parties executing this agreement and not for the benefit of any other individual, entity or person. C. Amendments. This agreement may be amended in writing by the mutual agreement of the original parties or their successors in interest. D. Applicable Law. This agreement shall be construed and enforced in accordance with the laws of the State of California. E. Counterparts. This agreement may be executed and delivered in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION __________________________________ LAFCO Executive Officer CONTRA COSTA COUNTY __________________________________ David Twa, County Administrative Officer Form approved by LAFCO Legal Counsel Approved as to form: __________________________________ County Counsel February 9, 2016 Official Minutes 778 RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: Government Code Section 8630 required that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. With the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.103 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness February 9, 2016 Official Minutes 779 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid Student Training Agreement #22-528-8 with Contra Costa Community College District, an educational institution, to provide supervised field instruction in County’s Public Health Division for nursing students, for the period from March 1, 2016 through February 28, 2019. FISCAL IMPACT: None BACKGROUND: The purpose of this agreement is to provide Contra Costa Community College District nursing students with the opportunity to integrate academic knowledge with applied skills APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 95 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Contra Costa Community College District Unpaid Student Training Agreement #22-528-8 February 9, 2016 Official Minutes 780 BACKGROUND: (CONT'D) at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefiting from the students’ services to patients. On February 26, 2013, the Board of Supervisors approved Contract #22-528-7 with Contra Costa Community College District for the provision of supervised fieldwork instruction experience with Health Services, for the period from March 1, 2013 through February 29, 2016. Approval of Unpaid Student Training Agreement #22-528-8 will allow Contra Costa Community College District students to receive supervised fieldwork instruction experience, in County’s Public Health Division, through February 28, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the students will not receive supervised fieldwork instruction experience in County’s Public Health Division. CHILDREN'S IMPACT STATEMENT: Not Applicable February 9, 2016 Official Minutes 781 RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Daniel Lesnick, (925) 313-2376 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 93 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Disposal of Surplus Property February 9, 2016 Official Minutes 782 ATTACHMENTS Surplus Vehicles & Equipment February 9, 2016 Official Minutes 783 ATTACHMENT TO BOARD ORDER FEBRUARY 10, 2016 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair HEALTH SERVICES 2002 TOYOTA PRIUS HYB #0228 (83096 MILES) JT2BK18U820055047 B. WORN OUT EHS/COMM. SERVICES 2002 FORD TAURUS #0344 (136920 MILES) 1FAFP52U02G199280 B. WORN OUT HEALTH SERVICES 2009 TOYOTA PRIUS HYB #1115 (110260 MILES) JTDKB20U097864942 B. WORN OUT ANIMAL SERVICES 2000 GMC SAFARI #5889 (97898 MILES) 1GKDM19W5YB519259 B. WORN OUT EHS/COMM. SERVICES 2010 FORD E-350 #4671 (84494 MILES) 1FTSS34L29DA66760 D. DAMAGED BEYOND REPAIR SHERIFF CORONER 2011 FORD TAURUS #1026 (108288 MILES) 1FAHP2DW9BG147412 B. WORN OUT PROBATION 2002 FORD TAURUS #0369 (122416 MILES) 1FAFP52U62G284107 B. WORN OUT HEALTH SERVICES 2002 FORD TAURUS #0364 (85475 MILES) 1FAFP52U82G216682 B. WORN OUT PROBATION 2002 FORD TAURUS #0316 (90177 MILES) 1FAFP52U32G165592 B. WORN OUT SHERIFF CORONER 2010 FORD CROWN VIC #2026 (87241 MILES) 2FABP7BV3AX115433 B. WORN OUT SHERIFF CORONER 2009 TOYOTA PRIUS HYB #1102 (118071 MILES) JTDKB20U197862875 B. WORN OUT SHERIFF CORONER 2008 FORD CROWN VIC #2810 (97296 MILES) 2FAFP71V18X160142 B. WORN OUT PROBATION 2002 FORD TAURUS #0376 (76883 MILES) 1FAFP52U52G284115 B. WORN OUT PROBATION 2010 FORED ESCAPE #3711 (131519 MILES) 1FMCU5K39AKB19735 D. DAMAGED BEYOND REPAIR February 9, 2016 Official Minutes 784 RECOMMENDATION(S): APPROVE the revised Hazardous Materials Incident Notification Policy. FISCAL IMPACT: No expected fiscal impact. BACKGROUND: Revisions to the Hazardous Materials Incident Notification Policy was reviewed and accepted by the Ad Hoc Committee on the Industrial Safety Ordinance and the Community Warning System (Committee) on January 7, 2016. The Committee approved having the revised policy go to the Board of Supervisors for approval. The purpose of this Policy is to promote prompt and accurate reporting to Contra Costa Health Services (“CCHS”) of releases or threatened releases of hazardous materials that may result in injury or damage to the community and/or the environment. The primary reason for prompt and accurate notification to CCHS is to enable CCHS to take measures to mitigate the impacts of a hazardous materials release, such as: 1. Dispatching emergency response APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Randy Sawyer, 335-3210 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Randy Sawyer C. 99 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Hazardous Materials Incident Notification Policy February 9, 2016 Official Minutes 785 BACKGROUND: (CONT'D) teams quickly and with the appropriate equipment and personnel 2. Assessing the extent of the release or the potential extent of the release and whether neighboring communities are at risk of exposure 3. Determining whether the Community Warning System should be activated (if not already activated) 4. Responding to inquiries from the public and the media A. Origin of Policy The Contra Costa County Board of Supervisors approved the original Hazardous Materials Incident Notification Policy on November 5, 1991. The policy was established in response to incidents, both in Contra Costa County and elsewhere, which demonstrated that preliminary assessments of hazardous materials releases often underestimate the extent and potential danger of such releases. B. Policy Supplements Regulations CCHS administers Article 1 of Chapter 6.95 of the California Health and Safety Code, often referred to as the “AB 2185" or “Business Plan” program, which requires immediate notification in the event of a hazardous materials release. The fines that can be assessed for not reporting can be up to $25,000 per day and up to one year in jail for the first conviction. Notification to CCHS does not absolve the facility of requisite notifications to other regulatory agencies. CCHS also administers Article 2 of Chapter 6.95 of the California Health and Safety Code, referred to as the California Accidental Release Prevention (CalARP) Program. This policy assists facilities to meet their obligations under these and other laws. C. Community Warning System The CalARP Program requires facilities to determine the potential off-site consequences from accidental releases of a CalARP Program regulated substance. This information has been used in developing emergency response plans for such potential releases and was used to help design the Community Warning System (CWS). The success of the CWS is dependent upon industry’s prompt notification to CCHS. CCHS would like the public to be assured that the CWS will be activated in a timely manner to implement preventive measures, such as sheltering-in-place. (In order to expedite notification, some facilities have CWS terminals on-site and may activate the CWS directly using pre-defined protocols and procedures.) D. Benefits of Prompt Notification and Cooperation Information provided during the initial notification may be preliminary and facilities may not be able to provide completely accurate information. The implementation of this policy is not intended for the need to provide notification to CCHS to impede other emergency response activities related to the release. However, CCHS’s ability to make quick and informed decisions to mitigate the impacts of a release is dependent upon receiving prompt notification and accurate information about the release. Since its adoption in 1991, this policy has improved cooperation and communication between industry, CCHS, and the public during hazardous materials emergency events. CCHS remains committed to ongoing improvement of this policy as industry, CCHS, and the public gain additional experience. E. Changes in this Revision The revisions in this revision of the policy is to make it consistent with the Health and Safety Code, which has February 9, 2016 Official Minutes 786 changed; minor revisions to make the requirements clearer; and redoing Attachment A-1 that is used to assist the businesses to determine the appropriate notification level. In addition to the revised policy, attached is a red lined copy of the existing policy that will show the changes and a copy of the existing attachment A-1. CONSEQUENCE OF NEGATIVE ACTION: The policy will not be consistent with changes that have made to the Health and Safety code requiring notifications and there would be a greater change of notifying incorrectly. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Redlined policy Final Policy Attachment A-1 February 9, 2016 Official Minutes 787 January 7, 2016 Page 1 Contra Costa Health Services HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY I. PURPOSE: The purpose of this Policy is to promote prompt and accurate reporting to Contra Costa Health Services (“CCHS”) of releases or threatened releases of hazardous materials that may result in injury or damage to the community and/or the environment. The primary reason for prompt and accurate notification to CCHS is to enable CCHS to take measures to mitigate the impacts of a hazardous materials release, such as: 1. Dispatching emergency response teams quickly and with the appropriate equipment and personnel 2. Assessing the extent of the release or the potential extent of the release and whether neighboring communities are at risk of exposure 3. Determining whether the Community Warning System should be activated (if not already activated)1 4. Responding to inquiries from the public and the media II. BACKGROUND: A. Origin of Policy The Contra Costa County Board of Supervisors approved the original Hazardous Materials Incident Notification Policy on November 5, 1991. The policy was established in response to incidents, both in Contra Costa County and elsewhere, which demonstrated that preliminary assessments of hazardous materials releases often underestimate the extent and potential danger of such releases. B. Policy Supplements Regulations CCHS administers Article 1 of Chapter 6.95 of the California Health and Safety Code, often referred to as the “AB 2185" or “Business Plan” program, which requires immediate notification in the event of a hazardous materials release. The fines that can be assessed for not reporting can be up to $25,000 per day and up to one year in jail for the first conviction.2 1 Facilities capable of initiating the Community Warning System shall follow the Community Warning System Operating Protocols established for it in addition to this policy. 2 §25515.3 Any person or business that violates Section 25510 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than two thousand dollars ($2,000) February 9, 2016 Official Minutes 788 January 7, 2016 Page 2 Notification to CCHS does not absolve the facility of requisite notifications to other regulatory agencies. CCHS also administers Article 2 of Chapter 6.95 of the California Health and Safety Code, referred to as the California Accidental Release Prevention (CalARP) Program. This policy assists facilities to meet their obligations under these and other laws. C. Community Warning System The CalARP Program requires facilities to determine the potential off-site consequences from accidental releases of a CalARP Program regulated substance. This information has been used in developing emergency response plans for such potential releases and was used to help design the Community Warning System (CWS). The CWS is a computer-integrated alerting and notification system that incorporates safety sirens, emergency responder pagers, Emergency Digital Information System (EDIS), the Emergency Alerting System (EAS), and a telephone emergency notification system (TENS). EDIS, and EAS are different ways of getting messages to emergency responders, including law enforcement, the media, and the National Weather Service (which transmits information to NOAA Weather Radios). The TENS calls households and businesses and transmits short messages about the incident and recommended protective actions. In addition to these tools, the CWS delivers text messages, make phone calls, send e-mail alerts to individuals that register their phones. The CWS alert messages are broadcasted over Facebook and Twitter. Information about an incident can be found during an incident at cococws.us, including the area that is being requested to shelter-in-place. The CWS was developed through the efforts of the Contra Costa County Community Awareness and Emergency Response (“CAER”) Group working cooperatively with CCHS, representatives from local industry, the community, and other regulatory agencies to provide local residents with timely notification of emergencies, including hazardous materials releases. The success of the CWS is dependent upon industry‟s prompt notification to CCHS. CCHS would like the public to be assured that the CWS will be activated in a timely manner to implement preventive measures, such as sheltering-in-place. The CWS may also be activated to allay community concerns when a visible incident occurs, such as an explosion that does not pose a health hazard. (In order to expedite notification, some facilities have CWS terminals on- site and may activate the CWS directly using pre-defined protocols and procedures.) D. Benefits of Prompt Notification and Cooperation or more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment in the state prison for 16, 20, or 24 months or in the county jail for not more than one year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. February 9, 2016 Official Minutes 789 January 7, 2016 Page 3 CCHS is aware that information provided during the initial notification may be preliminary and that facilities may not be able to provide completely accurate information. CCHS also does not intend for the need to provide notification to CCHS to impede other emergency response activities related to the release. However, CCHS‟s ability to make quick and informed decisions to mitigate the impacts of a release is dependent upon receiving prompt notification and accurate information about the release. Since its adoption in 1991, this policy has improved cooperation and communication between industry, CCHS, and the public during hazardous materials emergency events. CCHS remains committed to ongoing improvement of this policy as industry, CCHS, and the public gain additional experience. III. POLICY: A. When Immediate Notification Required. Responsible businesses3 are required to provide immediate notification to CCHS of a release or threatened release in the following situations. 1. General. Immediate notification is required upon discovery of any release or threatened release of a hazardous material that may have or did have the potential for an adverse health effect from exposure to the chemicals release. This can be on-site, or during transport, handling, storage, or loading of such material, via vehicle, rail, pipeline, marine vessel, or aircraft.. 2. Specific Situations. Immediate notification is required in the following situations: a. The release or threatened release of a hazardous material that results in a substantial probability of harm to nearby workers or the general public. This includes all hazardous materials incidents in which medical attention beyond first aid is sought. (Do not delay reporting if the level of treatment is uncertain.) b. The release or threatened release of hazardous materials that may affect the surrounding population including odor, eye or respiratory irritation. c. The event may cause general public concern, such as in cases of fire, explosion, smoke, or excessive flaring. This does not include a non-process fire, such as a grass fire, as long as the non-process fire will not impact a process. d. The release or threatened release may contaminate surface water, groundwater or soil, either on-site (unless the spill is entirely contained and the clean-up is initiated immediately and completed expeditiously) or off-site. 3The term “responsible business” or “business” includes facilities and other entities that have custody of the hazardous material at the time that it is accidentally released, or the facility where the release occurs. For example, a transportation company is the responsible business if the material is released in transit. If there is a release from a transport vehicle when the vehicle is at a fixed facility, the fixed facility is primarily responsible for notifying CCHS under this policy. February 9, 2016 Official Minutes 790 January 7, 2016 Page 4 e. The release or threatened release may cause off-site environmental damage. f. The facility‟s Safety Supervisor or equivalent personnel is placed on alert due to a release or threatened release in the likelihood of an emergency situation, including, but not limited to, emergency shutdowns or major unit start-ups. B. Who to Notify. Immediately notify the CCHS Incident Response Team (on-call 24 hours a day) by any of the following methods 1. Through a CWS communication terminal (this is the preferred method if your facility has a CWS terminal) 2. Directly via emergency response pagers (To receive the pager number, please contact the CCHS Incident Response Team in advance at (925) 335-3200 during normal business hours.) 3. Any time by phone at (925) 335-3232 C. Required Information. Provide the information required by the Facility Incident Checklist (Attachment A). Do not delay the notification due to inability to provide any of the information called for in the Facility Incident Checklist. D. Notification under this policy does not relieve the responsible business from having to comply with any legal requirement to notify other local, state or federal agencies. E. When Notification Not Required. This policy does not require reporting of a release of a hazardous material that clearly does not meet any of the criteria described in Subsection A, above. Examples of such situations are: 1. Ambulance calls not associated with hazardous materials incidents (e.g., falling off of a ladder). 2. Incidental release. 3. Small spills where the spill is contained, and where it is clear that none of the situations described in Subsection A apply. Spill containment means: a. The spilled material is caught in a fixed berm or dike or other impermeable surface, or is contained by using effective spill control measures (NOTE: Petroleum refineries (only) the petroleum spill is less than 150 gallons.); b. All of the spilled material is prevented from contaminating surface or groundwater; and c. The spill does not pose a substantial probability of adverse health effects to the general public 4. Non-process fires or incidents, such as a grass fire, where a process is not expected to be impacted. February 9, 2016 Official Minutes 791 January 7, 2016 Page 5 F. Follow-up Reporting of a Hazardous Materials Release. 1. For all Level 2 and Level 3 incidents (as defined in Attachment A-1), or upon request of CCHS, a written follow-up report of the incident shall be submitted within 72- hours. (If the due date falls on a weekend or holiday, the Director of Hazardous Materials Programs may allow the report to be submitted on the next business day.) The report shall confirm, modify and/or update the information provided in the initial notification (Facility Incident Checklist). The report shall be submitted on the 72- Hour Follow-Up Report Form (Attachment B). A hard copy and electronic copy of the report should be submitted. 2. A written final report of the incident shall be made to CCHS as soon as practicable, but no later than 30 calendar days from the date of the release, for all Level 2 and Level 3 incidents and for any incident for which CCHS requests such a report. If the investigation has not been completed within 30 calendar days, an interim report shall be submitted and a final report submitted when the investigation is completed. The facility shall give written monthly status reports of the incident investigation, which is submitted the last business day of the month following the 30-day report, until the incident investigation is complete and the final report has been issued to CCHS. Refer to Attachment C for the 30-Day Final Incident Report format. A hard and an electronic copy of the 30-day and subsequent reports should be submitted. 3. All “Major Chemical Accidents or Releases” (defined at County Ordinance Code section 450-8.014(h)) should be investigated using root cause investigation methodology. CCHS will either participate in or closely monitor the investigation. (County Ordinance Code, §450.8.016(c)(1).) 4. If the release requires a written emergency release follow-up report to be submitted to the Chemical Emergency Planning and Response Commission pursuant to section 2705(b) of Title 19 of the California Code of Regulations, a copy of such report shall be sent to CCHS within 15 calendar days. 5. A facility may elect to include with the 30-Day Incident Report Form (Attachment C) a brief narrative of how this incident relates to any of the prevention programs required by CalARP Program regulations and described in the CCHS CalARP Program guidance document. 6. Reports should be sent to the following address: Contra Costa Hazardous Materials Programs ATTENTION: Randall L. Sawyer Chief Environmental Health and Hazardous Materials Officer 4585 Pacheco Boulevard, Suite 100 Martinez, CA 94553 IV. REFERENCES: California Health and Safety Code Chapter 6.95 (§25500 et seq.); Title 19 Cal. Code Regs §2703 et seq.; County Ordinance Code Chapter 450.8. (Californian Public February 9, 2016 Official Minutes 792 January 7, 2016 Page 6 Utilities Commission Decision 91-08-019/R.88-07-039 requires similar notification for rail accidents.) Bd approved 11/5/91 Revised Bd Approved 1/93 Revised Bd Approved 6/19/01 Revised Bd Approval 12/14/04 February 9, 2016 Official Minutes 793 January 7, 2016 Page 7 Figure 1. CCHS Hazardous Materials Incident Notification Policy Flowchart DISCOVERY OF HAZARDOUS MATERIALS RELEASE IMMEDIATE NOTIFICATION TO CCHS by TELEPHONE, PAGER, AND/OR CWS NO FURTHER ACTION REQUIRED PROVIDE INFORMATION IN ATTACHMENT „A‟ WRITTEN FOLLOWUP REPORT TO CCHS WITHIN 72-HOURS SUBMIT INTERIM REPORT(S) SUBMIT FINAL REPORT (ATTACHMENT „C‟) (cont.) N Y Y N Y N Y DOES Event MEET NOTIFICATION REQMNTS? IS RELEASE EITHER LEVEL 0 OR 1LEVEL 1? CCHS REQUEST FOLLOWUP REPORT? INVESTIGATION BEEN COMPLETED WITHIN 30 DAYS? N FOR INITIAL RESPONSE ONLY APPLICABLE TO 72-HOUR REPORT APPLICABLE TO 30-DAY REPORT February 9, 2016 Official Minutes 794 January 7, 2016 Page 8 1 as per Section 2705(b) of Title 19 CCR. 2 Contra Costa County Ordinance Code Chapter 450-8.016(c)(1) (where applicable) SUBMIT APPROPRIATE REPORT TO CCHS WITHIN 15 DAYS NO FURTHER ACTION REQUIRED INVESTIGATE INCIDENT USING ROOT CAUSE METHOD, IN CONJUNCTION WITH CCHS2 N N Y Y (Figure 1, cont.) IS FOLLOWUP REPORT TO STATE OES REQUIRED?1 IS INCIDENT MAJOR CHEMICAL ACCIDENT OR RELEASE? February 9, 2016 Official Minutes 795 January 7, 2016 Page 9 ATTACHMENT A FACILITY INCIDENT CHECKLIST (Questions asked by the HazMat Response Team) Date: Time: Initial:  A. Call/Page CCC Hazardous Materials Programs Division [Phone: (925) 335-3232, Pager:_______________] INFORMATION NEEDED IMMEDIATELY (IF KNOWN)  B. State your name and identify your facility and its address.  C. State your phone number or a number with immediate access to an individual who can answer further questions from CCHS. (No voice mail phone numbers.)  D. State the Community Warning System (CWS) Plant Reporting Classification Level (0, 1, 2 or 3): (See Attachment A-1).  E. Has the material gone off-site? Yes/ No/ Unknown. _______If yes, what area is being impacted? What is the direction of flow? _________ Is there any impact to storm drains or surface waters?  F. Have TENS Zones been activated? Yes/No? If yes, which TENS Zones have been activated? If no, which TENS Zones should be activated, if any?  G. State, if known, the chemical or material released and describe the physical state (solid, liquid, gas and/or vapor). Has this been verified? Yes/No/ Unknown _____________________________  H. Have you received any public complaints? Yes/ No/ Unknown. ________________________  I. State wind direction out of (from) the __________ to the __________and degrees if known. [e.g., “Wind is blowing from the Northwest (300°) to the Southeast (120°)].  J. State wind speed. __________ (If wind speed is unknown, inform CCHS whether the wind is blowing significantly or not.) INFORMATION NEEDED AS SOON AS PRACTICABLE  K. Are there any injuries on-site or off-site? Yes/No/Unknown__________  L. State the on-site contact person and gate number or address to which the CCHS Incident Response (IR) Team should respond.____________________________________________  M. Are any sensitive receptors or subdivisions nearby? (e.g., School/ Day Care facilities/Hospitals/ Nursing Homes)____________________________________________________  N. Has the facility‟s “Emergency Operations Center” or emergency response staff been activated? Yes/ No/ Unknown __________________________________________________________  O. State estimated quantity of chemical released (over-estimate rather than under-estimate release) _________  P. Have other agencies been notified? Yes/ No. ______________ If yes, state list.  Q. Is there potential for involvement of other hazardous materials due to the proximity to the incident? February 9, 2016 Official Minutes 796 January 7, 2016 Page 10 ATTACHMENT A-1 On-Site Only On/Off Site On/Off Site On/Off Site Level 0 Level 1 Level 2 Level 3 Scope Hazardous Materials releases, or potential releases, that are limited to - On-Site, and - no Off-Site consequences. Hazardous Materials releases, or potential releases, that are limited to - On-Site, and - Possible Off-Site consequences. Hazardous Materials releases, or potential releases, that - has been or expected to go Off-Site, and - may have adverse health consequences for those with sensitivities. Hazardous Materials releases, or potential releases, that - has been or expected to go Off-Site, and - may have adverse health consequences for the general public. Guidelines - A release expected to pose an immediate threat to the health and safety of people in the affected area onsite (release is more than an instantaneous release or a puff) - A potential release due to process unit startups and shut downs, - Three or more unconfirmed offsite odor complaints within an hour. - Spill or release that may meet an RQ requirement that does not meet requirements of L2 or L3, - Fire/smoke/plume visible from offsite (does not include fire training exercises) - A fire beyond the incipient stage - Three or more offsite odor complaints within an hour, odors confirmed as originating onsite, - Flaring that could raise concerns from the community. - Fire/explosion/pressure wave/smoke/plume that may cause off-site adverse health consequences for those with sensitivities - Fire/explosion/smoke/plume that may cause off-site adverse health consequences for the general public, * Hazardous material or fire incident where the Incident Commander or Unified Command through consultation with Contra Costa Health Services HAZMAT Incident Response Team requires the sirens to be sounded NOTE: When in doubt of Level of Activation, always default to the higher level of activation. February 9, 2016 Official Minutes 797 January 7, 2016 Page 11 ATTACHMENT B 72 HOUR FOLLOW-UP NOTIFICATION REPORT FORM CONTRA COSTA HEALTH SERVICES INSTRUCTIONS:A hardcopy and an electronic copy of this report is to be submitted for all Level 2 and 3 incidents or when requested by CCHS. See Attachment B-1 for suggestions regarding the type of information to be included in the report. Attach additional sheets as necessary. Forward the completed form to: ATTENTION: Randall L. Sawyer Chief Environmental Health and Hazardous Materials Officer Contra Costa Hazardous Materials Programs 4585 Pacheco Boulevard, Suite 100 Martinez, CA 94553 INCIDENT DATE: _________________________________ INCIDENT TIME: _________________________________ FACILITY: _________________________________ PERSON TO CONTACT FOR ADDITIONAL INFORMATION ____________________________________________ Phone number _____________ I. SUMMARY OF EVENT: II. AGENCIES NOTIFIED, INCLUDING TIME OF NOTIFICATION: III. AGENCIES RESPONDING, INCLUDING CONTACT NAMES AND PHONE NUMBERS: IV. EMERGENCY RESPONSE ACTIONS: V. IDENTITY OF MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES: For CCHS Use Only: Received By: __________________ Date Received: _________________ Incident Number: _______________ Copied To: ____________________ Event Classification Level: _______ February 9, 2016 Official Minutes 798 January 7, 2016 Page 12 72-HOUR REPORT, PAGE 2 INCIDENT DATE: _______________________ FACILITY: _______________________ VI. METEOROLOGICAL CONDITIONS AT TIME OF EVENT including wind speed, direction, and temperature: VII. DESCRIPTION OF INJURIES: VIII. COMMUNITY IMPACT including number of off-site complaints, air sampling data during event, etc.: IX. INCIDENT INVESTIGATION RESULTS Is the investigation of the incident complete at this time? ________Yes _________No If the answer is no, submit a 30 day final or interim report. If the answer is yes, complete the following: X. SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT: XI. SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION: February 9, 2016 Official Minutes 799 January 7, 2016 Page 13 ATTACHMENT B-1 72-Hour Report Guidelines The following list suggests items that may be included in the 72-Hour Report to CCHS following an accidental release of a hazardous material. Not all of the items below may be applicable or available at the time of submission. I. Summary of the Event Background Information/ Events Preceding the Incident Incident Summary, including timing of key events Shift Logs, real-time computer/instrument logs, fenceline monitor data, etc. II. Emergency Notifications (include names, phone numbers and times) CCHS Time/ Level of CWS Activation Other Agencies Copy of State OES Emergency Release Follow-Up Notice Reporting Form III. Agencies Responding Agency Person or people responding Contact person with telephone number IV. Emergency Response Actions Mutual Aid Activated? Fire Department Response? V. Material Involved Estimated Quantities CalARP Regulated Substances? Material Safety Data Sheets VI. Meteorological Data (wind speed, direction, temperature, rain/sun, etc.) VII. Injuries (including number, type and severity) VIII. Community Impact Community Complaints Off-Site Consequence Impact Analysis (i.e., injury, property damage, etc.) Sampling Data, including fenceline monitors, if applicable Community Monitoring Results IX. Incident Investigation Procedure Summary Will Root Cause Analysis Be Performed? Investigation Team/ Contact Person(s) Findings/Conclusions - Root Causes - “Safety System” Flaws Corrective Action/ Preventative Measures Description Implementation Dates February 9, 2016 Official Minutes 800 January 7, 2016 Page 14 ATTACHMENT C 30-DAY FOLLOW-UP NOTIFICATION REPORT FORM CONTRA COSTA HEALTH SERVICES INSTRUCTIONS: A hardcopy and an electronic copy of this report is to be submitted for all Level 2 and 3 incidents or when requested by CCHS. See Attachment C-1 for suggestions regarding the type of information to be included in the report. Attach additional sheets as necessary. This form is to be used for update reports after the initial 30-day report has been submitted. Forward the completed form to: ATTENTION: Randall L. Sawyer Chief Environmental Health and Hazardous Materials Officer Contra Costa Hazardous Materials Programs 4585 Pacheco Boulevard, Suite 100 Martinez, CA 94553 INCIDENT DATE: _________________________________ INCIDENT TIME: _________________________________ FACILITY: _________________________________ PERSON TO CONTACT FOR ADDITIONAL INFORMATION ____________________________________________ Phone number _____________ PROVIDE ANY ADDITIONAL INFORMATION THAT WAS NOT INCLUDED IN THE 72- HOUR REPORT WHEN THE 72-HOUR REPORT WAS SUBMITTED, INCLUDING MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES, COMMUNITY IMPACT, INJURIES, ETC.: I. INCIDENT INVESTIGATION RESULTS Is the investigation of the incident complete at this time? ________Yes _________No If the answer is no, when do you expect completion of the Investigation? _______________________ If the answer is yes, complete the following: SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT: SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION: For CCHS Use Only: Received By: __________________ Date Received: _________________ Incident Number: _______________ Copied To: ____________________ Event Classification Level: _______ February 9, 2016 Official Minutes 801 January 7, 2016 Page 15 30-DAY REPORT, PAGE 2 INCIDENT DATE: _______________________ FACILITY: _______________________ STATE AND DESCRIBE THE ROOT-CAUSE(S) OF THE INCIDENT: February 9, 2016 Official Minutes 802 January 7, 2016 Page 16 ATTACHMENT C-1 30-Day Report Guidelines The following outline suggests items in addition to those listed on the 72-Hour report guidelines (Attachments B and B-1) that may be included in the 30-Day Final Report to CCHS following the accidental release of a hazardous material. (Some of the items listed below may not be applicable or available at the time of submission.) I. ADDITIONAL INFORMATION Detailed Event Timeline Correspondence (if determined to be relevant) Relevant History of Incidents with Similar Equipment or Procedures II. INCIDENT INVESTIGATION Findings/Conclusions, including causal factors, contributing factors, and root causes or their equivalent Preliminary Corrective Action/ Preventative Measures Immediate Long-Term Implementation Dates February 9, 2016 Official Minutes 803 January 7, 2016 Page 17 HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY GLOSSARY AND ACRONYMS CalARP – California Accidental Release Prevention Program CAER - Community Awareness and Emergency Response CCHS – Contra Costa Health Services CLERS - California Law Enforcement Radio System CWS - Community Warning System EAS - Emergency Alerting System EDIS - Emergency Digital Information System Environmental damage: detrimental impact on surroundings beyond facility operations. Incidental Release: A release of a hazardous substance which does not pose a significant safety or health hazard to employees in the immediate vicinity or to the employee cleaning it up, nor does it have the potential to become an emergency within a short time frame. NOAA - National Oceanic and Atmospheric Administration Responsible Business: The business that has the custody of the hazardous material when there is an accidental release or the business where the accidental release occurs. Examples are 1) transportation companies when they are off-site from a business is then the responsible business when there is a release from their transport vehicle, 2) if there is a release from a transport vehicle at a fixed facility, then the fixed facility is the responsible business. Root cause investigation: a method for investigating and categorizing the root causes of hazardous materials incidents with safety, health, AND environmental impacts. Root causes are the most basic causes that can reasonably be identified, that management has control to fix, and for which effective recommendations for preventing recurrence can be generated. Safety supervisor: facility employee(s) responsible for coordinating and/or implementing emergency response activities. Note: This position may be incident specific. Telephone Emergency Notification System (TENS): The automated telephone calling system that notifies the community downwind during an incident. February 9, 2016 Official Minutes 804 January 7, 2016 Page 18 February 9, 2016 Official Minutes 805 January 22, 2016 Page 1 Contra Costa Health Services HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY I. PURPOSE: The purpose of this Policy is to promote prompt and accurate reporting to Contra Costa Health Services (“CCHS”) of releases or threatened releases of hazardous materials that may result in injury or damage to the community and/or the environment. The primary reason for prompt and accurate notification to CCHS is to enable CCHS to take measures to mitigate the impacts of a hazardous materials release, such as: 1. Dispatching emergency response teams quickly and with the appropriate equipment and personnel 2. Assessing the extent of the release or the potential extent of the release and whether neighboring communities are at risk of exposure 3. Determining whether the Community Warning System should be activated (if not already activated)1 4. Responding to inquiries from the public and the media II. BACKGROUND: A. Origin of Policy The Contra Costa County Board of Supervisors approved the original Hazardous Materials Incident Notification Policy on November 5, 1991. The policy was established in response to incidents, both in Contra Costa County and elsewhere, which demonstrated that preliminary assessments of hazardous materials releases often underestimate the extent and potential danger of such releases. B. Policy Supplements Regulations CCHS administers Article 1 of Chapter 6.95 of the California Health and Safety Code, often referred to as the “AB 2185" or “Business Plan” program, which requires immediate notification in the event of a hazardous materials release.2 The fines that can be assessed for not 1 Facilities capable of initiating the Community Warning System shall follow the Community Warning System Operating Protocols established for it in addition to this policy. 2 Health and Safety Code Division 20, Chapter 6.95, Section 25510(a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted pursuant to this section. The handler or an employee, authorized representative, agent, or designee of the handler shall provide all state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler‟s facilities. February 9, 2016 Official Minutes 806 January 22, 2016 Page 2 reporting can be up to $25,000 per day and up to one year in jail for the first conviction.3 Notification to CCHS does not absolve the facility of requisite notifications to other regulatory agencies. CCHS also administers Article 2 of Chapter 6.95 of the California Health and Safety Code, referred to as the California Accidental Release Prevention (CalARP) Program. This policy assists facilities to meet their obligations under these and other laws. C. Community Warning System The CalARP Program requires facilities to determine the potential off-site consequences from accidental releases of a CalARP Program regulated substance. This information has been used in developing emergency response plans for such potential releases and was used to help design the Community Warning System (CWS). The CWS is a computer-integrated alerting and notification system that incorporates safety sirens, emergency responder pagers, Emergency Digital Information System (EDIS), the Emergency Alerting System (EAS), and a telephone emergency notification system (TENS). EDIS, and EAS are different ways of getting messages to emergency responders, including law enforcement, the media, and the National Weather Service (which transmits information to NOAA Weather Radios). The TENS calls households and businesses and transmits short messages about the incident and recommended protective actions. In addition to these tools, the CWS delivers text messages, make phone calls, send e-mail alerts to individuals that register their phones. The CWS alert messages are broadcasted over Facebook and Twitter. Information about an incident can be found during an incident at cococws.us, including the area that is being requested to shelter-in-place. The CWS was developed through the efforts of the Contra Costa County Community Awareness and Emergency Response (“CAER”) Group working cooperatively with CCHS, representatives from local industry, the community, and other regulatory agencies to provide local residents with timely notification of emergencies, including hazardous materials releases. The success of the CWS is dependent upon industry‟s prompt notification to CCHS. CCHS would like the public to be assured that the CWS will be activated in a timely manner to implement preventive measures, such as sheltering-in-place. The CWS may also be activated to 3 §25515.3 Any person or business that violates Section 25510 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment in the state prison for 16, 20, or 24 months or in the county jail for not more than one year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. February 9, 2016 Official Minutes 807 January 22, 2016 Page 3 allay community concerns when a visible incident occurs, such as an explosion that does not pose a health hazard. (In order to expedite notification, some facilities have CWS terminals on- site and may activate the CWS directly using pre-defined protocols and procedures.) D. Benefits of Prompt Notification and Cooperation CCHS is aware that information provided during the initial notification may be preliminary and that facilities may not be able to provide completely accurate information. CCHS also does not intend for the need to provide notification to CCHS to impede other emergency response activities related to the release. However, CCHS‟s ability to make quick and informed decisions to mitigate the impacts of a release is dependent upon receiving prompt notification and accurate information about the release. Since its adoption in 1991, this policy has improved cooperation and communication between industry, CCHS, and the public during hazardous materials emergency events. CCHS remains committed to ongoing improvement of this policy as industry, CCHS, and the public gain additional experience. III. POLICY: A. When Immediate Notification Required. Responsible businesses4 are required to provide immediate notification to CCHS of a release or threatened release in the following situations. 1. General. Immediate notification is required upon discovery of any release or threatened release of a hazardous material that may have or did have the potential for an adverse health effect from exposure to the chemicals release. This can be on-site, or during transport, handling, storage, or loading of such material, via vehicle, rail, pipeline, marine vessel, or aircraft.. 2. Specific Situations. Immediate notification is required in the following situations: a. The release or threatened release of a hazardous material that results in a substantial probability of harm to nearby workers or the general public. This includes all hazardous materials incidents in which medical attention beyond first aid is sought. (Do not delay reporting if the level of treatment is uncertain.) b. The release or threatened release of hazardous materials that may affect the surrounding population including odor, eye or respiratory irritation. 4The term “responsible business” or “business” includes facilities and other entities that have custody of the hazardous material at the time that it is accidentally released, or the facility where the release occurs. For example, a transportation company is the responsible business if the material is released in transit. If there is a release from a transport vehicle when the vehicle is at a fixed facility, the fixed facility is primarily responsible for notifying CCHS under this policy. February 9, 2016 Official Minutes 808 January 22, 2016 Page 4 c. The event may cause general public concern, such as in cases of fire, explosion, smoke, or excessive flaring. This does not include a non-process fire, such as a grass fire, as long as the non-process fire will not impact a process. d. The release or threatened release may contaminate surface water, groundwater or soil, either on-site (unless the spill is entirely contained and the clean-up is initiated immediately and completed expeditiously) or off-site. e. The release or threatened release may cause off-site environmental damage. f. The facility‟s Safety Supervisor or equivalent personnel is placed on alert due to a release or threatened release in the likelihood of an emergency situation, including, but not limited to, emergency shutdowns or major unit start-ups. B. Who to Notify. Immediately notify the CCHS Incident Response Team (on-call 24 hours a day) by any of the following methods 1. Through a CWS communication terminal (this is the preferred method if your facility has a CWS terminal) 2. Directly via emergency response pagers (To receive the pager number, please contact the CCHS Incident Response Team in advance at (925) 335-3200 during normal business hours.) 3. Any time by phone at (925) 335-3232 C. Required Information. Provide the information required by the Facility Incident Checklist (Attachment A). Do not delay the notification due to inability to provide any of the information called for in the Facility Incident Checklist. D. Notification under this policy does not relieve the responsible business from having to comply with any legal requirement to notify other local, state or federal agencies. E. When Notification Not Required. This policy does not require reporting of a release of a hazardous material that clearly does not meet any of the criteria described in Subsection A, above. Examples of such situations are: 1. Ambulance calls not associated with hazardous materials incidents (e.g., falling off of a ladder). 2. Incidental release. 3. Small spills where the spill is contained, and where it is clear that none of the situations described in Subsection A apply. Spill containment means: a. The spilled material is caught in a fixed berm or dike or other impermeable surface, or is contained by using effective spill control measures (NOTE: Petroleum refineries (only) the petroleum spill is less than 150 gallons.); b. All of the spilled material is prevented from contaminating surface or February 9, 2016 Official Minutes 809 January 22, 2016 Page 5 groundwater; and c. The spill does not pose a substantial probability of adverse health effects to the general public 4. Non-process fires or incidents, such as a grass fire, where a process is not expected to be impacted. F. Follow-up Reporting of a Hazardous Materials Release. 1. For all Level 2 and Level 3 incidents (as defined in Attachment A-1), or upon request of CCHS, a written follow-up report of the incident shall be submitted within 72- hours. (If the due date falls on a weekend or holiday, the Director of Hazardous Materials Programs may allow the report to be submitted on the next business day.) The report shall confirm, modify and/or update the information provided in the initial notification (Facility Incident Checklist). The report shall be submitted on the 72- Hour Follow-Up Report Form (Attachment B). A hard copy and electronic copy of the report should be submitted. 2. A written final report of the incident shall be made to CCHS as soon as practicable, but no later than 30 calendar days from the date of the release, for all Level 2 and Level 3 incidents and for any incident for which CCHS requests such a report. If the investigation has not been completed within 30 calendar days, an interim report shall be submitted and a final report submitted when the investigation is completed. The facility shall give written monthly status reports of the incident investigation, which is submitted the last business day of the month following the 30-day report, until the incident investigation is complete and the final report has been issued to CCHS. Refer to Attachment C for the 30-Day Final Incident Report format. A hard and an electronic copy of the 30-day and subsequent reports should be submitted. 3. All “Major Chemical Accidents or Releases” (defined at County Ordinance Code section 450-8.014(h)) should be investigated using root cause investigation methodology. CCHS will either participate in or closely monitor the investigation. (County Ordinance Code, §450.8.016(c)(1).) 4. If the release requires a written emergency release follow-up report to be submitted to the Chemical Emergency Planning and Response Commission pursuant to section 2705(b) of Title 19 of the California Code of Regulations, a copy of such report shall be sent to CCHS within 15 calendar days. 5. A facility may elect to include with the 30-Day Incident Report Form (Attachment C) a brief narrative of how this incident relates to any of the prevention programs required by CalARP Program regulations and described in the CCHS CalARP Program guidance document. 6. Reports should be sent to the following address: Contra Costa Hazardous Materials Programs ATTENTION: Randall L. Sawyer February 9, 2016 Official Minutes 810 January 22, 2016 Page 6 Chief Environmental Health and Hazardous Materials Officer 4585 Pacheco Boulevard, Suite 100 Martinez, CA 94553 IV. REFERENCES: California Health and Safety Code Chapter 6.95 (§25500 et seq.); Title 19 Cal. Code Regs §2703 et seq.; County Ordinance Code Chapter 450.8. (Californian Public Utilities Commission Decision 91-08-019/R.88-07-039 requires similar notification for rail accidents.) Bd approved 11/5/91 Revised Bd Approved 1/93 Revised Bd Approved 6/19/01 Revised Bd Approval 12/14/04 Revised Bd Approved February 9, 2016 Official Minutes 811 January 22, 2016 Page 7 Figure 1. CCHS Hazardous Materials Incident Notification Policy Flowchart DISCOVERY OF HAZARDOUS MATERIALS RELEASE IMMEDIATE NOTIFICATION TO CCHS by TELEPHONE, PAGER, AND/OR CWS NO FURTHER ACTION REQUIRED PROVIDE INFORMATION IN ATTACHMENT „A‟ WRITTEN FOLLOWUP REPORT TO CCHS WITHIN 72-HOURS SUBMIT INTERIM REPORT(S) SUBMIT FINAL REPORT (ATTACHMENT „C‟) (cont.) N Y Y N Y N Y DOES Event MEET NOTIFICATION REQMNTS? IS RELEASE EITHER LEVEL 0 OR 1LEVEL 1? CCHS REQUEST FOLLOWUP REPORT? INVESTIGATION BEEN COMPLETED WITHIN 30 DAYS? N FOR INITIAL RESPONSE ONLY APPLICABLE TO 72-HOUR REPORT APPLICABLE TO 30-DAY REPORT February 9, 2016 Official Minutes 812 January 22, 2016 Page 8 1 as per Section 2705(b) of Title 19 CCR. 2 Contra Costa County Ordinance Code Chapter 450-8.016(c)(1) (where applicable) SUBMIT APPROPRIATE REPORT TO CCHS WITHIN 15 DAYS NO FURTHER ACTION REQUIRED INVESTIGATE INCIDENT USING ROOT CAUSE METHOD, IN CONJUNCTION WITH CCHS2 N N Y Y (Figure 1, cont.) IS FOLLOWUP REPORT TO STATE OES REQUIRED?1 IS INCIDENT MAJOR CHEMICAL ACCIDENT OR RELEASE? February 9, 2016 Official Minutes 813 January 22, 2016 Page 9 ATTACHMENT A FACILITY INCIDENT CHECKLIST (Questions asked by the HazMat Response Team) Date: Time: Initial:  A. Call/Page CCC Hazardous Materials Programs Division [Phone: (925) 335-3232, Pager:_______________] INFORMATION NEEDED IMMEDIATELY (IF KNOWN)  B. State your name and identify your facility and its address.  C. State your phone number or a number with immediate access to an individual who can answer further questions from CCHS. (No voice mail phone numbers.)  D. State the Community Warning System (CWS) Plant Reporting Classification Level (0, 1, 2 or 3): (See Attachment A-1).  E. Has the material gone off-site? Yes/ No/ Unknown. _______If yes, what area is being impacted? What is the direction of flow? _________ Is there any impact to storm drains or surface waters?  F. Have TENS Zones been activated? Yes/No? If yes, which TENS Zones have been activated? If no, which TENS Zones should be activated, if any?  G. State, if known, the chemical or material released and describe the physical state (solid, liquid, gas and/or vapor). Has this been verified? Yes/No/ Unknown _____________________________  H. Have you received any public complaints? Yes/ No/ Unknown. ________________________  I. State wind direction out of (from) the __________ to the __________and degrees if known. [e.g., “Wind is blowing from the Northwest (300°) to the Southeast (120°)].  J. State wind speed. __________ (If wind speed is unknown, inform CCHS whether the wind is blowing significantly or not.) INFORMATION NEEDED AS SOON AS PRACTICABLE  K. Are there any injuries on-site or off-site? Yes/No/Unknown__________  L. State the on-site contact person and gate number or address to which the CCHS Incident Response (IR) Team should respond.____________________________________________  M. Are any sensitive receptors or subdivisions nearby? (e.g., School/ Day Care facilities/Hospitals/ Nursing Homes)____________________________________________________  N. Has the facility‟s “Emergency Operations Center” or emergency response staff been activated? Yes/ No/ Unknown __________________________________________________________  O. State estimated quantity of chemical released (over-estimate rather than under-estimate release) _________  P. Have other agencies been notified? Yes/ No. ______________ If yes, state list.  Q. Is there potential for involvement of other hazardous materials due to the proximity to the incident? February 9, 2016 Official Minutes 814 January 22, 2016 Page 10 ATTACHMENT A-1 On-Site Only On/Off Site On/Off Site On/Off Site Level 0 Level 1 Level 2 Level 3 Scope Hazardous Materials releases, or potential releases, that are limited to - On-Site, and - no Off-Site consequences. Hazardous Materials releases, or potential releases, that are limited to - On-Site, and - Possible Off-Site consequences. Hazardous Materials releases, or potential releases, that - has been or expected to go Off-Site, and - may have adverse health consequences for those with sensitivities. Hazardous Materials releases, or potential releases, that - has been or expected to go Off-Site, and - may have adverse health consequences for the general public. Guidelines - A release expected to pose an immediate threat to the health and safety of people in the affected area onsite (release is more than an instantaneous release or a puff) - A potential release due to process unit startups and shut downs, - Three or more unconfirmed offsite odor complaints within an hour. - Spill or release that may meet an RQ requirement that does not meet requirements of L2 or L3, - Fire/smoke/plume visible from offsite (does not include fire training exercises) - A fire beyond the incipient stage - Three or more offsite odor complaints within an hour, odors confirmed as originating onsite, - Flaring that could raise concerns from the community. - Fire/explosion/pressure wave/smoke/plume that may cause off-site adverse health consequences for those with sensitivities - Fire/explosion/smoke/plume that may cause off-site adverse health consequences for the general public, * Hazardous material or fire incident where the Incident Commander or Unified Command through consultation with Contra Costa Health Services HAZMAT Incident Response Team requires the sirens to be sounded NOTE: When in doubt of Level of Activation, always default to the higher level of activation. February 9, 2016 Official Minutes 815 January 22, 2016 Page 11 ATTACHMENT B 72 HOUR FOLLOW-UP NOTIFICATION REPORT FORM CONTRA COSTA HEALTH SERVICES INSTRUCTIONS:A hardcopy and an electronic copy of this report is to be submitted for all Level 2 and 3 incidents or when requested by CCHS. See Attachment B-1 for suggestions regarding the type of information to be included in the report. Attach additional sheets as necessary. Forward the completed form to: ATTENTION: Randall L. Sawyer Chief Environmental Health and Hazardous Materials Officer Contra Costa Hazardous Materials Programs 4585 Pacheco Boulevard, Suite 100 Martinez, CA 94553 INCIDENT DATE: _________________________________ INCIDENT TIME: _________________________________ FACILITY: _________________________________ PERSON TO CONTACT FOR ADDITIONAL INFORMATION ____________________________________________ Phone number _____________ I. SUMMARY OF EVENT: II. AGENCIES NOTIFIED, INCLUDING TIME OF NOTIFICATION: III. AGENCIES RESPONDING, INCLUDING CONTACT NAMES AND PHONE NUMBERS: IV. EMERGENCY RESPONSE ACTIONS: V. IDENTITY OF MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES: For CCHS Use Only: Received By: __________________ Date Received: _________________ Incident Number: _______________ Copied To: ____________________ Event Classification Level: _______ February 9, 2016 Official Minutes 816 January 22, 2016 Page 12 72-HOUR REPORT, PAGE 2 INCIDENT DATE: _______________________ FACILITY: _______________________ VI. METEOROLOGICAL CONDITIONS AT TIME OF EVENT including wind speed, direction, and temperature: VII. DESCRIPTION OF INJURIES: VIII. COMMUNITY IMPACT including number of off-site complaints, air sampling data during event, etc.: IX. INCIDENT INVESTIGATION RESULTS Is the investigation of the incident complete at this time? ________Yes _________No If the answer is no, submit a 30 day final or interim report. If the answer is yes, complete the following: X. SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT: XI. SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION: February 9, 2016 Official Minutes 817 January 22, 2016 Page 13 ATTACHMENT B-1 72-Hour Report Guidelines The following list suggests items that may be included in the 72-Hour Report to CCHS following an accidental release of a hazardous material. Not all of the items below may be applicable or available at the time of submission. I. Summary of the Event Background Information/ Events Preceding the Incident Incident Summary, including timing of key events Shift Logs, real-time computer/instrument logs, fenceline monitor data, etc. II. Emergency Notifications (include names, phone numbers and times) CCHS Time/ Level of CWS Activation Other Agencies Copy of State OES Emergency Release Follow-Up Notice Reporting Form III. Agencies Responding Agency Person or people responding Contact person with telephone number IV. Emergency Response Actions Mutual Aid Activated? Fire Department Response? V. Material Involved Estimated Quantities CalARP Regulated Substances? Material Safety Data Sheets VI. Meteorological Data (wind speed, direction, temperature, rain/sun, etc.) VII. Injuries (including number, type and severity) VIII. Community Impact Community Complaints Off-Site Consequence Impact Analysis (i.e., injury, property damage, etc.) Sampling Data, including fenceline monitors, if applicable Community Monitoring Results IX. Incident Investigation Procedure Summary Will Root Cause Analysis Be Performed? Investigation Team/ Contact Person(s) Findings/Conclusions - Root Causes - “Safety System” Flaws Corrective Action/ Preventative Measures Description Implementation Dates February 9, 2016 Official Minutes 818 January 22, 2016 Page 14 ATTACHMENT C 30-DAY FOLLOW-UP NOTIFICATION REPORT FORM CONTRA COSTA HEALTH SERVICES INSTRUCTIONS: A hardcopy and an electronic copy of this report is to be submitted for all Level 2 and 3 incidents or when requested by CCHS. See Attachment C-1 for suggestions regarding the type of information to be included in the report. Attach additional sheets as necessary. This form is to be used for update reports after the initial 30-day report has been submitted. Forward the completed form to: ATTENTION: Randall L. Sawyer Chief Environmental Health and Hazardous Materials Officer Contra Costa Hazardous Materials Programs 4585 Pacheco Boulevard, Suite 100 Martinez, CA 94553 INCIDENT DATE: _________________________________ INCIDENT TIME: _________________________________ FACILITY: _________________________________ PERSON TO CONTACT FOR ADDITIONAL INFORMATION ____________________________________________ Phone number _____________ PROVIDE ANY ADDITIONAL INFORMATION THAT WAS NOT INCLUDED IN THE 72- HOUR REPORT WHEN THE 72-HOUR REPORT WAS SUBMITTED, INCLUDING MATERIAL RELEASED AND ESTIMATED OR KNOWN QUANTITIES, COMMUNITY IMPACT, INJURIES, ETC.: I. INCIDENT INVESTIGATION RESULTS Is the investigation of the incident complete at this time? ________Yes _________No If the answer is no, when do you expect completion of the Investigation? _______________________ If the answer is yes, complete the following: SUMMARIZE INVESTIGATION RESULTS BELOW OR ATTACH COPY OF REPORT: SUMMARIZE PREVENTATIVE MEASURES TO BE TAKEN TO PREVENT RECURRENCE INCLUDING MILESTONE AND COMPLETION DATES FOR IMPLEMENTATION: For CCHS Use Only: Received By: __________________ Date Received: _________________ Incident Number: _______________ Copied To: ____________________ Event Classification Level: _______ February 9, 2016 Official Minutes 819 January 22, 2016 Page 15 30-DAY REPORT, PAGE 2 INCIDENT DATE: _______________________ FACILITY: _______________________ STATE AND DESCRIBE THE ROOT-CAUSE(S) OF THE INCIDENT: February 9, 2016 Official Minutes 820 January 22, 2016 Page 16 ATTACHMENT C-1 30-Day Report Guidelines The following outline suggests items in addition to those listed on the 72-Hour report guidelines (Attachments B and B-1) that may be included in the 30-Day Final Report to CCHS following the accidental release of a hazardous material. (Some of the items listed below may not be applicable or available at the time of submission.) I. ADDITIONAL INFORMATION Detailed Event Timeline Correspondence (if determined to be relevant) Relevant History of Incidents with Similar Equipment or Procedures II. INCIDENT INVESTIGATION Findings/Conclusions, including causal factors, contributing factors, and root causes or their equivalent Preliminary Corrective Action/ Preventative Measures Immediate Long-Term Implementation Dates February 9, 2016 Official Minutes 821 January 22, 2016 Page 17 HAZARDOUS MATERIALS INCIDENT NOTIFICATION POLICY GLOSSARY AND ACRONYMS CalARP – California Accidental Release Prevention Program CAER - Community Awareness and Emergency Response CCHS – Contra Costa Health Services CLERS - California Law Enforcement Radio System CWS - Community Warning System EAS - Emergency Alerting System EDIS - Emergency Digital Information System Environmental damage: detrimental impact on surroundings beyond facility operations. Incidental Release: A release of a hazardous substance which does not pose a significant safety or health hazard to employees in the immediate vicinity or to the employee cleaning it up, nor does it have the potential to become an emergency within a short time frame. NOAA - National Oceanic and Atmospheric Administration Responsible Business: The business that has the custody of the hazardous material when there is an accidental release or the business where the accidental release occurs. Examples are 1) transportation companies when they are off-site from a business is then the responsible business when there is a release from their transport vehicle, 2) if there is a release from a transport vehicle at a fixed facility, then the fixed facility is the responsible business. Root cause investigation: a method for investigating and categorizing the root causes of hazardous materials incidents with safety, health, AND environmental impacts. Root causes are the most basic causes that can reasonably be identified, that management has control to fix, and for which effective recommendations for preventing recurrence can be generated. Safety supervisor: facility employee(s) responsible for coordinating and/or implementing emergency response activities. Note: This position may be incident specific. Telephone Emergency Notification System (TENS): The automated telephone calling system that notifies the community downwind during an incident. February 9, 2016 Official Minutes 822 January 22, 2016 Page 18 February 9, 2016 Official Minutes 823 ATTACHMENT A-1 HAZARDOUS MATERIAL REPORTING CLASSIFICATION LEVELS LEVEL 0: Easily contained and controlled by plant personnel is informational only, on- site only, no offsite consequences, not detectable offsite and is categorized by any of the following: 1. Safety Supervisor, or equivalent, is placed on alert due to a release or threatened release resulting from an emergency situation, including, but not limited to, emergency shutdowns or major unit start-ups. 2. Uncontained liquid spill. (For petroleum material, the spill is more than three 55-gallon drums—165 gallons—and does not meet any of requirements for notification listed in levels 1 - 3.) 3. Three (3) or more unconfirmed odor complaints within an hour. 4. Vapor release that is not expected to pose an immediate threat to the health and safety of people in the affected area. The release is more than instantaneous or a “puff.” LEVEL 1: On-site, possible offsite, no health impact expected and categorized by any of the following: 1. Confirmed (3 or more odor complaints within one hour and substantiated by plant personnel as an on- site problem) off-site odor from facility. 2. Fire/smoke which requires a response from workers outside the immediate area, but not visible off-site. 3. Excess flaring (flaring that occurs when the conditions are not normal and because of the flame could raise concerns from the community). 4. Spill or release incident that meets an RQ (Reportable Quantity) requirement and does not meet any of the requirements of Level 2 or 3. 5. Fire/smoke/plume (other than steam) visible from an off-site location (does not include fire training exercises). LEVEL 2: Offsite impact with possible health impact and categorized by any of the following: 1. Off-site impact where eye, skin, nose and/or respiratory irritation may be possible for individuals with respiratory sensitivities. 2. Explosion with noise/pressure wave impact off-site. 3. Fire/smoke/plume (other than steam) leaving or expected to leave site. LEVEL 3: Offsite impact and categorized by any of the following: 1. Off-site impact that may cause eye, skin, nose and/or respiratory irritation to the general population. 2. Fire, explosion, heat, or smoke with an off-site impact. Example: On a process unit/storage tank where mutual aid is requested to mitigate the event and the fire will last longer than 15 minutes. 3. Hazardous material or fire incident where the incident commander or unified command, through consultation with the Contra Costa Health Services Hazardous Material Incident Response Team, requests that sirens should be sounded. February 9, 2016 Official Minutes 824 RECOMMENDATION(S): 1. APPROVE and AUTHORIZE the County Administrator, or designee, to execute a Master Agreement for Taxing Entity Compensation with the City of Pinole for the distribution of net unrestricted proceeds to be received by the City from the disposition of properties formerly owned by the Pinole Redevelopment Agency, and remitted to the Auditor-Controller for distribution to certain taxing entities. 2. Acting as the Governing Board of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Master Agreement for Taxing Entity Compensation with the City of Pinole for the distribution of net unrestricted proceeds to be received by the City from the disposition of properties formerly owned by the Pinole Redevelopment Agency, and remitted to the Auditor-Controller for distribution to certain taxing entities. 3. Acting as the Governing Board of the Contra Costa County Water Agency, APPROVE and AUTHORIZE the Executive Director, or designee, to execute a Master Agreement for Taxing Entity Compensation with the City of Pinole for the distribution of net unrestricted proceeds to be received by the City from the disposition of properties formerly owned by the Pinole Redevelopment Agency, and remitted to the Auditor-Controller for distribution to certain taxing entities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Timothy M. Ewell (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Hon. Robert R. Campbell, Auditor-Controller C. 90 To:Board of Supervisors From:David Twa, County Administrator Date:February 9, 2016 Contra Costa County Subject:Master Agreement for Taxing Entity Compensation - City of Pinole February 9, 2016 Official Minutes 825 FISCAL IMPACT: No fiscal impact related to this action. This Agreement contemplates potential, future sales of properties owned by the former Pinole Redevelopment Agency, by the City of Pinole and how proceeds remitted to the Auditor-Controller will be calculated for distribution to taxing entities according to the Redevelopment Agency Dissolution laws. BACKGROUND: On November 20, 2015, the California Department of Finance approved the amended Long Range Property Management Plan (the "Plan") submitted by the Successor Agency to the Pinole Redevelopment Agency and approved by the Oversight Board to the Successor Agency. The Plan, inter alia, calls for the Successor Agency to enter into compensation agreements with taxing entities, such as the County and its dependent special districts, pursuant to Health & Safety Code section 34180(f). The compensation agreement is necessary since the Plan contemplates a transfer of properties from the Successor Agency to the City of Pinole for the purpose of selling the properties to developers for development according to the redevelopment plan. Among the properties to be transferred, nine are being transferred for a governmental purpose and eight are being transferred to the City for sale and future development by the purchaser. The County Administrator's Office has been in discussions with the City of Pinole regarding the proposed plans and has determined that it is in the interest of the County, including its dependent special districts, and the City to enter into the attached Compensation Agreement to facilitate implementation of the Plan. Ultimately, the planned development of non-governmental use properties by the City, should result in an increased assessed valuation, and remittance of ad valorem property tax revenues, to all taxing entities within the tax rate area of each parcel. CONSEQUENCE OF NEGATIVE ACTION: The City of Pinole will not be in compliance with the Long Range Asset Management Plan approved by the California Department of Finance. CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS California Department of Finance - Pinole Long-Range Property Management Plan Notice of Determination Pinole Long-Range Property Management Plan Master Agreement for Taxing Entity Compensation February 9, 2016 Official Minutes 826 February 9, 2016 Official Minutes 827 February 9, 2016Official Minutes828 February 9, 2016Official Minutes829 February 9, 2016Official Minutes830 CITY OF PINOLE SUCCESSOR AGENCY AMENDED PROPERTY MANAGEMENT PLAN AB 1484 CLASSIFICATION November 4, 2015 ATTACHMENT B February 9, 2016 Official Minutes 831 Amended Long Range Property Management Plan Successor Agency to the Former Redevelopment Agency of the City of Pinole Introduction As part of the dissolution process of former redevelopment agencies, State Assembly Bill 26 (ABX1 26) required successor agencies to dispose of real property assets owned by former redevelopment agencies “expeditiously and in a manner aimed at maximizing value.” State Assembly Bill 1484 (AB 1484) clarified how successor agencies should dispose of these assets with direction to prepare a Long Range Property Management Plan (LRPMP) governing the disposition and use of the former Agency owned properties to be submitted to their Oversight Board and the State Department of Finance within six months of receiving a Finding of Completion. The Successor Agency to the former Redevelopment Agency of the City of Pinole (Successor Agency) received its Finding of Completion on September 23, 2014, which requires the LRPMP to be submitted no later than March 22, 2015. Section 34191.5 of the Health and Safety Code, which was added by AB 1484, requires that the LRPMP include an inventory and site history of each of the former Agency owned properties as well as a plan for the future use or disposition of each site. AB 1484 allows for four permissible uses of the properties, including the retention of the property for governmental use, the retention of the property for future development, the use of the property to fulfill an enforceable obligation (either through sale of the property or revenue received), or the sale of the property. This amended Long Range Property Management Plan (the “Amended Plan”) supersedes and replaces the Long Range Property Management Plan (“Original Plan”) approved by the Oversight Board on October 1, 2014, as Resolution No. 2014-05, and sets forth the strategy and process of the City of Pinole as Successor Agency (“Successor Agency”) to dispose of former Pinole Redevelopment Agency real property assets. The Amended Long Range Property Management Plan for the Successor Agency to the former Redevelopment Agency of the City of Pinole incorporates the following:  Include an inventory of all properties in the Property Trust Fund. The inventory consist of all of the following information: • The date of the acquisition of the property and the value of the property at that time, and an estimate of the current value of the property. • The purpose for which the property was acquired. February 9, 2016 Official Minutes 832 • Parcel data, including address, lot size, and current zoning in the former agency redevelopment plan or specific, community, or general plan. • An estimate of the current value of the parcel including, if available, any appraisal information. • An estimate of any lease, rental, or any other revenues generated by the property, and a description of the contractual requirements for the disposition of those funds. • The history of environmental contamination, including designation as a Brownfield site, any related environmental studies, and history of any remediation efforts. • A description of the property's potential for transit-oriented development and the advancement of the planning objectives of the successor agency. • A brief history of previous development proposals and activity, including the rental or lease of property. • Address the use or disposition of all of the properties in the Property Trust Fund. Permissible uses include the retention of the property for governmental use, the retention of the property for future development, the sale of the property, or the use of the property to fulfill an enforceable obligation. The LRPMP shall separately identify and list properties in the Property Trust Fund dedicated to governmental use purposes and properties retained for purposes of fulfilling an enforceable obligation. With respect to the use or disposition of all other properties, all of the following shall apply: • If the LRPMP directs the use or liquidation of the property for a project identified in an approved redevelopment plan, the property shall transfer to the City. • The proceeds from the sale of properties through either future development or sale/liquidation shall be sent to the County to be distributed to the taxing entities. Prior to the approval of the LRPMP, if any of the properties generate revenues through a lease, for any purpose other than to fulfill an enforceable obligation, the revenues will be sent to the County to be distributed to the taxing agencies. February 9, 2016 Official Minutes 833 According to Health and Safety Code § 34180 (f), if a City wishes to retain any properties or other assets for future redevelopment activities, it must enter into a compensation agreement with the taxing entities. Of the 6 properties (#10 - #15) designated as future development, compensation agreements will be negotiated with the taxing entities. Amendments to the Long Range Property Management Plan Following review of the Agency’s Long Range Property Management Plan by the Department of Finance, the Agency was informed that an Agency owned property was not referenced on the Plan. That property is now included as part of the Amended LRPMP (See #18). The excluded parcel is one of six parcels which comprise the 830- 850 San Pablo Ave – Pinole Shores II development site (See #16). Summary of Property Owned by the Successor Agency The Successor Agency owns and controls various properties within the City of Pinole. Each site and the required information under AB 1484 will be discussed in detail in the “Summary” matrix. Table 1 below is an overview of the classification of the Successor Agencies properties. Table 1 Property AB 1484 Classification Governmental Purpose Use Enforceable Obligation Use Future Development Sale/ Liquidation 1 648 Tennant Ave. - Parking Lot X 2 2180 Prune St. - Parking Lot X 3 813 Fernandez Ave. - Parking Lot X 4 798 Fernandez Ave. - Parking Lot X 5 601 Tennent Ave. -Youth Center X 6 San Pablo Ave. - Fernandez Park X 7 San Pablo Ave. - Entrance Sign X 8 2131 Pear St. – City Hall Complex X 9 651 Pinole Shores - Animal Shelter X 10 2361 San Pablo Ave. - Former Bank X 11 Pinole Valley Rd. - Gateway Project - Restaurant X 12 1301 Pinole Valley Rd. & Henry Rd. – Gateway Project- Medical X 13 Pinole Valley Rd. - Gateway Project- Restaurant #2 (Caltrans) X 14 1300-1400 Pinole Valley Rd. - Gateway Project X 15 2301 San Pablo Ave. – Corner Lot X February 9, 2016 Official Minutes 834 16 830-850 San Pablo Ave. Pinole Shores II X 17 600 Tennant Ave. - Blackies X 18 * 830-850 San Pablo Ave. - Pinole Shores II – APN: 402-230-022 X * While the excluded parcel (#18) is part of the 830-850 Pinole Shores Development (#16) it has been shown separately for purposed of disclosure. Property Inventory Health and Safety Code Section 34191.5 requires that the Long Range Property Management Plan include an inventory of all properties owned by the Former Redevelopment Agency of the City of Pinole, which are held in a Property Trust Fund. The Successor Agency to the former Redevelopment Agency of the City of Pinole has possession of eighteen (18) properties that were referenced in the previous section and have been included in this plan. The properties have been placed into different categories based upon the specifics of the property and approach to its disposition. A. Properties that will be used for government purpose. These properties have no commercial value, including remnant pieces, landscape areas, ROW, slope area and properties that are governmental use. The staff recommends that these properties be transferred to the City. There are nine (9) properties listed under this category. 1. 648 Tennant Ave (Parking Lot) employee and Fernandez Park parking lot. This lot is used by Youth Center Staff and the public accessing the City’s Park. 2. 2180 Prune Street (City Hall) parking lot which is primarily used by City for employee, police, and code enforcement staff for parking of vehicles as well as visitor parking. 3. 813 Fernandez Ave (Parking Lot) which is used as parking for direct access to the Bay Trail for walking, jogging and promotion of wetlands area. 4. 798 Fernandez Ave (Parking Lot) used to provide off-street parking to commercial and institutional (bank) businesses. 5. 601 Tennant Ave. (Youth Center) which serves as the center for City run youth programs and activities. 6. Fernandez Park Patio includes an outdoor gazebo located in Fernandez Park. February 9, 2016 Official Minutes 835 7. San Pablo Ave - vacant site which is the location of a City entrance sign with City logo. 8. 2131 Pear Street – (City Hall Building) which is the location for all development, administration and planning departments. 9. 651 Pinole Shores – a vacant parcel which is proposed to be used by the City’s Public Works Department as a Corporation Yard. B. Properties Transferred to the City for Future Development. The properties are intended to be transferred to the City on a short-term basis and soon thereafter sold to interested parties and/or developers to carry out the vision as approved by the Redevelopment Plan, the Three Corridors Specific Plan, and the Redevelopment Implementation Plan. There are six properties listed under this category. 10. 2361 San Pablo Ave – Former Bank of Pinole which was purchased from the City for the commercial and retail development. 11. Pinole Valley Road Gateway East – Vacant Pad which was purchased for development of a regional commercial, medical or retail development. 12. 1301 Pinole Valley Road & Henry Rd – Vacant Pad which was purchased for development of a regional commercial, medical or retail development. 13. Pinole Valley Road Gateway East – Vacant Pad (Caltrans) which was purchased for development of a regional commercial, medical or retail development or parking lot for commercial overflow. 14. 1300-1400 Pinole Valley Rd which was purchased for development of a regional commercial, medical or retail development. 15. 2301 San Pablo Ave – vacant site which is located in the Downtown and proposed for future development. With respect to properties #11-14, the City has been in negotiations with Thomas Gateway LLC and Agape Assets LLC, for the sale of the properties for development, in the amounts of $3,700,000 for properties No. 11, 13, & 14, and $470,000 for property 12, respectively. The sale price represents the highest and best use and fair market value as determined by an appraisal conducted by an MAI appraiser. The City will enter into Compensation Agreements with the affected taxing agencies. February 9, 2016 Official Minutes 836 C. Properties for Sale/Liquidation. Those properties are to be marketed through direct contact with interested parties and through the use of brokers. Proposals would be evaluated based upon acceptable development plans. Appraisals of these properties will be obtained to maximize the sale value. The proceeds from the sale will be used to fulfill enforceable obligations and/or remitted to the County Auditor-Controller for distribution to the taxing agencies. There are three (3) properties listed under this category. 16. 830-850 San Pablo Ave. – Pinole Shores II, this property along with an adjacent parcel was purchased with the intent of developing both sites but this property remains undeveloped and is proposed to be sold. 17. 600 Tennant Ave – Blackies was purchased with the intent to rehab the restaurant. The properties remain vacant and undeveloped and will be sold at Fair Market Value as interest is received. 18. 830-850 San Pablo Avenue – Pinole Shores II, APN: 402-230-022 - This parcel (#18) is part of the development site known as 830-850 Pinole Shores (#16). This parcel was previously excluded when the initial LRPMP was submitted. The parcel has been shown separately for purposed of disclosure. February 9, 2016 Official Minutes 837 Successor Agency: PINOLE County: CONTRA COSTA AMENDED LONG RANGE PROPERTY MANAGEMENT PLAN - PROPERTY INVENTORY DATA - November 4, 2015 HSC 34191.5 (c)(1)(B) HSC 34191.5 (c)(1)(D)HSC 34191.5 (c)(1)(F)HSC 34191.5 (c)(1)H) No.Property Type Address APN #Permissible Use Permissible Use Detail Acquisition Date Value at Time of RDA Acquisition Estimated Current Value Value Basis Date of Estimated Current Value Proposed Sale Value Proposed Sale Date Purpose for which property was acquired Lot Size Current Zoning Estimate of Current Parcel Value Estimate of Income / Revenue Contractual requirements for use of income / revenue History of environmental contamination, studies, and/or remediation, and designation as a Brownfield site Description of property's potential for transit oriented development Advancement of planning objectives of the successor agency History of previous development proposals and activity 1 Park Parking Lot 648 Tennent Ave.401-142-013 Governmental Use Public parking for park Oct-07 225,000$ $ 130,639 Assessors value 8/7/2014 N/A N/A Public parking lot for youth center staff, Fernandez park users, memorial hall users and employees of City audio- video department. 5,000 sq. ft.RMU- Residential Mixed Use $ 125,414 $- No current revenue or income contract Phase I was performed on the property on February of 2007. The report did not find any contamination on property. None Provides necessary parking for the adjacent youth center and park None-this is a parking lot for the park 2 Parking Lot 2180 Prune St.401-168-012 Governmental Use Employee parking in lot adjacent to City Hall May-95 $ 68,000 $47,030 Assessors value 8/7/2014 N/A N/A To serve as a parking lot for City Hall, Police and Fire employees as well as parking for City, Police vehicles. As well as parking for St. Josephs School. 5,000 sq. ft R2-Medium Density Residential $ 47,030 A portion of the annual income, based on RDA's property to overall lot size, from St. Joseph School. 25% of annual income goes to RDA or $2,472.50. Lease entered in to on September 1, 1999 for 50 years plus 2 - 10 yr options. Annual CPI included. Revenue is used for annual maintenance and resurfacing/restriping . Phase I was performed on the property on February of 2007. The report did not find any contamination on property. None Provides necessary parking for the adjacent City Hall and Police and Fire Station. None-this is necessary parking for City employees and City owned vehicles. 3 Park Parking Lot 813 Fernandez Ave.401-166-027 Governmental Use Public parking for park Jun-95 $ 129,000 $ 157,812 Assessors value 8/7/2014 N/A N/A Parking lot for citizens who want direct access to the "Bay Trail" for walking, biking, or jogging. Trail is approx. 2 miles. 5250 sq. ft CMU - Commercial Mixed use $ 157,812 $- No current revenue or income contract No documents found related to performance of a Phase 1. A residential home resided on the site.None Provides necessary parking for park None 4 Parking Lot 798 Fernandez Ave. 401-162-010 Governmental Use Public parking for commercial businesses. Jun-96 $ 154,000 $ 165,129 Assessors value 8/7/2014 N/A N/A Promote shopping of commercial and restaurants in close proximity to the downtown. City has a Reciprocal Parking Agreement with businesses. 6857 sq ft. CMU - Commercial Mixed use $ 165,129 Annual income of $700.20 for parking lot which has ingress and egress access to Bank of West Bank and Pear Street Bistro. The City entered into a Reciprocal Easement Agreement between the Bank, Roger Cook Trust, and the Agency for ingress, egress and parking on the lot. Income is used to pay maintenance expenses associated with the property. No documents found related to performance of a Phase 1. Site was a parking lot when purchased.None Encourages citizens to patronize downtown businesses None-Intent is to promote access to downtown businesses 5 Youth Center 601 Tennent Ave.401-141-014 Governmental Use City run youth programs Sep-02 $ 3,461,000 $ 3,836,789 Assessors value 8/7/2014 N/A N/A The Property was purchased for the purpose of constructing a Youth Center and Cable Access Center. 105,600 sq ft PQI - Public / Quasi-Public / Institutional $ 870,408 $- No current revenue or income contract No documents found related to performance of a Phase 1. Two sites (existing building) were purchased to construct Youth Center. None Provides safe environment for youth activities This property has always served as youth center for City run youth programs, a memorial hall, and site for Pinole's City run audio-video department. 6 Portion of Fernandez Park San Pablo Ave.401-150-031 Governmental Use Park May-92 $- $ 37,330 Assessors value 8/17/2014 N/A N/A Property was donated by a private party to be utilized as a public park 1,307 sq ft. CMU - Commercial Mixed use $ 24,578 $- No current revenue or income contract No documents found related to performance of a Phase 1. None None-public park None 7 Vacant Site - Entrance Sign San Pablo Ave.401-200-017 Governmental Use Right of Way 7-Aug-01 $ 12,391 $ 14,937 Assessors value 8/7/2014 N/A N/A To support the beautification efforts of the entrance to the City. 1,220 sq ft RMU- Residential Mixed Use $ 14,937 $- No current revenue or income contract No documents found related to performance of a Phase 1. None None - public property None 8 City Hall 2131 Pear Street 401-163-004 Governmental Use Governmental Offices 3/1/1995 & 3/1/1997 $600, 000 & $3,571,600 $ 8,741,520 Assessors value 8/7/2014 Not for sale City Hall The construction of the City Hall Offices. The Building is owned by the Agency. 17,369 sq ft PQI - Public / Quasi-Public / Institutional 199,985$ $- No current revenue or income contract None, site had existing portable units used as City Hall offices None None - Government Use City Hall constructed on property. 9 Vacant Pad - Development Site 651 Pinole Shores 402-220-021 Governmental Use Public Works Storage Facility 01/5/2006 $ 794,019 $ 769,210 Assessors value 8/7/2014 N/A N/A The property was acquired as part of a property swap and purchase. The purpose for acquiring the site was to use and construct a building as a future City Public Work Corporation Yard. 56,628 sq ft OIMU - Office Industrial Mixed use $ 769,210 $- No current revenue or income contract In 2006, ACC Environmental conducted a hazardous assessment of the property. Property required mitigations, in July 2006 city approved $75,760 for Asbestos Management Group to clean site. None None - Government Use In 2004 and 2005, conceptual plans were completed to relocate the City’s Corp Yard to the property, but plans were put on hold due to lack of funding. 10 Former Bank - Commercial Site 2361 San Pablo Ave.401-162-003 Future Development Transfer to City for future development - Commercial development within constraints of historic designation May-92 $ 225,000 $ 339,644 Appraisal 6/30/2015 $440,000 Once LRPMP is approved and development is proposed. The property was purchased for commercial and retail lease or development in the downtown. 6,100 sq ft CMU - Commercial Mixed use $ 130,640 $- No current revenue or income contract No documents found related to performance of a Phase 1. None Provides downtown commercial or retail space. City has reviewed and rejected previously proposed restaurant and tea house use. The building has been vacant since 2010. HSC 34191.5 (c)(1)(E)HSC 34191.5 (c)(1)(G)HSC 34191.5 (c)(2)HSC 34191.5 (c)(1)(A)SALE OF PROPERTYHSC 34191.5 (c)(1)(C)HSC 34191.5 (c)(1)(C) ATTACHMENT C February 9, 2016 Official Minutes 838 HSC 34191.5 (c)(1)(B) HSC 34191.5 (c)(1)(D)HSC 34191.5 (c)(1)(F)HSC 34191.5 (c)(1)H) No.Property Type Address APN #Permissible Use Permissible Use Detail Acquisition Date Value at Time of RDA Acquisition Estimated Current Value Value Basis Date of Estimated Current Value Proposed Sale Value Proposed Sale Date Purpose for which property was acquired Lot Size Current Zoning Estimate of Current Parcel Value Estimate of Income / Revenue Contractual requirements for use of income / revenue History of environmental contamination, studies, and/or remediation, and designation as a Brownfield site Description of property's potential for transit oriented development Advancement of planning objectives of the successor agency History of previous development proposals and activity HSC 34191.5 (c)(1)(E)HSC 34191.5 (c)(1)(G)HSC 34191.5 (c)(2)HSC 34191.5 (c)(1)(A)SALE OF PROPERTYHSC 34191.5 (c)(1)(C)HSC 34191.5 (c)(1)(C) 11 Vacant Pad - Development Site Pinole Valley Rd- Gateway Project 401-211-032 Future Development Transfer to City for future development Jan-00 $ 128,797 $348,000 - $590,000 Appraisal 11/26/2013 No. 11, 13, & 14 will be transferred to the City and sold to a developer. Once LRPMP is approved. Purchased for development of regional commercial use or medical facilities. 18,295 sq ft OPMU - Office Professional Mixed Use $ 189,721 $ - No current revenue or income contract Phase I on entire site was performed by Kaiser which purchased the majority of the site. City does not have copies of Phase 1. None Transfer of the property to the City for Sale to a developer will provide commercial and retail opportunities consistent with the original planning objectives for the property. In January 2011, the Agency received an offer for the property from Market Street Development, LLC. The Agency and Market Street Development negotiated a price for the property. The developer was unable to obtain financing with agreement terminated on August 10, 2011. City has negotiated agreements for sale of the property for retail development. 12 Vacant Pad - Development Site 1301 Pinole Valley Rd & Henry Rd - Gateway Project 401-211-033 Future Development Transfer to City for future development Jan-96 $ 193,406 $ 470,000 Appraisal 6/27/2013 Property to be sold to Developer once LRPMP is approved. Once LRPMP is approved. Purchased for development of regional commercial use or medical facilities. 26,136 sq, ft OPMU - Office Professional Mixed Use $ 682,465 $ - No current revenue or income contract Phase I on entire site was performed by Kaiser which purchased the majority of the site. City does not have copies of Phase 1. None Transfer of the property to the City for Sale to a developer will provide commercial and retail opportunities consistent with the original planning objectives for the property. In January 2011, the Agency received an offer for the property from Market Street Development, LLC. The Agency and Market Street Development negotiated a price for the property. The developer was unable to obtain financing with agreement terminated on August 10, 2011. City has negotiated agreements for sale of the property for retail development. 13 Vacant Pad - Development Site(Caltrans) Pinole Valley Rd- Gateway Project 401-211-034 Future Development Transfer to City for future development Nov-09 $ 425,000 $ 375,000 Appraisal 11/26/2013 No. 11, 13, & 14 will be transferred to the City and sold to a developer. Once LRPMP is approved. Purchased for development of commercial use or medical facilities and/or intended for commercial overflow parking. 25,991 sq, ft OPMU - Office Professional Mixed Use $ 407,598 $ - No current revenue or income contract Phase 1 was performed by Thomas Properties as part of a pending development between the Successor Agency and Thomas Properties. None Transfer of the property to the City for Sale to a developer will provide commercial and retail opportunities consistent with the original planning objectives for the property. In 2009, Kaiser Medical had option to purchase property but chose not to exercise its option. A developer is interested in purchasing the site for development. 14 Vacant Pad - Development Site 1300-1400 Pinole Valley Rd- Gateway Project 401-410-017 Future Development Transfer to City for future development - Serving regional commercial use Between 2002- 2007, 4 parcels at time, now 1 large parcel $ 3,216,763 $2,340,000 to $3,260,000 Appraisal 11/26/2013 No. 11, 13, & 14 will be transferred to the City and sold to a developer. Once LRPMP is approved. Purchased for development of regional commercial use or medical facilities. 197,327 sq. ft OPMU - Office Professional Mixed Use $ 4,125,101 $ 1,000.00 Not applicable. The Agency submitted the income to the County to be distributed to the taxing entities. Phase 1 was performed by Thomas Properties as part of a pending development between the Successor Agency and Thomas Properties. None Transfer of the property to the City for Sale to a developer will provide commercial and retail opportunities consistent with the original planning objectives for the property. In 2008, former negotiations with Alta Bates Summit Medical Center for medical use were unsuccessful. Exclusive Negotiating Agreement terminated in 2009. Agency is currently working with Developer for sale and development of the site. 15 Vacant Site - Development Site (Corner Lot) 2301 San Pablo Ave. 401-162-001 Future Development Transfer to City for future development - Commercial and retail development Nov-03 $ 300,000 $ 225,746 Appraisal 6/26/2015 $290,000 2015 Originally Housing fund purchased for housing development but then RDA purchased property from housing fund for retail development 7,860 sq ft CMU - Commercial Mixed use $ 225,746 $ - No current revenue or income contract A Shell Gas Station at the site closed in the fall of 2000. In 2001, Shell initiated on-site demolition, tank removal, and soil and groundwater remediation of the contaminated soil. Shell ultimately received clearance and closure from the Regional Water Quality Control Board in 2007. None To provide commercial and/or retail space in our downtown consistent with the City's Downtown Plan. In 2005, BH Development proposed development of the site. In 2007, the economic conditions led to the developer withdrawing from the project. 16 Vacant Pad - Development Site 830-850 San Pablo Ave. - Pinole Shores II 402-230-020 402-230-018 402-230-017 402-230-016 402-230-015 Future Development Sale Property Dec-02 $ 3,425,246 $ 3,145,923 Assessors value 8/7/2014 Will need to be determined at the time of the sale 2015 Purchased for development of regional commercial use. 321,780 sq ft OIMU - Office Industrial Mixed use $ 3,145,923 $ - No current revenue or income contract In 2002, the Agency purchased a house and a former auto wrecking yard and completed extensive environmental remediation to prepare the site for future development. None Transfer of the property to the City for Sale to a developer will provide commercial and retail opportunities consistent with the original planning objectives for the property. A 2005 DDA with developer terminated in 2009 due to economic conditions at the time. 17 Vacant site/building - Development Site 600 Tennant Ave. 401-142-010 Future Development Sale Property 3/01/2005 $ 681,533 $ 313,536 Assessors value 8/7/2014 Unknown. Appraisal will need to be obtained 2015 Site purchased for mixed use development.5,000 sq ft RMU- Residential Mixed Use 182,896$ $ - No current revenue or income contract None, site still has existing building when purchased None To provide commercial and/or retail space and eliminate blight. At time of purchase, some consideration was given to demolishing the buildings and constructing temporary parking. In 2006, development proposals were received from three developers for three completely different types of projects: mixed-use commercial/residential, performing arts annex, and restaurant. A development agreement was not reached for any of the concepts. 18 Vacant Undeveloped Pad - Development Site 830-850 San Pablo Ave. - Pinole Shores II 402-230-022 Future Development Sale Property Dec-02 Parcel is part of #16 - Price for all six (6) lots is $3,425,246 $ 8,808 Assessors value 10/28/2015 Will need to be determined at the time of the sale 2015 Purchased for development of regional commercial use. This parcel part of the overall site but is dedicated as open space 20,419 sq ft OIMU - Office Industrial Mixed use $ 3,145,923 $ - No current revenue or income contract In 2002, the Agency purchased a house and a former auto wrecking yard and completed extensive environmental remediation to prepare the site for future development. None The sale of the property will provide commercial and retail opportunity consistent with the original planning objective for the property. A 2005 DDA with developer terminated in 2009 due to economic conditions at the time. February 9, 2016 Official Minutes 839 1   MASTER AGREEMENT FOR TAXING ENTITY COMPENSATION This MASTER AGREEMENT FOR TAXING ENTITY COMPENSATION (this “Agreement”), dated as of________________, 2016, is entered into by and among the City of Pinole, a municipal corporation (the “City”), with offices located at 2131 Pear Street, Pinole, California, and the following public agencies (each, a “Taxing Entity,” collectively referred to herein as the “Taxing Entities,” and together with the City the “Parties”): County of Contra Costa, a political subdivision of the State of California (“County”); County of Contra Costa Flood Control and Water Conservation District; Contra Costa County Library Contra Costa County Community College District (“CCD”); West Contra Costa County Unified School District; Contra Costa County Superintendent of Schools (“Superintendent”); Contra Costa County Water Agency; West Contra Costa County Health Care District East Bay Municipal Utility District Bay Area Air Quality Management District; Contra Costa County Mosquito and Vector Control District; San Francisco Bay Area Rapid Transit District; East Bay Regional Parks District (“EBRPD”); and RECITALS A. Pursuant to Assembly Bill xl 26 (together with AB 1484 and SB 107, the “Dissolution Act”), the Redevelopment Agency of the City of Pinole (“Redevelopment Agency”) was dissolved effective February 1, 2012, and pursuant to Health & Safety Code Section 34173, the City elected to serve as the successor agency to the dissolved Redevelopment Agency (the “Successor Agency”). B. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency prepared a Long-Range Property Management Plan (“LRPMP”) that addresses disposition and use of the real property formerly owned by the Redevelopment Agency. C. On October 1, 2014, the LRPMP was approved by resolution of the Oversight Board to the Successor Agency (the “Oversight Board”), a seven-member board established pursuant to Health and Safety Code Section 34179 that includes representatives appointed by the County Board of Supervisors, the Mayor of the City, the Superintendent, the Chancellor of the California Community Colleges, and EBRPD. D. On November 20, 2015, the California State Department of Finance approved the LRPMP. February 9, 2016 Official Minutes 840 2   E. Pursuant to the LRPMP, the Successor Agency will be transferring certain real property assets to the City for future development, subject to entering into this Agreement with the Taxing Entities for the distribution of funds received, if any, from the sale of such properties. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows: 1. Purpose. This Agreement is executed with reference to the facts set forth in the foregoing Recitals, which are incorporated into this Agreement by this reference. The purpose of this Agreement is to address the allocation of certain prospective revenues among the Taxing Entities that share in the property tax in proportion to their shares of the property tax base, as determined under the Dissolution Act (“Tax Increment”) for properties located within the Pinole Vista Redevelopment Project in the City of Pinole (the “Project Area”) formerly administered by the Redevelopment Agency. 2. Special Districts and Funds. The governing boards of certain of the Taxing Entities administer certain special districts and funds that receive allocations of property taxes from the Tax Base, and are authorized to execute this Agreement on behalf of such special districts and funds as described below. 2.1 County Funds. The County administers the following special districts and funds, and in addition to entering into this Agreement for the County itself, the County Board of Supervisors, acting in its various capacities, has authorized the execution of this Agreement by the following: Contra Costa County Library Contra Costa County Flood Control and Water Conservation District Contra Costa County Water Agency 2.2 County Superintendent Funds. The Superintendent administers the following special funds, and in addition to entering into this Agreement for the Superintendent itself, the Superintendent is authorized to, and has entered into and executed this Agreement on behalf of the following: Contra Costa County Superintendent of Schools K-12 ERAF 2.3 Contra Costa Community College District. CCD administers the following special districts and funds, and in addition to entering into this Agreement for CCD itself, CCD is authorized to, and has entered into and executed this Agreement on behalf of the following: Contra Costa Community College District Community College ERAF 3. Parcels to be Conveyed for Development Consistent with Plans. Pursuant to the LRPMP, eight (8) properties comprised of thirteen (13) parcels formerly owned by the Redevelopment February 9, 2016 Official Minutes 841 3   Agency will be transferred by the Successor Agency to the City for disposition consistent with the redevelopment plan adopted for the Project Area, the implementation plans adopted in connection with the Project Area redevelopment plan, and the City of Pinole general plan (all of the foregoing, collectively, the “Plans”). These eight parcels (collectively, the Property”) are more fully described in Attachment A attached hereto. 4. Parcels to be Conveyed to the City for Governmental Uses. The LRPMP also provides that nine (9) parcels formerly owned by the Redevelopment Agency will be transferred by the Successor Agency to the City for continued governmental uses. No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing transfers. The properties and their uses are described in Attachment B. 5. Compensation to Taxing Entities. 5.1 Consistent with the LRPMP, the City shall , remit the Net Unrestricted Proceeds (defined below) from the conveyance of any of the parcels comprising the Property to the Contra Costa County Auditor-Controller for distribution to the Taxing Entities in accordance with each Taxing Entity's pro-rata share of Tax Increment. 5.2 Net Unrestricted Proceeds. For purposes of this Agreement, the term “Net Unrestricted Proceeds” means the sale proceeds received by the City for the sale of any parcel included in the Property, less: (i) costs incurred by the City for expenses incurred in connection with the management, maintenance, and disposition of the Property, including without limitation, costs incurred for property management, maintenance, insurance, marketing, appraisals, brokers' fees, escrow, closing costs, survey, title insurance, attorneys' and consultants' fees, and other reasonable costs incurred, including reasonable compensation for City staff performing functions associated with the management, maintenance, and disposition of the Property, and (ii) any proceeds of sale that are restricted by the documents governing the source of funds that were used for the original acquisition of the Property; e.g., grant funding documents, bond indentures, bond purchase agreements, etc.). Upon the request of a Taxing Entity, the City shall deliver an accounting of all such costs, expenses and restricted proceeds. 6. City as Taxing Entity. The Parties hereby acknowledge that the City is also a Taxing Entity for purposes of receiving funds pursuant to Section 5 of this Agreement. 7. Compensation Agreement. 7.1 LRPMP Governs. The Parties acknowledge that Health and Safety Code Section 34191.3 provides that once a LRPMP has been approved by the California Department of Finance, the LRPMP shall govern and supersede all other provisions of the Dissolution Act relating to the disposition and use of the former redevelopment agency's real property assets. 7.2 LRPMP Compliance. The Parties intend this Agreement to satisfy certain requirements under the LRPMP. If a court order, legislation or Department of Finance policy reverses the requirement of the City to enter into this Agreement, the Parties acknowledge that it will not be necessary for the City to enter into this Agreement with the Taxing Entities, and in February 9, 2016 Official Minutes 842 4   such event, the City will be permitted to dispose of the Property even if this Agreement has not been executed by all Taxing Entities. Notwithstanding the foregoing, the City agrees that it will comply with the provisions of the LRPMP that require payment of Net Unrestricted Proceeds to the Taxing Entities upon sale of the Property. 8. Miscellaneous Provisions. 8.1 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified on the signature pages to this Agreement or to such other address as a Party may designate by written notice delivered to the other Parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. 8.2 Headings; Interpretation. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties agree that this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it. 8.3 Action or Approval. Whenever action or approval by City is required under this Agreement, the City Manager or his or her designee may act on or approve such matter unless specifically provided otherwise, or unless the City Manager determines in his or her discretion that such action or approval requires referral to City Council for consideration. 8.4 Entire Agreement. This Agreement, including Attachment A and Attachment B attached hereto and incorporated herein by this reference, contains the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter hereof. 8.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties. Any executed counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered. 8.6 Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement is defeated by such invalidity or unenforceability. February 9, 2016 Official Minutes 843 5   8.7 No Third Party Beneficiaries. Except as expressly set forth herein, nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. 8.8 Parties Not Co-Venturers; Independent Contractor; No Agency Relationship. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. 8.9 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Contra Costa County, California or in the Federal District Court for the Northern District of California. SIGNATURES ON FOLLOWING PAGES. February 9, 2016 Official Minutes 844   IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized representatives as indicated below. February 9, 2016 Official Minutes 845   The undersigned authorized signatory hereby executes this Agreement on behalf of the County of Contra Costa and the entities and funds set forth in Section 2.1 of this Agreement: Contra Costa County By: ___________________________________ David Twa County Administrator Contra Costa County Water Agency By: ______________________________ John Kopchik Executive Director Contra Costa County Flood Control and Water Conservation District By: _______________________________ Julia Bueren Chief Engineer Attest by: Approved as to form: County Counsel Address for Notices: Contra Costa County Administrator’s Office 651 Pine Street, 10th Floor Martinez, CA 94553 Attn: David J. Twa, County Administrator SIGNATURES CONTINUE ON FOLLOWING PAGES.   February 9, 2016 Official Minutes 846 RECOMMENDATION(S): 1. AUTHORIZE the Conservation and Development Director, or designee, to extend from January 31, 2016 to June 30, 2016, the completion date of Phase I of the Muir Ridge Homes project that is being constructed in unincorporated Martinez by Habitat for Humanity East Bay/Silicon Valley using HOME Investment Partnership Act (HOME) funds borrowed from the County, and to extend the corresponding repayment due date from June 30, 2016 to November 30, 2016. 2. AUTHORIZE the Conservation and Development Director, or designee, to consent to future modifications to the completion and repayment dates related to the Muir Ridge Homes project, provided no dates are extended beyond the HOME program maximums. FISCAL IMPACT: No General Fund impact. HOME funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). CFDA #14.239 BACKGROUND: On February 25, 2014, the Board of Supervisors allocated $1,500,000 in HOME funds to Habitat for Humanity East Bay/Silicon Valley (Habitat) for the Muir Ridge development. On August 12, 2014, the Board approved the legal documents for this project, including the HOME Loan Agreement. On December 9, 2014, the Board approved an amendment to the Loan Agreement to extend the dates for obtaining building permits and starting construction of Phase I of the development. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kara Douglas 925-674-7880 I hereby certify that this is 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 98 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 9, 2016 Contra Costa County Subject:APPROVAL OF EXTENSION OF TIME FOR HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY TO COMPLETE AND SELL HOMES IN THE MUIR RIDGE DEVELOPMENT IN MARTINEZ February 9, 2016 Official Minutes 847 BACKGROUND: (CONT'D) Habitat has reported that, as a result of the loss of key construction staff and a steep learning curve related to constructing on a steeply sloped site, the construction of Phase I is three months behind schedule. Permitting Habitat to continue construction based on the current expected building schedule will allow the project to proceed. Delegating to the Director the authority to consent to future requests to modify construction and repayment due dates will enable the Department to respond to any other unforeseen delays in a timely manner. In no event will any dates be extended beyond the HOME program maximums. Under the terms of the loan agreement and pursuant to HOME regulations, Habitat is required to complete the construction and sale of the homes within a certain period of time. If Habitat fails to complete the construction and sale of the homes as required, it will have to convert the homes into rental units or repay the HOME funds. The purpose of the Muir Ridge project is to improve the supply of ownership housing affordable to and occupied by lower income families in the Martinez area through the construction of a 12-home development in unincorporated Martinez off of Pacheco Boulevard. The twelve homes will be designated as HOME-assisted and sold to lower income families. Approximately $225,000 of the HOME funds will be loaned to the lower income families to assist with the purchase of the homes. The remaining HOME funds ($1,275,000) will be a development subsidy. Affordability and use restrictions are incorporated into the County loan documents. CONSEQUENCE OF NEGATIVE ACTION: Habitat will be in default under the Loan Agreement. CHILDREN'S IMPACT STATEMENT: This project will support indicator number three: Families are Economically Self Sufficient. February 9, 2016 Official Minutes 848 RECOMMENDATION(S): ADOPT Resolution No. 2016/59 approving the issuance of Multifamily Housing Revenue Bonds (the "Bonds") by the California Municipal Finance Authority (CMFA) in an amount not to exceed $41,500,000 for the benefit of Community Housing Development Corporation of North Richmond (CHDC), a California nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code"), or a subsidiary or affiliate thereof (the “Borrower”), to provide for the financing of the acquisition, rehabilitation, improvement and equipping of two multifamily housing developments commonly known as Barrett Plaza located at 510 Barrett Avenue in the City of Richmond, and Barrett Terrace located at 700 Barrett Avenue in the City of Richmond. Such adoption is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Code and the California Government Code Section 6500 (and following). FISCAL IMPACT: No impact to the General Fund. The County will be reimbursed for any costs incurred in the process of conducting the TEFRA Hearing. The CMFA will issue tax-exempt revenue bonds on behalf of CHDC. Repayment of the bonds is solely the responsibility of CHDC. No County funds are pledged to secure the bonds. BACKGROUND: Community Housing Development Corporation of North Richmond (CHDC), with the City of Richmond's support, requested the County to conduct a Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) hearing for the California Municipal Finance Authority (CMFA) issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $41,500,000 to be used to finance the acquisition, rehabilitation, improvement and equipping of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Kristen Lackey (925) 674-7888 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 92 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 9, 2016 Contra Costa County Subject:Multifamily Housing Revenue Bonds - Barrett Plaza and Barrett Terrace, Richmond February 9, 2016 Official Minutes 849 BACKGROUND: (CONT'D) two multifamily rental housing developments commonly known as Barrett Plaza located at 510 Barrett Street in the City of Richmond, California, and Barrett Terrace located at 700 Barrett Avenue in the City of Richmond (the "Projects"). A TEFRA hearing must be held by an elected body of the governmental entity having jurisdiction over the area where the project is located in order for all or a portion of the Bonds to qualify as tax-exempt bonds for the financing of the Project. The County is a member of the CMFA and the Board of Supervisors qualifies as an elected body of the governmental entity having jurisdiction over the area where the project is located. The main purpose of the proposed Resolution is to acknowledge that a public hearing was held by the County's Community Development Bond Program Manager on February 1, 2016, where members of the community were given an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Projects. No public comments were received. A notice of the hearing was published in the Contra Costa Times (proof of publication attached) on January 16, 2016. The County’s only role in this transaction was to hold the TEFRA hearing. The County will not be responsible for the repayment of the Bonds or any portion thereof, whatsoever. CHDC or its affiliate will bear sole responsibility for repaying the Bonds. Additional actions related to the bond issuance will be the responsibility of CMFA. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent CMFA from providing tax-exempt financing for CHDC's Barrett Plaza and Barrett Terrace projects in Richmond. AGENDA ATTACHMENTS Resolution No. 2016/59 Barrett Plaza Ad Barretts TEFRA Transcript MINUTES ATTACHMENTS Signed Resolution No. 2016/59 February 9, 2016 Official Minutes 850 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/59 IN THE MATTER OF APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF CERTAIN AFFORDABLE MULTIFAMILY RENTAL HOUSING FACILITIES FOR THE BENEFIT OF COMMUNITY HOUSING DEVELOPMENT CORPORATION OF NORTH RICHMOND OR ONE OR MORE AFFILIATES THEREOF WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the County of Contra Costa (the “County”) is a Member of the Authority; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, Barrett Plaza Housing, L.P., and Barrett Terrace Housing, L.P. (collectively, the “Borrowers”), each a limited partnership organized under the laws of the State of California by Community Housing Development Corporation of North Richmond, a California nonprofit corporation, has requested that the Authority participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $41,500,000 (the “Bonds”); WHEREAS, an aggregate principal amount of Bonds not to exceed $16,500,000 will be used to finance the acquisition, rehabilitation and improvement of a 58-unit affordable multifamily rental housing facility (“Barrett Plaza”) to be owned and operated by Barrett Plaza Housing, L.P., or another entity created by the Community Housing Development Corporation of North Richmond, and located in the County of Contra Costa (the “County”) at 510 Barrett Avenue, Richmond, California, and pay certain expenses incurred in connection with the issuance of such Bonds; WHEREAS, an aggregate principal amount of Bonds not to exceed $25,000,000 will be used to finance the acquisition, rehabilitation and improvement of a 115-unit affordable multifamily rental housing facility (“Barrett Terrace” and together with Barrett Plaza, the “Projects”) to be owned and operated by Barrett Terrace Housing, L.P., or another entity created by the Community Housing Development Corporation of North Richmond, and located in the County at 700 Barrett Avenue, Richmond, California, and pay certain expenses incurred in connection with the issuance of such Bonds; WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an “applicable elected representative” of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the Board of Supervisors of the County (the “Board of Supervisors”) is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the Board of Supervisors approve the issuance of the Bonds by the Authority in 4 1 February 9, 2016 Official Minutes 851 order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this Board of Supervisors has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing of the Project and the Authority’s issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the Board of Supervisors approve the issuance of the Bonds by the Authority for the aforesaid purposes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The Board of Supervisors hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Board of Supervisors that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Projects are located in accordance with Section 147(f) of the Code and (b) by the Board of Supervisors in accordance with Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The Board of Supervisors shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the Board of Supervisors or any department thereof to (i) provide any financing to acquire or construct either Project or any refinancing of either Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation, improvement, equipping or operation of either Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The executing officers, the Clerk of the Board and all other proper officers and officials of the County are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 6. The Clerk of the Board shall forward a certified copy of this Resolution to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall, APLC 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Section 7. This resolution shall take effect immediately upon its passage. Contact: Kristen Lackey (925) 674-7888 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: February 9, 2016 Official Minutes 852 C.92 February 9, 2016 Official Minutes 853 February 9, 2016 Official Minutes 854 February 9, 2016 Official Minutes 855 February 9, 2016 Official Minutes 856 February 9, 2016 Official Minutes 857 RECOMMENDATION(S): REFER to the Finance Committee the request of $900,000 for FY 2016-17 from the County General Fund to cover the funding shortfall in the Wildcat/San Pablo Creeks Levee Remediation project in North Richmond, District 1. FISCAL IMPACT: 100% General Fund BACKGROUND: Original Project Construction Wildcat and San Pablo Creeks are two streams that drain adjoining watersheds within western Contra Costa County. Historically, the two creek basins combined into a common floodplain that extended through the unincorporated community of North Richmond before draining into San Pablo Bay. From the 1950s to the early 1980s, repeated floods damaged properties in the floodplain between the creeks. Attempts to sponsor a federal flood control project on Wildcat and San Pablo Creeks were undermined by the Flood Control District’s limited funding ability and by the difficulty — in this low-income area — of reaching a favorable benefit-to-cost ratio. In 1982, the District was able to design a fundable, cost-effective flood control project for the lower reaches of the creeks. With significant community input, the District plan was subsequently modified by the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Mike Carlson 925-313-2321 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Robert Campbell, County Auditor-Controller C. 89 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 9, 2016 Contra Costa County Subject:Referral to Finance Committee of funding shortfall in the Wildcat/San Pablo Creeks Levee Remediation project in North Richmond. February 9, 2016 Official Minutes 858 BACKGROUND: (CONT'D) > US Army Corps of Engineers, which then also provided the majority of the project construction funding. Funding for the local match consisted of an unusually broad range of sources: East Bay Regional Park District, County Redevelopment, the County Flood Control District (and others) provided services, land and cash to become the non-federal match for this federal project. The Flood Control District still carries an $820,000 loan from the original project construction in the early 1990s. With interest, the outstanding balance is now approximately $1,300,000. One time proceeds from the sale of District property at 3rd and Brookside and repayment of money owed upon the closure of the County Redevelopment Agency provided $475,000 that has been set aside to pay down the outstanding project debt. Changing Federal Rules In the aftermath of Hurricane Katrina the Department of Homeland Security, Federal Emergency Management Agency (FEMA) rescinded all levee certifications, and required local levee owners to prove levees still provided adequate levels of flood protection. The District applied for and received a $487,000 State Department of Water Resources (DWR) Local Levee assistance grant that covered 90% of the cost of levee evaluation. The DWR funding level shifted from 50% to 90% because North Richmond is a disadvantaged community. Even with this level of funding, the District struggled to provide the remaining 10% match. The study indicated that the levees were generally in good repair, but needed to be raised to meet more stringent FEMA requirements. The District applied for and received a 90% DWR grant for Local Levee Critical Repair. The total repair cost was estimated at $1,684,000 with the State providing 90% or $1,515,600. Increased Complexity Both the permitting and design for the levee project have become more complex than was anticipated when the grant was received. Extra precautions for dealing with possible endangered species near the levees have made the plans more complex and costly to prepare, and an especially challenging Corps Section 408 permitting process has far exceeded the permitting budget. Finally, Corps-required upgrades to the levee and floodwall materials have significantly increased expected construction costs. Considering all of these factors, the current funding deficit is approximately $935,000. Consequence of No Action FEMA has prepared new floodplain maps that show significantly expanded floodplains if the levee rehabilitation project is not implemented. These new maps add 245 parcels into the floodplain, and have not been publically released or adopted yet by FEMA. All parcels with mortgages mapped into the floodplain will be required to purchase flood insurance; this is a significant financial drain to this disadvantaged community. Currently flood insurance is approximately $1,000 per parcel per year, but is anticipated to double in the coming years to make the FEMA federal flood insurance program more solvent. The District has requested that FEMA delay adoption of the new floodplain maps for North Richmond as long as possible to provide time for the levee project to find the additional funding needed for construction. FEMA has committed to hold off adopting the new maps for at least another year. February 9, 2016 Official Minutes 859 Financial Picture: As shown in the table below, the DWR grant covers 90% of the $1.68 budgeted project cost. Increased complexity in environmental permitting and design, and the resulting construction materials and methods have driven the project over the grant budget by approximately $935,000. Because the project will be competitively bid, the cost of construction reported below is from the engineer’s estimate. Task No. Task Description Total Budget for LLCR Grant (90% DWR / 10% local) Projected Expenditures at Project Completion Unfunded Amount Over DWR LLCR Grant Budget (100% local) 1 Preliminary Design, R&U Analysis $88,459 $93,258 $4,799 2 Environmental Permitting and Compliance $130,033 $274,019 $143,986 3 Real Property Acquisition $7,982 $12,982 $5,000 4 Design $215,782 $485,735 $269,953 5 Construction $1,108,763 $1,455,963 $347,200 6 Reporting $33,866 $33,866 $0 7 Project Management and Corps 408 Permit $99,313 $264,192 $164,879 TOTAL $1,684,198 $2,620,015 $935,817 Options for Additional Funding: The District is considering a number of funding options to cover the deficit in funding. Each is described below along with the likelihood of each approach being applicable or successful. County General Funds The District is requesting $900,000 in County general funds as an assurance that the project can move forward with advertising for construction. Without the financial assurance provided by this funding, the District cannot advertise the project nor move forward with construction work this season, and the community will continue to be faced with additional flood risk and may be mapped into the FEMA floodplain. If the project is financially able to proceed in 2016, expenditures will not occur until late Q1 or early Q2 in FY 16-17. The District will continue to pursue additional funding sources, as specifically detailed below, with the intent to find alternate funding and reduce or eliminate the need for general funds. County Road Funds County road funds are used to construct and maintain roads and related infrastructure in the unincorporated county. County road funds may be available for fund direct improvements to county roads (in county road right of way) which are designed and constructed by this project. These could include the top portion of an overlay on Parr Boulevard (new wearing surface), base failure repair, and an upgraded replacement guardrail. The magnitude of this work is approximately $65,000 and the District intends to pursue County Road Funds for the roadway items included in this project. Budget augmentation from DWR under the awarded LLCR grant program In the summer of 2015, the District’s project manager approached DWR and formally requested a budget augmentation because of the increased permitting complexity and design cost overruns. DWR considered this request and ultimately declined the budget augmentation request. As such, additional DWR funding is not available for this project. February 9, 2016 Official Minutes 860 FEMA Pre-Disaster Mitigation Funds FEMA administers the Pre-Disaster Mitigation (PDM) program which funds projects that lower flood risk before damage occurs. Initially, this seemed to be a good match for this project. However, FEMA Region IX staff has confirmed that projects built by the Corps with federal funds (such as Wildcat and San Pablo Creeks) are automatically ineligible for this or other FEMA funding programs. As such, PDM or other FEMA funds are not available for the current levee project. Integrated Regional Water Management Plan (IRWMP) Funds IRWMP funds are state grant funds requiring a 50% non-state match. Because a majority of project funding already comes from the DWR, this project would not be able to provide the required match. The state is soliciting for a future grant round focused on disadvantaged communities, but even with this focus, lacking the required non-state match, the project would not be eligible for this funding. North Richmond Waster and Recovery Mitigation Fee (NRWRMF) Per a conversation with Deidre Dingman, and a review of the detailed project guidelines (http://www.cccounty.us/DocumentCenter/View/39562), the NRWRMF is intended to reduce the impacts of illegal dumping. One time project grant awards come out of a $100,000 total amount, and projects are typically limited to a maximum award of $30,000. While appropriately located in North Richmond, the levee project does not address the focus areas of the grant, and would likely be non-competitive for funding. State Coastal Conservancy Prop 1 Funds In September 2015, the District partnered with Urban Tilth on a $1,204,000 grant application to State Coastal Conservancy (SCC) to address the project’s $900,000 funding shortfall and also provide $304,000 to create jobs for local youth and provide habitat assessment and creek restoration in the watershed. The SCC ultimately declined to fund the grant, but noted that they liked the environmental enhancement portion of the grant (through Urban Tilth) and was not as interested in funding the levee improvements (the District’s portion of the project).They also thought the total ask amount was too high, and recommended reapplying in March for no more $500,000 total, with a more balanced split between the District’s levee portion and Urban Tilth’s environmental portion. The District and Urban Tilth intend to reapply in March, and if the grant application is ultimately approved, no more than approximately $250,000 would be available to fund the levee project. The other half would be for Urban Tilth projects in the area unrelated to the levee project. EPA San Francisco Bay Water Quality Improvement Fund The project is anticipated to be eligible for this annual federal grant program and can use the State DWR grant towards the 50% match. This grant program favors “shovel-ready” implementation projects (which this is), but the project may need other partners to broaden its appeal. The next application round opens in March 2016 and the District intends to apply. Revolving Fund Loan from Other Watersheds or the Flood Control District The Flood Control District has the ability to temporarily borrow from and loan funds to Flood Control Zones in watersheds throughout the County. These “revolving fund loans” are intended to compensate for temporary funding deficits that would be paid back against future tax revenue. Unfortunately, the Flood Control Zone for this watershed still has unpaid interest and principal from original project construction in the early 1990s.Thanks to the low tax rate fixed by Prop 13, ad valorem tax revenues in this watershed are insufficient for routine maintenance, much less being able to pay off the existing debt. While the Board could decide to borrow money from another flood control zone and loan it to this project, prospects for repayment are very poor. This makes a revolving fund loan a poor choice, but may end up being the only remaining choice. Proceeds for Sale of 3 Acre Parcel at 3 rd and Brookside (Urban Farm) This parcel was sold in 2013 for $225,000 and the proceeds have been held in the account for Wildcat Creek. The Board Order from the early 1990s outlining the financing plan for the original project required that any proceeds from the sale of this property must be applied to any outstanding debt for the project. Unless the Board provides direction to the contrary, the proceeds from this sale would not be available for the current levee project. February 9, 2016 Official Minutes 861 North Richmond Community Facilities District (CFD) Funds The large portion of North Richmond between Wildcat and San Pablo Creeks was slated for redevelopment, at which time a CFD would be formed to help fund needed infrastructure. With the demise of the County’s redevelopment agency, the formation of the CFD has been placed on indefinite hold, and thus is not available for the current levee project. County Stormwater Utility Assessment (SUA) 17 Funds SUA funds are collected from all parcels in the County to help manage stormwater, and SUA 17 funds are collected for use in the unincorporated county areas like North Richmond. SUA 17 funds are limited to ongoing maintenance (such as catch basin or trash rack cleaning) and not for capital projects such as our levee project. In addition, unfunded mandates from the Regional Water Quality Control Board (such as the requirement to eliminate 100% of trash from all waterways by 2022) have oversubscribed the available SUA 17 funding. As such, SUA 17 funds are not available for the current levee project. State Revolving Fund Loan for Infrastructure This State program provides low interest loans for infrastructure improvements, and is most commonly used for water supply and wastewater infrastructure. The loan program requires stable future funding source, such as rate payers, in order to be considered for loan funding. Agencies that handle stormwater and flood control do not currently have the ability to have ratepayers (although an initiative is in the works for the November 2016 ballot to possibly provide this ability).Without such a dedicated future income stream, the levee project would not be eligible for a state revolving fund loan. Funds from Parcels Being Protected by this Project The District’s project directly reduces flood risk to a number of publicly-owned facilities. East Bay Regional Park District (EBRPD) operates the Wildcat Creek staging area and trail along Wildcat Creek. The own some of the property in fee, and license other areas from the State and the Flood Control District. Because the direct benefit they derive from the project, the District intends to request funding from EBRPD. It is important to note that EBRPD was one of many funders of the original project when it ran into similar funding issues in the early 1990s. Similarly, the West County Wastewater District (WCWD) has projects directly adjacent to the District’s levee project. In fact, the District needs to purchase access easement across existing WCWD access roads to construct the project. In light of the project’s financial need, and the flood risk reduction provided by the project, the District intends to request waiver of the approximately $12,000 appraised value of the access easement and that WCWC further contribute to the project cost. Finally, EBMUD operates a facility directly adjacent to and protected by the levee on San Pablo Creek. As with the other agencies, the District intends to request EBRPD contribute to overall project cost. It is unclear what participation, if any, will come from these requests to other agencies projected by the District’s project. Summary: Just as with the construction of the original project 25 years ago, the District’s project faces serious funding challenges in order to reduce flood risk in the disadvantaged community of North Richmond. The District has investigated over a dozen possible funding sources, and intends to apply for additional state grants, request funding from the Public Works Department road funds, and request County General Funds to cover the funding shortfall. CONSEQUENCE OF NEGATIVE ACTION: If not approved, Flood Control will be able to move forward with the project and all parcels with mortgages mapped into the floodplain will be required to purchase flood insurance. February 9, 2016 Official Minutes 862 RECOMMENDATION(S): ACKNOWLEDGE that adoption of a new Master Resolution with a complete roster of all appointments is required by Board policy whenever terms expire or new appointments are made. 1. ADOPT Resolution No. 2016/79 to: ELIMINATE Alternate appointees to the standing (Type I) committees of the Board of Supervisors and to restate the appointment of Board members and other individuals to serve on Board committees, special county committees, and regional boards/ committees/ commissions for 2016, some of which include additional compensation in the form of stipend; and A. APPOINT Supervisor Karen Mitchoff as Director, Treasurer-Tax Collector Russell Watts as First Alternate, and Assistant Treasurer Belinda Zhu as Second Alternate to the Association of Bay Area Government’s (ABAG) Finance Authority for Nonprofit Corporations (FAN) Board of Directors and its Executive Committee representing Contra Costa County. B. REMOVE Supervisor Karen Mitchoff as Vice Chair to the Transportation, Water and Infrastructure Committee and appoint Supervisor Candace Andersen as Vice Chair. C. 2. INDICATE that this Resolution No. 2016/79 supersedes in its entirety Resolution No. 2016/1, which was adopted by the Board of Supervisors on January 5, 2016. 3. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.100 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 9, 2016 Contra Costa County Subject:RESOLUTION TO ELIMINATE ALTERNATE APPOINTEES TO THE STANDING COMMITTEES OF THE BOARD OF SUPERVISORS AND OTHER APPOINTMENTS February 9, 2016 Official Minutes 863 RECOMMENDATION(S): (CONT'D) > 4. RESOLVE that Board Members as named are APPOINTED to serve on Board committees, special county committees and regional boards/ committees/ commissions as specified on Attachment A to Resolution No. 2016/79 as Internal Standing Committees (Type I), Other Internal Committees, (Type II), Regional Bodies (Type III), Special/Restricted Seats (Type IV), and Ad Hoc Committees (Type V). FISCAL IMPACT: No fiscal impact. BACKGROUND: Board Standing Committees . At its annual reorganization meeting on January 5, 2016, the Board of Supervisors created Alternate seats for each of the Board's standing committees and stipulated that the alternate designated for each committee will serve only in the event of a long-term absence, as determined by the Board Chair, of a regular committee member. At its January 26, 2016 retreat, the Board discussed the suggestion of using Alternates more extensively, to address any (not only an extended) absence of a regular committee member. After further consideration, the Board reached consensus that Alternate appointees might, in practice, create conflicts with the open meeting provisions of the Brown Act and Better Government Ordinance because more than three members of the Board of Supervisors may become involved in deliberations during committee discussions. Committee study of matters referred by the Board sometimes extends to multiple committee meetings during the course of the year. In such cases, the potential for serial meetings of the Board of Supervisors exists, since three board members could be involved in committee discussions. All matters within the purview of a Board standing committee are potentially within the purview of the Board of Supervisors, which refers matters to the committees for study. Concern was also expressed about the amount of time that Alternate appointees would need to reserve on their calendars to ensure their availability to substitute for a regular committee member, and how that time commitment might detract from other activities. The Board considered the idea of publicly noticing certain standing committee meetings as Board of Supervisors meetings in observance of the Brown Act and Better Government Ordinance, but ultimately decided that it would be more practical to reschedule or cancel committee meetings or, as a last resort, proceed with a "quorum of one" in those instances when both members cannot be in attendance at the standing meeting time. Also during the January 26 retreat, Supervisors Piepho and Mitchoff expressed concern about how their representation of the County on the Delta Counties Coalition and other various water-related commissions might create challenges in compliance with the open meeting provisions of the Brown Act and Better Government Ordinance, with respect to their recent appointment to the Board's Transportation, Water & Infrastructure Committee (TWIC), which deliberates on many of the same issues as the regional water-related commissions. To avoid the potential for conflict with open meeting requirements, I am recommending that the Board appoint me to replace Supervisor Mitchoff as Vice Chair to the TWIC. ABAG Finance Authority for Nonprofit Corporations (FAN). Contra Costa County is a member of the ABAG FAN, a joint powers authority. The FAN is governed by a Board of Directors and an Executive Committee. Contra Costa County is entitled to appoint an elected official of the County as a Director of the FAN Board and two alternates who may vote in the Director's absence. I am recommending the appointment of Supervisor Karen Mitchoff to the ABAG FAN Board, and Treasurer-Tax Collector Russell Watts and Asst. Treasurer Belinda Zhu and her first and second alternates, respectively. CONSEQUENCE OF NEGATIVE ACTION: It the recommendations are not approved, the Alternate appointees to the Board's standing committees will remain as adopted on January 5, 2016, the County will not be represented on the ABAG Finance Authority for Nonprofit Corporations, and a potential conflict with open meeting requirements will exist for members of the TWIC. AGENDA ATTACHMENTSFebruary 9, 2016 Official Minutes 864 AGENDA ATTACHMENTS Resolution No. 2016/79 Attachment A to Resolution No. 2016/79_Board Committee Assignments MINUTES ATTACHMENTS Signed Resolution No. 2016/79 February 9, 2016 Official Minutes 865 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/09/2016 by the following vote: AYE: Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT:John Gioia ABSTAIN: RECUSE: Resolution No. 2016/79 IN THE MATTER OF UPDATING BOARD MEMBER ASSIGNMENTS TO 2016 BOARD COMMITTEES, SPECIAL COUNTY COMMITTEES, AND REGIONAL ORGANIZATIONS TO ELIMINATE ALTERNATE SEATS TO THE STANDING BOARD COMMITTEES AND MAKE APPOINTMENTS TO THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS AND THE TRANSPORTATION, WATER AND INFRASTRUCTURE COMMITTEE WHEREAS from time to time throughout the year, the Board Chair reviews and makes recommendations to the Board to modify and update committee assignments; and WHEREAS it was acknowledged by the Board members at the January 26 retreat that Alternate appointees to the Board's standing (Type 1) committees presented procedural and scheduling complexities that would likely outweigh the advantages; and WHEREAS there was consensus among the Board members that committee member absences can be addressed by means of rescheduling or cancelling meetings or proceeding with a quorum of one and, in the event of a protracted absence, committee appointments could be reassigned by the Board; and WHEREAS the potential for conflicts with open meeting requirements for members of the Board's Transportation, Water and Infrastructure Committee (TWIC), in terms of their representation of the County on the Delta Counties Coalition and other water-related commissions, necessitates a change in membership on the TWIC; and WHEREAS Contra Costa County is entitled to appoint an elected official of the County as a Director and two alternates who may vote in the Director's absence on the Association of Bay Area Government’s (ABAG) Finance Authority for Nonprofit Corporations; and WHEREAS adoption of a new Master Resolution with a complete roster of all appointments is required by Board policy whenever terms expire or new appointments are made; NOW, THEREFORE, THE BOARD OF SUPERVISORS RESOLVES TO: 1. ELIMINATE the Alternate seats for each of the standing (Type I) Board committees; 2. REMOVE Supervisor Karen Mitchoff as Vice Chair to the Transportation, Water and Infrastructure Committee and appoint Supervisor Candace Andersen as Vice Chair of the committee. 3. APPOINT Supervisor Karen Mitchoff as Director, Treasurer-Tax Collector Russell Watts as First Alternate, and Assistant Treasurer Belinda Zhu as Second Alternate to the Association of Bay Area Government’s Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, representing Contra Costa County. 4. APPOINT the Board members and other individuals to serve on Board committees, special county committees and regional boards / committees / commissions as specified in the revised Master List (see Attachment II) as Type I for Board Standing Committees, Type II for Other Internal Committees, Type III for Regional Bodies, Type IV for Special/Restricted seats, and Type V for Board Ad Hoc Committees. 5. INDICATE that this Resolution No. 2016/79 supersedes in its entirety Resolution No. 2016/1, which was adopted by the Board of Supervisors on January 5, 2016. 4 1 February 9, 2016 Official Minutes 866 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 9, 2016 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: February 9, 2016 Official Minutes 867 February 9, 2016Official Minutes868 February 9, 2016Official Minutes869 February 9, 2016Official Minutes870 February 9, 2016Official Minutes871 February 9, 2016Official Minutes872 February 9, 2016Official Minutes873 February 9, 2016Official Minutes874 February 9, 2016Official Minutes875 February 9, 2016Official Minutes876 February 9, 2016Official Minutes877 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationI Airport Committee, ChairMary N. Piepho12/31/2016NO STIPENDI Airport Committee, Vice ChairKaren Mitchoff12/31/2016NO STIPENDI Family & Human Services Committee, ChairCandace Andersen12/31/2016NO STIPENDIFamily & Human Services Committee, Vice ChairFederal D. Glover12/31/2016NO STIPENDI Finance Committee, ChairFederal D. Glover12/31/2016NO STIPENDIFinance Committee, Vice ChairMary N. Piepho12/31/2016NO STIPENDI Hiring Outreach & Oversight Committee, ChairKaren Mitchoff12/31/2016NO STIPENDIHiring Outreach & Oversight Committee, Vice‐ChairJohn Gioia12/31/2016NO STIPENDI Internal Operations Committee, ChairJohn Gioia12/31/2016NO STIPENDIInternal Operations Committee, Vice ChairCandace Andersen12/31/2016NO STIPENDI Legislation Committee, ChairFederal D. Glover12/31/2016NO STIPENDILegislation Committee, Vice ChairKaren Mitchoff12/31/2016NO STIPENDI Public Protection, ChairCandace Andersen12/31/2016NO STIPENDIPublic Protection, Vice ChairJohn Gioia12/31/2016NO STIPENDI Transportation, Water & Infrastructure Committee, ChairMary N. Piepho12/31/2016NO STIPENDITransportation, Water & Infrastructure Committee, Vice ChairCandace Andersen12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD1 of 7February 9, 2016Official Minutes878 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationII Bay Area Counties CaucusKaren Mitchoff12/31/2016NO STIPENDII Bay Area Counties Caucus, AlternateCandace Andersen12/31/2016NO STIPENDII Bay Area Regional Interoperable Communications System (BayRICS) AuthorityMike Casten12/31/2016NO STIPENDII BayRICS Authority, AlternateElise Warren12/31/2016NO STIPENDII California Identification System Remote Access Network Board  (Cal‐ID RAN Board)Mary N. Piepho12/31/2016NO STIPENDII Central Contra Costa Solid Waste AuthorityCandace Andersen12/31/2016STIPEND of $50/meeting; max of 2 paid/monthIICentral Contra Costa Solid Waste AuthorityKaren Mitchoff12/31/2016STIPEND of $50/meeting; max of 2 paid/monthII City‐County Relations CommitteeFederal D. Glover12/31/2016NO STIPENDII City‐County Relations CommitteeMary N. Piepho12/31/2016NO STIPENDII City‐County Relations Committee, AlternateKaren Mitchoff12/31/2016NO STIPENDII Contra Costa Health Plan Joint Conference CommitteeKaren Mitchoff12/31/2016NO STIPENDII Contra Costa Health Plan Joint Conference CommitteeCandace Andersen12/31/2016NO STIPENDII Dougherty Valley Oversight CommitteeMary N. Piepho12/31/2016NO STIPENDII Dougherty Valley Oversight CommitteeCandace Andersen12/31/2016NO STIPENDII East Bay Regional Communication System (EBRCS) Authority Governing BoardKaren Mitchoff12/31/2016NO STIPENDII East Bay Regional Communication System (EBRCS) Authority Governing Board, AlternateCandace Andersen12/31/2016NO STIPENDIIEast Contra Costa County Habitat Conservancy, Governing BoardMary N. Piepho12/31/2016NO STIPENDII East Contra Costa County Habitat Conservancy, Governing Board, AlternateFederal D. Glover12/31/2016NO STIPENDII East Contra Costa Regional Fee & Finance AuthorityMary N. Piepho12/31/2016NO STIPENDII East Contra Costa Regional Fee & Finance Authority, AlternateFederal D. Glover12/31/2016NO STIPENDII East County Water Management AssociationMary N. Piepho12/31/2016STIPEND of $170/meeting; max 6 per monthII East County Water Management Association, AlternateFederal D. Glover12/31/2016STIPEND of $170/meeting; max 6 per monthII eBART (Bay Area Rapid Transit) Partnership Policy Advisory CommitteeFederal D. Glover12/31/2016NO STIPENDII eBART (Bay Area Rapid Transit) Partnership Policy Advisory CommitteeMary N. Piepho12/31/2016NO STIPENDIIFirst 5 Children and Families Commission Alternate MemberKaren Mitchoff12/31/2016NO STIPENDII Hazardous Waste Management Facility Allocation CommitteeKaren Mitchoff12/31/2016STIPEND of $150 per meeting. II Hazardous Waste Management Facility Allocation Committee, AlternateCandace Andersen12/31/2016STIPEND of $150 per meeting. II Library Needs Assessment Steering CommitteeKaren Mitchoff12/31/2016NO STIPEND/inactiveII Medical Services Joint Conference Committee, ChairJohn Gioia12/31/2016NO STIPENDIIMedical Services Joint Conference Committee, Vice ChairFederal D. Glover12/31/2016NO STIPENDII North Richmond Waste and Recovery Mitigation Fee CommitteeJohn Gioia12/31/2016NO STIPENDII North Richmond Waste and Recovery Mitigation Fee Committee, AlternateRobert Rogers12/31/2016NO STIPENDII Open Space/Parks & East Bay Regional Parks District Liaison Committee, ChairFederal D. Glover12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD2 of 7February 9, 2016Official Minutes879 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationII Open Space/Parks & East Bay Regional Parks District Liaison Committee, Vice ChairMary N. Piepho12/31/2016NO STIPENDII Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of TrusteesKaren Mitchoff12/31/2016NO STIPENDII Pleasant Hill BART/Contra Costa Centre Joint Powers Authority Board of TrusteesCandace Andersen12/31/2016NO STIPENDII State Route 4 Bypass AuthorityMary N. Piepho12/31/2016NO STIPENDIIState Route 4 Bypass Authority, AlternateFederal D. Glover12/31/2016NO STIPENDII SWAT (Southwest Area Transportation Committee)Candace Andersen12/31/2016NO STIPENDII SWAT, AlternateKaren Mitchoff12/31/2016NO STIPENDII TRAFFIX (Measure J Traffic Congestion Relief Agency)Candace Andersen12/31/2016NO STIPENDII TRAFFIX (Measure J Traffic Congestion Relief Agency), AlternateKaren Mitchoff12/31/2016NO STIPENDII TRANSPAC (Central County Transportation Partnership and Cooperation)Karen Mitchoff12/31/2016NO STIPENDIITRANSPAC, AlternateCandace Andersen12/31/2016NO STIPENDII TRANSPLAN (East County Transportation Planning)Mary N. Piepho12/31/2016NO STIPENDII TRANSPLAN, AlternateFederal D. Glover12/31/2016NO STIPENDII Tri‐Valley Transportation CouncilCandace Andersen12/31/2016NO STIPENDII Urban Counties CaucusFederal D. Glover12/31/2016NO STIPENDII Urban Counties Caucus, AlternateKaren Mitchoff12/31/2016NO STIPENDII WCCTAC (West County Transportation Advisory Committee)John Gioia12/31/2016NO STIPENDIIWCCTAC, AlternateFederal D. Glover12/31/2016NO STIPENDII West Contra Costa Integrated Waste Management AuthorityFederal D. Glover12/31/2016STIPEND of $50 per meeting. II West Contra Costa Integrated Waste Management Authority, AlternateJohn Gioia12/31/2016STIPEND of $50 per meeting. Note:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD3 of 7February 9, 2016Official Minutes880 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationIII ABAG Regional Planning CommitteeKaren Mitchoff12/31/2016STIPEND of $150 per meeting. III Bay Area Air Quality Management District Board of DirectorsKaren Mitchoff1/20/2020Per diem of $100/meeting + travel exp; max $6,000III Bay Area Air Quality Management District Board of DirectorsJohn Gioia6/17/2017Per diem of $100/meeting + travel exp; max $6,000III Central Contra Costa Transit Authority (CCCTA) Board of DirectorsCandace Andersen5/1/2017STIPEND of $100 per meeting; up to $200 monthIII Central Contra Costa Transit Authority (CCCTA) Board of Directors AlternateKaren Mitchoff5/1/2017STIPEND of $100 per meeting; up to $200 monthIII Contra Costa Transportation Authority Board of Commissioners (seat 1)Federal D. Glover1/31/2017STIPEND of $100 per meeting; up to $400 monthIIIContra Costa Transportation Authority Board of Commissioners (Seat 2)Karen Mitchoff12/31/2018STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority Board of Commissioners, Alternate (Seat 1)John Gioia1/31/2017STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority Board of Commissioners, Second Alternate (Seat 1)Candace Andersen1/31/2017STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority Board of Commissioners, Third Alternate (Seat 1)Mary N. Piepho1/31/2017STIPEND of $100 per meeting; up to $400 monthIII Contra Costa Transportation Authority, Alternate (Seat 2)Candace Andersen12/31/2018STIPEND of $100 per meeting; up to $400 monthIII Local Agency Formation CommissionFederal D. Glover5/7/2018STIPEND of $150 per meeting. III Local Agency Formation CommissionMary N. Piepho5/7/2018STIPEND of $150 per meeting. III Local Agency Formation Commission, AlternateCandace Andersen5/4/2020STIPEND of $150 per meeting. III Metropolitan Transportation CommissionFederal D. Glover2/1/2019STIPEND of $100/meeting; up to $500/month per agency.III Regional Airport Planning CommitteeKaren Mitchoff12/31/2016inactiveIIISan Joaquin Valley Rail CommitteeNow composed of non‐elected officials.eff. 10/9/15NO STIPENDIII San Joaquin Valley Rail CommitteeNow composed of non‐elected officials.eff. 10/9/15NO STIPENDIII Tri Delta Transit Authority, Board of Directors (Seat 1)Federal D. Glover12/31/2016STIPEND of $100/monthIII Tri Delta Transit Authority, Board of Directors (Seat 2)Mary N. Piepho12/31/2017STIPEND of $100/monthIII Water Emergency Transportation Authority (WETA), Community Advisory CommitteeFederal D. Glover12/31/2016NO STIPENDIII WETA, Community Advisory Committee, AlternateJohn Gioia12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD4 of 7February 9, 2016Official Minutes881 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationIV ABAG (Association of Bay Area Counties) General AssemblyFederal D. Glover12/31/2016NO STIPENDIV ABAG Executive Board (Seat 1)Karen Mitchoff6/30/2018STIPEND of $150 per meeting. IV ABAG Executive Board (Seat 2)Candace Andersen6/30/2018STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 1John Gioia6/30/2018STIPEND of $150 per meeting. IV ABAG Executive Board, Alternate 2Mary N. Piepho6/30/2018STIPEND of $150 per meeting. IVABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee Karen Mitchoff12/31/2016NO STIPENDIVABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, First AlternateRussell Watts12/31/2016NO STIPENDIVABAG Finance Authority for Nonprofit Corporations Board of Directors and its Executive Committee, Second AlternateBelinda Zhu12/31/2016NO STIPENDIVABAG General AssemblyKaren Mitchoff12/31/2016NO STIPENDIV ABAG General Assembly, AlternateCandace Andersen12/31/2016NO STIPENDIV ABAG General Assembly, AlternateJohn Gioia12/31/2016NO STIPENDIV Bay Conservation & Development CommissionJohn Gioia12/31/2016STIPEND of $100 per meeting; max of 4 meetings.IV Bay Conservation & Development Commission, AlternateFederal D. Glover12/31/2016STIPEND of $100 per meeting; max of 4 meetings.IV CCCERA (Contra Costa County Employees Retirement Association) Board of TrusteesCandace Andersen6/30/2017STIPEND of $100 per meeting.IV Clayton Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV Concord Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV Contra Costa County Redevelopment Successor Agency Oversight BoardFederal D. GloverUnspecifiedNO STIPENDIV Contra Costa County Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV CSAC (California State Association of Counties) Board of DirectorsJohn Gioia11/28/2017NO STIPENDIV CSAC Board of Directors, AlternateKaren Mitchoff11/28/2017NO STIPENDIV Delta Diablo Sanitation District Governing BoardFederal D. Glover12/31/2016STIPEND of $170 per meeting; max of 6 meetings.IVDelta Diablo Sanitation District Governing Board, AlternateKaren Mitchoff12/31/2016STIPEND of $170 per meeting; max of 6 meetings.IV Delta Protection CommissionMary N. Piepho12/31/2016NO STIPENDIV Delta Protection Commission, AlternateKaren Mitchoff12/31/2016NO STIPENDIV Doctors Medical Center Management Authority Governing BoardINACTIVEUnspecifiedNO STIPENDIV First 5 Children and Families Commission MemberFederal D. Glover12/31/2016NO STIPENDIV Kensington Solid Waste Coordinating CommitteeJohn Gioia*UnspecifiedNO STIPENDIV Law Library Board of TrusteesThomas Cain12/31/2016NO STIPENDIV Mental Health CommissionCandace Andersen12/31/2016NO STIPENDIV Mental Health Commission, AlternateMary N. Piepho12/31/2016NO STIPENDIV North Coast Shoreline Joint Powers AuthorityFederal D. Glover12/31/2016NO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD5 of 7February 9, 2016Official Minutes882 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationIV North Coast Shoreline Joint Powers Authority John Gioia12/31/2016NO STIPENDIV Pittsburg Redevelopment Successor Agency Oversight BoardFederal D. GloverUnspecifiedNO STIPENDIV Pleasant Hill Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDIV Sacramento‐San Joaquin Delta Conservancy BoardKaren MitchoffUnspecifiedNO STIPENDIV Sacramento‐San Joaquin Delta Conservancy Board, AlternateMary N. PiephoUnspecifiedNO STIPENDIV San Pablo Redevelopment Successor Agency Oversight BoardVACANTUnspecifiedNO STIPENDIV Walnut Creek Redevelopment Successor Agency Oversight BoardKaren MitchoffUnspecifiedNO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD6 of 7February 9, 2016Official Minutes883 ATTACHMENT A TO RESOLUTION NO. 2016/79CONTRA COSTA COUNTY BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS2016New TermType*Committee NameAppointeeExpirationStipend InformationV Industrial Safety Ordinance/Community Warning System Ad Hoc CommitteeJohn GioiaUnspecifiedNO STIPENDV Industrial Safety Ordinance/Community Warning System Ad Hoc CommitteeFederal D. GloverUnspecifiedNO STIPENDV Northern Waterfront Economic Development Ad Hoc CommitteeFederal D. GloverUnspecifiedNO STIPENDV Northern Waterfront Economic Development Ad Hoc CommitteeMary N. PiephoUnspecifiedNO STIPENDV Sustainability Ad Hoc Committee, ChairJohn GioiaUnspecifiedNO STIPENDVSustainability Ad Hoc Committee, Vice ChairFederal D. GloverUnspecifiedNO STIPENDNote:  Type 1:  Internal Standing Committees; Type II:  Internal appts; Type III: Regional appts; Type IV:  Special/Restricted appts; Type V:  ad hoc committeesAs of 2/9/16*Or his designee** Appointed by CCC Fire Protection District BOD7 of 7February 9, 2016Official Minutes884 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid Student Training Agreement #22-153-10 with San Francisco State University, an educational institution, to provide supervised field instruction in County’s Public Health Division for nursing students, for the period from March 1, 2016 through February 28, 2019. FISCAL IMPACT: None. BACKGROUND: The purpose of this agreement is to provide San Francisco State University nursing students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefiting APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: Dan Peddycord, 313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 96 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:San Francisco State University Unpaid Student Training Agreement #22-153-10 February 9, 2016 Official Minutes 885 BACKGROUND: (CONT'D) from the students’ services to patients. On February 26, 2013, the Board of Supervisors approved Contract #22-153-9 with San Francisco State University for the provision of supervised fieldwork instruction experience with Health Services, for the period from March 1, 2013 through February 29, 2016. Approval of Unpaid Student Training Agreement 22-153-10 will allow San Francisco State University students to receive supervised fieldwork instruction experience, in County’s Public Health Division, through February 28, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the students will not receive supervised fieldwork instruction experience in County’s Public Health Division. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 886 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid Student Training Agreement #26-283-7 with Samuel Merritt University, a California corporation and educational institution to provide supervised field instruction at Contra Costa Regional Medical Center and Contra Costa Health Centers, to nursing, physical therapist and occupational therapist students, from April 1, 2016 through March 31, 2018. FISCAL IMPACT: None. BACKGROUND: The purpose of this agreement is to provide Samuel Merritt University nursing, physical therapist and occupational therapist students with the opportunity to integrate academic APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I 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 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: M Wilhelm, D Morgan C. 94 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 9, 2016 Contra Costa County Subject:Unpaid Student Training Agreement #26-283-7 with Samuel Merritt University February 9, 2016 Official Minutes 887 BACKGROUND: (CONT'D) knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefiting from the students’ services to patients. On June 25, 2013, the Board of Supervisors approved Contract #26-283-6 with Samuel Merritt University for the provision of supervised fieldwork instruction experience with Health Services, for the period from April 1, 2013 through March 31, 2016. Approval of Unpaid Student Training Agreement #26-283-7 will allow Samuel Merritt University students to receive supervised fieldwork instruction experience, at Contra Costa Regional Medical Center and Contra Costa Health Centers, through March 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the students will not receive supervised fieldwork instruction experience at Contra Costa Regional Medical Center and Contra Costa Health Centers. CHILDREN'S IMPACT STATEMENT: Not applicable. February 9, 2016 Official Minutes 888 RECOMMENDATION(S): APPROVE and AUTHORIZE Contra Costa County to participate in the 2016 California State Fair with a Contra Costa County Booth in the County Booth section. APPROVE and AUTHORIZE the Chair of the Board to sign the 2016 Counties Exhibits Entry Form DIRECT District III staff to coordinate with east county resident, Deb Spinola and the Contra Costa County Fair Board, Contra Costa County Farm Bureau, Brentwood Chapter of the Future Farmers of America and County 4-H members on the development of a plan for participation and construction of a booth at the 2016 California State Fair. FISCAL IMPACT: No County cost; all services donated. Any prize monies are to be allocated at a twenty percent split between the Heritage Foundation of Contra Costa County with the balance allocated to defray cost of design, development, labor and construction of the display. BACKGROUND: In order to have a booth at the California State Fair, the County must get approval by their Board of Supervisors. Additionally, the County is required to provide proof of commercial general liability insurance coverage at all times while the County or its agents have access to the Cal Expo grounds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/09/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:John Gioia, District I Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 9, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.104 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:February 9, 2016 Contra Costa County Subject:CONTRA COSTA COUNTY, 2016 CALIFORNIA STATE FAIR February 9, 2016 Official Minutes 889 BACKGROUND: (CONT'D) Participation at the California State Fair is an opportunity to further promote our County's resources from agriculture to business, commerce to recreational opportunities and all the amenities Contra Costa County has to offer. Additionally, the County booth participation is an avenue for FFA and 4-H youth to use the skills they have learned in their program and to contribute back their community. There is also a potential for prize monies for the County booth. In 2012 the Contra Costa County State Fair Booth received a Silver Award and $4,015.34. In 2014, the Contra Costa County State Fair Booth received the Silver Award and $4,567.63. ATTACHMENTS 2016 Counties Entry Form February 9, 2016 Official Minutes 890 Counties Exhibits Entry Form Mailing Address:Counties ExhibitsCalifornia State FairP.O. Box 15649Sacramento, CA 95852-1649 Shipping Address:Counties ExhibitsCalifornia State Fair1600 Exposition Blvd.,Sacramento, CA 95815 Entry Form Instructions: 1. Refer to Competition Handbook for complete rules, conditions and entry deadlines. 2. Print or type all information where applicable. 3. If needed, fill out form STD 204 and submit with or at- tach to this form. Entries will not be accepted without this information. See handbook for details. 4. Exhibit Representative Information, Board of Supervi- sor Approval, Division and Space Selection Request must be complete and received no later than 4:30pm, February 26, 2016. Entries will not be accepted without this information. 5. Mail completed entry form to the address above. 6. Faxed forms must be followed by a signed paper entry form. Counties Exhibits Authorization and Appointment Please print. The Board of Supervisors of the County of ______________________________________________ Appointment of Exhibit Representative Has appointed _____________________________________ as official representative(s) of the County to be responsible for the County’s exhibit and to make decisions, requests, and any protests on behalf of the County. Board of Supervisors ApprovalThis entry must be signed by the Chairman of the Board, the Clerk of the Board or the Executive Officer of the Board. Signature_________________________________ Printed Name ___________________________ Title _____________________________________ Date __________________________________Upon signature and submission of entry form, the county agrees with, understands and accepts all rules, regulations and conditions of the Counties Exhibits Competition Handbook. County agrees to take responsibility for providing general li-ability insurance as outlined on the reverse side of this form. Exhibit Representative Information Title ___________________________________ Telephone (office or residence) ______________ Email __________________________________ Mailing Address__________________________ City ____________________________________ State __________ Zip Code ________________ Premium Payee InformationCounty has authorized any award money for, or on account of, an exhibit representing said county to be paid by the Cali-fornia Exposition and State Fair in Sacramento, California, to the following person(s) or organization (for the year 2016) only. Payee Organization Name _____________________________ Phone ( ) __________________ Payee Contact Name _______________________________________________________________ Payee Address ______________________________ City __________________________________ State _______ Zip Code ____________ Email ___________________________________________All Premium Payees MUST provide their Social Security Numbers or Tax ID number on form STD 204, Payee Date Re-cord, which must be attached to or submitted with the Official Entry Form. Government Agencies named as payee do not need to send form STD 204. Organization_____________________________ Telephone (cell) __________________________ Fax ( ) _____________________________ Shipping Address _________________________ City ____________________________________ State ___________ Zip Code _______________ February 9, 2016 Official Minutes 891 County Name ______________________________ Entry Division Please indicate your entry division by checking the appropriate box. Division 1: Community Built Exhibit (individual, group or company that will design and build one and only one County Exhibit) Division 2: Professionally Built Exhibit (Individual, group or company that will design and build more than one County Exhibit) Space Configuration Request Please indicate in the box your 1st, 2nd, 3rd and 4th choices for space design. Counties sending in the Official Entry form before or by the deadline will have consideration for their 1st choice over those counties who do not meet the deadline. Note: There are a limited number of spaces available. Please confirm your space configuration before finalizing your design. 16 x 16 Island 16’ x 16’ Back Wall 16’ x 16’ Corner Combo; 16’ x 16’ plus 10’ x 20’ Although space requests will be carefully considered, the State Fair reserves the right to assign or limit space as it deems appropriate. Please put our county’s space next to _________________________________ County. Exhibit Builder Information Builder ___________________________________ Address _______________________________ City __________________________________ State _______ Zip Code ______________________ Email _________________________________ Telephone (cell) ___________________________ General Liability InsuranceAt all times while the County or its agents have access to the Cal Expo grounds, (June 15, 2016 through August 8, 2016) County shall provide proof of commercial general liability insurance coverage with minimum limits of at least $1,000,000 per occurence combined single limit for bodily injury and property damage and cover damages for bodily injury, property damage, personal injury liability, and products and completed operations liability. The general liability insurance coverage shall include the following provision: State of California, California Exposition & State Fair, its agents, officers, direc-tors, employees, and servnts are made additional insured but only insofar as the operations under this agree-ment are concerned. If County is self-insured, County must continue to be self-insured or must acquire appropriate insurance coverage. County must submit an insurance certificate or, if self-insured, a letter confirming self-insurance to Cal Expo prior to hav-ing access to the Cal Expo grounds. Workers’ Compensation InsuranceAll employees or agents of County shall be covered by workers’ compensation insurance as required by law. Insurance certificates or letters to be submitted to address listed on front of Entry Form. Office Use Only Fax/Postmark Date _______________ Initials _________ Exhibit Space # _________________ Plaque Delivered/Sent ____________________ Premiums Mailed ________________________ February 9, 2016 Official Minutes 892