HomeMy WebLinkAboutMINUTES - 03292016 - Comp Min PktCALENDAR FOR THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD
BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET
MARTINEZ, CALIFORNIA 94553-1229
CANDACE ANDERSEN, CHAIR, 2ND DISTRICT
MARY N. PIEPHO, VICE CHAIR, 3RD DISTRICT
JOHN GIOIA, 1ST DISTRICT
KAREN MITCHOFF, 4TH DISTRICT
FEDERAL D. GLOVER, 5TH DISTRICT
DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA,
MAY BE LIMITED TO TWO (2) MINUTES.
A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR.
The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of
Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated.
ANNOTATED AGENDA & MINUTES
March 29, 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; Teamsters Local 856.
2. Agency Negotiators: David Twa.
Unrepresented Employees: All unrepresented employees.
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to Gov. Code, § 54956.9(d)(4): One potential case
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 1700 Oak Park Blvd., Pleasant Hill
Agency Negotiator: Karen Laws, Principal Real Property Agent
Negotiating Parties: Contra Costa County and Pleasant Hill Recreation & Park District
Under negotiation: Price and payment terms
9:30 a.m. Call to order and opening ceremonies.
March 29, 2016 Contra Costa County BOS Official Minutes 1
Inspirational Thought- “We cannot seek achievement for ourselves and forget about progress and prosperity for
our community... Our ambitions must be broad enough to include the aspirations and needs of others, for their
sakes and for our own.” ~ Cesar Chavez.
Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Karen Mitchoff, District IV Supervisor; Federal
D. Glover, District V Supervisor
Absent: Mary N. Piepho, District III Supervisor
Staff Present:David Twa, County Administrator
There were no announcements from Closed Session.
CONSIDER CONSENT ITEMS (Items listed as C.1 through C.116 on the following agenda) – Items are
subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member
of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.
PRESENTATIONS (5 Minutes Each)
PRESENTATION recognizing Chief Assistant CAO Theresa Speiker on the completion of her
employment with Contra Costa County. (David Twa, County Administrator)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
PRESENTATION honoring the Contra Costa Regional Medical Centers and the Behavioral Health
Division on the prestigious designation as Leader in Lesbian, Gay, Bisexual and Transgender Healthcare
Equality Index for the years of 2015 and 2016 by the Human Rights Campaign. (Supervisor Gioia)
Speakers: Joanne Genet and Vanessa Blum.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
PR.3 PRESENTATION recognizing the generosity of Maddies' Fund and to thank them for their financial
support over the past 11 years, which has enhanced the care and well-being of animals in the County's
shelters and provided special humane welfare and education programs for the residents of Contra Costa
County. (Beth Ward, Animal Services Director)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
DISCUSSION ITEMS
D. 1 CONSIDER Consent Items previously removed.
Consent item C.38 was removed from the calendar to allow staff to clarify that funding is from the
General Fund allocation to the Homeless Program and adopted as corrected.
D. 2 PUBLIC COMMENT (2 Minutes/Speaker)
Wesley Brinkman, The Church of Jesus Christ of Latter-Day Saints, invited the Board to attend the
March 29, 2016 Contra Costa County BOS Official Minutes 2
Wesley Brinkman, The Church of Jesus Christ of Latter-Day Saints, invited the Board to attend the
Just Serve Helping Hands Service Day event on April 30 at LDS church, distributing meals to children
and to attend services on a Sunday;
Eli D., resident of Martinez, complimented the Ceasar Chavez Committee on the Board chamber
decorations, noted that regardless of gender identity all people deserve to be treated well; and stated
that there needs to better oversight of police officer behavior throughout the country, with reforms a
priority.
D. 3 CONTINUE to April 12, 2016 at 9:30 a.m., DECLARATION of the Board of Supervisors intent to
become a member of a Groundwater Sustainability Agency for the portion of the Tracy Sub-basin within
Contra Costa County to sustainably manage groundwater resources within the County and comply with the
Sustainable Groundwater Management Act, as recommended by the Transportation, Water and
Infrastructure Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D. 4 HEARING to consider adopting Resolution No. 2016/142 approving a Purchase and Sale Agreement
for the conveyance of real property located at Las Juntas Way in Walnut Creek to Habitat for Humanity
East Bay/Silicon Valley, Inc., for $3,000,000, and take related California Environmental Quality Act
actions. (100% Housing Successor Low and Moderate Income Housing Asset Fund)
By unanimous vote, the Board accepted a revised version of the Purchase and Sale Agreement into the
record (attached).
CLOSED the hearing; APPROVED Resolution No. 2016/142 for the conveyance of real property to Habitat for
Humanity East Bay/Silicon Valley, Inc. a California non-profit public benefit corporation (the “Developer”), in accordance
with the purchase and sale agreement pursuant to Health and Safety Code Sections 33430, 33431, and 33433, making
specified findings supported by a report prepared in compliance with the requirements of Section 33433;
DETERMINED that this activity will not have a significant effect on the environment and that it has been determined to be
exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines Section 15332, in-fill
development projects.;
DIRECTED the Director of the Department of Conservation and Development (DCD) to file a Notice of Exemption with the
County Clerk;
AUTHORIZED the Director of the Department of Conservation and Development (DCD to arrange for payment of a $50 fee
to the County Clerk for filing of the Notice of Exemption;
DECLARED that the Notice to Sell Real Property was duly published in the Contra Costa Times in compliance with Govt.
Code Section 6066;
DETERMINE the property is being transferred to improve, increase, or preserve the supply of low- and moderate-income
housing available at affordable housing costs pursuant to Health and Safety Code Sections 33334.2 and 34176.1;
AUTHORIZED the Chair, Board of Supervisors, or designee, to execute the Grant Deed and all ancillary documents
necessary to implement the sale of the Property, AUTHORIZED the Public Works Director, or designee, to execute the
Purchase and Sale Agreement and all ancillary documents necessary to implement the sale of the Property, and
AUTHORIZED the Director of the Department of Conservation and Development, or designee, to execute the Regulatory
Agreement and all ancillary documents necessary to implement the sale of the Property on behalf of the County; and
DIRECTED the Real Estate Division of the Public Works Department to cause said Grant Deed to be delivered to Old
Republic Title Company, 555 12 th Street, Suite 2000, Oakland, CA 94607, their Escrow No. 1117014769-JM, for recording
in the office of the County Clerk-Recorder.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D.5
March 29, 2016 Contra Costa County BOS Official Minutes 3
D.5 Acting as the governing body of the Wiedemann Ranch Geologic Hazard Abatement District (GHAD),
conduct HEARING to consider adoption of GHAD Resolution No. 2016/102 approving the annexation of
the Podva Property Development into the Wiedemann Ranch GHAD and approving the Podva Property
Development Annexation Plan of Control. (Patricia Curtin, GHAD Attorney)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D.6 CONSIDER approving and authorizing the Health Services Director, or designee, to execute a contract
with Resource Development Associates, Inc. in an amount not to exceed $100,000 annually to provide
consultation and technical assistance with regard to the evaluation of the County’s Assisted Outpatient
Treatment program for persons with serious mental illness who demonstrate resistance to voluntarily
participating in behavioral health treatment; for the period from November 16, 2015 through June 30,
2019. (100% State Mental Health Services Act Funding) (Continued from March 8, 2016)
Speakers: Margaret L. Netherby, NAMI; Susan Norwick Horocks, resident of Orinda; Duane
Chapman, resident of Contra Costa; Douglas Dunn, resident of Antioch (handout attached); Lauren
Rettagliata, resident of Danville.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D. 7 HEARING to consider the County Planning Commission recommendation to adopt an amendment to
the 2005-2020 County General Plan Growth Management Element to add the Contra Costa Transportation
Authority Correspondence Table and minor explanatory text. (Will Nelson, Conservation and
Development Department)
CLOSED the public hearing; FOUND the project is exempt from CEQA; and ADOPTED the General Plan Amendment,
County File #GP16-0001, adding the Contra Costa Transportation Authority (CCTA) Correspondence Table and minor
explanatory text to the 2005-2020 County General Plan Growth Management Element.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D. 8 CONSIDER adopting Resolution No. 2016/137 approving the Memoranda of Understanding between
Contra Costa County and Deputy Sheriffs' Association Management Unit and Rank and File Unit,
implementing negotiated wage agreements and other economic terms and conditions of employment
beginning July 1, 2016 through June 30, 2019. (David Twa, County Administrator)
Speaker: Shawn Welch, Deputy Sheriff's Association.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D. 9 CONSIDER adopting Resolution No. 2016/141 to provide for salary increases for the Sheriff-Coroner
and Sheriff-Coroner unrepresented sworn positions to parallel those in the new Deputy Sheriffs'
Association Memorandum of Understanding (Management Unit) for the period July 1, 2016 and beyond.
(David Twa, County Administrator)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
March 29, 2016 Contra Costa County BOS Official Minutes 4
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
D. 10 CONSIDER reports of Board members.
There were no items reported today.
ADJOURNED in memory of Lester “Skip” Ipsen, resident of Clayton and founder of Skipolinis Pizza. ADJOURNED in
memory of Malik Taylor also known as rapper Phife Dawg, resident of Oakley.
11:00 a.m.
D.10
23rd Annual Cesar E. Chavez Commemorative Celebration
The Board intends to start the celebration at the scheduled time. Agenda items that are not heard before
11:00 a.m. may be continued to later in the day at the discretion of the Board Chair.
2016 Youth Hall of Fame: Good Samaritan - Daisy Poblano; Artiste - Lauren Furman; Valiant
Volunteer: Fadua "Kimmy" Guemblie Farjat; Sports Leadership - Frank McNulty Bedde IV; School
Leadership - Lindsey Parnas; Outstanding Youth - Christopher Hou.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
ADJOURN
CONSENT ITEMS
Road and Transportation
C. 1 APPROVE the conveyance of a portion of two slope easements to San Marco Properties, LLC,
Pittsburg area, as recommended by the Public Works Director. (100% Contra Costa Transportation
Authority funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 2 ADOPT Traffic Resolution No. 2016/4440 to prohibit parking or stopping at all times for any
vehicles, except for those vehicles of individuals with disabilities (blue curb), on a portion of Market
Avenue (Road No. 0565L), as recommended by the Public Works Director, North Richmond area. (No
fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 3 APPROVE the Clifton Court Road Bridge Repair Project and related actions under the California
Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the
project, Byron area. (100% Local Road Funds)
March 29, 2016 Contra Costa County BOS Official Minutes 5
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 4 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract
amendment with Summit CM, Inc. (dba Summit Associates (Summit)), effective July 7, 2015, to update
payment provisions with no change to original term or payment limit of $150,000, for on-call materials
testing and inspection services, countywide. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 5 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract
amendment with Summit CM, Inc. (dba Summit Associates (Summit)), effective April 14, 2015, to update
payment provisions with no change to original term or payment limit of $300,000, for on-call construction
management services, countywide. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 6 ADOPT Resolution No. 2016/138 accepting as complete the contracted work performed by FBD
Vanguard Construction, Inc., for the San Pablo Dam Road Walkability Project, as recommended by the
Public Works Director, El Sobrante area. (44% Transportation for Livable Communities Funds, 16%
Proposition 1B Funds, and 40% Local Road Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Engineering Services
C. 7 ADOPT Resolution No. 2016/126 accepting completion of the warranty period and release of cash
deposit under the Subdivision Agreement (Right-of-Way Landscaping) for road acceptance RA06-01214,
a project being developed by Windemere BLC Land Company, LLC, as recommended by the Public
Works Director, San Ramon (Dougherty Valley) area. (100% Developer Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 8 ADOPT Resolution No. 2016/127 accepting completion of warranty period and release of cash deposit
under the Road Improvement Agreement for road acceptance RA06-01214, a project being developed by
Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon
(Dougherty Valley) area. (100% Developer Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 9 ADOPT Resolution No. 2016/128 approving the fifth extension of the Subdivision Agreement for
March 29, 2016 Contra Costa County BOS Official Minutes 6
C. 9 ADOPT Resolution No. 2016/128 approving the fifth extension of the Subdivision Agreement for
minor subdivision MS02-00002, for a project being developed by Lafayette Partners, LLC, as
recommended by the Public Works Director, El Sobrante area. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Special Districts & County Airports
C. 10 Acting as the Governing Board of the Contra Costa County Fire Protection District (CCCFPD),
APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract with Cascade Healthcare
Services, LLC ( dba Cascade Training Center), in an amount not to exceed $130,000 to provide emergency
medical services training for first responder personnel for the period March 1, 2016 to February 28, 2017.
(100% CCCFPD Operating Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 11 AUTHORIZE the Director of Airports, or designee, to negotiate a ground lease and development
terms between the County, as Landlord, and Montecito Aviation Group, as the developer, for
approximately three acres of land on the northeast corner of Marsh Drive and Sally Ride Drive at the
Buchanan Field Airport. (100% Airport Enterprise Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 12 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month
hangar rental agreement with George Grech for a shade hangar at Buchanan Field Airport effective April
1, 2016 in the monthly amount of $177.07. (100% Airport Enterprise Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 13 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month
hangar rental agreement with Sean McLellan for a T-hangar at Buchanan Field Airport effective March
10, 2016 in the monthly amount of $394.10. (100% Airport Enterprise Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 14 ADOPT Resolution No. 2016/131 ordering the preparation of an Engineer’s Report and related
proceedings for levy and collection of assessments for Countywide Landscaping District AD 1979-3
(LL-2) Fiscal Year 2016/2017, as recommended by the Public Works Director, Countywide. (100%
Countywide Landscaping District AD 1979-3 (LL-2) Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
March 29, 2016 Contra Costa County BOS Official Minutes 7
Other: District III Supervisor Mary N. Piepho (ABSENT)
Claims, Collections & Litigation
C. 15 DENY claims filed by James, Matthew, Bailey, Hillary and Paige Butler, Mackenzie Crane, Cole
Kearney, Zoila Lopez, Seyed-Omid Mousavirad, United Services Automobile Association, Lucher Verano,
and Viking Client Services on behalf of The Hertz corporation. DENY Application to File Late Claim
Claimant for Keith Lucia & Mary Sue Lucia on behalf of The Estate of Megan Nicole Lucia.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Statutory Actions
C. 16 APPROVE Board meeting minutes for February 2016, as on file with the Office of the Clerk of the
Board.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Honors & Proclamations
C. 17 ADOPT Resolution No. 2016/114 honoring the Contra Costa Regional Medical Centers and the
Behavioral Health Division on the prestigious designation as Leader in Lesbian, Gay, Bisexual and
Transgender Healthcare Equality Index for the years of 2015 and 2016 by the Human Rights Campaign, as
recommended by Supervisor Gioia.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 18 ADOPT Resolution No. 2016/145 recognizing the generosity of Maddies' Fund support of animal
services over the past 11 years for Contra Costa County residents, as recommended by the Animal
Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 19 ADOPT Resolution No. 2016/144 recognizing the one-year anniversary of the Central County Family
Justice Center, as recommended by Supervisors Mitchoff and Andersen.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 20 ADOPT Resolution No. 2016/148 recognizing Chief Assistant County Administrator Theresa Speiker
on the completion of her employment with Contra Costa County, as recommended by the County
Administrator.
March 29, 2016 Contra Costa County BOS Official Minutes 8
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 21 ADOPT Resolution No. 2016/119 recognizing the 2016 Youth Hall of Fame honorees of the 23rd
Annual Cesar E. Chavez Commemorative Celebration, as recommended by the Cesar Chavez Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Ordinances
C. 22 INTRODUCE Ordinance No. 2016-09 amending the County Ordinance code to remove certain
classes from the Information technology and Health-Medical groups of job classifications that are excluded
from the Merit System and reorder the exempt classifications in the Health-Medical group, WAIVE
reading, and FIX April 12, 2016 for adoption, as recommended by the County Administrator.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Hearing Dates
C. 23 ADOPT Resolution No. 2016/129, declaring the intention to form Zone 212 within County Service
Area P-6 in the Bay Point area of the county; and fixing a public hearing for April 26, 2016, at 9:30 a.m. to
consider public input regarding the establishment of Zone 212 and adoption of Ordinance No. 2016-07
authorizing the levy of a special tax within Zone 212 to fund police protection services, as recommended
by the Conservation and Development Director. (100% Developer Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Appointments & Resignations
C. 24 ACCEPT the resignation of Richard SanVicente from the Advisory Council on Aging, DECLARE
vacant the Member At Large #1 seat, and DIRECT the Clerk of the Board to post the vacancy, as
recommended by the Employment and Human Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 25 APPOINT Mary Flott to the At Large #1 seat, Nora Foster to the At Large #5 seat, and Karin Kauzer
to the School Representative seat on the Family and Children's Trust Committee, as recommended by the
Family and Human Services Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
March 29, 2016 Contra Costa County BOS Official Minutes 9
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 26 REAPPOINT Wilson Cheng to the Consumer Under 60 - Seat 1 and Catherine Cratty to the
Consumer 60 or Older - Seat 2 on the In-Home Supportive Services Public Authority Advisory
Committee, as recommended by the Family and Human Services Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 27 ACCEPT resignation of David Kahler, DECLARE a vacancy in the District IV At Large seat on the Mental Health
Commission, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Mitchoff.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 28 APPOINT the Mark Ross to the City #2 seat and Rich Kinney to the City #2 Alternate seat on the
Hazardous Materials Commission, as recommended by the Health Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 29 APPOINT Lesley Belcher to the Appointee 1 seat and REAPPOINT Richard Kane to the Appointee 5
seat on the Discovery Bay P-6 Citizen Advisory Committee, as recommended by Supervisor Piepho.
CORRECTED to READ: APPOINT Lesley Belcher to the Appointee 1 seat and REAPPOINT Richard
Kane Knee to the Appointee 5 seat on the Discovery Bay P-6 Citizen Advisory Committee, as
recommended by Supervisor Piepho.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 30 REAPPOINT Sydney Anderson to the District III seat on the In-Home Supportive Services Advisory
Committee, as recommended by Supervisor Piepho.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 31 ACCEPT resignation of Devlyn Sewell from the Economic Opportunity Council, DECLARE a
vacancy in the Low Income Alternate seat, and DIRECT the Clerk of the Board to post the vacancy, as
recommended by the Employment and Human Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 32 APPOINT Devlyn Sewell to the Private/Non-Profit No. 5 seat on the Economic Opportunity Council,
as recommended by the Employment and Human Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
March 29, 2016 Contra Costa County BOS Official Minutes 10
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Appropriation Adjustments
C. 33 Health Services Department (0450): APPROVE Appropriation and Revenue Adjustment No. 5055
authorizing increasing appropriations of $32,000 for capital equipment and revenue for the purchase of
equipment for the Senior Nutrition Program. (100% offset by Revenue)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 34 Sheriff's Office (0255)/Fleet ISF (0064): APPROVE Appropriation Adjustment No. 5054 authorizing
the transfer of appropriations in the amount of $31,600 from the Sheriff's Office to the Fleet Internal
Services Fund for the purchase of one additional patrol vehicle. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Intergovernmental Relations
C. 35 ADOPT an amendment to the County's adopted Federal Platform include and support for funding for
the development of an Emergency Operations Center as the County's top priority for federal funding
needs, as recommended by the Legislation Committee. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Personnel Actions
C. 36 ADOPT Position Adjustment Resolution No. 21836 to add one Personnel Technician position
(represented) and cancel one Personnel Services Assistant position (represented) in the Health Services
Department. (Cost savings, Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 37 ADOPT Position Adjustment Resolution No. 21842 to add one Health Plan Authorization
Representative position (represented) in the Health Services Department. (100% CCHP Enterprise Fund II)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 38 ADOPT Position Adjustment Resolution No. 21843 to add one Mental Health Housing Services
Coordinator and cancel one part time Clerk Experienced Level position (represented) in the Health
Services Department. (100% Mental Health Realignment Fund)
March 29, 2016 Contra Costa County BOS Official Minutes 11
Speaker: Catherine Rettagliata, resident of Danville.
CORRECTED to READ: ADOPT Position Adjustment Resolution No. 21843 to add one Mental Health
Housing Services Coordinator and cancel one part time Clerk Experienced Level position
(represented) in the Health Services Department (100% Mental Health Realignment Fund) (100% Homeless
Program)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 39 ADOPT Position Adjustment Resolution No. 21809 to add one part time (20/40) Clerk-Experienced
Level (represented) position and one part time (20/40) Librarian (represented) position; and cancel one
Library Assistant-Journey Level (represented) position in the Library Department. (100% Library Fund,
Cost savings)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Grants & Contracts
APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for
receipt of fund and/or services:
C. 40 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply
for and accept grant funding in an amount not to exceed $15,000 from the City of Brentwood to provide
advisory, training, and outreach services to Brentwood businesses for the period July 1, 2016 through June
30, 2017. (No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 41 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with
the California Department of Food and Agriculture to reimburse the County in an amount not to exceed
$14,550 for the Petroleum Products Program, for the period July 1, 2016 through June 30, 2017. (No
County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 42 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply
for and accept Wells Fargo Foundation grant funding in an amount not to exceed $25,000 for outreach,
advising, and group training services to the small business communities in Brentwood, Knightsen and
Oakley for the period July 1, 2016 through June 30, 2017. (No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 43
March 29, 2016 Contra Costa County BOS Official Minutes 12
C. 43 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept California
State Library grant funding in the amount not to exceed $80,000 to meet the operational and services
expenses required by Project Second Chance, the Contra Costa County Library adult literacy program, to
provide adult literacy services for the period July 1, 2016 through June 30, 2017. (85% Library Fund, 15%
State match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 44 ADOPT Resolution No. 2016/135 approving and authorizing County Probation Officer, or designee,
to apply for and accept funding under the Mentally Ill Offender Crime Reduction Grant Program from the
California Board of State and Community Corrections in an amount not to exceed $950,000 to enhance
Mental Health Services for mentally ill youth on probation for the period of October 1, 2015 through June
30, 2018. (75% State, 25% Match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 45 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a
subcontract agreement, including modified indemnification language, with the Association of Bay Area
Governments to accept grant funding in an amount not to exceed $176,334 from the California Public
Utilities Commission (CPUC) to support marketing, education, and outreach for energy efficiency
programs, for the period January 1 through December 31, 2016. (100% CPUC Grant Funds, no County
match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 46 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply
for and accept U.S. Department of Labor Employment and Training Administration, Summer Jobs and
Beyond: Pathways for Youth grant funds in an amount not to exceed $2,000,000, to provide training,
technical assistance, and demonstration projects to in-school and out-of-school youth, ages 16-24 years,
who are new entrants and who have never participated in the workforce, or have limited work experience,
for the period May 5, 2016 through May 4, 2018. (No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 47 APPROVE and AUTHORIZE the Animal Services Director, or designee, to accept Maddie's Fund
grant award in the amount of $130,000 to establish a five-year strategic plan, improve animal housing and
to support programming that increases live release rate outcomes. (No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
March 29, 2016 Contra Costa County BOS Official Minutes 13
C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
the Contra Costa County Superior Court of California, to pay the County an amount not to exceed $90,000
to support services provided to participants in County’s Behavioral Health Services Division/Alcohol and
Other Drug Services’ Drug Court Program for the period July 1, 2015 through June 30, 2016. (100%
Superior Court Federal Grant funding)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 49 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the West
Contra Costa Unified School District, to pay the County an amount not to exceed $257,500 to provide one
School Resource Officer position for the period July 1, 2015 through June 30, 2016. (100%
Reimbursement revenue)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 50 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept
additional funding from California Department of Community Services and Development, to increase the
payment limit by $211,027 to a new payment limit of $423,239 for Community Services Block Grant
program services with no change to term of January 1 through December 31, 2016. (No County match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 51 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply
for and accept funding from the Department of Health and Human Services Administration for Children
and Families in an amount not to exceed $1,327,720 to provide Early Head Start services for the period
July 1, 2016 through June 30, 2017. (20% County in-kind match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 52 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the State
of California, 23rd District Agricultural Association, including full indemnification of the State of
California, to pay the County an amount not to exceed $30,000 to provide law enforcement services at the
Contra Costa County Fair for the period May 31, 2016 through June 2, 2016. (100% State)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 53 APPROVE and AUTHORIZE the County Administrator, or designee, to apply for and accept
funding in an amount up to $10,000 from the California State Arts Council for the Veterans Initiative in
the Arts program. (50% County general fund match; 50% in-kind match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
March 29, 2016 Contra Costa County BOS Official Minutes 14
APPROVE and AUTHORIZE execution of agreement between the County and the following parties as
noted for the purchase of equipment and/or services:
C. 54 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract amendment with Aspiranet, a non-profit corporation, effective March 1, 2016, to
increase the payment limit by $140,218 to a new payment limit of $396,418, for continued receiving
center services for the period July 1, 2015 through June 30, 2016. (30% County, 70% State)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 55 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract amendment with Jewish Vocational and Career Counseling Services, effective March 1,
2016, to decrease the payment limit by $69,451 to a new payment limit of $157,619 to provide medical
assistant career training and internship services to job seekers under the federal Workforce
Investment/Workforce Innovation and Opportunity Acts and CalWORKS for the period May 1, 2015
through June 30, 2016. (100% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 56 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract amendment with Community Violence Solutions, Inc., effective February 1, 2016, to
increase the payment limit by $55,000 to a new payment limit of $128,881 for additional crisis
intervention and advocacy services to commercially exploited youth and families for period July 1, 2015
through June 30, 2016. (County 57%, State 27%, Federal 16%)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 57 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract amendment with Contra Costa County Office of Education, effective January 1, 2016, to
increase the payment limit by $50,000 to a new payment limit of $800,000 for Workforce Investment Act
In-School and Out-of-School youth services, and Youth Ecology Corps services, for the period July 1,
2015 through June 30, 2016. (100% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 58 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
AssetWorks, LLC, in an amount not to exceed $635,000 for asset tracking hardware, software and services
for the period April 1, 2016 through March 31, 2019, Countywide. (100% Fleet Internal Service Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 59 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with T.
March 29, 2016 Contra Costa County BOS Official Minutes 15
C. 59 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with T.
Marshall Associates, LTD., in an amount not to exceed $2,000,000 for general electric and lighting repairs
and maintenance, for the period April 1, 2016 through January 31, 2019, countywide. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 60 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
West Coast Electric Services Company, Inc., in an amount not to exceed $500,000 for general electrical,
main switchgear and infrared testing, repairs and maintenance, for the period April 1, 2016 through
January 31, 2019, countywide. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Jenan Al-Mufti, M.D., in an amount not to exceed $145,600 to provide psychiatric services for mentally ill
adults in central Contra Costa County, for the period April 1, 2016 through March 31, 2017. (100%
Mental Health Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 62 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
DMZ Builders in an amount not to exceed $1,000,000 for general electrical, airport electrical and lighting
repairs and maintenance, for the period April 1, 2016 through January 31, 2019, countywide. (100%
General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 63 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with DC
Electric Group, Inc., in an amount not to exceed $500,000 for general electrical, airport electrical and
lighting repairs and maintenance, for the period April 1, 2016 through January 31, 2019, countywide.
(100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 64 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Bear Electrical Solutions, Inc., in an amount not to exceed $500,000 for general electrical repairs and
maintenance, for the period April 1, 2016 through January 31, 2019, countywide. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 65 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
March 29, 2016 Contra Costa County BOS Official Minutes 16
C. 65 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract with the Crowne Plaza Concord Hotel in an amount not to exceed $10,000 for the
Heritage Project, Breaking Barriers training event scheduled for April 11, 2016, and requiring the
County’s assumption of liability for damage caused by attendees. (7.5% County, 17.5% State, 75% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 66 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract
amendment with LSA Associates, Inc., effective March 15, 2016, to increase the payment limit by
$15,000 to a new payment limit of $115,000 and extend the term from June 16, 2016 through December
31, 2016 for additional necessary work associated with the Kirker Pass Road North Bound Truck Lane
Project, Concord area. (37% Local Road Funds, 37% Measure J, 15% State Transportation Improvement
Program, 11% State Match Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 67 APPROVE and AUTHORIZE the Auditor-Controller to pay Applied Remedial Services, Inc., for the
period from September 1 through December 31, 2015, in the amount of $9,168 for additional removal and
disposal of hazardous waste and chemical services rendered at Contra Costa Regional Medical and Health
Centers and the Detention Facility. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 68 APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract amendment
with K & H Printing-Lithographers, Inc., to extend the term from December 31, 2015 through December
31, 2017 and increase the payment limit by $2,000,000 to a new payment limit of $4,200,000, to provide
printed ballots, mailing services, and other election materials. (100% General Fund, partially offset by
participating agency election fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 69 APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with NetFile,
Inc., in an amount not to exceed $110,000 to provide on-line filing services for California Fair Political
Practice Commission (FPPC) Statements of Economic Interest (Form 700) and FPPC Campaign Finance
Disclosure, for the period April 1, 2016 through March 31, 2018. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 70 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
amendment with Macias Gini & O'Connell, LLP, effective June 1, 2016, to extend the term from May 31,
2016 through May 31, 2018 and increase the payment limit by $718,845 to a new payment limit of
$1,720,900 for continued professional auditing services for the Countywide Single Audit. (100% County
General Fund)
March 29, 2016 Contra Costa County BOS Official Minutes 17
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 71 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Chief Information
Officer, (1) a purchase order with IBM (International Business Machines) Corporation in an amount not to
exceed $750,000, and (2) a Schedule for Service for the renewal of original equipment manufacturer
maintenance for Contra Costa County's mainframe computer for the period April 1, 2016 through March
31, 2019. (100% Department user fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Public Health Foundation Enterprise, effective February 8, 2016, to increase the payment
limit by $500,000 to a new payment limit of $4,071,148, to provide emergency shelter and respite services
to additional homeless youth and adults, with no change in the original term of April 1, 2015 through June
30, 2016. (33% Federal Funds, 64% State Funds, 3% Local Agencies)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 73 APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with Sorenson
Forensics, LLC, in an amount not to exceed $1,765,000 to provide DNA testing of untested sexual assault
kits provided by local law enforcement agencies for the period December 1, 2015 through September 30,
2018. (100% County of New York grant funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Clarity Software Solutions, Inc., effective February 1, 2016, to increase the payment limit
by $1,500,000 to a new payment limit of $5,500,000 to provide additional printing services for Contra
Costa Health Plan members, with no change in the original term of July 1, 2015 through June 30, 2017.
(100% CCHP Enterprise Fund II)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Bay Area Community Resources in an amount not to exceed $310,707, to provide consultation and
technical assistance to reduce and prevent the use of tobacco products among populations with high rates
of smoking for the period September 1, 2015 through June 30, 2020. (100% California Department of
Public Health grant)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 76 ADOPT Resolution No. 2016/139 accepting as complete the construction contract work performed by
March 29, 2016 Contra Costa County BOS Official Minutes 18
C. 76 ADOPT Resolution No. 2016/139 accepting as complete the construction contract work performed by
Team Solar Inc., a wholly-owned construction subsidiary of SunEdison, for the Regional Renewable
Energy Procurement (R-REP) Solar Photovoltaic Installations at 13601 San Pablo Avenue, San Pablo, 50
Glacier Drive, Martinez, 202 Glacier Drive, Martinez, 255 Glacier Drive, Martinez, and 1960 – 1980 Muir
Road, Martinez, California project, as recommended by the Public Works Director. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 77 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Chief Information
Officer, (1) a purchase order with CA, Inc., in an amount not to exceed $362,509 and (2) an order form for
the renewal of software licenses and maintenance for the County Property Tax, Finance, and Law and
Justice Information systems for the period March 31, 2016 through March 30, 2019. (100% User Fees)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 78 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services
Director, a purchase order amendment with Baxter Healthcare Corp., to increase the payment limit by
$61,000 to a new payment limit of $160,000 for intravenous and pharmaceutical drugs and supplies to be
used at the Contra Costa Regional Medical and Health Centers, with no change in the original term of
January 1, 2015 through December 31, 2016. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 79 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Service
Director, a purchase order amendment with Food Service Partners, Inc., to increase the payment limit by
$175,000 to a new payment limit of $274,003 for meals for patients and staff at the Contra Costa Regional
Medical Center while the cafeteria and kitchen are being renovated. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Vyend, LLC, effective June 30, 2016, to extend the term from June 30, 2016 through
June 30, 2018 and increase the payment limit by $480,000 to a new payment limit of $708,000 to continue
to provide management and technical assistance in the Departments’ Information Technology Unit’s
Project Management Office. (100% Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Acusis, LLC, in an amount not to exceed $225,000 to provide medical and dictation transcription services
for patients at Contra Costa Regional Medical Center and Health Center, for the period March 1, 2016
through February 28, 2017. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
March 29, 2016 Contra Costa County BOS Official Minutes 19
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with The Center for Common Concerns, Inc. (dba HomeBase), effective March 1, 2016, to
extend the term from September 30 through December 31, 2016 and increase the payment limit by
$84,525 to a new payment limit of $305,509, to provide additional consultation and technical assistance
for the Behavioral Health Services Division Integration Program Planning. (33% Federal Medi-Cal
Administrative Activities, 44% County General Funds, 33% Medi-Cal Administrative Activities)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 83 APPROVE and AUTHORIZE the Employment and Human Services Department, or designee, to
execute a contract amendment with Community Violence Solutions, effective March 1, 2016, to increase
the payment limit by $24,000 to a new payment limit of $166,000, for the continued operation of the
Children's Interview Center, with no change in the contract term of July 1, 2015 through June 30, 2016.
(7% Federal, 7% State, 26% County, 60% Local Law Enforcement Agencies)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 84 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply and accept the California
Board of State & Community Corrections, FY 2015-2016 Strengthening Law Enforcement and
Community Corrections Grant in an initial amount of $600,000 for support of a proposed two-year
program designed to collaborate with non-profit organizations and community members to develop
strategies in neighborhoods disproportionately affected by poverty, crime, at-risk or vulnerable
populations, and general quality of life issues. (80% State, 20% County In-kind match)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 85 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract amendment with Mount Diablo Unified School District, effective March 1, 2016, to
include Workforce Investment Act/Workforce Innovation and Opportunity Act services to eligible
in-school and out-of-school youth, and identify Mt. Diablo Adult Education as part of the collaborative to
provide adult/dislocated worker services, and administer job seeker assessment and training services for
the period July 1, 2015 through June 30, 2016. (100% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 86 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Jon Whalen, M.D., effective April 1, 2016, to increase the payment limit by $176,000 to
a new payment limit of $476,800, to provide additional hours of outpatient services, with no change in the
original term of February 1, 2016 through January 31, 2017. (50% Mental Health Realignment Fund, 50%
Federal Financial Participation)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
March 29, 2016 Contra Costa County BOS Official Minutes 20
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
cancelation with East Bay Perinatal Medical Associates, for the provision of perinatology services,
effective at the close of business on December 31, 2015. (100% Hospital Enterprise Fund I)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 88 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Shelter Inc. of Contra Costa County, effective April 1, 2016, to increase the payment
limit by $366,509 to a new payment limit of $1,575,926, to provide additional supportive housing services
for homeless families, with no change in the original term of July 1, 2015 through June 30, 2016. (11%
Housing and Urban Development. 89% CalWorks Housing Support Grant)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 89 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
David A. Schwartz, M.D., in an amount not to exceed $145,600, to provide outpatient psychiatric services
for adults in Central Contra Costa County, for the period May 1, 2016 through April 30, 2017. (100%
Mental Health Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 90 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Margaret L. Miller, M.D., in an amount not to exceed $174,720 to provide outpatient psychiatric care
services to patients in Central County for the period May 1, 2016 through April 30, 2017. (100% Mental
Health Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 91 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Minh Nguyen, M.D., in an amount not to exceed $174,720 to provide outpatient psychiatric care services
to patients in West County for the period April 1, 2016 through March 31, 2017. (100% Mental Health
Realignment)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 92 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a
purchase order with Alcoholic Monitoring Services, in an amount not to exceed $160,000 for purchase
and/or rental of SCRAMx alcohol and house arrest monitoring devices, including monitoring service fees
for the devices needed by the Electronic Home Detention Program of the Custody Alternative Facility for
the period April 1, 2016 through April 30, 2017. (100% General Fund)
March 29, 2016 Contra Costa County BOS Official Minutes 21
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 93 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to
execute a contract with the City of Concord, effective February 1, 2016, including a modified
indemnification language, in an amount not to exceed $15,174 to provide Phase II Lethality Assessment
Program Implementation for Domestic Violence Homicide Prevention for the period July 1, 2015 through
September 30, 2016. (100% Federal)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 94 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Marine
Emporium Boat Works, Inc., in an amount not to exceed $300,000 to provide marine haul-out, destruction,
and storage of vessels in the Bethel Island and East Contra Costa area for the period April 1, 2016 through
March 31, 2018. (100% State)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 95 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a
purchase order with Surtec Inc., in the amount of $150,000 to supply the County's detention facilities with
custodial supplies/specialty products and janitorial equipment repair for the period March 1, 2016 through
February 28, 2017. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
Other Actions
C. 96 ACCEPT the report from the Employment and Human Services Department Workforce Development
Board (WDB) on the Workforce Innovation and Opportunity Act (WIOA) and APPROVE the Local
Workforce Development Board Recertification Request for program years 2016-18, which includes
recommended WDB appointments, as required by WIOA and recommended by the Family and Human
Services Committee.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 97 ADOPT Resolution No. 2016/12 granting a pipeline franchise to Chevron Pipe Line Company
pursuant to the terms and conditions of County Ordinance No. 2013-19 and County Resolution No.
2013/305 for pipelines located in the unincorporated area of the County near Bay Point, Brentwood, Byron,
Concord, Martinez, and Pittsburg as recommended by the Public Works Director. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
March 29, 2016 Contra Costa County BOS Official Minutes 22
C. 98 ADOPT Resolution No. 2016/13 granting a pipeline franchise to Chevron U.S.A., Inc., pursuant to
the terms and conditions of County Ordinance No. 2013-19 and County Resolution No. 2013/305 for
pipelines located in the unincorporated area of the County near Bay Point, Brentwood, Byron, Martinez,
Richmond, and Pittsburg as recommended by the Public Works Director. (100% General Fund)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C. 99 ACCEPT the February 2016 update on the operations of the Employment and Human Services
Department, Community Services Bureau, as recommended by the Employment and Human Services
Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.100 APPROVE and AUTHORIZE the Conservation and Development Director or designee to release, in
preparation for sale of the properties, regulatory agreements for seven affordable housing properties in
Concord owned by Shelter Inc. of Contra Costa County.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.101 AUTHORIZE an allocation of $150,000 to the Ambrose Recreation and Park District from the FY
2015/16 Keller Canyon Mitigation Fund, and an additional $100,000 forward commitment from the FY
2016/17 Keller Canyon Mitigation Fund for the Ambrose Park Aquatics Complex Project in Bay Point, as
recommended by the Keller Canyon Mitigation Fund Review Committee. (100% Keller Canyon Mitigation
Fund)
Speakers: Judy Dawson, resident of Bay Point; Pete Longmire, City of Pittsburg, Doug Long, Ambrose
Park District; Patrici Aguilar, ACCE, resident of Bay Point; Lola Maria Vargas, West Pittsburg for
Progress.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.102 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 I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.103 AMEND action of the Board of Supervisors on February 3, 2015, (C.94) approving a contract with
Regents of the University of California, on behalf of University of California San Francisco, to reflect the
intent of the parties to revise the contractor’s name to The Regents of the University of California, on
behalf of University of California San Francisco, School of Medicine, for the period April 1, 2016 through
December 31, 2020. (No Fiscal Impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
March 29, 2016 Contra Costa County BOS Official Minutes 23
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.104 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to distribute the 2014-15 State
Highway property rental revenue pursuant to the provisions of Section 104.10 of the Streets and Highways
Code, as recommended by the County Auditor-Controller.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.105 APPROVE amendments to the List of Designated Positions of the Health Services Department’s
Conflict of Interest Code as recommended by the County Counsel.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.106 ACCEPT the Contra Costa County Library Commission 2015 Annual Report and 2016 Work Plan,
as recommended by the County Librarian.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.107 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an unpaid
student training agreement with Touro University - California, to provide supervised field instruction at
Contra Costa Regional Medical Center and Health, for pharmacy technician and pharmacy students, for
the period April 1, 2016 through March 31, 2021. (No Fiscal Impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.108 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 in the
County’s Public Health Division, to nursing, occupational or physical therapy students, for the period
April 1, 2016 through March 31, 2019. (No Fiscal Impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.109 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Regents of the University of California on behalf of its University of California, San
Diego Extension - Healthcare, effective April 1, 2016, to provide additional supervised field instruction
services to its students and extend the termination date from September 30, 2016 through September 30,
2018. (No Fiscal Impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.110
March 29, 2016 Contra Costa County BOS Official Minutes 24
C.110 ADOPT Resolution No. 2016/122 authorizing the issuance of a Multifamily Housing Revenue Bond
in an amount not to exceed $29,476,000 to provide financing for the costs of acquisition and rehabilitation
of East Bluff Apartments in Pinole, as recommended by the Conservation and Development Director.
(100% Special Revenue Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.111 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Memorandum of
Understanding with the County of San Mateo's Northern California Regional Intelligence Center, including
mutual indemnification, to share information as it relates to narcotics trafficking; organized crime;
international, domestic and street terrorism related activities. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.112 ADOPT Resolution No. 2016/120 authorizing the issuance of Multifamily Housing Revenue Bonds
in an amount not to exceed $21 million to financing the acquisition and rehabilitation of Hana Gardens
Apartments, a 63-unit residential rental housing development located at 10860 and 10848 San Pablo
Avenue (APNs 503-010-003 and 510-010-014) in the City of El Cerrito, as recommended by the
Conservation and Development Director. (100% Special Revenue Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.113 APPROVE and AUTHORIZE the County Administrator, or designee, to execute the Maintenance of
Effort Certification Form for Fiscal Year 2015/16 as required by Chapter 886, Statutes of 1994 to receive
Proposition 172 (public safety sales tax increment) funds, and to submit the Certificate to the County
Auditor-Controller, as recommended by the County Administrator. (100% State Proposition 172 Funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.114 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute
legal documents to loan $2,000,000 in Community Development Block Grant funds to EB, L.P., for the
acquisition of East Bluff Apartments in Pinole, and ADOPT related findings under the California
Environmental Quality Act. (100% federal funds)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
C.115 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16,
1999 regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services
Director. (No fiscal impact)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
March 29, 2016 Contra Costa County BOS Official Minutes 25
C.116 APPROVE the 2016-17 Head Start Recruitment and Enrollment Plan and the Community Services
Bureau Admissions Priority Criteria for the early care and education programs as recommended by the
Employment and Human Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor
Karen Mitchoff, District V Supervisor Federal D. Glover
Other: District III Supervisor Mary N. Piepho (ABSENT)
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.
March 29, 2016 Contra Costa County BOS Official Minutes 26
The Finance Committee (Supervisors Federal D. Glover and John Gioia) meets on the second Monday of the month
at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Hiring Outreach Oversight Committee (Supervisors John Gioia and Federal Glover) To be determined
The Internal Operations Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second
Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the
month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of
the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez.
The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Mary N. Piepho)
meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street,
Martinez.
Airports Committee See above
Family & Human Services Committee See above
Finance Committee See above
Hiring Outreach Oversight Committee See above
Internal Operations Committee See above
Legislation Committee See above
Public Protection Committee See above
Transportation, Water & Infrastructure Committee See above
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR
WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO
(2) MINUTES
A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR
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
March 29, 2016 Contra Costa County BOS Official Minutes 27
ALUC Airport Land Use Commission
AOD Alcohol and Other Drugs
ARRA American Recovery & Reinvestment Act of 2009
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BayRICS Bay Area Regional Interoperable Communications System
BCDC Bay Conservation & Development Commission
BGO Better Government Ordinance
BOS Board of Supervisors
CALTRANS California Department of Transportation
CalWIN California Works Information Network
CalWORKS California Work Opportunity and Responsibility to Kids
CAER Community Awareness Emergency Response
CAO County Administrative Officer or Office
CCCPFD (ConFire) Contra Costa County Fire Protection District
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CDBG Community Development Block Grant
CFDA Catalog of Federal Domestic Assistance
CEQA California Environmental Quality Act
CIO Chief Information Officer
COLA Cost of living adjustment
ConFire (CCCFPD) Contra Costa County Fire Protection District
CPA Certified Public Accountant
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
DSRIP Delivery System Reform Incentive Program
EBMUD East Bay Municipal Utility District
ECCFPD East Contra Costa Fire Protection District
EIR Environmental Impact Report
EIS Environmental Impact Statement
EMCC Emergency Medical Care Committee
EMS Emergency Medical Services
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
March 29, 2016 Contra Costa County BOS Official Minutes 28
IHSS In-Home Supportive Services
Inc. Incorporated
IOC Internal Operations Committee
ISO Industrial Safety Ordinance
JPA Joint (exercise of) Powers Authority or Agreement
Lamorinda Lafayette-Moraga-Orinda Area
LAFCo Local Agency Formation Commission
LLC Limited Liability Company
LLP Limited Liability Partnership
Local 1 Public Employees Union Local 1
LVN Licensed Vocational Nurse
MAC Municipal Advisory Council
MBE Minority Business Enterprise
M.D. Medical Doctor
M.F.T. Marriage and Family Therapist
MIS Management Information System
MOE Maintenance of Effort
MOU Memorandum of Understanding
MTC Metropolitan Transportation Commission
NACo National Association of Counties
NEPA National Environmental Policy Act
OB-GYN Obstetrics and Gynecology
O.D. Doctor of Optometry
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
Psy.D. Doctor of Psychology
RDA Redevelopment Agency
RFI Request For Information
RFP Request For Proposal
RFQ Request For Qualifications
RN Registered Nurse
SB Senate Bill
SBE Small Business Enterprise
SEIU Service Employees International Union
SUASI Super Urban Area Security Initiative
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
March 29, 2016 Contra Costa County BOS Official Minutes 29
RECOMMENDATION(S):
PRESENTATION recognizing the generosity of Maddies' Fund and to thank them for their financial support over the
past 11 years, and specifically for the grant of $130,000 to the Animal Benefit Fund, which funding is used to
enhance the care and well-being of animals in the County's shelters and to provide special humane welfare and
education programs for the residents of Contra Costa County. (Beth Ward, Animal Services Director)
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Beth Ward 925-335-8370
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
PR.3
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:Presentation recognizing the Maddies' Fund generosity
March 29, 2016 Contra Costa County BOS Official Minutes 30
RECOMMENDATION(S):
CONTINUE to April 12, 2016 at 9:30 a.m., DECLARATION of the Board of Supervisors intent to become a
member of a Groundwater Sustainability Agency for the portion of the Tracy Subbasin within Contra Costa County
to sustainably manage groundwater resources within the County and comply with the Sustainable Groundwater
Management Act, as recommended by the Transportation, Water and Infrastructure Committee.
FISCAL IMPACT:
.
BACKGROUND:
.
CONSEQUENCE OF NEGATIVE ACTION:
.
CHILDREN'S IMPACT STATEMENT:
.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Ryan Hernandez (925)
674-7824
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 3
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Declare Intent to Become a Member of a Groundwater Sustainability Agency for the Portion of the Tracy Subbasin
within Contra Costa County
March 29, 2016 Contra Costa County BOS Official Minutes 31
ATTACHMENTS
Resolution No.
2016/149
March 29, 2016 Contra Costa County BOS Official Minutes 32
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2016/149
RESOLUTION TO ESTABLISH THE COUNTY OF CONTRA COSTA AS A GROUNDWATER SUSTAINABILITY
AGENCY FOR THE PORTION OF THE TRACY SUBBASIN WITHIN CONTRA COSTA COUNTY
WHEREAS, the California Legislature and Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly
Bill 1739, known collectively as the Sustainable Groundwater Management Act (SGMA); and,
WHEREAS, the SGMA went into effect on January 1, 2015; and,
WHEREAS, Senate Bill 13 modified the SGMA and the amendments went into effect on January 1, 2016, and
WHEREAS, the SGMA requires all high- and medium-priority groundwater basins, as designated by the California Department
of Water Resources (DWR) Bulletin 118, to be managed by a Groundwater Sustainability Agency (GSA) or multiple GSAs; and,
WHEREAS, the Tracy Sub-basin has been designated by DWR as medium-priority basin; and
WHEREAS, the SGMA authorizes a local public agency overlying groundwater subbasin to decide to become a GSA; and,
WHEREAS, the County of Contra Costa (County) is a local public agency as defined under the SGMA and is therefore eligible to
serve as a GSA; and,
WHEREAS, Section 10723.2 of the SGMA requires that a GSA consider the interests of all beneficial uses and users of
groundwater, as well as those responsible for implementing groundwater sustainability plans; and,
WHEREAS, Section 10723.8 of the SGMA requires that a local public agency deciding to be a GSA to notify the DWR of its
intention to undertake sustainable groundwater management within a sub-basin; and,
WHEREAS, the County is committed to sustainable management of groundwater resources; and,
WHEREAS, pursuant to Government Code Section 6066, notices of a public hearing regarding whether to adopt a Resolution to
become a GSA were published on March XX, 2016 and March XX, 2016 in the Contra Costa Times and the East County Times;
and,
WHEREAS, the County held a public hearing on April 12, 2016, after publication of notice pursuant to Government Code
section 6066 to consider adoption of this Resolution; and,
WHEREAS, the County wishes to exercise the powers and authorities of a GSA granted by the SGMA;
NOW, THEREFORE, BE IT RESOLVED that this Board of Supervisors of Contra Costa County hereby decides to become a
GSA for those portions of Contra Costa County within the Tracy Subbasin as defined in DWR Bulletin 118, a copy of a map of
the proposed management area is attached hereto as Exhibit XX; and,
BE IT FURTHER RESOLVED that the Contra Costa County Board of Supervisors authorizes the Director of the Department of
Conservation and Development, or designee to, within 30 days from the date of this Resolution, provide notification of this
decision to the DWR, including a copy of this Resolution and additional information required by Water Code Section 10723.8, in
the manner required by law; and,
BE IT FURTHER RESOLVED that such notification shall include the boundaries of the areas that the County intends to manage,
which shall include the lands within the County boundaries, a copy of this Resolution, a list of interested parties developed
March 29, 2016 Contra Costa County BOS Official Minutes 33
pursuant to Section 10723.2 of the SGMA, and an explanation of how their interests will be considered in the development and
operation of the GSA and the development and implementation of the GSA's groundwater sustainability plan; and,
BE IT FURTHER RESOLVED that the Contra Costa County Board of Supervisors supports resolving boundary overlaps among
GSAs and also supports exploring the establishment of a coordination agreement to organize GSAs; and,
BE IT FURTHER RESOLVED that the Contra Costa County Board of Supervisors directs staff to enter into discussions with
agencies electing to be GSAs to resolve boundary overlaps and to develop a coordination agreement that recognizes the authority
of GSAs to implement and enforce a GSP within their respective boundaries.
Contact: Ryan Hernandez (925) 674-7824
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 34
RECOMMENDATION(S):
OPEN public hearing.
RECEIVE testimony.
CLOSE public hearing.
APPROVE Resolution No. 142/2016 for the conveyance of real property to Habitat for Humanity East Bay/Silicon
Valley, Inc. a California non-profit public benefit corporation (the “Developer”), in accordance with the purchase and
sale agreement pursuant to Health and Safety Code Sections 33430, 33431, and 33433, making specified findings
supported by a report prepared in compliance with the requirements of Section 33433.
DETERMINE that this activity will not have a significant effect on the environment and that it has been determined
to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines Section 15332,
in-fill development projects.
DIRECT the Director of the Department of Conservation and Development (DCD) to file a Notice of Exemption with
the County Clerk.
AUTHORIZE the Director of the Department of Conservation and Development (DCD to arrange for payment of a
$50 fee to the County Clerk for filing of the Notice of Exemption.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Carmen Pina-Sandoval,
925-313-2012
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K. Andrus, M. Toms
D. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Sale of Real Property located at Las Juntas Way, Walnut Creek to Habitat for Humanity East Bay/Silicon Valley, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 35
RECOMMENDATION(S): (CONT'D)
DECLARE that the Notice to Sell Real Property was duly published in the Contra Costa Times in compliance with
Govt. Code Section 6066.
DETERMINE the property is being transferred to improve, increase, or preserve the supply of low- and
moderate-income housing available at affordable housing costs pursuant to Health and Safety Code Sections
33334.2 and 34176.1.
AUTHORIZE the Chair, Board of Supervisors, or designee, to execute the Grant Deed and all ancillary
documents necessary to implement the sale of the Property, AUTHORIZE the Public Works Director, or designee,
to execute the Purchase and Sale Agreement and all ancillary documents necessary to implement the sale of the
Property, and AUTHORIZE the Director of the Department of Conservation and Development, or designee, to
execute the Regulatory Agreement and all ancillary documents necessary to implement the sale of the Property on
behalf of the County.
DIRECT the Real Estate Division of the Public Works Department to cause said Grant Deed to be delivered to
Old Republic Title Company, 555 12th Street, Suite 2000, Oakland, CA 94607, their Escrow No.
1117014769-JM, for recording in the office of the County Clerk-Recorder.
FISCAL IMPACT:
The proceeds of sale of the Property shall be deposited in to the County's Low and Moderate Income Housing
Asset Fund, created pursuant to Health and Safety Code Section 34176(d), which the County must spend subject
to the provisions of Health and Safety Code Section 34176.1. The sale of the Property will generate
$3,000,000.00 of funds that will be used to improve, increase, or preserve the supply of low- and
moderate-income housing available at affordable housing costs, within Contra Costa County.
BACKGROUND:
Contra Costa County, in its capacity as housing successor to the Contra Costa County Redevelopment Agency
(County) pursuant to Health and Safety Code Section 34176, owns certain real property located off of Las Juntas
Way in Walnut Creek, which is more fully described in Exhibit A to the Resolution. The property was acquired
on March 20, 2003, through a grant deed that was recorded as Instrument No. 2003-0126806. The property was
acquired to provide temporary parking for BART patrons during construction of the Pleasant Hill/Contra Costa
Centre BART parking garage. One condition to the sale of the property to Developer is that a regulatory
agreement be recorded against the property. The regulatory agreement will require Developer to construct, or
cause to be constructed, on the property residential units that are affordable to moderate-income or low-income
households. The residential units are to remain affordable for the 45-year period that begins upon the sale of a unit
to the initial eligible purchaser. Under the terms of the regulatory agreement, the regulatory agreement will be
released with respect to a particular unit upon the initial sale of the unit to an eligible purchaser, provided a resale
restriction in a form reasonably satisfactory to the County is simultaneously recorded against the unit.
Because the property is a housing asset of the former Redevelopment Agency, its disposition is governed by the
County, in its capacity as housing successor, and subject to the requirements of Health and Safety Code Section
34176.
CONSEQUENCE OF NEGATIVE ACTION:
The County would continue to own and maintain the property and would need to find a replacement developer or
initiate affordable housing development activities within the time frames required in Health and Safety Code
Section 34176.1(e). The County would not receive the anticipated $3,000,000.00 of sale proceeds and those funds
would not be available to improve, increase, or preserve the supply of housing that is affordable to low-income
and moderate-income households within Contra Costa County.
CLERK'S ADDENDUM
By unanimous vote, the Board accepted a revised version of the Purchase and Sale Agreement into the recordMarch 29, 2016 Contra Costa County BOS Official Minutes 36
By unanimous vote, the Board accepted a revised version of the Purchase and Sale Agreement into the record
(attached). CLOSED the hearing; APPROVED Resolution No. 2016/142 for the conveyance of real property to
Habitat for Humanity East Bay/Silicon Valley, Inc. a California non-profit public benefit corporation (the
“Developer”), in accordance with the purchase and sale agreement pursuant to Health and Safety Code
Sections 33430, 33431, and 33433, making specified findings supported by a report prepared in compliance
with the requirements of Section 33433; DETERMINED that this activity will not have a significant effect on
the environment and that it has been determined to be exempt from the California Environmental Quality Act
(CEQA) under State CEQA guidelines Section 15332, in-fill development projects.; DIRECTED the Director
of the Department of Conservation and Development (DCD) to file a Notice of Exemption with the County
Clerk; AUTHORIZED the Director of the Department of Conservation and Development (DCD to arrange
for payment of a $50 fee to the County Clerk for filing of the Notice of Exemption; DECLARED that the
Notice to Sell Real Property was duly published in the Contra Costa Times in compliance with Govt. Code
Section 6066; DETERMINE the property is being transferred to improve, increase, or preserve the supply of
low- and moderate-income housing available at affordable housing costs pursuant to Health and Safety Code
Sections 33334.2 and 34176.1; AUTHORIZED the Chair, Board of Supervisors, or designee, to execute the
Grant Deed and all ancillary documents necessary to implement the sale of the Property, AUTHORIZED the
Public Works Director, or designee, to execute the Purchase and Sale Agreement and all ancillary documents
necessary to implement the sale of the Property, and AUTHORIZED the Director of the Department of
Conservation and Development, or designee, to execute the Regulatory Agreement and all ancillary documents
necessary to implement the sale of the Property on behalf of the County; and DIRECTED the Real Estate
Division of the Public Works Department to cause said Grant Deed to be delivered to Old Republic Title
Company, 555 12th Street, Suite 2000, Oakland, CA 94607, their Escrow No. 1117014769-JM, for recording in
the office of the County Clerk-Recorder.
AGENDA ATTACHMENTS
Resolution No. 2016/142
Grant Deed
Exhibit A
Purchase & Sale Agreement
MINUTES ATTACHMENTS
Signed Resolution No. 2016/142
Signed Grant Deed
Revised Purchase and Sale Agreement
March 29, 2016 Contra Costa County BOS Official Minutes 37
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/142
ADOPT Resolution No. 2016/142 approving the Grant Deed, the Purchase and Sale Agreement and the Regulatory Agreement
from Contra Costa County as housing successor to the Contra Costa County Redevelopment Agency to Habitat for Humanity in
connection to the conveyance of real property identified as Assessor’s Parcel Numbers 148-180-050, 051, and 052, Las Juntas
Way, Walnut Creek. (Project No. 4500-6X5489 [CP#16-10])
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County (County), in its capacity as housing successor to the Contra Costa County Redevelopment Agency, acquired
certain real property by Grant Deed, recorded in the Office of this County’s Recorder on March 20, 2003 as Instrument No.
2003-0126806, and described in Exhibit “A” attached hereto. Said interest is being transferred to improve, increase, or preserve
the supply of low- and moderate-income housing available at affordable housing costs pursuant to Health and Safety Code
Sections 33334.2 and 34176.1.
Under Health and Safety Code Section 34176, all rights, powers, duties, obligations, and housing assets, transfer to the County as
housing successor.
The County desires to enter into a purchase and sale agreement (the "PSA") with Habitat For Humanity East Bay/Silicon Valley
Inc., a California non-profit public benefit corporation (the "Developer") pursuant to which the County would sell the Property to
the Developer provided that the Developer would construct homes to be transferred to a low or moderate income household upon
completion of the construction, subject to a forty-five (45) year affordability resale restriction to be recorded against the Home
and Property.
The County, under Health and Safety Code Section 34130, may sell or otherwise dispose of any real property or any interest in
property; and pursuant to Section 33431, such sale may be made without public bidding.
The County conducted a duly notice public hearing on the Purchase and Sale Agreement pursuant to Health and Safety Code
Section 33431 and Section 33433 for the purpose of receiving the input and comments of the public on the PSA.
By staff report and Section 33433 report accompanying this Resolution and incorporated into this Resolution by this reference
(the "Reports"), the County has been provided with additional information upon which the actions set forth in this Resolution are
based.
This Board hereby FINDS that the above recitals are true and accurate.
This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the Developer, pursuant to Health and
Safety Code Sections 33430, 33431 and 33433, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute the
Grant Deed and all ancillary documents necessary to implement the sale of the Property, in consideration for payment in the
amount of $3,000,000.00. The Public Works Director is hereby AUTHORIZED to execute the Purchase and Sale Agreement and
all ancillary documents necessary to implement the sale of the Property and the Director of Conservation and Development is
hereby AUTHORIZED to execute the Regulatory Agreement and all ancillary documents necessary to implement the Regulatory
Agreement.
This Board hereby orders that the proceeds of sale of the Property shall be deposited in to the County's Low and Moderate
Income Housing Asset Fund, created pursuant to Health and Safety Code Section 34176(d), which the County must spend subject
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 38
Income Housing Asset Fund, created pursuant to Health and Safety Code Section 34176(d), which the County must spend subject
to the provisions of Health and Safety Code Section 34176.1.
This Board hereby resolves that this Resolution shall take immediate effect from and after its passage.
The Real Estate Division is ORDERED to deliver a certified copy of this Resolution to Old Republic Title Company, their
escrow no. 1117014769-JM for recording in the office of the County Clerk-Recorder.
Contact: Carmen Pina-Sandoval,
925-313-2012
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date
shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K. Andrus, M. Toms
March 29, 2016 Contra Costa County BOS Official Minutes 39
March 29, 2016Contra Costa County BOS Official Minutes40
March 29, 2016Contra Costa County BOS Official Minutes41
Recorded at the request of:
Contra Costa County
Return to:
Habitat for Humanity East
Bay/Silicon Valley, Inc.
2619 Broadway
Oakland, CA 94612
EXEMPT FROM RECORDING FEES PURSUANT TO GOV’T. CODE SECTION 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO
REVENUE AND TAXATION CODE SECTION 11922.
Assessor's Parcel No. 148-180-050, 051, & 052 Title Co. Order No. 1117014769-JM
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY AS THE HOUSING SUCCESSOR TO THE CONTRA COSTA
REDEVELOPMENT AGENCY, a political subdivision of the State of California,
Grants to HABITAT FOR HUMANITY EAST BAY SILICON VALLEY, INC., a California non-
profit public benefit corporation the following described real property in the City of Walnut
Creek, County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
CONTRA COSTA COUNTY
Dated By ___________________________________
Chair, Board of Supervisors
CPS:mc
G:\realprop\Board Orders\2016\03 - March\03-29-16\Sale of Las Juntas\DE.03 Grant Deed (County)-Las Juntas.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On before me, Clerk of the Board of Supervisors, Contra
Costa County, personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrume nt and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
Deputy Clerk
March 29, 2016 Contra Costa County BOS Official Minutes 42
March 29, 2016 Contra Costa County BOS Official Minutes 43
March 29, 2016 Contra Costa County BOS Official Minutes 44
1
Parcel Numbers: 148-180-050, 051, & 052 Grantor: County of Contra Costa
Project Name: Sale of Las Juntas Parcels Address: Las Juntas Way
Project Number: 4500-6X5489 Walnut Creek, California
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
This Agreement (“Agreement”) is dated ___________, 2016 (the “Effective Date”), and is
between the County of Contra Costa, a political subdivision of the State of California, as the Housing
Successor to the Contra Costa County Redevelopment Agency (“County”), and Habitat for Humanity
East Bay Silicon Valley, Inc., a California non-profit public benefit corporation (“Grantee”).
R E C I T A L S
A. County is the owner of approximately 2.05 acres of real property located off of Las Juntas Way
in Walnut Creek, California, consisting of three Assessor’s Parcel Numbers (APNs) 148-180-050,
051 & 052, as more particularly described in Exhibit A attached hereto and incorporated herein
by reference (the “Property”).
B. County desires to sell, and Grantee desires to purchase, the Property under the terms and
conditions of this Agreement.
C. At the close of Escrow, as defined below, the parties are required to record a regulatory
agreement against the Property that restricts the use of the Property.
A G R E E M E N T
NOW THEREFORE, in consideration of the agreements herein contained and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties
hereby agree as follows:
1. Purchase and Sale. Subject to the terms and conditions in this Agreement, County agrees to
sell and Grantee agrees to purchase, the Property for the purchase price of Three Million Dollars
($3,000,000.00) (the “Purchase Price”).
2. Conditions Precedent to County’s Performance. The County’s obligation to perform under
this Agreement is subject to the satisfaction of the conditions in Sections 2.1 through 2.4, below.
2.1. Grantee’s representations and warranties in this Agreement being correct as of the date
of this Agreement and as of the Close of Escrow.
2.2. Grantee’s execution of the Regulatory Agreement in recordable form, in a form approved
by both the County and Grantee. The “Regulatory Agreement” is an agreement that (i)
requires the Grantee to construct, or cause to be constructed, on the Property residential
units that are affordable to moderate-income or low-income households (each, an
“Affordable Unit”), (ii) requires each Affordable Unit to remain affordable for at least a
45-year period that begins upon the sale of the Affordable Unit to the initial eligible
purchaser, and (iii) is recorded against the Property. Under the terms of the Regulatory
Agreement, the Regulatory Agreement will be released with respect to a particular
Affordable Unit upon the initial sale of that Affordable Unit to an eligible purchaser,
provided a resale restriction in a form reasonably satisfactory to the County is
March 29, 2016 Contra Costa County BOS Official Minutes 45
2
simultaneously recorded against the Affordable Unit.
2.3. On or before the Close of Escrow, Grantee shall satisfy its obligations under Section 6.3,
below.
2.4. Grantee must perform all of its obligations under this Agreement.
3. Conditions Precedent to Grantee’s Performance. The Grantee’s obligation to perform
under this Agreement is subject to the following conditions:
3.1. County’s representations and warranties in this Agreement being correct as of the date
of this Agreement and as of the Close of Escrow.
3.2. County’s performance of its obligations under this Agreement.
3.3. At the close of Escrow, fee title to the Property must vest in the Grantee by the Grant
Deed, free and clear of all liens, encumbrances, assessments, leases (recorded and
unrecorded), and taxes, except for any exceptions approved in writing by Grantee
prior to the expiration of the feasibility period described in Section 4, below; provided,
however, if Grantee does not provide a written objection to any of the following
exceptions from the Preliminary Report dated March 8, 2016, issued by Old Republic
Title Company prior to the expiration of said feasibility period, Grantee shall be
deemed to have approved of said exceptions:
A. Covenants, conditions, restrictions and reservations of record, listed as exception
7 and 9.
B. Easements or rights of way of record over said property, listed as exceptions 8
and 10
C. Other approved exceptions listed as exceptions 11 and 12.
3.4. At the close of Escrow, the Title Company, as defined below, must be prepared to issue
a CLTA title insurance policy in the full amount of the Purchase Price, subject only to the
approved exceptions, pursuant to Section 3.3 (“Title Policy”).
4. Feasibility Period. Grantee has a 90-day period from the execution of this Agreement to
review the condition and suitability, in Grantee’s sole discretion, of the Property for Grantee’s
intended use, including but not limited to development costs, financial and market feasibility,
hazardous materials, condition of title, and the physical condition of the Property.
5. Financing Period. Grantee has a 180-day period from the execution of this Agreement to
secure and approve, in Grantee’s reasonable discretion, the availability and suitability of the
financing necessary to complete the acquisition.
6. Escrow. By this Agreement, the County and the Grantee establish an escrow with Old
Republic Title Company, 555 12th Street, Suite 2000, Oakland, California (the “Title
Company”), its Escrow No. 1117014769-JM (“Escrow”). If, for any reason, the named Title
Company is unable to handle this transaction through the Close of Escrow, the County's Real
Property Agent assigned to oversee the conveyance of this Property will select an alternate
title company to handle the transaction, and notify Grantee in writing of the identity and
address of the successor title company and the new escrow number. Thereafter, the
alternate title company will be the "Title Company" for purposes of this Agreement. Grantee
hereby authorizes County to prepare escrow instructions and file escrow instructions with said
March 29, 2016 Contra Costa County BOS Official Minutes 46
3
Title Company, on behalf of Grantee, in accordance with this Agreement. This includes
authorization of the Title Company to withhold pro rata taxes, liens, and assessments on the
Property conveyed.
6.1. Fees and Title Insurance. The Grantee shall pay all escrow and recording fees incurred
in this transaction and, if title insurance is desired by the Grantee, the premium charged
therefor.
6.2. County’s Deposit into Escrow. On or before the close of Escrow, County will deliver into
Escrow with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of County, in a
form approved by Grantee (“Grant Deed”) conveying to Grantee the Property in
fee simple absolute, subject only to the approved exceptions, pursuant to Section
3.3
B. Copies of any effective leases, rental agreements or any other agreements, if
any, that the Grantee has agreed in writing are to remain in effect after Grantee
takes title.
C. County’s affidavit of nonforeign status as contemplated by Section 1445 of the
Internal Revenue Code of 1986, as amended [26 USCA §1445] (“FIRPTA
Affidavit”); and
D. County’s affidavit as contemplated by the Revenue and Taxation Code § 18662
(“Withholding Affidavit”).
E. The Regulatory Agreement, in recordable form and properly executed on behalf
of County and Grantee, restricting the use of the Property in accordance with its
terms.
6.3. Deposit of Purchase Price into Escrow by Grantee. Prior to the close of Escrow, Grantee
will deposit the Purchase Price into Escrow with the Title Company.
6.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Grantee.
On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the Grantee care of Janice Jensen,
President and Chair Executive Officer for the Grantee (which shall be deemed
delivery to the Grantee);
B. Record the Regulatory Agreement, marked for return to Maureen Toms, Deputy
Director of Department of Conservation and Development (which shall be
deemed delivery to the County);
C. Issue the Title Policy, if requested to do so by the Grantee;
D. Prorate taxes, assessments, rents and other charges as provided by this
Agreement;
E. Disburse to the County the Purchase Price, less prorated amounts and charges to
be paid by or on behalf of County;
F. Prepare and deliver to the County and to the Grantee one signed copy of the
March 29, 2016 Contra Costa County BOS Official Minutes 47
4
Title Company’s closing statement showing all receipts and disbursements of the
Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above,
the Title Company shall notify the County and the Grantee and retain all funds and documents
pending receipt of further instructions from the County.
7. Payment of Property Taxes and Assessments. All ad valorem real property taxes and any
penalties and costs thereon, and all installments of any bond or assessment that constitute a
lien on the Property shall be cleared and paid by County as of the date title shall vest in
Grantee by the recordation of the deed herein pursuant to Sections 4986, 5082, and 5086 of
the Revenue and Taxation Code of the State of California, if unpaid as of the date title vests.
8. County’s Representations and Warranties. County makes the following representations
and warranties with the understanding that these representations and warranties are material
and are being relied upon by Grantee. County represents and warrants to the Grantee that as
of the date of this Agreement and as of the Close of Escrow:
8.1 Marketable Title. County is the owner of the Property and has marketable and insurable
fee simple title to the Property clear of restrictions, leases, liens and other
encumbrances, subject only to the exceptions from the Preliminary Report dated March
8, 2016, issued by Old Republic Title Company. No leases, rental agreements, licenses,
or any other agreements allowing any third party rights to use the Property are or will be
in force unless prior consent has been given by the Grantee in writing. County shall not
permit any liens, encumbrances, easements, or other agreements to be placed on the
property other than the exceptions from the Preliminary Report dated March 8, 2016,
issued by Old Republic Title Company, nor shall County enter into any agreement that
would affect the Property that would be binding on the Grantee after the Close of Escrow
without the prior written consent of the Grantee.
8.2 Condition of Property. County has disclosed to the Grantee all information, records and
studies maintained by County in connection with the Property concerning hazardous
substances and that County is not concealing any knowledge of the presence of
contamination or hazardous substances on, from or under the Property. Any information
that County has delivered to the Grantee either directly or through County’s agents is
accurate and County has disclosed all material facts with respect to the Property.
8.3 Other Matters Affecting Property. To the best of County’s knowledge, there are not
presently any actions, suits, or proceedings pending or, to the best of County’s
knowledge, threatened against or affecting the Property or the interest of County in the
Property or its use that would affect County’s ability to consummate the transaction
contemplated by this Agreement. Further, there are not any outstanding and unpaid
arbitration awards or judgments affecting title to any portion of the Property. To the
best of County’s knowledge there are not presently any pending or threatened
condemnation, eminent domain or similar proceedings affecting the Property. County
shall promptly notify Grantee of any of these matters arising in the future.
8.4 County’s Authority. That this Agreement and all other documents delivered prior to or at
the Close of Escrow have been authorized, executed, and delivered by County; are
binding obligations of the County; and are collectively sufficient to transfer all of County’s
rights to the Property.
March 29, 2016 Contra Costa County BOS Official Minutes 48
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9. Grantee’s Representations and Warranties. Grantee warrants that the Grantee’s Board of
Directors has authorized Grantee to enter into this Agreement, and upon execution, this
Agreement shall constitute a binding obligation of the Grantee.
10. “AS-IS” Condition of the Property. GRANTEE ACKNOWLEDGES AND AGREES THAT,
UNDER THE TERMS OF THIS AGREEMENT, THE COUNTY IS SELLING AND GRANTEE IS
PURCHASING THE PROPERTY ON AN “AS IS WITH ALL FAULTS” BASIS, AND THAT THE
GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, FROM COUNTY AS TO ANY MATTERS CONCERNING
THE PROPERTY INCLUDING, WITHOUT LIMITATION: (I) THE PHYSICAL QUALITY, NATURE,
ADEQUACY, AND CONDITION OF THE PROPERTY, INCLUDING SOILS, GEOLOGY, AND ANY
GROUNDWATER, (II) THE EXISTENCE, QUALITY, NATURE, ADEQUACY, AND PHYSICAL
CONDITION OF UTILITIES SERVING THE PROPERTY, (III) THE DEVELOPMENT POTENTIAL
OF THE PROPERTY, AND THE PROPERTY’S USE, MERCHANTABILITY, FITNESS, SUITABILITY,
VALUE, OR ADEQUACY FOR ANY PARTICULAR PURPOSE, (IV) THE ZONING OR OTHER LEGAL
STATUS OF THE PROPERTY OR ANY OTHER PUBLIC OR PRIVATE RESTRICTIONS ON USE OF
THE PROPERTY, (V) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY
APPLICABLE CODES, LAWS, REGULATIONS, STATUTES, ORDINANCES, COVENANTS,
CONDITIONS AND RESTRICTIONS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL
ENTITY OR OF ANY OTHER PERSON OR ENTITY, (VI) THE PRESENCE OF HAZARDOUS
MATERIALS, AS DEFINED BELOW, ON, UNDER, OR WITHIN THE PROPERTY OR ANY
ADJOINING OR NEIGHBORING PROPERTY, (VII) THE CONDITION OF TITLE TO THE
PROPERTY, AND (VIII) THE ECONOMICS OF THE OPERATION OF THE PROPERTY. FOR THE
PURPOSES OF THIS SECTION 9, “HAZARDOUS MATERIALS” MEANS ANY SUBSTANCE,
MATERIAL, OR WASTE WHICH IS OR MAY BECOME DESIGNATED, CLASSIFIED OR
REGULATED AS BEING “TOXIC,” “HAZARDOUS,” OR A “POLLUTANT” UNDER ANY FEDERAL
OR STATE LAW OR REGULATION.
11. Survival. All of the terms, provisions, representations, warranties and covenants of the parties
under this Agreement shall survive the assignment, expiration or termination of this Agreement
and shall not merge in the deed or other documents following the delivery and recordation of
said deed or other documents.
12. Right of Entry. From and after the Effective Date of this Agreement and at all times until this
Agreement is terminated or title vests in the Grantee, Grantee and Grantee’s designated persons
shall have the right at all reasonable times to enter on the Property for the purposes of the
Grantee, including but not limited to conducting soil and environmental tests, surveys,
engineering studies and other examinations and investigations of the Property. Grantee will
defend, indemnify and hold County harmless against any damages, loss or liability or costs’
arising from Grantee’s or Grantee’s designated persons’ entry onto the Property, including but
not limited to attorney’s fees and costs.
13. Possession of the Property. Possession of the Property shall be delivered to the Grantee at
the Close of Escrow.
14. Notices. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing and delivered in person, by overnight carrier, or by First Class
U.S. Mail. The place for delivery of all notices given under this Agreement shall be as follows:
County: Karen A. Laws
Real Estate Division/Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: 925-313-2228
March 29, 2016 Contra Costa County BOS Official Minutes 49
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Grantee: Habitat for Humanity East Bay/Silicon Valley
Janice Jensen, President and Chief Executive Officer
2619 Broadway
Oakland, CA 94612
Telephone: 510-803-3314
or to such other addresses as Grantee and County may respectively designate by written
notice to the other. Delivery shall be deemed effective: on the same day if delivery is made in
person; on the next day after the date of mailing if delivery is made by overnight carrier; or
on the fifth day following the date of mailing, if delivery is made by First Class U.S. Mail.
15. Assignment, Successors and Third-Party Rights. Grantee may not assign its rights under
this Agreement without the prior written consent of the County. This Agreement inures to the
benefit of and is binding upon the parties to this Agreement and their respective heirs,
successors, and assigns. Nothing in this Agreement, express or implied, is intended to confer on
any person, other than the parties and their respective successors and assigns, any rights or
remedies under or by reason of this Agreement.
16. Entire Agreement. This Agreement contains the entire agreement between the parties and
supersedes any and all other prior agreements and all negotiations leading up to the execution
of this Agreement, whether oral or in writing, between the parties with respect to the Grantee’s
purchase of the Property from the County. The Parties acknowledge that no representations,
inducements, promises, or statements, oral or otherwise, have been made by any of the Parties
or by anyone acting on behalf of the Parties that are not embodied or incorporated by reference
herein. The Parties further agree that no other covenant, representation, inducement, promise,
or statement not set forth in this Agreement is valid or binding.
17. Construction. The section headings and captions of this Agreement are, and the arrangement
of this instrument is, for the sole convenience of the parties to this Agreement. The section
headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or
modify the terms and provisions of this Agreement. This Agreement shall not be construed as if
it had been prepared by one of the parties, but rather as if both parties had prepared it. The
parties to this Agreement and their counsel have read and reviewed this Agreement and agree
that any rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this Agreement.
18. Further Assurances. Whenever requested to do so by the other party, each party shall
execute, acknowledge and deliver all further conveyances, assignments, confirmations,
satisfactions, releases, powers of attorney, instruments of further assurance, approvals,
consents and all further instruments and documents as may be necessary, expedient, or proper
in order to complete all conveyances, transfers, sales, and assignments under this Agreement,
and do all other acts and to execute, acknowledge, and deliver all documents as requested in
order to carry out the intent and purpose of this Agreement.
19. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be
deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be
valid unless in writing and executed by the waiving party.
20. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
March 29, 2016 Contra Costa County BOS Official Minutes 50
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21. Governing Law. This Agreement is governed by the laws of the State of California.
CONTRA COSTA COUNTY HABITAT FOR HUMANITY EAST BAY/
SILICON VALLEY, INC.
By ______________________ _ By _____________________________
Julia R. Bueren Janice Jensen
Director of Public Works President and Chief Executive Director
RECOMMENDED FOR APPROVAL: Dated:
By
Maureen Toms
Deputy Director, Department of
Conservation and Development
By _
Karen A. Laws
Principal Real Property Agent
APPROVED AS TO FORM:
Sharon L. Anderson, County Counsel
By______________________________
Exhibit A - Legal Description
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RECOMMENDATION(S):
1. CONDUCT A HEARING TO CONSIDER Resolution2016/102 approving the a) annexation of the Podva property
into the Wiedemann Ranch Geologic Hazard Abatement District (GHAD), and
b) Podva Property Development Annexation Plan of Control, and hear any written objections thereto.
2. ADOPT Resolution 2016102 approving the a) annexation of the Podva property into the Wiedemann Ranch
GHAD, conditioned upon subsequent approval of the proposed assessment
following an assessment ballot proceeding; and subject to the adoption of a resolution approving the annexation by
the Board of Supervisors of Contra Costa County as required under Public
Resources code section26581, and b) Podva Property Development Annexation Plan of Control,conditioned upon
subsequent approval of the proposed assessment following an assessment
ballot proceeding.
FISCAL IMPACT:
The GHAD is funded 100% through assessments levied on properties within the GHAD.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anagha Dandekar Cliffard
510-622-7551
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.5
To:Wiedemann Ranch GHAD Board of Directors
From:Patricia E. Curtin, GHAD Attorney and General Manager
Date:March 29, 2016
Contra
Costa
County
Subject:HEARING to Adopt Resolution 2016/02 approving the annexation of the Podva Property Development
March 29, 2016 Contra Costa County BOS Official Minutes 71
BACKGROUND:
On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 981438 approving
the formation of the Wiedemann Ranch GHAD and appointed itself to serve as
the GHAD Board of Directors. I 017 579 .0001\4240499 . On April 11, 2000, the Wiedemann Ranch GHAD
Board of Directors adopted Resolution Nos. 20001166 and2000ll67 approving annexation of the Henry Ranch
development (Subdivision 8118) in San Ramon into the Wiedemann Ranch GHAD. On July 29,2014,the
Wiedemann Ranch GHAD Board of Directors adopted Resolution 2014103
approving annexation of the Elworthy Ranch development in Danville into the Wiedemann Ranch GHAD. The
Podva property is now requesting annexation into the Wiedemann Ranch GHAD. The
Podva Property development (Subdivision 9309) is located at the western terminus of Midland Way in the Town
on Danville. Twenty single family homes along with appurtenant improvements are planned for the development.
Due to the potential for geologic hazards and related required ongoing maintenance, the conditions of approval for
the development require that it be included within a GHAD. To satisfy this requirement, the developer of the
Podva Property development petitioned the GHAD Board to annex the property into the GHAD. The property to
be annexed pursuant to the petition is currently owned by the developer. In connection with the proposed
annexation, the Podva Propelty Development Annexation Plan of Control was prepared. This Plan of Control is
separate from the Wiedemann Ranch Plan of Control and describes the work contemplated for the Podva Property
development, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm
drain facilities, and concrete lined drainage ditches. If adopted, the Plan of Control will address geologic hazards
within Subdivision 9309. Funding for the GHAD will be based on an assessment, and such funds will be collected
and used in connection with the Podva Property Development Annexation Plan of Control. The proposed
assessment is supported by a detailed Engineer's Report prepared by a registered professional engineer certified
by the State of California, and will be considered at a subsequent date in accordance with Proposition 218. The
proposed assessment does not impact or change the existing assessments for the current landowners in the GHAD.
On January 19,2014 the GHAD Board of Directors adopted Resolution No. 2016/02 to schedule a public hearing
for March 22,2014 to consider the proposed annexation and the proposed Plan of Control, and hear any written
objections thereto; and directed the GHAD Clerk to mail a written notice of the hearing to consider the proposed
annexation and the Plan of Control to each owner of real property as required by GHAD law. The GHAD Board
did not convene on March 22 so the notice that was mailed identified the public hearing date for March 29,2016.
All notices were mailed according to GHAD law.
CONSEQUENCE OF NEGATIVE ACTION:
The owners of the Podva Property development will have to form a new GHAD or seek annexation into another
GHAD to satisfy Town of Danville condition of approval for the Podva Properly.
AGENDA ATTACHMENTS
Weidemann Ranch Resolution 2016-02
MINUTES ATTACHMENTS
Wiedemann Ranch Resolution with vote
March 29, 2016 Contra Costa County BOS Official Minutes 72
THE BOARD OF DIRECTORS OF \ryIEDEMANN RANCH GEOLOGICHAZARD ABATEMENT DISTRICTAdopted this Resolution on March 29,2016 by the following voteAYES:NOES:ABSENT:ABSTAIN:RESOLUTION NO. 2016102 (WIEDEMANN RANCH GHAD)SUBJECT: ADOPT Resolution 2016102 approving the annexation of the Podva property intothe Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and approving the PodvaProperty Development Annexation Plan of Control.\üHERBAS, on September 1, 1998, the Contra Costa County Board of Supervisorsadopted Resolution 981438 approving the formation of the Wiedemann Ranch (GHAD) andappointed itself to serve as the GHAD Board of Directors.WHEREAS, the GHAD Board is now presented with and has reviewed the Petition forAnnexation of Territory to the V/iedemann Ranch GHAD ("GHAD Petition"), which is attachedhereto as Attachment 1. The property proposed to be annexed into the GHAD is described in thelegal description and identihed in the boundary map set forth in Exhibit A to Attachment 1.WHEREAS, the GHAD Board was presented with and reviewed the draft PodvaProperty Development Annexation Plan of Control (dated January 7 ,2076) which describespotential geologic hazards within the territory to be annexed and addressed the prevention,mitigation, abatement and control of such hazatds.\ryHEREAS, on January 19,2016 the GHAD Board adopted Resolution 201610lscheduling a public hearing for March 22,2016 to consider the proposed annexation and plan ofcontrol. The GHAD Board did not convene on March 22 so the public hearing was noticed forMarch 29. This hearing was noticed in accordance with Public Resourccs Codc section2655l,265 61, 265 62, and 265 63.\ryHEREAS, on March29,20l6, the GHAD Board held a public hearing on theproposed annexation and plan of control. At the time set for the hearing, the GHAD Board wasnot presented with any objections to the annexation. At the hearing, owner(s) of more than 50percent of the assessed valuation of the property to be included in the'Wiedemann Ranch GHADdid not object to the annexation.10 l'7 57 9.0001\42407 95.1March 29, 2016Contra Costa County BOS Official Minutes73
The Board of Directors of the GHAD HEREBY RESOLVES THAT:1. This Resolution No. 2016102 is made pursuant to the provisions of Division 17 ofthe Public Resources Code with particular references to Chapter 1 (commencing with Section26500), Article 3 (commencing with Section 26550) and Article 4 (commencing with Section26s6r).2. The GHAD Board has been presented with and reviewed the draft Podva PropertyDevelopment Annexation Plan of Control and has determined that the health, safety and welfareof the public requires annexation of the Podva property into the Wiedemann Ranch GHAD.3. At the hearing, owner(s) of more than 50 percent of the assessed valuation of theproperty to be included in the Wiedemann Ranch GHAD did not object to the annexation or tothe proposed Podva Property Development Annexation Plan of Control.4. The GHAD Board hereby approves the annexation of the Podva Propertydevelopment into the Wiedemann Ranch GHAD as described in the GHAD Petition, subject tothe adoption of a resolution approving the annexation by the Board of Supervisors of ContraCosta County as required under Public Resources code section2658l and conditioned uponsubsequent approval of the proposed assessment following an assessment ballot proceedingpursuant to Proposition 218.5. The GHAD Board hereby approves and adopts the Podva Properly DevelopmentAnnexation Plan of Control.6. These proceedings are exempt fiom the provisions of the CalifornraEnvironmental Quality Act (Pub. Res. Code $$ 2100 et seq.) in accordance with PublicResources Code section 21 08O(b)(a).7. The recitals are incorporated herein by this reference.This Resolution shall become effective immediately upon its passage and adoptionAttachment I - Petition for Annexation2017s79 000l\4240795.1March 29, 2016Contra Costa County BOS Official Minutes74
PETITION FOR,A,NNEXATION OF TERRITORY TO THE\ilIEDEI\{ANN RANCH GEOLOGIC HAZARDABATEMENT DISTRICT PURSUANT TODMSION 17 (commencÍng with Sectlon 26500)OF THE PUBLIC RESOURCES CODEOF THE STATE OF CALIFORNIATO: The Clerk of the Wiedemann Ranch Geologic HazardAbatemcnt District ("GHAD")The undersigned owner of land within the boundaries of the territory proposed tobe annexed to the GIIAD hereby request that the Board of Directors of the GFIAD ("GHADBoard") initiate proceedings to annex the territory described in Exhibit A ("Boundary Map")an¿ BxÍriUit n (¿Legal Description"), attached hereto, to the GHAD pursuant to Article 3(commencing with Public Resources Code $ 26550) and Article 4 (comme,ncing with PublicÀ".o.rr"", Code g 26561) of Chapter 2 of Division 17 of the Public Resources Code($ 2ó500 et seq.). Said owner is the owner of ali ihe territory proposed io be annexed"(a) This petition is made pursuant to Division 17 of the Public ResourcesCode with particular reference to Article 3 (commencing with Section 26550) and Article 4(commencing with Section 2656I).(b) Opposite the signature of each petitioner is an indication of the lot, tractand map number or other iegal description sufficient to identiff the signature of the petitioner asthat of an owner of land within the territory proposed to be annexed to the GHAD.(") Opposite the siguature of each petitioner is an indication of the date onwhich said petitioner's signature was affixed to this petition.(d) The following documents are affached to this petition and are incorporatedherein by this reference as if set forth in zul in the petition:1. A map of the bounda¡ies of the territory proposed to be annexed tothe GHAD (Exhibit A);2. A legal description of the boundaries of the territory proposed tobe annexed to the GHAD (åxhibi!.E); and3. A¡nexation Documents for the Podva Property Developmentincluding a Plan of Control prepared by an Engineering Geologist certified pursuant toSection 7822 of the Califomia Business and Professions Code, which describes in detail geologichazards, their location and the areas affected thereby, and a plan for their prevention, mitigation,abatement ¿md control thereof (!xþ!þ[lC).Exhibits A - Bounclary Map and I-egal DescriptionB - Annexation Documents inoluding the Podva Propøty Plan of ControlATTACHMENT 19160.000.001August 7,20151March 29, 2016Contra Costa County BOS Official Minutes75
Ponderosa Ftromes trI, Inc.,Cali fornia Cor_oorationByNSchroederTiiie:Date:Assesso¡'s Parcel Number: 2t3fuE9160.000,001August 7,201,52March 29, 2016Contra Costa County BOS Official Minutes76
-rãr:i:i:5i':liar'iì:ill r:,WIEormRruru RRruCH GTOIOCIC HRZRROAaRlrMrrut DlsrRlcr (GHAD)PlRru or CorurnolPoovn PRo pERtv D Evrlopn¡rrur Aruru ExnrlorrlSubmitted toPonderosa Homes ll, lnc,Pleasanton, CaliforniaPrepared byENGEO lncorporatedJune 18, 2015Revised January 7,2016Project No.9160.000.001March 29, 2016Contra Costa County BOS Official Minutes77
G I1O]^llCllN iC,{LLìN V I }ì ON I\4 I1N'I'A f ,WAI'ElL RËSOL.:Rf.llsCONS I'li l.l( l'l'lOÌ'J ¡1Ll{. \/l( l .t'Project No.9160.000.001June 18.2015Revised January 7 ,2016Mr. Jeffrey C. SchroederPonderosa Homes [I, Inc.6671 Owens DrivePleasanton, CA 94588Subject:Podva PropertyDanville, CalifomiaPLAN OF CONTROLDear Mr. SchroederAttacheci is ihe proposeci PIan oi Controi to support annexation oi the Podva Properly irrto tlieWiedemann Ranch Geologic Hazard Abatement District (GHAD). The proposed Plan of Controlis intended to reflect the annexation of the Podva Property into the Wiedemann Ranch GHAD.This annexation satisfies portions of Condition of Approval No. 5, related to GHAD formation.If you have any questions or would like any additional information, please do not hesitate tocontact us.Sincerely,ENGEO Incotporated¿.-Adarns, PhD, PERamsdellEric Harre I, CEGjaalehljbrljf?-0 l0 C.r'rrrr Orn;,on l)lace- Srrilc 250 " Sarr lL¡rnùn, Ci^ 9.1533 . (9)-i) 86fi-9000' fiax (8881 l'19-2698\.\r\vu.;.û r'r itO0.conlMarch 29, 2016Contra Costa County BOS Official Minutes78
ìi..iì(:iìr ù\ìi,ì iìììiììiì:l i i ìììiìì,ìr :C..rii lììrilpi: ti y, [ìil i i,.,ì ì ìi;ii liìii i)ûl.ii0]June 1l) ?$1iilìr¡i¡i::tld .lc;t i:at¡r T, ;ì0'J r¡TABLE OF CONTEI..{TSLetter of TransmittalI.O INTRODUCTION1.1 PROPBRTY IDBNTIFICATION, OWNERSHIP AND MAINTENANCERBSPONSIBILITIBS........l2.0 PODVA PROI'ERTY PLAN OF CONTROL ............"""I2.t GEOLOGICHAZARDS.....................2.1.1 Slope Instability - Podva Property2.1.2 Seismically Induced Ground Shaking2.1.3 Expansive Soi1s..........., 1 CI IìPF'ST^-RfI I!!'V l-l-lNSIT}F'P^TIONS TIIIRING MA-SS GR-A-DINGL.L ÙLVi ÙSÈttÚ4ilá à Lvr2.3 GHAD-MAINTAINBD IMPROVEMBNTS AND OPEN SPACB ARI'AS.........32.3.1 General Landslide Mitigation ...'...'....".""52.4 BIOTBCHNICAL RBCOMMENDATIONS FOR PREVBNTION ANDMITIGATION OF BXISTING OR POTENTIAL EROSION H424RDS..........52.5 CRITERIA FOR GHAD RESPONSIBILITY .....................6Isolated or Remote Slope lnstability..Single PropeftyGeologic Hazards Resulting from Negligence of Properly OwnerProperty Not Accepted .............Geologic Hazard Which Requires Expenditure in Amount Exceeding theValue of the Threatened or Damaged Improvement.............2.52.52.52.52.5I2J45.1.l.2,2,266667,7.7.7.8.82.5.6 GHAD Funding or Reimbursement for Damaged or Destroyed Structuresor Site Improvements.............2.5.7 No Reimbursement of Expenses lncurred by Property Owners2.5.8 GHAD Manager Discretion and Appeals to GHAD Board of Directors..'.PRIORITY FOR GHAD-FUNDED REPAIRS ...............MAINTENANCE AND MONITORING SCHEDULBGLOSSARY.......... ............9O\ryNERSHIPAI\D MANAGEMENT. .......10RIGHT-OF-BNTRY ......11LIST OF REFBRENCESFIGURE, I - Corrective Grading PlanEXHIBIT A - Podva Property, Legal Description for Subdivision 9309 with PlatEXHIBIT B - Podva Property, Site GeologyEXHIBIT C - Podva Property, Funding and Acceptance2.6,, 13.04.05.0jt¡î¡l'nii'GEO, ;,,';¡ ¡.; ;:;¡ 1¡r -":ri -March 29, 2016Contra Costa County BOS Official Minutes79
ìiliìiìi:lû:ì:,ì iìill :t¡s i i, iitt.:Ìi:.ìvi,, lii:p,-:t:1 ;v, iirli i,:ìiisfi:äii ill.iÙ.ilÈl,JLiiit-\ rìi. ¿-r; I i.;l'irìitiSilt !;íriììiilii:.1 i' ./i.r i;)1.0 TNTRODUCTIONUncier the Conciition oiApprovai Ì.io. 5 (Subdivision 93A9), the Town oiDanviile has i.equiredestablishment of'a GHAD or annexatiotr iuto atr existing GIIAD for the Podva Properly. Tosatisl'y this requirement, the developer of tlie Podva Property has petitioned the Board ofDir-ectors of the Wiedemann Ranch GHAD 'to annex ihe Podva Propeily into thc exisiingWiedemann Ranch GHAD ("GHAD").ll.t.lnnA¡ÌnßT\/ ¡¡ìFR¡rf'rf;lr\Â'rr¡.ìì\ì lì\Ã/¡\llìDqlrf¡> Aì\IFì h¡!i{IN]'I'ENÁNl-rrri{(Ji-¡)¡i¡ I ¡¡iIrl\ i i¡1 ¡(_¡ai ¡q.ill, \Jill\ir¡\*)¡.lr¡ ^11¡/ rt¡^rrr ¡ úrì^¡\vt/RESPONSIBILITIESA written description of tlie properties to be annexed into the existing GHAD is provided inExhibit A and shown graphically on the plat to accompany the legal description. The GHADannexation area includes 20 proposed residential parcels and oue open space parcel (Parcel "4",17,778 sf) that will serve as a bio-retention area and open space Parcel "8" at approximately4 acres within Subdivision 9309 as shown on Figure l.2.0 PODVA PROPERTY PL,AN OF CONTROL2,L GBOLOGIC HAZARÐSGeologic hazards identif,red for the Site in the ENGEO geotechnical report dated August 5,2011,inolude the following items.. Slope instabilityo Seismically induced ground shaking¡ F.xnansive soils""r ""''These geologic hazards are not expected to be elirninated entirely by site grad!rrg. Slopeinstability or potential slope instability is not unique to this project, but is of importance forhillsiele projeets throughout the San Francisco Bay Area, such as Elworthy Ranch, Henry Ranch,and Norris Canyon Estates already within the Wiedemann Ranch GHAD. Future stabilitydepends on various factors, including any introduction of natural or artificial groundwater, futuregrading and earthquake ground shaking.2.1.7 Siope Instabiiity - Pocìva Prope rtyAreas of slope instabitity or landsliding located to the west of the residential developrnent mayaffect the Podva Property during the life of the development. During mapping for the PodvaProperty geotechnical exploration, landslide debris fan deposits were mapped on Lot 5 andParcel "8".'Ihe corrective grading plan showing the location of tlie deblis fan deposits includedas Figure 1. Debris bencires and intervening roadlvays are pianneci to mitigate the potentiai forlandslide and earlhflow/debris flow hazards originating on slopes west of the project fromimpacting the development.-1i.: HOi. :, ¡ìr :i:i ì,i.íi,.1::.jri:,i i{-:r:March 29, 2016Contra Costa County BOS Official Minutes80
i:'iiiìtit'.iì,.s:,ì i ìi:t:ic::; Ii. ìtli:i'iittl vü lìii:¡:L: t"f li. l-)¡¡ ;t"ri i !q¡iì'ìiìii iìùÙ iiû1.jun* 1l].2ùìiifìcviscd J*rii:ili;, ;i, :ìii ì iìA landslide is defined as a mass of rock, soil arrd other debris that has been displaced downslopeby sliding, flowing or falling. Landslides include cohesive block glides and disrupted slurnps thathave formed by displacement along a planar slip surface or rotation (displacement along a curvedslip surface). Undercutting and erosion of hillside slopes can trigger slope failures'Slope failures are also triggered by increased pore water pressure due to the infrltration ofrainwater. The resulting decrease of shear resistance (internal resistance to deformation byshearing) can cause the slope to nìove. The level of the groundwater table varies with the amountof rainfall for tl-re area. If rainfall is higher than average during the winter season, the water tablemay be higher than avera,ge on a hillslope and groundwater pressures may become high' Underthese conditions, hillside movement can be activated.Potential mitigation and repair measures for GFIAD areas near improvements are discussed in!.,¿ ^- ^^^+i^,.^ ^f +l.i-,J^^,'.-^r"ltalcl seutl(rllù ul Lllrù uuwulllv¡1..2.1.2 Seismically Induced Ground Shakingprevious fault investigation at the site (ENGEO,201l) indicates that an active fault trace doesnot traverse the proposed residential clevelopment. However, geologic and fault zone mapsindicate that queried þotential fault traces may exist to the west of the residential development inthe open space area outside of the GI-IAD boundary.As identified in the referenced reports, an eafthquake of rnoderate to high magnitude generatedwithin the San Francisco Bay Region could cause considerable ground shaking at the Podvapropefty, similar to that which has occurred in the past. Seismic slope stability has beenàor-rsidered in the geotechnical reports completed for the properly; however, seismicallygenerated slope failures could occur outside the grading limits within the Podva Property.2.1.3 Expansive SoilsSurface and near-surface soils in the western portion of the Podva Property could exhibit amoderate to high potential for expansion. These potentially expansive soils could impact theplanned site develópment. Expansive soils shrink and swell as a result of moisture change. Thistun "uur" heaving ánd crackiÁg of slabs-on-gt'ade, pavements and structures founded on shallowfoundations. Thtpotential foi expansive soils has been identified in previous reports for theproperty. Shrink and swell ol expansive soils on slopes contributes to creep movement, whichcan result in shallow slope instability.2.2 SLOPE STABILITY CONSIDEIIATIONS DURING MASS GRADINGAs recommended in the 20 [4 Geotechnical Exploration (ENGEO, 2014), the development of theeastern terraced area has been designed to avoid landslides on the western portion of the site bylocating the proposed irnprovements on the stable and competent Miocene bedrock. In addition,recommenduìion, have been made to provide the developrnent with protection from soil¡,;fi¡lGEO;:rìi f )::i::Í r¡::ì-i:¡::Íi:ilíl¡March 29, 2016Contra Costa County BOS Official Minutes81
Ì,-'riìth.iù$rì ililui*:t i i, i tltÌocvi,i i:'r:p*r.i¡r, l)g¡v¡¡¡çi.r i.- r' j:i-li, . iiì{..,. :(.'.1;í:Itii ìr. :i' .-ii ì..'ìr..,.:--..i 1,.,,..-,,. i,1i:ìtill\ri¡.t:ir !,,iiji.i.ii ; i ..i.r :..isloughing and earthflows originating on ihe slopes to the west by including debris benches or bysituating trails or roadways between slopes and structural improvernents. Planned debris benchescr trails consist of a minlrnum l5-foot-r.^¡i.Je near-level bench located between the rear or sieleyard and the adjacent slopes. Subdrains are proposed to be instatled to collect subsurface watersas shown on the Corrective Grading Plan (Figure 1).2.3 GHAD-MAINTAINED IMPROVBMENTS AND OPBN SPACE AREASConditions of Approval (COA) Numbers 2.4.5,8. and 14 aclclress parcel ownership and GHADmaintenance responsibi lities.COA No. l4 (Site Plannine) - The responsibilily to rnainÍain the existing trash racklocated to the south of proposed Lot 4 shall be tron.sferced either lo the Geologic HazardAbatement Ðistrict (GHAD), the praiect's honteou,ner's associalion (HOA), or similarinstrument found to be acceptable by the Town upon recordation of the initial final ma¡trecorded for the property. The area tr¡ the south of Lot 4 shall be configured to thesatisfaction of the Engineering Divisíon lo assure accommodation to stage the necessarymaintenance equipment and to make provision fttr the turnaround and departure oJequipment used to remove debris þr the trash rack. The area shall be graded asrhetermined by the Town and shall have all-weather surfacing (as generally shown on theexhibit referenced under Condition oJ'Approval A.I J:, above).COA No. 2 (Landscaping) - All plant material that is to be located in areas that will bethe responsibility of the project homeowner's association (HOA), the Geologic HazardAbatement Disîrict (GHAD), or similar instrument found to be acceptable by the Townshall be served by an automatic underground irrigation system and shall be maintainedin a healthy growing condition.COA No. 4 (Miscellaneous) - The project homeowner's association (HOA), the GeologicHazarriAbatement District (GÍíAD), or similar insfrumentfouncí io be acceptable by theTown, shall be responsible for maintenance of all common landscape and commonfencing. If an HOA is formed, drcft project CC&Rs shall be submiÍted io ihe PlanningDivision and City Attorney for review and approval a minimum of 45 days príor to therecordation of the final map. An HOA shall be required to be Jbrmed for the projectunless the developer can show, to the satisfaction of the Town, that the duties lypicallyhandled b1t the HOA can he adequate.ly handl.a.d hy thc GI-{,4D or similar instrument. Indetermining the adequacy of the GHAD or similur inslrumertl, emplrusis shall be placedc¡n the need to provide for a local and accessÌble representative that residents of theneighborhood can readily contact in the event that maintenance issues arise.COA No. 5 (lvliscellaneous) - The Geologic Hazarrí AbatemenÍ Distrìct (GHAD) shall beestablished or annexed into. The GHAD shall finance tJrc ¡trevention, mitigation,obatement, or control of any current or Juture geologic hazard that threatensimprovements on the property. Said GHAD shall be established according to Public3March 29, 2016Contra Costa County BOS Official Minutes82
fìrùiìdr,'i{)lìiì iìi:uii:s i i ìnciLilll t¡$ f ììl*itiìt"i ii, i-ì3¡r'ri ll¡¡$'iiiiì iì{ìü.üf i,;ure ìli, ?ü 15fìt i iäi,itì .1ir;tiii:r 5r ì', ::ii1 iìResources Code $26500 et seq. The approxintately 99 acres of permanent open spacecreated as part of this pro.iect shall be maintained by the GHAD. The GHAD shall beresponsible .for the ntaintenance and upkeep of the deÍention basin and other stormwaterpollution control and hydromodificationfacility constructed as part of the project.COA No. 8iscellaneous)- Prior to the recordation of the final map, the proiectap¡tlicant shall prepare and submit a detailed Operation and Mainlenance AgreemenÍ tothe Development and Services DeparÍment.þr review and approval. The operaÍion anclMaintenance Agreement shall identìfu the maintenance and funding for proposed stormvtater managenxent features at the projecl site (i.e. bio-retention facility, storm walerdetention basin). All.features shall be maìntained andfunded by the local homeowner'sassociation (IIOA), GHAD or similar instrument found to be acceptable by the Town.The maintenance protocols shall address both the routine and non-routine maintenancenntíttitíoc n-rl chnll pvnl iritlv idpntíÅt ynnnilnrinç, onrl renorlins reotiremcnl,Í. The,scúrati¡. ..,",-,!., _,,Ò __._-_ - _r.,.--.-o ,prolocols shall include an esÍimale of annual moniloring and maintenance costs.The GHAD shall be responsible for tlie maintenance of geologic stabilization and hydrogeologicfeatures i¡ the common open space and the unimproved areas. Specihcally, the GHAD'smaintenance responsibilities include prevention and abatement of geologic hazards such aslandslides and slope erosion within the developed area and open space as provided in this Plan ofControl. The GI-IAD wilt have the responsibility to manage geologic hazards, as describedherein, within the Project area only after the transfer process has been completed (Exhibit C).The GFIAD will have the following maintenance responsibilities as outlined below:o Monitoring of retaining walls and maintenance if structural integrity of a wall or adjacentstructure(s) is threatened (Parcels A and B).. Maintenance of water detention basin facility and access road located on Parcel "8".Maintenance of bioretention facility located on Parcel "A" between Midland Way and Lot 1Maintenance of trash rack on"Parcel"8".Maintenance of debris benches, lined and unlined drainage ditches in developed areas andopen space.Vegetation control for fire suppression within open spac.e (Parcels "A" and "8").Maintenance of storm drain system improvements, subdrains, and subdrain outlets in openspace (Parcels "4" attd "8").Trail rraintenauce on Parcel "8".ffi EÜaaaaaaj i.)íj_il ji)i .1:::i,:_r,:irrj :llì,.1 :,-4-March 29, 2016Contra Costa County BOS Official Minutes83
ìi::ìiiclosiì i-{i-.¡i¡ss i i, i t¡i:.irrdl i¡ i:)lüpr)ti r¡,, iìilnr¡ìiirilil si).ilùù.iìlì1l.... ^ ! {! ¡-\r\¿ r:ljl ii ìt, I r). /'i i :)i:ie,vii:ct jtiti.i'ii'y' 7, .ìil': iì2.3.1 Gencral Landslide Þ[itigation'n^^ +^^h..in,,¡s rhe lìHAl-) rnnv ernnlnv !n n!'rì\-/ent nri!ioa!e, or abate landsliding or aclverseerosion damage that might include, but are not necessarily iimited to:. Removal of the uustable earth rnass'. Stabilization (eitlier paftial or total) of the landslide by removal and replacement withnnrmnqnfnrl .l.ninerl fi I Irvt¡¡yq!.vu. Construction of structures to retain or divert landslide material or sediment.. Construction of erosion-control devices such as gabions, rip rap, geotextiles or lined ditches.. Placement of drained engineered buttress fill.. Placement of subsurface drainage devices (e.g., underdrains, or horizontal drains)'. Slope correction (e.g., gradient change, biotechnical stabilization, and slope trimming orn nnfnr r ri n o\Construction of additional surface ditches and/or detention basins, silt fences, sediment traps,or backfill or erosion channels.apotential landslide and erosion hazards can often best be mitigated by controlling soil saturationand water runoff and by maintaining the surface and subsurface drainage system. Maintenanceshall be providecl lor lined surlace dlaitrage ditclies and drainage terraces.2.4 BIOTBCHNICAI, IIECOMMEI{ÐATIONS FOR PREVENTION ANÐMTTIGATION OF EXISTING OR POTBNTIAL EROSION HAZARDSFill slopes within the boundaries of the GHAD are expected to be erodible as will cut slopes inbedrocÈ; therefore, the maintenal"rce of vegetative cover is especially imporlant. Vegetationprovides a protoction on soil and exposed rock. It absorbs the impact of raindrops, reduces thevelocity of runoff and retards erosion.In many instances, adequate erosion protection for slopes can be accomplished with carefullyselecteã and placed biological elements (plants) without the use of structures (e.g., brush layeringand willow waddling).In other areas, biotechnical slope protection may involve tlie use of mechanical elements orstruciures in cornbination with 'oioiogical elei¡eiris io provide erosion control and help preventsrnall-scale slope failures. l,ocally, walls, welded-wire walls, gabion walls, rock walls, riprap andreinforced earth walls usecl in combirration with carefully selected and planted vegetation can::r..i1:¡: i: I i: ¡¡.1¡il';' : i: j'5March 29, 2016Contra Costa County BOS Official Minutes84
iì:i:ilrii,.li:l¡;l iìi:tiis-r i ì iitili:rllíi r¿,; fìr il¡ìitì ì ¡, litii iiììr;ùi sû ilùÙ.{lû'l,il.li* 1{ì, ltliiÈìilvi::cd -litrIi:siy 7, ::iiÌ $provide high-quality slope protection. The vegetation may be planted on the slope above a lowietai¡ing siructure or toe wall, or the interstices of the structure can be planted.2.5 CRITEIìIA FOII. GHAD RESI'ONSIBILITYTo establish an appropriate GHAD assessment level fur the Podva Property portion of theGHAD, it is important to define clearly the limits of the GI-IAD's responsibilities. The GHADwill accept respbnsibility for propefty as described in Exhibit A and identifìed in Section 2.3.However, the intent of this Plan of Control is not to extend the GHAD's responsibilities to everypotential situation of slope instability; as such, the foltowing are exclusions fi'om GHADresponsibility.2.5.1 Isolated or Remote Slope InstabilityThe GHAD shall not have responsibility to monitor, abate, mitigate or control slope instabilitythat does not involve darnage to, or pose a signil'rcant threat to damage, site improvements orflood control capacity. As used herein, the term "site improvetnents" means buildings, roads,sidewalks, utilities, ietaining walls, improved trails, swimming pools, geologic stabilizationfeatures and drainage features or similar improvements.2.5.2 Single PropertYThe GHAD will not prevent, mitigate, abate or control geologic hazards which are limited inarea to a single residential parcel of property unless the geotogichazard has damaged, or poses asignificant threat of darnage to site improvements located on other property within the GHADboundaries.2.5.3 Geologic Hazards Resulting from Negligence of Property ownerThe GHAD may, in the general manager's sole discretion, decline to prevent, mitigate, abate orcontrol geologió hazards which occur or result from any negligence of the homeowner and/or thehomeowner's contractors, agents or employees in developing, investigating, grading,constructing, maintaining or pérforming or not performing any post-developtnent work on thesubject property.2.5,4 Pro¡rerty Not AccePtedThe GFIAD shall not have responsibility to repair damage, which is located on a parcel of realproperty, wliich the GHAD has not accepted in accordance with Exhibit C. The GHAD,iro*"ui, may monitor, abate, mitigate or control slope instability on a parcel of real propefty,which the GI1AD has not accepted in accordance with Exhibit C, provided that the GHADresponsibility on such parcel snàtt be limited to the extent necessary to address damage or asignificant threat to daÅage site irnprovements on a GHAD-accepted parcel. Should the GHADbe required to responcl to a geolog'tc hazard outside the bonndaries of the GI-IAD, the GHADGEO! : :: ;l:, i:: ! :':t :,.' ! i'.',i.ìiir¿ -March 29, 2016Contra Costa County BOS Official Minutes85
i:ùiìtìt¡l't-itìit iìi:t¡iils I :, ìiti:iní]d.;;: f:>i,..pili i'f i-ìôì ì\iiiliì$i üÌ iìiìü.ii$i.iilì ii; i i1. ¿',,.j i ììti\:ì\¡i¡i_-:iì ,iiii liìi:ii )i í . .{!¡ I i.\may take such actions as may be appropriate to recover costs incurred as a result of preventing,mitigating, abating or controlling such geologic hazard from the responsible PaftY, if any.2.5.5 Geologic Hazard Which trtequires Bxpenclitune in Amount Excecding the Value ofthe Thrcatened or Damaged ImprovementTlre CHAD may elect not to prevent, mitigate, abate or control a geologic hazard where, in thegeneral rnanager's sole discretion, the anticipated expenditure required to be furided by tlieGHAD to prevent, mitigate, abate or control the geologic hazard wili exceed the value of thestructure(s) anci site improvement(s) threatened with ciamage or ioss.2.5.6 GI-IAD Funding or Reimbursement fbr Darnaged or Destroyed Structures or SiteImprovcmentsIn ihe event a residence or any otlier private structure, site improvement or landscape feature isdamaged or destroyed as a result of a geologic hazard, the GHAD rnay fund or reimburse thepropefly owner for the expenses necessary to repair or replace the damaged or destroyedstructure, site improverneut or landscaping. Unless otherwise authorized by tlie Board ofDirectors, the total dollar amount of the GHAD funding or reimbursement paid to all propertyowners whose property is damaged by a geologichazard may not exceed ten pet'cent (10 percent)of the total costs incurred by the GHAD in actually mitigating, abating or controlling thegeologic hazard that causes the damage'. In the event the geologic hazard damages or destroys astructure, site improvement or landscaping which violates any provisions of the City BuildingCode or City Code at the time of its installation or improvement, the GHAD may decline toprovide any funding, or reimbursement to the property owner for repair or replacement of thedamaged structure, improvement or landscaping.2.5.7 No Reimbursement of Expenses Incurred by Property OwnersThe GHAD will not be obligated to reimburse a property owner for expenses incurred for thepreveiition, mitigatioii, abatcmciit, or control of a geologic Íiazaid abscnt a written agreementbetween the properly owner and the GHAD to that effect, which agreement has been executedprior to the property o\¡/ner incurring said expenses, and follo,xing an investigation con<lucted bythe GHAD.2.5.8 GFtrAD Manager Discretion ancl Appeals to GHAD Board of DirectorsThe GHAD manager has sole discretion for GHAD's response under items irr Section 7,.5. Anydetermination made by the GHAD Manager in its sole discretion may be appealed to the GHADBoard of Directors through a written letter of appeal submitted within l0 days of the GIIADManager's written determination to the affected party.I For exanrple, if a landslide causes $10,000 in structural damage to each one of four neighboring homes for a totalof $40,000 in stluctural darnage and it cosfs the GHAD $100,000 to design and install a new retaining wall to abatethe slide, the GI-IAD may only reimburse each property owner $2,500 of their S10,000 in structural danrage.-7-.'l,,iiì.,,,,, 8OMarch 29, 2016Contra Costa County BOS Official Minutes86
iìùnilùiùs¡ linui-'s iì iiii:!:rolJ vil l-'r*pi.t r i \i, iJ¡¡ ¡r¡¡ i¡¡;{i'ìiìil tiüiì.ilÙl.ir:iit-' ì$, l{)1iifìrlvisi:u' .lel;tr"iaty t, iìû ìiì2.6 PIìIORITY FOR GI{AD-FUNDED IìEPAIRSEmergency response and scheduled rnonitoring, maintenance or repair expenditures are to bepriorilizeiby tne General Manager, utilizing its discretion, based upon available funds, a prudent,."r.ru" and ihe approved operating budget. Should available funds not be sufficient to undeftakeall of the identified remedial and preventive stabilization measures, the expenditures shall beprioritized as follows in descending order of priority.A. The prevention, mitigation, abatement or control of geologic hazards that have eitherdarnaged or pose a significant threat of darnage to residences, critical lifeline utilities oremergeÍìcy vehicle access corridors.B. The prevention, rnitigation, abatement or control of geologic hazards that either haveclarnaged or pose a signifreant threat ol'damage to ancillary structures or private recreationfacilities (e.g., pools, spas, etc.).C. Prevention, mitigation, abatement or control of geologic hazatds, which either have damagedor pose a significant threat of darnage to open space amenities'D. The prevention, mitigation, abatement or control of geologic hazards that either havedamaged or pose a significant threat of damage limited to loss of landscaping, other similarnon-essential amenities.E. The prevention, mitigation, abatement or control of geologic hazards existing entirely onopen-space property and which have neither damaged nor pose a significant threat of damageto any site imProvements.If sufficient funds are not available to underlake the Iisted activities, the GI-{AD may investigateobtaining funding as allowed in Section 26505(e) of the Public Resources Code through theissuance ofbonds, notes, or debentures such as a line ofcredit'2.7 MAINTBNANCE AND MONITORING SCHEDULEGeologic features and Gl-IAD-maintained facilities should be inspected on a regular basis. Budgetperrnitîi¡g, inspections should generally be scheduled to occur two times per year in normal yearsand three or more times per y.* in years of heavy rainfall. The inspections should be scheduled totake place in the fall, prìor io the first significant rainfall; rnid-winter as necessary during heavyrainfall years; and in spring at the end of the rainy season. It is anticipated that the monitoringevents for the podva lroperty and the Wiedemann Ranch development within the WiedemannRanch GHAD would be completed on the same schedule'¡ A GFIAD Engineer and/or Geologist should inspect the lined surface of concrete-lineddrai¡age ditches within the GHAD boundaries on a regular schedule' Repairs andmaintenance should be perfonned as needed. Excess silt or sedirnent in ditches should bei' EO! :: ;:'.t :. I " i i:: :,:t': ;: li ;,t : i'.: t:,-B-March 29, 2016Contra Costa County BOS Official Minutes87
ililriiìelos* i'li.:li¡i.rs i ì, iiiclcid vl iì x;poti¡r, iì¡¡ni¡i I i;¡¡,':'1al i\i\¡ì iriì1ì1 :'r:i"i ij\/j\i,r;" Ir...., Ì!) ;.rr'll.::.ltil.j iJ /\; ìiji:...,..,,.,.{ t, .,..,. ,, ï "):, i,'ìi 'r, !'1.: : ,l, i: i i.:, ' rr ¡J ¡: r.,r : t-;cremoved and cracked or broken ditches should be patched or repaired as required before thebeginning of the next rainy season.Inspection, repairs, and maintenance of debris catchment structures should be perfonned on aregular schedule. Excess clebris should be removed to allow the structures to maintainadequate catchmcnt area.Subsurface drain outlets and horizontal drain outlets, if any, should be inspected on a regularschedule. Water flowing fr:om these outlets shoLrld be ¡neasurecl and recorded during eachinspection. Any suspicious interruption in flow should signal a need to unplug or clean.Inlets, outfalls or trash racks, if used, must be kept free of debris, and spillways must bemaintained. Attention should be given to plantings or other obstructions, which may interferewith access by power equipment.Retaining walls should be inspected annually for evidence of distress, such as tilting andlorstructural failure. Repairs and maintenance would be undertaken only in the event that tl-restructural integrity of the wall has been compromised or if the wall distress poses a threat tothe integrity of adj acent structures.aaao The water detention basin facility and bioretention facility should be monitored on asemi-annual basis; once prior to and once following rainy season. Repairs and maintenance,as needed, should be undertaken, including removal of excess silt or sediment.. Monitoring of the detention basin access road should include observing the access road foreroded areas or areas of instability, pavement competency, and encroacliing vegetation.The GHAD should review its inspection schedule annually and assess the effectiveness of itspreventive maintenance program on a regular basis. GHAD staff should prepare an annual reportto the Board of Directors with recommendatior-rs for maintenance and/or repair projects.Consultants, as necessary, nìay be retained to undeftake the needed studies. Tlie GHADGeotechnical Engineer and/or Certified Engineering Geologist retained by the GHAD shaliprepare an annual inspection report for presentation to the GHAD Board of Directors.3.0 GLOSSARYEngineer's Report - The document that establishes the individual property owners' GHADassessment based on the projected expenses (budget) of the GHAD.Geolosical Hazard AbateDistrict IGHAD) Manaser - An entity employing a licensedGeotecl,nical Engineer who will oversee tlie operations of the GHAD including preparation ol'CHAD'oucigeis. The CHAD Manager is hired by ancl reports io ihe CHAD Boarcì of'Directors.J:ììi,ìi-:ili l:tiiil'ljl:,)iiri:'-9-March 29, 2016Contra Costa County BOS Official Minutes88
i::i:iì$iliosi¡ i-{i:nsi: Iì, it¡i:ìi.ríJ.jJ PiiìÈil r ¡.r¡, l,ri iit iii i ieir1 si) iiùii.iìül,iure li),1ìiì11ìñÈi,i$t*'l .ììi ti:i:i}',J, :ìiiì iì4.0 OWNERSHIPANDMANAGEMEINTOwnership, funding sources and maintenance responsibilities shalt be as shown on the followingtable and Figure 1.TABLE 4.0.1PODVA PROPI]RTY/WII]DEMAN RANCI-I GHADTerm OwnersandMatrixl. Development AreaPrivateNot ApplicablePrivatePrivated-c:-^r^ n^.*:t., D^^:l^-r:^lùlllBlç-r'dltlllJ l\çòtuç¡¡l rdtParcels (20 units)HOANot ApplicableIìOA FeesHOAb. Neighborhood Cornmon Areasi. Landscapingii. Irrigationiii. FencingTown of DanviileTown of DanvilleNot ApplicableTown of Danvillec. Public RoadwaysTown of DanvilleNot ApplicableTown of DanvilleTown of Danvilled. Stom Drain System2. Open Space - Parcels (¿4" and '6Bttplan of Control Defined Activities (Thlee (3) Year Minimum lnitial Monitoring Period)Developer3 YearsPrivate FundingDevelopera. Bioletention cellsDeveloper3 YearsPrivate FundingDeveloperb. Detention BasinDeveloper3 YearsPrivate FundingDeveloperc.Storm Drain Systern including"hash RackDeveloper3 YearsDeveloperPrivate Fundingd. Vegetation Management forFire SuppressionDeveloper3 YearsPrivate FundingDevelopere.Slopes and Surface DrainageImprovetnentsDeveloper3 YearsPrivate FundingDeveloperf. Retaining Walls, Gates, andFencingDeveloper3 YearsPrivate FundingDeveloperC. TrailPlan of Control Defined Activities (Post Initial Monitoring Period)GHADPerpetualAssessmentGHADa. Bioretention cellGHADPerpetualAssessmentGHADb. Detention BasinGHADPerpetualAssessmentGHADStorm Drain System includingTrash RackGHADPerpetualAssesstneutGHADFire Suppressiond. Vegetation Management forGHADPerpetualAssesslnentGHADe.Slopes and Surface DrainageIrlprovetlents¡i;ilui;GEOi-'t1 :,i,r i:'' 'rr. ,'r-10-March 29, 2016Contra Costa County BOS Official Minutes89
i:)i:ììiir)iùr;r'¡ iii.:¡tis¡ | ì iiii:i::ltdti; Èii:¡:iì;i ¡\r l¡i,tt :i¡iiil.:s¡'ìiìü Ûsù.iiii'ì.li:ri* ìiì, ?iì11ìl-',..,i,r,r¡l l.rrrr'rrr, ¡ 'ì'iì iiì¡ \i vì -\(:;V ,.r(iJ l(t:.\' IGFIADPelpetualAssessmentGHADf. Retaining Wails, Gates, andFencingGHADAssessmentPerpetualGHAI)h. Trail5"0 RIGHT-OF-BNTRYGHAD officers, employees, consultants, contractors, agents, and representatives shall have theright to enter upon all lands within the GHAD boundary, as described or shown in Exhibit A, forthe purpose of perfonning the activities described in the Podva Property GHAD Plan of Control.Should the GHAD neecl to access parcels owned by the Homeowner's Association, or privateresidential lots to fulfill its duties uncler the Plan of Control, the GI{AD shall provide the affectedlandowner and/or resident with T2 hours advanced notice unless, in the reasonable judgrnent ofthe GHAD Manager, an emergency situation exists which makes irnmediate access necessary toprotect the public health and safèty, in which case no advanced notice is required, but the GHADshall inform the landowner and/or resident as soon as reasonably possible.'tha nr¡¡nar. ^r ^r¡¡ñêrc nf nrnner-tr¡ rr¡ifhin fhe Pod.ra Pronetfr.¡ shal ! recorcl a Dgclaration ofi iiv UVIi¡Ui wi viv¡iwiJ u¡ PiuPvi LiRestrictive Covenants, Right of Entry and Disclosures Regarding Geologic llazard AbatementGHAD ("Declaration") after recordation of the Parcel Map. The Declaration creates covenantsthat run with the land and will be binding upon all future owners of property within the PodvaProperty development, their successors and assigns.:f;i:.*FÜ,':-*l:rrl:i l];li::',i;..,''¡ ìt:,:'-11 -March 29, 2016Contra Costa County BOS Official Minutes90
iriliìlìùio:t:: i' ìi.:irii-',:; i i ìni:irrl.¡d r.¡i,i Ftit!:tì¡l-il . ì aii.; iììs$ ìiìü üiìÙ.Ûil1.juns 1$, ìil'liilììeirrseld .leni¡elY l', :l)Ì.2REFERENCESDariville Town of, Resolution No. 28-2014, Certifying a Final Environmental Impact Repoftand Adopting f,rnding of Fact, Adopting Mitigation Measures and a Mitigation Monitoringa¡d Repòrting Program, and Approving Preliminary Developrnent Plan - Rezoning RequestLEG12-001, MajoiSubdivision Request SD 9309, Final Development Plan Request Devl l4-00l l and Tree Remor.,al Request TRl4-007 (APN 208-160-007 and 008 - Pnclva Property -Ponderosa Homes), April I ,2014.ENGEO, Geotechnical Exploration, Podva Property, Danville, California, Project Number91 60.000.00 l, August 6, 2014.ENGEO, preliminary Geotechnical and Fault Evaluation Report, Podva Parcel, -Danviiie,California, Project Number 9160.000.001, August 5,2011'Carlson, Barbee and Gibson, Vesting Tentative Map, Subdivision 9309, Podva PropeÚy,Town of Danville, California, January 2012.Carlson, Barbee and Gibson, Draft Final Map, Subdivision 9309, Podva Propefiy, Town ofDanville, California, November 20 14.J45iijï$\$GEO' i:rtl;eiÍ i:: ¡:|:l':!i ¡:;':i';':: -March 29, 2016Contra Costa County BOS Official Minutes91
FIGURE 1Corrective Grading PlanFICUREMarch 29, 2016Contra Costa County BOS Official Minutes92
---.--:rI; :,'GEOIì,t:IQalQcT6p1cTb¡TmQldK.7\I ¡:2 1 rsr¡rr¡.úìrr:t4]r'm,r,¡d!,R,3+_-J3'March 29, 2016Contra Costa County BOS Official Minutes93
EXHIBIT ALegal Description and Plats to Accompany Legal DescriptiontrXHILITAMarch 29, 2016Contra Costa County BOS Official Minutes94
SUBDIVISION 9309
RED HAWK
coNsrsTlNc 0! 5 SHEETS
BEINC A PORTION OFRANCHO SAN R^MON À\D
A P0RT|ON 0F SËCltoN 12, T.rS., R.rW., l\40À1
TOWN OF DANVILLE, CO\-IRACOST,{ COLI\TY, C,{LIFOR¡iIA
Carlson, Barbee & Gibson, lnc.
CIVL ENONEERS .SUREYoRS . PUNERS
$NMVd CÁLIFCRNÌA
JIIiE 20ì5
OW\-ER'S STATEMENT
]HT UNDERSIGNID. BEING TflT PARÌIS BAVNC RTCORD Ì]ILT IN1ERTSI IN BÉ -ANÉ DÊLINIA]TD AND EMBRACED WBIN
Èi SUED]VSON BOUNOARY OF IHIS MAP INìTEO.SIBCIVSON 9509 RED HA*-, TON OF DANVLLI, CONNA COSTA
COlNil, CALIFORNIA. OO HTREBY CONSENT IO ßE SAKING ANO RTCORDAION ]F I¡: SAM€,
THt REAL PRæERñ DESCRIBID BILoW lS DEDICÀÍED aS ÀN EASEMENI FoR PUBLIC TURP0SESi
ilOSE PCRNON OF SÂID LANDS DESGIAND O! ÈIS UAP AS RTD TAIL CWRf. SN]:IILO COURT AND MIDLAND WÂY FOR
PUB!C SNEET ÀND U¡Úñ PURPOSS,
lHt RtÀL PRCPERfr BELoW lS oFFERED FoR oEDlCAlor ÂS N EASEMENI F0Ê PUBLIC PURPoSIS|
TlE ARIAS DESICNÀED AS.PUSLIC UNUÛ IASEMTNT'OR.PUE'ART FOR PUELIC FURPOSTS INCLUDNG Pilfs. SIRTS,
CONDUITS, SÍGM DRAINS, FLOOD AND SURFACE WATTR DRA]NÀGE. GÂS UNES,
'ÉCìRiC
IPHONI, ANÐ CABU
trLEVSION UÎIINTS. INCLUOINC IHE RICHTS OF LNCRTSS, ECRISS, CONSNUCTICN, ÐMSTRUCTION, ACCESS FOR
IAINIENANCT Oí BORKs, ]VPRC\TMINIS, ÀNÛ SIRUCfuRIS, ÄND THE CLTARIN(. OF OBSNUCTIONS AND IEGETÂìON,
IHE REAI PRæERTY SELOW IS OFFIRED FOR OEDICAIfi AS N TÀSTMÊNI ÍON PU3lIC PURPOS€S:
frT ARTAS gOfr AS.SCENIC IASEMENÍ" OIR PARqL.B. ÀND !N$RW{O OEffNATED REMÂINDEF ARI FOR BE
PURPOSE tr OPTN SPACT AND ART SPECJFLCALLY E¡CLUDTD FROM FUTURE DE\TLæHENT, Tht StrNIC EÀSEMENÏ
ACROSS IHT UNSR!€YD DTSICNATED RT!AINDER SHALL ÀUIWÀTICALLY IXTINGUISI UPON E.B,R,PD, ACCfPTANCE OF
THT LAND DEDICAÌON.
BÊ RTAL PRæTRfr DTSGNAtrD AS PÂRCEL'A. IS FOR frI PURPOST OF PRVAE STORV DRÀINÄGE, LNDSCÁPE
FTAruRTS. AND WAtrR OUAUÌ USI ÀNO ÀNY IMPROT€MTNIS ÄND APPURÏ'NNCES INSÏilED. HE RTÂL PROPTRfr
DCS]ôNATTD ÁS PÀRCTL'8. IS Fffi üI PUFPOST Of OPEN SPACT. MÂNTINÀNCT OI gID PARCELS SBAtr BI IHI
R€SPON9tsILI]I OT fHI HOilIORTRS ASSOCIA'IION OF'IHIS SUgDIVSON. PARCTL'¡'AND PARCTL'8'WLL BE OFFTRED
]0. ANO ÀCCTP]EO 8Y, ilT GTOLOGC HAZARD ABA]TMENT OISMICÌ (HAD) BY SEIqRATE INSMUMENI SUBSTQUTN'I IO
}[ NLLNG OF ilIS SAP.
frT- AR¿ÁS SNOfr AS'LÀNDSCÂPT MAINTENANCE TÀSEMTNT M'LüE'ARE SPTCIFCALLY EXCLUDED MOM PUBLIC
OEDICATfl ÂND ART FOR ]Hi UST OF AND VÂINIENANCT BY frE NOMEONTÊS ASSOCIATON OF SUBDIVSON 9JO9 RED
HÂW. FM ACCESS, SIORM ÐRAINACE. CðS]RUCION. AND HAINÎNÁNCT OF SIOR{ DRAIN ÄND LANDSCAPI ftÂTURÊS,
Bt AREÁ MARKID IBMUO IS DSDICAITD TO EASÏ BAY MUNICIPAL UÌLIfr DSNICÏ ÁS A PERPEÍUAL EASEMENT FOR Rt
PURPOST ff CONSNUCNNG, RIPLACJNG, UÁINTAININC, OPTRAÌNC ÀND USING FOR IE NANSUISSù AM DISNIBUTON
OF WAffi, A PIPE OR PIPELINES ÄNO ALL NECTSSARY NXruRES INCLU'ING UN)ER@&ND ÎELEMENY AND TECNICAL
CABLES OR ÀPPURIENANCTS frTRTTO, IN, UNOER, ALONG AND ACROS SAID üS€UENT. TMEfrER frfr ßE RIGHI OF
INGRISS JO ND ECRESS FROM SAID TÀSEMENT ÂND ßT RIffiI Ai ü ìVTS TO Til]fR IN. OWR AND UPON SAìD
TASMENI ND ÊVÊRY PARÎ NEÌEOÍ.
üI EASEVENT MÉA MÁY BI TANDSCAPED IN A MÁNNER CONSSENT W} EêSÎ EÊY VUNICIPAL UTLIil DISNICÍS USE|
NOYEWR, NO EUILDING OR SNUCTURI MAY 3T PTACTD ON SÀID EASEMENT, NO 1FÊÊS MAY 8E PLANIID WIHIN IHE
EASMTNT AREA ÀND NO CHANCES YAY 8E VADE IO B! EXISÎNC SURFACE ÊLEVAION (GRADE) OF IHE EASECENÎ
AF:A 8Y MGT ]HAN OÑE (1) FOO1, NOR SHÁLL ÄNNING BE æNE NERTON WìCH gAY INERFERE HÊ EÀSI gÀY
UUNIC]PAL UlUÛ OISlRlClS rut! INJÔWENT OF SAO EASIMENT.
ùT REAL PRæERTY DSSNAED AS.DESNAED UNSUR\tYTO RIMÀINOÊR'SH{L 8E DEDICAtrO TO ÎHÊ ÊAST BAY
RIqONÀL PARK DSTRICT 8Y $PARAE INSNUMENT SUESIOUÊNÎ IO ilE FIUNC G BIS MÂP,
ilÊ ARIA SHOM AS RAIL MA]NTTNANCE ÂCCÉSS ÊÄSEUENT OR'IMAT'IS IFREVOCAELY OFFÊRTD FOR DEDICAÌON IO
flÊ EÁSI ÊÀY RTGIONAL PARK DISNICT FOR INCRTSS AND EGRESS. MANIN¡NG PURPOSES, NO PUBLC ACMS. TIS
TA$MEN] WLL 3T ÀCCEPED 8Y ilE EÀSI BÁY REGIONAL PÀRK DISNICT BY SEPA?AE INSNUMSNT SUBSTruENT IOÊt nuNG 0F Brs sp.
BIS MAP SHOÆ ALL EASÉMENIS Oi RECMD ON ilT PRæIRft BEING SUED|VDED
OWNER'S ACKNOWLEDGMENT
Á NOfARY PUELIC ffi O}ER OFFICER CNPLTÌNG ilIS CTRÌFICÂTÊ VTRIFES ONLY BT
IDTNÌñ OF ilE INDIVDUÄL ffiO SICNTD ilE OMUMENI TO ftICH ilIS CIRTIFICAÌT IS
ANÀCBEO. AND NOT frE RUßFUUESS, ÁCCURACY, OR VÁLIDIfr OF BAT DOCUMENT.
SIAE 0F
COUNÌ OF
-
ON EEFORT ME, , A NCTARY PUBLIC,
PERSONALLY APPEARED WO PROWD TO ME ON BE BASIS OF
sÀltsFAcloRy tvotNct T0 8t t8t PtRsoN(s) ffiosE NAMt(s) rs/ARt sBSmBaD t0 tBE wlHlN
rNSnuMENt AND ACKNoIIDGÊO l0 ME lHAl HI/SHE^HÊY ÊKCU]ID IHE SaMt N frS/HtR/ilÍR
ÀufroRrzEo cÁPAcrTy(rts), AND IHAT 8y Hrs/HtRÆrEtR srcNATURt(s) 0N BE rNsnuMENt frt
PERSoN(S).0R BÊ ÊNITY UPfi BEHÀF 0f ffirCH lBf PERSfr(S) ÁCT[o, IX€CUED üE TNSTRUMINT
I CTRÍIFY UNOER P€NALfr OF PTRSRY UNDER frT IAìS OF ÏHE SÏAE OF CAUFORNIA ilAT THI
FORECONG PARACRAPB IS NUE AND CORRTCI
HNTSS MY HAND AND OFFICIAL $AL:
SIGNAIURT:
SURVEYOR'S STATEMENT
NAUE (PR|Nt):
BIS VAP WAS PRE?ARTD 8Y ilT OR UNDIR MY DIRICIION AND IS BASÊD UPN A FILD SUR\€Y IN
CONFORMNCE trÎH ]TT RTOUR'MENIS OF IHE SUBDMSION MAP ACT AND LOCAL ORDINANCI AT ilE
RECUES] 0; PONDTROSA HOMTS il, INC., Ä CÁLLFORNIA CORPCRAION, IN SEPTIUSER 2014. AND IS TIUT AND
CNPLT]¡ AS $OM. I HEREBY STAtr ßAI IHIS FINÀL VAP SUBSIANìALLY CONFORMS IC }T
CONDIIONAtrY APPROVEO TTNIAIVT MÀP, I HIRTBY STA]I frAI ÈT UñUMTNIS hLL 8E SgÌ IN iHE
POSIIñS INDICATED ÁFTER lHE IMPROVTMENTS ART COilPLTIID ÂND ÎHAI ffE VONUMTN.JS ART, OR WtL
BE. SUFFICIEN'I'IO ENAgLT DT SUR!€Y ÌO 8E REÌRACED. THT AREA OF ßT 9]BDIVSON S ]3.22 ACRIS,
PRINCIPAL COUNTI OF EUSNISS:
MY C0gslssroN fluM8ER:
VI COMMISSION EXPIRES:IORT OR LÊSS.
OAÏE MARK H. [B8ER P.LS.
L.S. N0. 7960OWNER'S ACKNOWLEDGMENT
A NOIARY PUÊLIC OR OÛER trFCER COVPLIÌNC NIS GRìFICAtr WRFITS ONLY }[
IOENIñ Of frE ]NDIVDUAL HO SñEO ßT OOSJMÊN1 IO WICH ffIS CIRTF]CA]! IS
ANACH€D, ANO NOT ilE ÏRUüFULNESS, ACCURACY, M VALIOIÌ OF ßÀf OOCUMENI.
staE 0F _
COUNÌ OF
STFORE MÊ,NOTÀRY PUBUC.
0N Bt 8ÁSrS CF
RECORDER'S STATEMENTMO PROED ÏO ME
salsFAcToRy EVDENCE f0 Bt rHt PERSoN(S) ffioSE NAME(S)rs/ARE suBscRtBEo 10 ff€ HÍHN }]S MAP, ENIILID, SUBDIVSfr 9309 RED IAK" IS HEREBY ÂCCIP1ED FOR RTCORDÁION, SNOWNG A
cLtÀR ÎÎLt AS PER LE]TER ff ffLE mrfiEN 8l FrRSl AMIRTCAN t]lt CoCPÀNY, DA]¡D_
-
AND AFER TXAM]NING }E SAMT, ] DEEM }A] SAID ilÀP CNPLIS IN ALL RESP€C]S Hü BE
PROMS]ONS tr SIAI LÀ6 ANÐ LOCÀL ffiDÌNANCES GOERNNC BE FILNC tr SUEOMSION MAPS.
RECORDID Af frT RTOIsST OF FIRS] ÀMERICÄN TTE CSPANY ÀT-V.. ON HE
_ DAY S_ 20_ rN 80OX_ 0F ilps. Ât PACÊ
_ N lHt rff 0F ßE couNñ RtcoRDtR s coNnÀ costA couNil, stafl 0F cÀLFoRNta.aS oRERI
INSNUMINT ANO ACKNONTDGEÐ TO ilE NAT NT/SHE/INEY TXECUIED IHE SAME IN HS/flER/ilEIR
AUBoRTZED CAPACTÛ(ES), ÀND lHÀÎ BY HIS/BÊR/BE|R S!ôNAÌ!RE(S) 0N nt TNSRUUENI tE
PERSoN(S), 0R nt EN¡TY UPoN BEHALF 0f Hrfr frE P[RSñ(S) ACTID. tXtCUìiD HE NSnUMENT
I trRIIFY UNDER PENIÎY OF PERTRY UNDER frÊ Uf,S OF frE S'IÁIE Of CALfORNIA frAf IHE
FORTGONG PARAGRÂPH IS JRUI AND CORRECT,
HNÊSS MY HÀND AND OFFC]AL S€ÀL
PONDTROSA IWES [, LNC., A CAUFORNIA CORPORÀTN SICNATL'PT:
-
DOCUMENI ilO:JOSÊPB E CÄNCIAMIIA
C@NT RECORDER
8Y:BY
NAMT (PRINT):COUNñ f CùTA COSIA
SIÀìT OF CÂLFORNIA
al:
DTPUII COUN I FLCORDLN
NAUEì
rtrEi
oRrNClPÀL CtuNP 0' BUSINESS:
-
1i 91 5{00
NilE:
lat:MY CWMISSION NUMEER:
MY COMMISSIOÑ EXPIRES:
March 29, 2016 Contra Costa County BOS Official Minutes 95
SUBDIVISIO}{ 9309
RED HAWK
CONSISTIìiC OF 5 SHEETS
BÊNC A PORT1ON O¡ RANCHO SÀ\ RAil¡ON AND
A PoRTIoN 0F SECT]oN 32, T. tS.. R.1W., MDi\'f
TOW'N 0F DAN\4LLE, CoìlTRi CoSTA CoUNÌY, CALIFoR}lA
Carlson, Barbee & Gibson, lnc.
CML €NGNEERS . SRWYffi . ;UNÑERS
SN MMON, CAUFGÑÀ
JLlË ?0t 5
CITY ENGINEER'S STATEMENT PLANNING STATEMENT CLERK OF THE BOARD OF SUPI|RVISORS STATEMEI'¡T
I HTR€8Y SIÄtr TÄT i NA\T
'XAIINTO
ÈE WTHIN NACI MAP ENìILEO' SUBD]VSON 9]09 ffiD HAM-,
}AT }I SUBDIVSON ]S SUESÍÀNNruY Bt SAVE AS ]T APtrÁRTO ON II: lENiAlW MÀP ANO ANY
fPRO!€O {TERÁ¡frS frERCF, A5 APPROtrO BY ilE TOR COUNCIL tr ÈE TOW S OAVU, CfuNTYg ccNmÁ c0s1À, slAE cf iÀlrFoRNra,0N _ ÎHAT ALL S frE
PROV9ONS tr SIÁTI LÄW ÂNS IOCÀL fiDNANCES ÀPFICABLE ÁI }T ìU: OF APPROVAL ff }E
IINTA¡W UÀP HÀE SETN COMPLIED $Iil, ANO ÈAÍ I AU SÂìSFITD fHÀI fr[ MP IS ECHNLCALLY
CORRÊC1,
I HTPTEY SÎAÏE frAÎ ÈE PUNN]NG CWMISSIÔ] Of'THI TOM OF OANVLLE, CONTRA COSiÀ
COUIñ, SÎAtr OF CALIFffiNIA, HAS APPROWO üE ENTA¡!€ MÂP ENNtrEO 'SUBO MSÌN
9JO9 R€D HAM' UPtr ffiIfr B€ FINÀL MAP IS BI.SEO-
I HERTEY SÎAI! AS CHECXED BELOW frÀT:
( ) a iax 80Nc assRrNc PAWENT 0F ALL lÀxES Mr01 aÊE Now a L[N. BUr aRt rcl
PÀYÀ8LE , HAW 8Ê!N RETIfD ÄNO ÊIúD Hfr G:30ÀRO OF SUPERV$RS OF CONNA
COUNIY, :;TÂtr OÊ CÀLIFORNÁI,
( ) aLL faxts DUt HAW BíEN pÄro , AS cERtsto By lÏt colNÌ RE0ENPÎoN oFFcü
fT
C05ra
0ÀE (IVN J. GAILEY
CNEF f P!ÀNNNC
rOW OF DANVLLE
COUNñ OF CONNA COSIA
sTÀtr 0: cÀuFcmra
DÀtr:_0À110 DÀVD foÀ
CLÊPK OF ßT 8OÁRÐ tr SUPERVSffiS
ÁND COUNfr ADMIN SAAfM
cNññ 0a cftnA ccSTA
SÎAft CF CALIFORNIA
Str[N C. LÀKE
0EtrLoPMENT SIRV:ES otR¡CToR/Oft ÊNôtNtÉilom s oÀNúL[
R C E 118?0
8Y __
OEPUfr CLEFK
CITY CLERK'S STATEMENT BLIILDING OFF]CIAL'S STATEI\,{ENT
HEREBY SIATE frIS MÄP, EIItrED'SUEDIVSOI 9309 RED HAW '. WÀS PRESN1ED TO flE TOH
COUNCIL OF *E loh f DAÑVLLT. C&NÌ OF CONNA COSTA, STÀÍE OF CÁLIFORNIA, ÀS PROVOEO
BY Uq Af A RTGULAR MEÉNNG NERIOF, HTLO ON }T
-
DAY OF
-
,20- ÁND HAI SAID COUNûL DIO ilERUPM PPRO!€ SÁIO MAP 8Y A RE$LUTON É]CN {AS DULY
PASSTD AND ADOPEO AT SAIO MTTINô.
A 65OtrCHNICÁL EXPLfrA¡M REPORT, PRIPAREO ÐY INtrO, OATTD ÀUCUST 6, 2014. PROJECT
NO,
'16.OM.OO]
, SCNEO 8Y PHLIP SruTCHTU, HAS SEEN RECEIWD AND APPROIIO FOR ÆtAS
INIUDTD lN THIS $M]USIOil ND IS KTPT ß FItr Fffi PUBLIC ]NSPECION AT frI TOM ff
DÂNTtrÉ 8U]DING INYICNfr ÛVSIN. ONVLLE, CAITORNIA
I FURfrIR STAIE THAi SÀID IOh Cù]NCIL DIO HERTÊY ACCTPT. SUUÉCT fO IMPRO\€MENTS, ON
ÊTHALF OF THE PUELIC, ìTE F¡LLOWNG OFÍTRS OF OEDICÀ]ìON SHOffi N ftIS MÀP, SAD *EÀS ffiT
cÀLlao oui AS: RtD TAL CCtRl. ISNCFLIL0 CoURI. PUBUC UtLtfr EASESINÎ (pUE), SCtNtC EASEMENT
ürÆ LtoñllADÉS
trLEF BUILDING trFIOAL
TOffi S OANVLLE
COINTY G CONMÀ CCSTÁ. S1AE OF CALIFffiN A
8Y
--
DÀtr
-
N hINÊSS IHERECF I HA\{ H'RTUNTO SEI MY NNOS ilIS DAY OF
-,
20i5.
'ffi-ùñffi-CIÎY CLÊR( AD E}-OFFLCLO [ER( OF ÈE
IOSN COUNCIL tr THI TON OF ÛANVU,
C&NTY OF MNF¡ COSIA, STAtr tr
C{IFæNIA
SHEET
March 29, 2016 Contra Costa County BOS Official Minutes 96
61A.2C'
209.85
194.43'
1r7_00
285.81
J39.68
2E4.65
261.49
215.97'
208 l0'
ì99.2r'
87.21
LiNGR
s.56
J66.9r'
389 45
N69!000't
N4535 i5'E
NJ2 l0 00'w
N29ì5'22'W
N6939'407
N20?0'20'w
N6427 1C"E
N2r'14 57'W
Nr8 20 58'W
Nt7',o2 05'W
BEARINô
N382306'W
N69 52 r7'€
N20 45 18'W
N0625 59't
N53 56 03'w
Lll
t12
Lt3
Lr4
Lt5
L5
L6
L7
L8
LS
Lr0
UNE TÀ81[
NO
L]
t2
L5
* * *u #rña#&{'e&
sttlt0N 32
e..
2e*
o^
NOT
ir
p
Þ
DESIGNATED
IINSURVEYED
REMAiNDER
SCiNC IÀSEMENT
96 ACl
,)
SUBDIVISION 9309
RED HAWK
coNsrsTnic 0F 5 SHEETS
BINC A PORTION OI R,\NCHO S,\\ MMON Aì.iD
A PORTION OF SECTION 32, T,IS,. R IW.. I4DIV1
.TOWN Oi DANVILLE, CONTLA COSTA COLINTY, CALIFOR¡iIA
Carlson, Barbee & Gibson, lnc.
-lrt_ E\GrNEES . 5æFtoas . ol\!EqS
SÅN MMON. CÁLLÊORNIA
2
7-tl
SCALE; l"= 100'JLi\E 20t5
3 300 0' 150' 300' 600lrrr#lrr-
-
I
l
__.i
#
.a
-¿
ÀDA6 I )4
3-a3?61
afreR
94-273A12
PA,?CEL S
SU!DIV]S]ON 9OO9
515 M 1g
GUPHIC SCALÊ
BASIS OF BEARINGS
REFERENCES:
3
-ã<\*9-o-ì
S.
4
ffT BASS OF BTARNCS FOR BIS SURWY IS OTìTRMINTD 8Y FOUNO
HNUMENÎS SHOW ù ESRLDCE AWNUE, ilE 8€ÄR]NC EEING
N2r'0000"w pER nÂcT N0. J2E0 (r07 M 4J).(r)
(M-PL)
(M-Pt)
-AS TRAMTAS REC.o\ÀL W¡LDERNESS
EÅS] BÀY REG]OML PARK D]STR T
6
z\
INâICÁTIS RIFERENCT lUV8ER
sugDvstoN 6æ8 (279 M J)
cRArl 0EtD. Doc N0. 201r-526rE
IRÀCT 2713 (77 ! 3r)
suBDMSrd 3280 (r07 M 4J)
(rf)
(ì)
(2)
(Ð
(4)
PÀRCTL A
NOTE:
]. A CB]SEIEO MARK SNALT BT flf INTO ilT TOP OF CIRB ÁT frT
PROICNGATON OF IOT LNES, AND A RIBAR AND CAP. LS 7960. SHATL
BT STT AI ALL NON-FRONÌAGE CORNTRS AND ANCLI POINÎS
LEGEND
SUBDIVSI& BONDARY L]N[
RICHT OF SAY UNE
LOI INE
tÀsutNf LtNt
MONUMTNI LINT
ADJCNÊR LIN:
RÀNCHO AID STCNON UNT
IOTAL
RADIÁL
MONUM€NI ]O MONUMTNI
VONUMTNI TO PRPTRfr LINE
FtuND stañDÀRD sn[t] ùfruMtNT
SET SiANDARD SNTTI !ONUMTNT
FOUND IfrUMENI AS NOED
UNDSCAPI ÍAINtrNANCI EASEMTNI
PU8Lrc UNUÛ TASTMINI
NAL MA]NTENANCE ÂCCTSS EÂSTMTNÌ
SHEET LIV T
SHIEÌ NUMBER
,'/
DES]GMTED
UNSURVI'IED
REMAJNDER
5t5 M 19
(f)
(R)
(M-M)
(M-PO
@
a
LMT
PUT
TMAt
o
1915400
March 29, 2016 Contra Costa County BOS Official Minutes 97
15,351 Si
12
PARCEL A
1t,778 S1
PUE WAY
1
|.159 SÊ1
L=!754
r5,708 SFr
L3
293
--r-
I
I
ì
I
ì
Lt2
129
PUE
I
--l
È¡-
20
r?,906 sFr
6
11,s33 SFt
L=55 9l
t7.012 sFt
l4
-E4.68
N07r2 2r't
J4.6E
r7,080 sFl
l9
ti1
t=27.95
r8.359 Sfi
18
DESIGNATED
L]}ISI,R.VEYED
REMAINDER
SGNIC
'ASMENI96 ÁCi
LÊNGft
æ.E4
æ.E5
i5i.l1
r4.92'
68.8r'
12.26'
1492'
OTLTA
90m m'
90m m'
259 55 Ìi'
.5W m'
65 12 20'
2805 39'
45mæ'
RÁOUS
19 0C
19.00'
36.0C'
r9.00'
60.00
25.00
i9.00
CURW ÎÄSLÊ75.3C'
cl4
22,219 9tt7
Iil,
5'
L=37 05
e4 5504'
L=29.03'
LENGÊ
67.29
NO18.15'
lca
170.24
I cro7.50 I
cll7.9s i
21,1t5 9t
L-c,t
/16
,'çó
F475J09'
L=30.09'
\.-
L=69.60
Ftr046l
l5
14,E58 SÊ1
11 12 15"
OTLÌA
1320 29"
t4084t'
r4084i'
27A 56 )7'
22 5 11'
2r18 05'
12 45 21'
No ì RÀorus
cì 289.m
c2 3o5.OC'
c: I lrsoo'
c+ | :0.æ
cs I rsm'
ce | :r.oc'
c7 | rlq.oo
c8 r0t.0o
ctRw la&E
LINI TAgLE
LENCTH
6?A
r3_7i
r5_66
38.5ô
22.æ
2t.a5
68.12
7.4E
$.æ
BTÀRINô
Nì626 0J'W
Nr626 oJ'H
NlE23 06"W
N3823 06'W
NJ8?J 06'w
N45r7 35'W
N20!9 Jl't
Nr6 26 oJ'W
N& i2 r5'E
NO
LI
t2
LJ
L4
L5
L6
!7
L8
L9
LINI TÂBiE
L'NCil
2.00'
16.00
ì 4.00
14.00'
16.00'
24.0t
r4.æ
J8.05
ì4 00'
8tÆ1NG
Nt737 t1't
N373711'e
N17 J7 t'E
N37 37'Í't
NJ7 J7 r r'Ê
N51 15 52'E
N5r'45 52'E
ss53 J9'w
NJ81408'!
NO
Lr0
Lt1
trJ
Lt4
Lr5
116
Lr7
UNI TÂ81:
LENCil
24.A0'
N69!0 10"8 I 1.46'
N5r'45:2'E JJ æ'
N51 45:2't 14.00
N42 15 l8'E 2_00
N88?9 18'W $m
N4235 ¡8'E 14.00
N42:5 C8'E 24.00
N51_45'52't 14.00'
8ÉÁR\G
Nl8140E W
NO
Lr9
120
121
L22
123
t21
125
r26
L21
UNI TAÊLE
LSGfr
il.J6
117.6'
r0 70
2A34
76.73
r0.93
241
BEÂRING
NJ7:7 rÌ
N40¡8 r2'T
N27-t m'l
N40!8 1?'q
N748 28':
N46 03'4€':
NJg 42 24_r
NO
LJ7
r38
LJ9
l-40
t4t
t42
L4J
UNE TA6IT
LENôft
22.24
14.90
80.46'
$.86
52 72
506
r1J.l2
8.t7
105_+4'
BÊARIN6
s460J 4Brfl
N0!!2 J6'E
N46 5045'[
N26!0ll'W
NJEt4 08'r
ñ51 +552'E
N27 39 5r'W
N42 5822'E
N40 08 r?'w
NO
L2E
129
130
LJl
Ll2
133
134
135
136
SUBDIVISION 9309
zu]D HAWK
\CONSISÎNC OF 5 SHEETS
BEINO A P.]RTÍON OF R"4.NCHO SA\ MÀ4ON AND
A poRTnN 0rì sEcTloN 32. T.rs., R. I w.. MDtlt
TO\VN OF DANVILLE, CO:iTITA COSTÄ COLIì'iT]. CåLIFORNIA
f.::ì/
-r/
N2s 28'44's(F) öo i-ilñ-*i,l *' /rr. ,nr,,
l/ d18_09 /\,.^- / l\,1^, \
-lii -l?lot ó= ot -ltbb t;!
!
Carlson, Barbee & Gibson' lnc.fRÀcT 2743
77 M3)CIVL ENGINÊERS' SUÊV:YORS t PUNNERS
SNFAMCN CÀLFCR\IÂ
SCAI Êr I = 50 JU\E20ìli
t
.,'u /
24 2a
15 t7
NJ7!2 05'W 678 20',GRAPHIC SCALE
BASIS OF BJ]AR{NGS
DETAIL C idE EASS OF BEAÊINCS:OR J¡S SIRWY ]S ÔTtrRMINED 8Y FOUND
UMIIENTS SNO\N N {ESRDGE AWNUE, frT BÊARINC 8ÉNG
N2r1000"w PER R^Cf N0. t280 (r07 M 4J)Nol l0 scÄLt
SUBDJVISION ôO9A
?79M3 1 REFER.ENCI]S
'c8'tr il8.58 (l)
(#)
(1)
\2)
(3)
(4)
]NOCAÎTS REFER:NCE NUHEiR
suBDVSroN 6098 (219 U 3)
cRÁNr DtÊD. 00c N0. 2011-32618
nacr 274J (77 M Jr)
su8orvsr$ J28o (r!7 M 43)Nt8t4 08'V
N38¡408'W J06.02 COURT
NOTE:
PUE F
Hd
À CNIS'LED MÂRK 3IAtr 8T OT INIO frE fÔP OF CIPB AI ÈI
PROLONCAION OF LOT UNES, NO A REEAR AND Cf, LS 796C. SÁLL
ÊT SET ÀT AtL NON-FR'NÌÄGE CCRNIRS ANO ÀNCLT rcINß
R=14.m
L=24 94
1lLF5Jla's'
L=3J.50
PARCEL B
4.03 ACi
s6Nrc EAS|UtNT
LEGEND
e4€ 55 04'ÞÆ5504'
SUSD VS¡ON EOUNOARI L]NT
R]GI S WAY LINT
Loi tNt
IASMINT !NE
MftUMENI LINE
ÀDJCINTR LINI
RÄNCNO AIC1 S€CICN LINI;
'i0r{
RAOIAi
!frUMENÌ IO UON!MENi
MMUM¿NT iO PROPIRÍY -NT
FOUND STANDARD SFEEÌ MONUÑENf
SEI STÁNDÁRD SRTTT MOilUUENT
FO!NO MONUil:ÑI ÀS NOJ[D
LANDSCPE MAINITNANCI IASIMTNI
PUSLLC VILIfr EÄSMENT
Mil MAINtrNANCE ÀCCEii] IÀSEMINT
L=29.0J
t=29 0J'
a9'll
&42¡1 23'
(r)
(R)
(M-M)
(M-PL)
€
@
o
LME
FUE
ilÄ[
1.24.94'
DETAIL A
DETAIL B Eiå::T"
NoT 10 SC{t
HoT It SCtt a
(v-v)
L-
zs:.rg $)5tq
1-
R=3¿ 00
ell!0¡0'L=89.S
r=,8.40' sEE SFIEET 5
SHEÉÎ 4 OF 5
March 29, 2016 Contra Costa County BOS Official Minutes 98
LINE TABLT
LINôfr
59.68'
24.00'
14.00
21.00
14.00
24.00
14.00'
14 00'
24.æ'
14.00
21.00
24.00'
14 00
19.95
BEARING
N2r'34'57'W
N42J508"8
N4215'08't
N21'v 57'w
N21 y 57'W
N2r-$'57'W
N2r_34 57'W
N6E 25 0J'E
N6825 0J'E
N6825'03'E
N682503'E
N5i 45 52'E
N51 15 52"t
N14 4825'E
NJ4¡E.26.E
NO
LI
L2
L3
L4
L5
t6
IJ
L€
L9
Lt0
Ltl
112
LIJ
Ll4
LINE TASLI
LENCN
47_43
87.00'
JJ.49'
5 39'
+8.9r'
29.49
2J.46
3.J0
91.45
118 m
58.07
i.11'
17.77
J2.92
BEARING
N5r'45'52't
N$ì4 08'W
N23a8'2r'W
N64 4913'E
N2J42 t8'W
NJo48 02'W
N22 3? 30'W
N6E',2503't
N22J7 30'W
N64f,o J7'E
N5059 50'E
N21 54 57"W
Ni3 0r'24"8
NoJ 4215'r
N0525 35'E
NO
116
Lt7
H8
119
121
122
L2J
L24
125
126
t27
128
129
!T
25
PÀRCE]. À
NJE14 08'w 161 .5E'
N3Et4 08'W 306.02'
TRÀcl 2743
77 M31
N37!205"W 678.20
26 SUBDIVISION 9309
RED HAWKSUBDIVISION 32AO
3
coNsrsTt¡ic 0F 5 SHEETS
BEINC A PORTIONOF M}ìCHO SAI RAMON ÁND,
A PORTION O¡ SECTIOIi ]2, T, IS,, R,IW,, MDN,I
TOWN OFDANA]LLE, CONTM COSTÄ COITNfi, CAIIFORNIA
Carlson, Barbee & Gibson, lnc.
CN¡L EÉINEFE . SURVEY qS . PúNNERS
SANfuMON ùUFONÄ
SCALET l"= 5C' ¡,NÊ20ì5
0' 25', 50 100'
L
J
(r)
(r)
(2)
(r)
(4) SUBDVSIfl 32E0 (r07 M 43)
REFERENCES
NOTE
240'
SHÊET 5 OF 5
/
ADÀMS
zji1-C3?b1A
GRqPHIC SCALE
BASIS OF BEARINGS
T€ ÊASIS OF BTÁRINCS FOR IHIS SURIIY S DETERUNED BY FOUND
vo\uMtNfs $oN G rtsiçrDcE ÀW\;E aE BEAR|\C Br{C
N21',oCm'V PER TRaCt N0 3280 (107 ! 43).
cuR!€ 1À8tt
LENGfr
92 12'
21.41
r20 0E
21.41
29.85
122.A7
79.52
2.08
55.24
2r.55'
14 6l
54.75
15_59
6.78
582
DELfA
15 39 r1
l6 J9'il"
26 4007'
r4120 14
254007'
90m'00'
64ì0 05'
6410 m'
rt5 37'
29'A2t2-
J06 J1'
ì8ìl'10'
J4 02 16'
19 2511'
8?6 17'
714 5J'
RADIUS
28r.æ
lr9 æ
46 00'
48 00'
46 0C
19.00
rm.m'
7r.00
109.m
109-æ
41.00'
46 00'
ìæ æ'
46 00
46m
46.00'
NO
cr
c2
c3
c4
c5
c6
ll
ü
cs
cr0
ar1
c12
cr3
cr4
cr5
ct5
1915-000
clRw lÆLf
LÉNGÈ
?0.01
EE.65
72.69'
21.70'
29.41
DELfA
tJ549'
641005'
r6f,g 11'
r30J21'
12'59 09'
50t6 31
RADUS
Jl9.æ
85.00
J05 m'
5r9.m
r09.m
56.00'
NO
cl8
c1s
c20
c21
c22
7
(M-c)
(M-!)
1?
INDCÂIES RTFERTNCÊ NUUSTR
sugDrvsror 6098 (279 M J)
GRANI D€ED, Dæ NO 2O1I-J2618
TRACT 2743 (77 M l1)
95.
I
r0.6æ sil
1-
A C8]SLED VARK siÁLI BE EI INTO frT IOP OF CURS AT frT
PROIONCÀ¡ON OF LOI LINTS. AND A REBAR ANO CAP, LS 7960 SIÁLL
BT 5TT AI ALL NOÑ-FRONTAGÊ CORNERS AND ANGLT ?OITS
LT!!NÐ-
WINGFIELD PARCEL B
SUBD]VSON BONDARY LNE
RIGHI OF WAY UNE
LCf INt
IÄS€MTN; INE
MONU!TNT LINE
ADJONER UNI
RANCHO AND $C¡ON LINE
TOiAL
MONUMÊNI IO MONUMTNI
MONUMENT 10 ?RæERIY LNI
FOUÑD SIANDÀRD SNIÚ MñUMTÑT
STT SfANDÄRD SNt[1 MñUVEN]
FOUND UONUMÊN] AS NOI¡O
LANDSCAPE !ANITNANCI TASÊÚÊNì
pueuc uìut t¡ggerr
NAL MAìNTNÄNCT ACCISS IASIUINT
FÊlt¡¡
COURT 4.0J ACi
scENrc
EASIMENT
DESIGNATED
TINSURVEYED
REMAINDER
96 ACì
scENtc
EASTMENÏ
(T)
(R)
(M-v)
(s-Pr)
I
o
o
LVI
P!€
TMAT
PARCEL B
51.70
4.0J ÁCi
'w 10.42
sciN c
Ias[MtN]
2r,17r SFi
3 /e
----a__
r{ll
tE r55 Stt
5
I5, TMAE
1.970 sFi
14,153 Sfl
2
13,S6 Sr I
l0
PtR ÌRÄCT 2743
77V31
I
17,109 SFr
Ll7
4.21
3l
COURT
ll
16,366 sFr
March 29, 2016 Contra Costa County BOS Official Minutes 99
TIE,XHBITltvLDEXHIBIT BPODVA PROPERTY ANNEXATIONSite GeologyMarch 29, 2016Contra Costa County BOS Official Minutes100
i)ù¡'iSt'ios¡ l-li.:tili.rs ì ì, ì¡tr::i:]i.i$v:; frii:¡*t i¡r, )i¡; ¡t¡il¡¡¡iii tìil iìÙÛ.ûÛ1.jiLrrs 1lì, lìüììilìtvisi:d .Ìi,iniii':lY i, :iììtìSITE GEOLOGYSite and Geologic SettingThe Podva property consists of two Assessor's Parcels (208-160-007 and 208-160-008) totalingapproximately 109 acres located in tlie Town and Country Planning Area of Danville, California1Èigure l). The properly baeks to the LasTrampas Regional Wilderness to the west, theElworthy Property to the south, residential development to the north and east, and is located atthe wesi terminus of Midland Way. The property is currently agricultural with two existingstLuctures, a wooden barn and a metal building.The Podva property is generally characterized by open, rolling, grass-covered hills, to theridgeline above, witl-r tree-covered drainage channels and scattered trees in open areas. Currentelevations range from a higir of about i,i00 ieet a'bove mean sea ievel (msl) at a Las TrampasRidgeline in the southwest corner of the property to a low of about 452 feet above msl at the eastextent of the property at the terminus of Midland Way. The easternmost portion of the project isa gently sloping terrace area.The Podva property is located on the west flank of Las Trampas Ridge, a prominentnorthwest-trendiñg ridge formed by uplifted resistant Miocene sandstones that include theBriones, Cierbo and Nerloy Formations (Ham, 1952, Crane, 1995). The ridge crest is the westflank of the overturned Las Trampas Anticline. The core of the anticline is formed byinterbedded sandstone and shale of the Middle Miocene Monterey group and contains theLas Trampas Fault, a Late Quaternary east-vergent thrust fault, mapped just below the ridgecrest. The Podva Property is located over the eastern flank of the fold. The bedrock layersunderlying the site are ovefturned, inclined steeply noúhwest, and include the Monterey Groupand the Briones and Cierbo Sandstones. Steeply west-dipping sandstone layers are exposedunder the relatively flat eastern terrace area and in the incised drainages that flank the propeftyon the nofth and south.The Las Trampas Anticline and the Las Trampas Fault are features that are related to the regionalstructure of the East Bay Hills block, an uplifted range bordered on the east by the CalaverasFault, an active strike-slip fault generally located at the eastern side of Las Trampas Ridge, andthe active Hayward Faulf, located approximately 8.8 nriles to the southwest. In the site vicinity,northeast-directed shorlening between these two faults has resulted in the formation of severalfolds and thrust fäults, including the Las 'l'rampas and Bollinger Faults.Landslide DepositsMuch of the Podva property west of the residential development on the lower terrace areaconsists of a large, déep--seaied landslide complex. Crudely stratified soils interpreted as debrisfan deposits were encoùntered at the east limit of the mapped landslide deposit. No evidence ofdeep-seated landslide displacernent or shearing was observed in previous fault trenchesexcavated i¡ these deposiis or along the contact with underlying bedrock. The geotechnical¡¡:rif{,,, EO' - i-: : :¡.t;,; f ! /j-<t-'¡:lLr'¡.¡¡I)i:¡B-1March 29, 2016Contra Costa County BOS Official Minutes101
iìùtiiioiùrìi,ì [ir:iiis:..; ì :, ìtii:ìí)d..¡{,r fri,}i¡rìt i.¡, i-ìi;¡tt'ii il;tl iiii rÌùù.iìil'Í,ji-ìl-iij I rì r'ii l'lii{}\riSiiiì ,.JiìiliìiìJY i. .::lJ ì')exploration at the site concluded that the veneer of debris fan deposits that mantle the easternedge of the deep-seated landslide complex have not been displaced by deep-seated sloper ^^^tt,. ^-.,11^.. -^^^^i l^-l^l:l^- L.'.,^ lr^-*^¡ ^^ .l^^-o ',^Äo"loi- hrr fhecollluvgltlçlll.ò. LUU¿1lty, 5illdllçt, lçvçllr lcl¡ru)rruwJ rlqvv ¡wr rrrwu urr J¡vPçr sr¡u!t rqrrr sJdeposits as ciepicteci on the Site Pian anci Geoiogic Map. The becirock exposecÌ at the easi sicie oíthe project appears to be strong competent, and unaffected by landslide ûìovements.Recently active slump/earthflow landslides are present in the debris f'an deposits on the slopesadjacent to the eastern terrace area. [t was concluded tliat these landslides do not appear to havernobilized anci florveci grea.t distanees clue to the lìrre-grained atrd cotlesive nature of the soils.The previous geotechnical exploration at the site concluded that the risk of direct landslidemovement impacts to the proposed developÍrìent area is low.Scismic SoureesThe residential development area is not located within a designated Calif'ornia Earthquake FaultZone for active faults; however, the zone for the Calaveras fault is located on the Podva Properlyapproximately 1,000 feet southwest ol' the development. A previous fault investigationperformed atthe Site concluded that no active faulttraces cross the developmentarea (ENGEO,2011).South of the site, the Calaveras fault is considered to be "active" by the State and is believed toaccommodate approximately mmlyear of long-term slip that is well-expressed geomorphicallyby east-facing fault scarps, saddles and deflected drainages (Hart, 1981). The Calaveras faultbifurcates south of the site near Bollinger Canyon Road, and the well-defined fault tracesdisappear into a series of large landslide complexes on the east flank of Las Trampas Ridge. Thelocations of active traces of the Calaveras fault have been evaluated by the State of California(Hart, 1981). The State zone for tlie Calaveras fault ends at the boundary of the DiabloQuadrangle because, beyond that point, the fault is not "sufficiently active and well-def,ined" tobe included on the State maps. A recent study of the northern portion of the Calaveras fault byUnruh and Kelson (2002) concluded that the slip frorn the active portion of the fault transfersthrough the East Bay Hills noith anci west of Danvilie via the complex interaction of severaifblC,thrust fault and strike slip fault structures.GroundwaterGroundwater was not encountered in borings, trenches or test pits at the site during the ENGEOgeotechnical investigation. Subdrains have been proposed within keyways on the correctivegrading plans to control the potential impacts from groundwater.¡Ìri,¡ÇFOMarch 29, 2016Contra Costa County BOS Official Minutes102
EXHIBIT CPODVA PROPERTY ANNEXATIONFunding and AcceptanceEXHIBITC,.t -'...March 29, 2016Contra Costa County BOS Official Minutes103
i:'*nili:losä i'ìctir::; i i, illiii:i:ivr flii:¡i*iì"v. lìlii,riìisii'liiii iiÛii.iiil.1.lur¡o iiì iìiìii;i:ì*i,ì:irld ,iiittii;ìir,' i .ìii i -ìFUNDING AND ACCBPTANCE OF RESPONSII}ILITY BY THtr GHAI}^ , -r ^^^^^^-^-^-+ i^ ^t-^^I., L^:-,, l^,,:^,1 {-^- -.^^^-f i^,' i^ rh- fìLl ^ n ,r,.'lo" 1l.o ^.n.ricinnc nl'l\ii aiiiiuai assessillçna l5 ailçauJ UUliiË iUviuu iui PiuPçrLivù rrr trre urr^v u,¡uvr (,rw P,vthe existing Plan of Control and Engineer's Repofi. Ultimately, an annuai assessrnent shaii belevied on all annexed residential and nonresidential parcels with habitable buitding areas within¡ L^ D^1.,^ f)-^^^'n., ¡^.,-l^^'-^'"+tllu I uuvd r luPUltJ ulvwrwPrrrwr¡t.1 . Activation of AssessmentThe assessment shall be levied by the GHAD on each individual parcel beginning tlie hrst fiscalyear following issuance of a building permit for that parcel'2. Resnonsibilitv lor GI'lAD ActivitiesThe parly that, on the datc thc Final Map is recorded within the GHAD annexation boundariesowns the developable parcels shown on that Final Map, shall have the responsibility to performall activities that are anticipated to be transferred to the GI{AD. Sucl.r responsibility shall beeligible to transfer to the GI-IAD at 9:00 a.m. on the day exactly three years after the firstresidential building permit within the annexation area is issued by the Town of Danville providedthat the items listed under item No. 4 in this section have been completed. This turn-over datemay be extended at the sole discretion of the project developer provided that the assessmentsshall continue to be levied during the extension period and that notice ol' such extension isdelivered to the GHAD Manager at least 30 days prior to the turn-over date. The petitioners forformation of the GI-IAD intend that the approxirnately three-year period between the initiallevying of the GHAD assessment and the GHAD becoming responsible to perform activities onpropefty within each Final Map will allow the GHAD to accumulate reserve funds withoutincurrin g sign ifi cant expenses.of the OenSOwnership of the open space (Parcels "4" and "8") will pass from the owner/developers to theGHAD on, or approximately on, the date the GHAD comtrences its activities anC becomesresponsible for oversight of the actual physical maintenance of tlie open space as provided in thissection.4. Process for Transl'errins Rebilitv for GHAD Ac.tivitiesAfter the Transfer Eligibility Date for parcel(s), the process for transferring responsibility forperforming GHAD activities on such parcel(s) shall be as follows:(a) Up to one year in advance of the Transfer t-ligibility Date or in any subsequent year, at itsdiscretion, the developer may appl¡' to the GHAD ("Transfer Aoplication") to transfer theresponsibility for performing GHAD Activities for parcel(s) to the CI-IAD.Jä ËO!:::; ; :.,,t'! i::..tt;r: íit:'iii-l:lì -c-1March 29, 2016Contra Costa County BOS Official Minutes104
ili.'rìrìtiùsr,ì l-ìi:n*i: I :, ìr¡tv'i :C vi: Fti:pr:t'i:¡, ilrll lviilo$liiii i)iìû Ûiil,lL:n* ìiì, iìü'lìiiìei¡1::ilti .ilirt i:i:iy ;', :ìil ì rj(b) Within 45 days of receiving such notice, a representative of the GI-IAD shall verify that allthe facilities for which the GHAD will have maintenance responsibility have beenconstructed and maintained according to the City-approved plans and specifications for theindividual improvements, and that such facilities are operational and in good working order.(c) Within l5 days of such inspection, tlie GHAD witl send the developer a list ("Punch list") ofall of the items that need to be constructed, repaired or otherwise rnodified.(d) The developer may notify'the GFJAD when it has completed the items identified on thePunch list.(e) Within 30 days of receipt of such notice, the GHAD shall verify wl.rether all Punch List iternshave been completed. If such items have been completed, the GHAD shall notify thedev'eloper tliat tiie CIìAD accepts responsibility for perforrning all firture GHAD Activitieson the parcel(s).(f) The GHAD shall confirm that the reserve requirement defined in the approved Engineer'sReport has been met.(g) Ownership of the open space shall be transferred from the owtrer/developers to the District.(h) The owner or owners of property within the Podva property shall record a Declaration ofRestrictive Covenants, Right of Entry, and Disclosures Regarding Geologic HazardAbatement District ("Declaration") previously approved by the GHAD.As part of the transfer, the developer of parcel(s) to be transferred will provide the GHAD, for itsuse, copies of the applicable geotechnical exploration reports, grading plans, corrective gradingplans, improvemenfplunr, field-verif,ied geologic maps, as-built subdrain plans or other pertinentdocuments as requested by the GI-IAD.jiìii€Eül)t¡;r,r-. i i:;<t;i,.,l,rii;.'l;,1c-2March 29, 2016Contra Costa County BOS Official Minutes105
March 29, 2016Contra Costa County BOS Official Minutes106
THE BOARD OF DIRECTORS OF \ryIEDEMANN RANCH GEOLOGICHAZARD ABATEMENT DISTRICTAdopted this Resolution on March 29,2016 by the following voteAYES:NOES:ABSENT:ABSTAIN:RESOLUTION NO. 2016102 (WIEDEMANN RANCH GHAD)SUBJECT: ADOPT Resolution 2016102 approving the annexation of the Podva property intothe Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and approving the PodvaProperty Development Annexation Plan of Control.\üHERBAS, on September 1, 1998, the Contra Costa County Board of Supervisorsadopted Resolution 981438 approving the formation of the Wiedemann Ranch (GHAD) andappointed itself to serve as the GHAD Board of Directors.WHEREAS, the GHAD Board is now presented with and has reviewed the Petition forAnnexation of Territory to the V/iedemann Ranch GHAD ("GHAD Petition"), which is attachedhereto as Attachment 1. The property proposed to be annexed into the GHAD is described in thelegal description and identihed in the boundary map set forth in Exhibit A to Attachment 1.WHEREAS, the GHAD Board was presented with and reviewed the draft PodvaProperty Development Annexation Plan of Control (dated January 7 ,2076) which describespotential geologic hazards within the territory to be annexed and addressed the prevention,mitigation, abatement and control of such hazatds.\ryHEREAS, on January 19,2016 the GHAD Board adopted Resolution 201610lscheduling a public hearing for March 22,2016 to consider the proposed annexation and plan ofcontrol. The GHAD Board did not convene on March 22 so the public hearing was noticed forMarch 29. This hearing was noticed in accordance with Public Resourccs Codc section2655l,265 61, 265 62, and 265 63.\ryHEREAS, on March29,20l6, the GHAD Board held a public hearing on theproposed annexation and plan of control. At the time set for the hearing, the GHAD Board wasnot presented with any objections to the annexation. At the hearing, owner(s) of more than 50percent of the assessed valuation of the property to be included in the'Wiedemann Ranch GHADdid not object to the annexation.10 l'7 57 9.0001\42407 95.1March 29, 2016Contra Costa County BOS Official Minutes107
The Board of Directors of the GHAD HEREBY RESOLVES THAT:1. This Resolution No. 2016102 is made pursuant to the provisions of Division 17 ofthe Public Resources Code with particular references to Chapter 1 (commencing with Section26500), Article 3 (commencing with Section 26550) and Article 4 (commencing with Section26s6r).2. The GHAD Board has been presented with and reviewed the draft Podva PropertyDevelopment Annexation Plan of Control and has determined that the health, safety and welfareof the public requires annexation of the Podva property into the Wiedemann Ranch GHAD.3. At the hearing, owner(s) of more than 50 percent of the assessed valuation of theproperty to be included in the Wiedemann Ranch GHAD did not object to the annexation or tothe proposed Podva Property Development Annexation Plan of Control.4. The GHAD Board hereby approves the annexation of the Podva Propertydevelopment into the Wiedemann Ranch GHAD as described in the GHAD Petition, subject tothe adoption of a resolution approving the annexation by the Board of Supervisors of ContraCosta County as required under Public Resources code section2658l and conditioned uponsubsequent approval of the proposed assessment following an assessment ballot proceedingpursuant to Proposition 218.5. The GHAD Board hereby approves and adopts the Podva Properly DevelopmentAnnexation Plan of Control.6. These proceedings are exempt fiom the provisions of the CalifornraEnvironmental Quality Act (Pub. Res. Code $$ 2100 et seq.) in accordance with PublicResources Code section 21 08O(b)(a).7. The recitals are incorporated herein by this reference.This Resolution shall become effective immediately upon its passage and adoptionAttachment I - Petition for Annexation2017s79 000l\4240795.1March 29, 2016Contra Costa County BOS Official Minutes108
PETITION FOR,A,NNEXATION OF TERRITORY TO THE\ilIEDEI\{ANN RANCH GEOLOGIC HAZARDABATEMENT DISTRICT PURSUANT TODMSION 17 (commencÍng with Sectlon 26500)OF THE PUBLIC RESOURCES CODEOF THE STATE OF CALIFORNIATO: The Clerk of the Wiedemann Ranch Geologic HazardAbatemcnt District ("GHAD")The undersigned owner of land within the boundaries of the territory proposed tobe annexed to the GIIAD hereby request that the Board of Directors of the GFIAD ("GHADBoard") initiate proceedings to annex the territory described in Exhibit A ("Boundary Map")an¿ BxÍriUit n (¿Legal Description"), attached hereto, to the GHAD pursuant to Article 3(commencing with Public Resources Code $ 26550) and Article 4 (comme,ncing with PublicÀ".o.rr"", Code g 26561) of Chapter 2 of Division 17 of the Public Resources Code($ 2ó500 et seq.). Said owner is the owner of ali ihe territory proposed io be annexed"(a) This petition is made pursuant to Division 17 of the Public ResourcesCode with particular reference to Article 3 (commencing with Section 26550) and Article 4(commencing with Section 2656I).(b) Opposite the signature of each petitioner is an indication of the lot, tractand map number or other iegal description sufficient to identiff the signature of the petitioner asthat of an owner of land within the territory proposed to be annexed to the GHAD.(") Opposite the siguature of each petitioner is an indication of the date onwhich said petitioner's signature was affixed to this petition.(d) The following documents are affached to this petition and are incorporatedherein by this reference as if set forth in zul in the petition:1. A map of the bounda¡ies of the territory proposed to be annexed tothe GHAD (Exhibit A);2. A legal description of the boundaries of the territory proposed tobe annexed to the GHAD (åxhibi!.E); and3. A¡nexation Documents for the Podva Property Developmentincluding a Plan of Control prepared by an Engineering Geologist certified pursuant toSection 7822 of the Califomia Business and Professions Code, which describes in detail geologichazards, their location and the areas affected thereby, and a plan for their prevention, mitigation,abatement ¿md control thereof (!xþ!þ[lC).Exhibits A - Bounclary Map and I-egal DescriptionB - Annexation Documents inoluding the Podva Propøty Plan of ControlATTACHMENT 19160.000.001August 7,20151March 29, 2016Contra Costa County BOS Official Minutes109
Ponderosa Ftromes trI, Inc.,Cali fornia Cor_oorationByNSchroederTiiie:Date:Assesso¡'s Parcel Number: 2t3fuE9160.000,001August 7,201,52March 29, 2016Contra Costa County BOS Official Minutes110
-rãr:i:i:5i':liar'iì:ill r:,WIEormRruru RRruCH GTOIOCIC HRZRROAaRlrMrrut DlsrRlcr (GHAD)PlRru or CorurnolPoovn PRo pERtv D Evrlopn¡rrur Aruru ExnrlorrlSubmitted toPonderosa Homes ll, lnc,Pleasanton, CaliforniaPrepared byENGEO lncorporatedJune 18, 2015Revised January 7,2016Project No.9160.000.001March 29, 2016Contra Costa County BOS Official Minutes111
G I1O]^llCllN iC,{LLìN V I }ì ON I\4 I1N'I'A f ,WAI'ElL RËSOL.:Rf.llsCONS I'li l.l( l'l'lOÌ'J ¡1Ll{. \/l( l .t'Project No.9160.000.001June 18.2015Revised January 7 ,2016Mr. Jeffrey C. SchroederPonderosa Homes [I, Inc.6671 Owens DrivePleasanton, CA 94588Subject:Podva PropertyDanville, CalifomiaPLAN OF CONTROLDear Mr. SchroederAttacheci is ihe proposeci PIan oi Controi to support annexation oi the Podva Properly irrto tlieWiedemann Ranch Geologic Hazard Abatement District (GHAD). The proposed Plan of Controlis intended to reflect the annexation of the Podva Property into the Wiedemann Ranch GHAD.This annexation satisfies portions of Condition of Approval No. 5, related to GHAD formation.If you have any questions or would like any additional information, please do not hesitate tocontact us.Sincerely,ENGEO Incotporated¿.-Adarns, PhD, PERamsdellEric Harre I, CEGjaalehljbrljf?-0 l0 C.r'rrrr Orn;,on l)lace- Srrilc 250 " Sarr lL¡rnùn, Ci^ 9.1533 . (9)-i) 86fi-9000' fiax (8881 l'19-2698\.\r\vu.;.û r'r itO0.conlMarch 29, 2016Contra Costa County BOS Official Minutes112
ìi..iì(:iìr ù\ìi,ì iìììiììiì:l i i ìììiìì,ìr :C..rii lììrilpi: ti y, [ìil i i,.,ì ì ìi;ii liìii i)ûl.ii0]June 1l) ?$1iilìr¡i¡i::tld .lc;t i:at¡r T, ;ì0'J r¡TABLE OF CONTEI..{TSLetter of TransmittalI.O INTRODUCTION1.1 PROPBRTY IDBNTIFICATION, OWNERSHIP AND MAINTENANCERBSPONSIBILITIBS........l2.0 PODVA PROI'ERTY PLAN OF CONTROL ............"""I2.t GEOLOGICHAZARDS.....................2.1.1 Slope Instability - Podva Property2.1.2 Seismically Induced Ground Shaking2.1.3 Expansive Soi1s..........., 1 CI IìPF'ST^-RfI I!!'V l-l-lNSIT}F'P^TIONS TIIIRING MA-SS GR-A-DINGL.L ÙLVi ÙSÈttÚ4ilá à Lvr2.3 GHAD-MAINTAINBD IMPROVEMBNTS AND OPEN SPACB ARI'AS.........32.3.1 General Landslide Mitigation ...'...'....".""52.4 BIOTBCHNICAL RBCOMMENDATIONS FOR PREVBNTION ANDMITIGATION OF BXISTING OR POTENTIAL EROSION H424RDS..........52.5 CRITERIA FOR GHAD RESPONSIBILITY .....................6Isolated or Remote Slope lnstability..Single PropeftyGeologic Hazards Resulting from Negligence of Properly OwnerProperty Not Accepted .............Geologic Hazard Which Requires Expenditure in Amount Exceeding theValue of the Threatened or Damaged Improvement.............2.52.52.52.52.5I2J45.1.l.2,2,266667,7.7.7.8.82.5.6 GHAD Funding or Reimbursement for Damaged or Destroyed Structuresor Site Improvements.............2.5.7 No Reimbursement of Expenses lncurred by Property Owners2.5.8 GHAD Manager Discretion and Appeals to GHAD Board of Directors..'.PRIORITY FOR GHAD-FUNDED REPAIRS ...............MAINTENANCE AND MONITORING SCHEDULBGLOSSARY.......... ............9O\ryNERSHIPAI\D MANAGEMENT. .......10RIGHT-OF-BNTRY ......11LIST OF REFBRENCESFIGURE, I - Corrective Grading PlanEXHIBIT A - Podva Property, Legal Description for Subdivision 9309 with PlatEXHIBIT B - Podva Property, Site GeologyEXHIBIT C - Podva Property, Funding and Acceptance2.6,, 13.04.05.0jt¡î¡l'nii'GEO, ;,,';¡ ¡.; ;:;¡ 1¡r -":ri -March 29, 2016Contra Costa County BOS Official Minutes113
ìiliìiìi:lû:ì:,ì iìill :t¡s i i, iitt.:Ìi:.ìvi,, lii:p,-:t:1 ;v, iirli i,:ìiisfi:äii ill.iÙ.ilÈl,JLiiit-\ rìi. ¿-r; I i.;l'irìitiSilt !;íriììiilii:.1 i' ./i.r i;)1.0 TNTRODUCTIONUncier the Conciition oiApprovai Ì.io. 5 (Subdivision 93A9), the Town oiDanviile has i.equiredestablishment of'a GHAD or annexatiotr iuto atr existing GIIAD for the Podva Properly. Tosatisl'y this requirement, the developer of tlie Podva Property has petitioned the Board ofDir-ectors of the Wiedemann Ranch GHAD 'to annex ihe Podva Propeily into thc exisiingWiedemann Ranch GHAD ("GHAD").ll.t.lnnA¡ÌnßT\/ ¡¡ìFR¡rf'rf;lr\Â'rr¡.ìì\ì lì\Ã/¡\llìDqlrf¡> Aì\IFì h¡!i{IN]'I'ENÁNl-rrri{(Ji-¡)¡i¡ I ¡¡iIrl\ i i¡1 ¡(_¡ai ¡q.ill, \Jill\ir¡\*)¡.lr¡ ^11¡/ rt¡^rrr ¡ úrì^¡\vt/RESPONSIBILITIESA written description of tlie properties to be annexed into the existing GHAD is provided inExhibit A and shown graphically on the plat to accompany the legal description. The GHADannexation area includes 20 proposed residential parcels and oue open space parcel (Parcel "4",17,778 sf) that will serve as a bio-retention area and open space Parcel "8" at approximately4 acres within Subdivision 9309 as shown on Figure l.2.0 PODVA PROPERTY PL,AN OF CONTROL2,L GBOLOGIC HAZARÐSGeologic hazards identif,red for the Site in the ENGEO geotechnical report dated August 5,2011,inolude the following items.. Slope instabilityo Seismically induced ground shaking¡ F.xnansive soils""r ""''These geologic hazards are not expected to be elirninated entirely by site grad!rrg. Slopeinstability or potential slope instability is not unique to this project, but is of importance forhillsiele projeets throughout the San Francisco Bay Area, such as Elworthy Ranch, Henry Ranch,and Norris Canyon Estates already within the Wiedemann Ranch GHAD. Future stabilitydepends on various factors, including any introduction of natural or artificial groundwater, futuregrading and earthquake ground shaking.2.1.7 Siope Instabiiity - Pocìva Prope rtyAreas of slope instabitity or landsliding located to the west of the residential developrnent mayaffect the Podva Property during the life of the development. During mapping for the PodvaProperty geotechnical exploration, landslide debris fan deposits were mapped on Lot 5 andParcel "8".'Ihe corrective grading plan showing the location of tlie deblis fan deposits includedas Figure 1. Debris bencires and intervening roadlvays are pianneci to mitigate the potentiai forlandslide and earlhflow/debris flow hazards originating on slopes west of the project fromimpacting the development.-1i.: HOi. :, ¡ìr :i:i ì,i.íi,.1::.jri:,i i{-:r:March 29, 2016Contra Costa County BOS Official Minutes114
i:'iiiìtit'.iì,.s:,ì i ìi:t:ic::; Ii. ìtli:i'iittl vü lìii:¡:L: t"f li. l-)¡¡ ;t"ri i !q¡iì'ìiìii iìùÙ iiû1.jun* 1l].2ùìiifìcviscd J*rii:ili;, ;i, :ìii ì iìA landslide is defined as a mass of rock, soil arrd other debris that has been displaced downslopeby sliding, flowing or falling. Landslides include cohesive block glides and disrupted slurnps thathave formed by displacement along a planar slip surface or rotation (displacement along a curvedslip surface). Undercutting and erosion of hillside slopes can trigger slope failures'Slope failures are also triggered by increased pore water pressure due to the infrltration ofrainwater. The resulting decrease of shear resistance (internal resistance to deformation byshearing) can cause the slope to nìove. The level of the groundwater table varies with the amountof rainfall for tl-re area. If rainfall is higher than average during the winter season, the water tablemay be higher than avera,ge on a hillslope and groundwater pressures may become high' Underthese conditions, hillside movement can be activated.Potential mitigation and repair measures for GFIAD areas near improvements are discussed in!.,¿ ^- ^^^+i^,.^ ^f +l.i-,J^^,'.-^r"ltalcl seutl(rllù ul Lllrù uuwulllv¡1..2.1.2 Seismically Induced Ground Shakingprevious fault investigation at the site (ENGEO,201l) indicates that an active fault trace doesnot traverse the proposed residential clevelopment. However, geologic and fault zone mapsindicate that queried þotential fault traces may exist to the west of the residential development inthe open space area outside of the GI-IAD boundary.As identified in the referenced reports, an eafthquake of rnoderate to high magnitude generatedwithin the San Francisco Bay Region could cause considerable ground shaking at the Podvapropefty, similar to that which has occurred in the past. Seismic slope stability has beenàor-rsidered in the geotechnical reports completed for the properly; however, seismicallygenerated slope failures could occur outside the grading limits within the Podva Property.2.1.3 Expansive SoilsSurface and near-surface soils in the western portion of the Podva Property could exhibit amoderate to high potential for expansion. These potentially expansive soils could impact theplanned site develópment. Expansive soils shrink and swell as a result of moisture change. Thistun "uur" heaving ánd crackiÁg of slabs-on-gt'ade, pavements and structures founded on shallowfoundations. Thtpotential foi expansive soils has been identified in previous reports for theproperty. Shrink and swell ol expansive soils on slopes contributes to creep movement, whichcan result in shallow slope instability.2.2 SLOPE STABILITY CONSIDEIIATIONS DURING MASS GRADINGAs recommended in the 20 [4 Geotechnical Exploration (ENGEO, 2014), the development of theeastern terraced area has been designed to avoid landslides on the western portion of the site bylocating the proposed irnprovements on the stable and competent Miocene bedrock. In addition,recommenduìion, have been made to provide the developrnent with protection from soil¡,;fi¡lGEO;:rìi f )::i::Í r¡::ì-i:¡::Íi:ilíl¡March 29, 2016Contra Costa County BOS Official Minutes115
Ì,-'riìth.iù$rì ililui*:t i i, i tltÌocvi,i i:'r:p*r.i¡r, l)g¡v¡¡¡çi.r i.- r' j:i-li, . iiì{..,. :(.'.1;í:Itii ìr. :i' .-ii ì..'ìr..,.:--..i 1,.,,..-,,. i,1i:ìtill\ri¡.t:ir !,,iiji.i.ii ; i ..i.r :..isloughing and earthflows originating on ihe slopes to the west by including debris benches or bysituating trails or roadways between slopes and structural improvernents. Planned debris benchescr trails consist of a minlrnum l5-foot-r.^¡i.Je near-level bench located between the rear or sieleyard and the adjacent slopes. Subdrains are proposed to be instatled to collect subsurface watersas shown on the Corrective Grading Plan (Figure 1).2.3 GHAD-MAINTAINED IMPROVBMENTS AND OPBN SPACE AREASConditions of Approval (COA) Numbers 2.4.5,8. and 14 aclclress parcel ownership and GHADmaintenance responsibi lities.COA No. l4 (Site Plannine) - The responsibilily to rnainÍain the existing trash racklocated to the south of proposed Lot 4 shall be tron.sferced either lo the Geologic HazardAbatement Ðistrict (GHAD), the praiect's honteou,ner's associalion (HOA), or similarinstrument found to be acceptable by the Town upon recordation of the initial final ma¡trecorded for the property. The area tr¡ the south of Lot 4 shall be configured to thesatisfaction of the Engineering Divisíon lo assure accommodation to stage the necessarymaintenance equipment and to make provision fttr the turnaround and departure oJequipment used to remove debris þr the trash rack. The area shall be graded asrhetermined by the Town and shall have all-weather surfacing (as generally shown on theexhibit referenced under Condition oJ'Approval A.I J:, above).COA No. 2 (Landscaping) - All plant material that is to be located in areas that will bethe responsibility of the project homeowner's association (HOA), the Geologic HazardAbatement Disîrict (GHAD), or similar instrument found to be acceptable by the Townshall be served by an automatic underground irrigation system and shall be maintainedin a healthy growing condition.COA No. 4 (Miscellaneous) - The project homeowner's association (HOA), the GeologicHazarriAbatement District (GÍíAD), or similar insfrumentfouncí io be acceptable by theTown, shall be responsible for maintenance of all common landscape and commonfencing. If an HOA is formed, drcft project CC&Rs shall be submiÍted io ihe PlanningDivision and City Attorney for review and approval a minimum of 45 days príor to therecordation of the final map. An HOA shall be required to be Jbrmed for the projectunless the developer can show, to the satisfaction of the Town, that the duties lypicallyhandled b1t the HOA can he adequate.ly handl.a.d hy thc GI-{,4D or similar instrument. Indetermining the adequacy of the GHAD or similur inslrumertl, emplrusis shall be placedc¡n the need to provide for a local and accessÌble representative that residents of theneighborhood can readily contact in the event that maintenance issues arise.COA No. 5 (lvliscellaneous) - The Geologic Hazarrí AbatemenÍ Distrìct (GHAD) shall beestablished or annexed into. The GHAD shall finance tJrc ¡trevention, mitigation,obatement, or control of any current or Juture geologic hazard that threatensimprovements on the property. Said GHAD shall be established according to Public3March 29, 2016Contra Costa County BOS Official Minutes116
fìrùiìdr,'i{)lìiì iìi:uii:s i i ìnciLilll t¡$ f ììl*itiìt"i ii, i-ì3¡r'ri ll¡¡$'iiiiì iì{ìü.üf i,;ure ìli, ?ü 15fìt i iäi,itì .1ir;tiii:r 5r ì', ::ii1 iìResources Code $26500 et seq. The approxintately 99 acres of permanent open spacecreated as part of this pro.iect shall be maintained by the GHAD. The GHAD shall beresponsible .for the ntaintenance and upkeep of the deÍention basin and other stormwaterpollution control and hydromodificationfacility constructed as part of the project.COA No. 8iscellaneous)- Prior to the recordation of the final map, the proiectap¡tlicant shall prepare and submit a detailed Operation and Mainlenance AgreemenÍ tothe Development and Services DeparÍment.þr review and approval. The operaÍion anclMaintenance Agreement shall identìfu the maintenance and funding for proposed stormvtater managenxent features at the projecl site (i.e. bio-retention facility, storm walerdetention basin). All.features shall be maìntained andfunded by the local homeowner'sassociation (IIOA), GHAD or similar instrument found to be acceptable by the Town.The maintenance protocols shall address both the routine and non-routine maintenancenntíttitíoc n-rl chnll pvnl iritlv idpntíÅt ynnnilnrinç, onrl renorlins reotiremcnl,Í. The,scúrati¡. ..,",-,!., _,,Ò __._-_ - _r.,.--.-o ,prolocols shall include an esÍimale of annual moniloring and maintenance costs.The GHAD shall be responsible for tlie maintenance of geologic stabilization and hydrogeologicfeatures i¡ the common open space and the unimproved areas. Specihcally, the GHAD'smaintenance responsibilities include prevention and abatement of geologic hazards such aslandslides and slope erosion within the developed area and open space as provided in this Plan ofControl. The GI-IAD wilt have the responsibility to manage geologic hazards, as describedherein, within the Project area only after the transfer process has been completed (Exhibit C).The GFIAD will have the following maintenance responsibilities as outlined below:o Monitoring of retaining walls and maintenance if structural integrity of a wall or adjacentstructure(s) is threatened (Parcels A and B).. Maintenance of water detention basin facility and access road located on Parcel "8".Maintenance of bioretention facility located on Parcel "A" between Midland Way and Lot 1Maintenance of trash rack on"Parcel"8".Maintenance of debris benches, lined and unlined drainage ditches in developed areas andopen space.Vegetation control for fire suppression within open spac.e (Parcels "A" and "8").Maintenance of storm drain system improvements, subdrains, and subdrain outlets in openspace (Parcels "4" attd "8").Trail rraintenauce on Parcel "8".ffi EÜaaaaaaj i.)íj_il ji)i .1:::i,:_r,:irrj :llì,.1 :,-4-March 29, 2016Contra Costa County BOS Official Minutes117
ìi::ìiiclosiì i-{i-.¡i¡ss i i, i t¡i:.irrdl i¡ i:)lüpr)ti r¡,, iìilnr¡ìiirilil si).ilùù.iìlì1l.... ^ ! {! ¡-\r\¿ r:ljl ii ìt, I r). /'i i :)i:ie,vii:ct jtiti.i'ii'y' 7, .ìil': iì2.3.1 Gencral Landslide Þ[itigation'n^^ +^^h..in,,¡s rhe lìHAl-) rnnv ernnlnv !n n!'rì\-/ent nri!ioa!e, or abate landsliding or aclverseerosion damage that might include, but are not necessarily iimited to:. Removal of the uustable earth rnass'. Stabilization (eitlier paftial or total) of the landslide by removal and replacement withnnrmnqnfnrl .l.ninerl fi I Irvt¡¡yq!.vu. Construction of structures to retain or divert landslide material or sediment.. Construction of erosion-control devices such as gabions, rip rap, geotextiles or lined ditches.. Placement of drained engineered buttress fill.. Placement of subsurface drainage devices (e.g., underdrains, or horizontal drains)'. Slope correction (e.g., gradient change, biotechnical stabilization, and slope trimming orn nnfnr r ri n o\Construction of additional surface ditches and/or detention basins, silt fences, sediment traps,or backfill or erosion channels.apotential landslide and erosion hazards can often best be mitigated by controlling soil saturationand water runoff and by maintaining the surface and subsurface drainage system. Maintenanceshall be providecl lor lined surlace dlaitrage ditclies and drainage terraces.2.4 BIOTBCHNICAI, IIECOMMEI{ÐATIONS FOR PREVENTION ANÐMTTIGATION OF EXISTING OR POTBNTIAL EROSION HAZARDSFill slopes within the boundaries of the GHAD are expected to be erodible as will cut slopes inbedrocÈ; therefore, the maintenal"rce of vegetative cover is especially imporlant. Vegetationprovides a protoction on soil and exposed rock. It absorbs the impact of raindrops, reduces thevelocity of runoff and retards erosion.In many instances, adequate erosion protection for slopes can be accomplished with carefullyselecteã and placed biological elements (plants) without the use of structures (e.g., brush layeringand willow waddling).In other areas, biotechnical slope protection may involve tlie use of mechanical elements orstruciures in cornbination with 'oioiogical elei¡eiris io provide erosion control and help preventsrnall-scale slope failures. l,ocally, walls, welded-wire walls, gabion walls, rock walls, riprap andreinforced earth walls usecl in combirration with carefully selected and planted vegetation can::r..i1:¡: i: I i: ¡¡.1¡il';' : i: j'5March 29, 2016Contra Costa County BOS Official Minutes118
iì:i:ilrii,.li:l¡;l iìi:tiis-r i ì iitili:rllíi r¿,; fìr il¡ìitì ì ¡, litii iiììr;ùi sû ilùÙ.{lû'l,il.li* 1{ì, ltliiÈìilvi::cd -litrIi:siy 7, ::iiÌ $provide high-quality slope protection. The vegetation may be planted on the slope above a lowietai¡ing siructure or toe wall, or the interstices of the structure can be planted.2.5 CRITEIìIA FOII. GHAD RESI'ONSIBILITYTo establish an appropriate GHAD assessment level fur the Podva Property portion of theGHAD, it is important to define clearly the limits of the GI-IAD's responsibilities. The GHADwill accept respbnsibility for propefty as described in Exhibit A and identifìed in Section 2.3.However, the intent of this Plan of Control is not to extend the GHAD's responsibilities to everypotential situation of slope instability; as such, the foltowing are exclusions fi'om GHADresponsibility.2.5.1 Isolated or Remote Slope InstabilityThe GHAD shall not have responsibility to monitor, abate, mitigate or control slope instabilitythat does not involve darnage to, or pose a signil'rcant threat to damage, site improvements orflood control capacity. As used herein, the term "site improvetnents" means buildings, roads,sidewalks, utilities, ietaining walls, improved trails, swimming pools, geologic stabilizationfeatures and drainage features or similar improvements.2.5.2 Single PropertYThe GHAD will not prevent, mitigate, abate or control geologic hazards which are limited inarea to a single residential parcel of property unless the geotogichazard has damaged, or poses asignificant threat of darnage to site improvements located on other property within the GHADboundaries.2.5.3 Geologic Hazards Resulting from Negligence of Property ownerThe GHAD may, in the general manager's sole discretion, decline to prevent, mitigate, abate orcontrol geologió hazards which occur or result from any negligence of the homeowner and/or thehomeowner's contractors, agents or employees in developing, investigating, grading,constructing, maintaining or pérforming or not performing any post-developtnent work on thesubject property.2.5,4 Pro¡rerty Not AccePtedThe GFIAD shall not have responsibility to repair damage, which is located on a parcel of realproperty, wliich the GHAD has not accepted in accordance with Exhibit C. The GHAD,iro*"ui, may monitor, abate, mitigate or control slope instability on a parcel of real propefty,which the GI1AD has not accepted in accordance with Exhibit C, provided that the GHADresponsibility on such parcel snàtt be limited to the extent necessary to address damage or asignificant threat to daÅage site irnprovements on a GHAD-accepted parcel. Should the GHADbe required to responcl to a geolog'tc hazard outside the bonndaries of the GI-IAD, the GHADGEO! : :: ;l:, i:: ! :':t :,.' ! i'.',i.ìiir¿ -March 29, 2016Contra Costa County BOS Official Minutes119
i:ùiìtìt¡l't-itìit iìi:t¡iils I :, ìiti:iní]d.;;: f:>i,..pili i'f i-ìôì ì\iiiliì$i üÌ iìiìü.ii$i.iilì ii; i i1. ¿',,.j i ììti\:ì\¡i¡i_-:iì ,iiii liìi:ii )i í . .{!¡ I i.\may take such actions as may be appropriate to recover costs incurred as a result of preventing,mitigating, abating or controlling such geologic hazard from the responsible PaftY, if any.2.5.5 Geologic Hazard Which trtequires Bxpenclitune in Amount Excecding the Value ofthe Thrcatened or Damaged ImprovementTlre CHAD may elect not to prevent, mitigate, abate or control a geologic hazard where, in thegeneral rnanager's sole discretion, the anticipated expenditure required to be furided by tlieGHAD to prevent, mitigate, abate or control the geologic hazard wili exceed the value of thestructure(s) anci site improvement(s) threatened with ciamage or ioss.2.5.6 GI-IAD Funding or Reimbursement fbr Darnaged or Destroyed Structures or SiteImprovcmentsIn ihe event a residence or any otlier private structure, site improvement or landscape feature isdamaged or destroyed as a result of a geologic hazard, the GHAD rnay fund or reimburse thepropefly owner for the expenses necessary to repair or replace the damaged or destroyedstructure, site improverneut or landscaping. Unless otherwise authorized by tlie Board ofDirectors, the total dollar amount of the GHAD funding or reimbursement paid to all propertyowners whose property is damaged by a geologichazard may not exceed ten pet'cent (10 percent)of the total costs incurred by the GHAD in actually mitigating, abating or controlling thegeologic hazard that causes the damage'. In the event the geologic hazard damages or destroys astructure, site improvement or landscaping which violates any provisions of the City BuildingCode or City Code at the time of its installation or improvement, the GHAD may decline toprovide any funding, or reimbursement to the property owner for repair or replacement of thedamaged structure, improvement or landscaping.2.5.7 No Reimbursement of Expenses Incurred by Property OwnersThe GHAD will not be obligated to reimburse a property owner for expenses incurred for thepreveiition, mitigatioii, abatcmciit, or control of a geologic Íiazaid abscnt a written agreementbetween the properly owner and the GHAD to that effect, which agreement has been executedprior to the property o\¡/ner incurring said expenses, and follo,xing an investigation con<lucted bythe GHAD.2.5.8 GFtrAD Manager Discretion ancl Appeals to GHAD Board of DirectorsThe GHAD manager has sole discretion for GHAD's response under items irr Section 7,.5. Anydetermination made by the GHAD Manager in its sole discretion may be appealed to the GHADBoard of Directors through a written letter of appeal submitted within l0 days of the GIIADManager's written determination to the affected party.I For exanrple, if a landslide causes $10,000 in structural damage to each one of four neighboring homes for a totalof $40,000 in stluctural darnage and it cosfs the GHAD $100,000 to design and install a new retaining wall to abatethe slide, the GI-IAD may only reimburse each property owner $2,500 of their S10,000 in structural danrage.-7-.'l,,iiì.,,,,, 8OMarch 29, 2016Contra Costa County BOS Official Minutes120
iìùnilùiùs¡ linui-'s iì iiii:!:rolJ vil l-'r*pi.t r i \i, iJ¡¡ ¡r¡¡ i¡¡;{i'ìiìil tiüiì.ilÙl.ir:iit-' ì$, l{)1iifìrlvisi:u' .lel;tr"iaty t, iìû ìiì2.6 PIìIORITY FOR GI{AD-FUNDED IìEPAIRSEmergency response and scheduled rnonitoring, maintenance or repair expenditures are to bepriorilizeiby tne General Manager, utilizing its discretion, based upon available funds, a prudent,."r.ru" and ihe approved operating budget. Should available funds not be sufficient to undeftakeall of the identified remedial and preventive stabilization measures, the expenditures shall beprioritized as follows in descending order of priority.A. The prevention, mitigation, abatement or control of geologic hazards that have eitherdarnaged or pose a significant threat of darnage to residences, critical lifeline utilities oremergeÍìcy vehicle access corridors.B. The prevention, rnitigation, abatement or control of geologic hazards that either haveclarnaged or pose a signifreant threat ol'damage to ancillary structures or private recreationfacilities (e.g., pools, spas, etc.).C. Prevention, mitigation, abatement or control of geologic hazatds, which either have damagedor pose a significant threat of darnage to open space amenities'D. The prevention, mitigation, abatement or control of geologic hazards that either havedamaged or pose a significant threat of damage limited to loss of landscaping, other similarnon-essential amenities.E. The prevention, mitigation, abatement or control of geologic hazards existing entirely onopen-space property and which have neither damaged nor pose a significant threat of damageto any site imProvements.If sufficient funds are not available to underlake the Iisted activities, the GI-{AD may investigateobtaining funding as allowed in Section 26505(e) of the Public Resources Code through theissuance ofbonds, notes, or debentures such as a line ofcredit'2.7 MAINTBNANCE AND MONITORING SCHEDULEGeologic features and Gl-IAD-maintained facilities should be inspected on a regular basis. Budgetperrnitîi¡g, inspections should generally be scheduled to occur two times per year in normal yearsand three or more times per y.* in years of heavy rainfall. The inspections should be scheduled totake place in the fall, prìor io the first significant rainfall; rnid-winter as necessary during heavyrainfall years; and in spring at the end of the rainy season. It is anticipated that the monitoringevents for the podva lroperty and the Wiedemann Ranch development within the WiedemannRanch GHAD would be completed on the same schedule'¡ A GFIAD Engineer and/or Geologist should inspect the lined surface of concrete-lineddrai¡age ditches within the GHAD boundaries on a regular schedule' Repairs andmaintenance should be perfonned as needed. Excess silt or sedirnent in ditches should bei' EO! :: ;:'.t :. I " i i:: :,:t': ;: li ;,t : i'.: t:,-B-March 29, 2016Contra Costa County BOS Official Minutes121
ililriiìelos* i'li.:li¡i.rs i ì, iiiclcid vl iì x;poti¡r, iì¡¡ni¡i I i;¡¡,':'1al i\i\¡ì iriì1ì1 :'r:i"i ij\/j\i,r;" Ir...., Ì!) ;.rr'll.::.ltil.j iJ /\; ìiji:...,..,,.,.{ t, .,..,. ,, ï "):, i,'ìi 'r, !'1.: : ,l, i: i i.:, ' rr ¡J ¡: r.,r : t-;cremoved and cracked or broken ditches should be patched or repaired as required before thebeginning of the next rainy season.Inspection, repairs, and maintenance of debris catchment structures should be perfonned on aregular schedule. Excess clebris should be removed to allow the structures to maintainadequate catchmcnt area.Subsurface drain outlets and horizontal drain outlets, if any, should be inspected on a regularschedule. Water flowing fr:om these outlets shoLrld be ¡neasurecl and recorded during eachinspection. Any suspicious interruption in flow should signal a need to unplug or clean.Inlets, outfalls or trash racks, if used, must be kept free of debris, and spillways must bemaintained. Attention should be given to plantings or other obstructions, which may interferewith access by power equipment.Retaining walls should be inspected annually for evidence of distress, such as tilting andlorstructural failure. Repairs and maintenance would be undertaken only in the event that tl-restructural integrity of the wall has been compromised or if the wall distress poses a threat tothe integrity of adj acent structures.aaao The water detention basin facility and bioretention facility should be monitored on asemi-annual basis; once prior to and once following rainy season. Repairs and maintenance,as needed, should be undertaken, including removal of excess silt or sediment.. Monitoring of the detention basin access road should include observing the access road foreroded areas or areas of instability, pavement competency, and encroacliing vegetation.The GHAD should review its inspection schedule annually and assess the effectiveness of itspreventive maintenance program on a regular basis. GHAD staff should prepare an annual reportto the Board of Directors with recommendatior-rs for maintenance and/or repair projects.Consultants, as necessary, nìay be retained to undeftake the needed studies. Tlie GHADGeotechnical Engineer and/or Certified Engineering Geologist retained by the GHAD shaliprepare an annual inspection report for presentation to the GHAD Board of Directors.3.0 GLOSSARYEngineer's Report - The document that establishes the individual property owners' GHADassessment based on the projected expenses (budget) of the GHAD.Geolosical Hazard AbateDistrict IGHAD) Manaser - An entity employing a licensedGeotecl,nical Engineer who will oversee tlie operations of the GHAD including preparation ol'CHAD'oucigeis. The CHAD Manager is hired by ancl reports io ihe CHAD Boarcì of'Directors.J:ììi,ìi-:ili l:tiiil'ljl:,)iiri:'-9-March 29, 2016Contra Costa County BOS Official Minutes122
i::i:iì$iliosi¡ i-{i:nsi: Iì, it¡i:ìi.ríJ.jJ PiiìÈil r ¡.r¡, l,ri iit iii i ieir1 si) iiùii.iìül,iure li),1ìiì11ìñÈi,i$t*'l .ììi ti:i:i}',J, :ìiiì iì4.0 OWNERSHIPANDMANAGEMEINTOwnership, funding sources and maintenance responsibilities shalt be as shown on the followingtable and Figure 1.TABLE 4.0.1PODVA PROPI]RTY/WII]DEMAN RANCI-I GHADTerm OwnersandMatrixl. Development AreaPrivateNot ApplicablePrivatePrivated-c:-^r^ n^.*:t., D^^:l^-r:^lùlllBlç-r'dltlllJ l\çòtuç¡¡l rdtParcels (20 units)HOANot ApplicableIìOA FeesHOAb. Neighborhood Cornmon Areasi. Landscapingii. Irrigationiii. FencingTown of DanviileTown of DanvilleNot ApplicableTown of Danvillec. Public RoadwaysTown of DanvilleNot ApplicableTown of DanvilleTown of Danvilled. Stom Drain System2. Open Space - Parcels (¿4" and '6Bttplan of Control Defined Activities (Thlee (3) Year Minimum lnitial Monitoring Period)Developer3 YearsPrivate FundingDevelopera. Bioletention cellsDeveloper3 YearsPrivate FundingDeveloperb. Detention BasinDeveloper3 YearsPrivate FundingDeveloperc.Storm Drain Systern including"hash RackDeveloper3 YearsDeveloperPrivate Fundingd. Vegetation Management forFire SuppressionDeveloper3 YearsPrivate FundingDevelopere.Slopes and Surface DrainageImprovetnentsDeveloper3 YearsPrivate FundingDeveloperf. Retaining Walls, Gates, andFencingDeveloper3 YearsPrivate FundingDeveloperC. TrailPlan of Control Defined Activities (Post Initial Monitoring Period)GHADPerpetualAssessmentGHADa. Bioretention cellGHADPerpetualAssessmentGHADb. Detention BasinGHADPerpetualAssessmentGHADStorm Drain System includingTrash RackGHADPerpetualAssesstneutGHADFire Suppressiond. Vegetation Management forGHADPerpetualAssesslnentGHADe.Slopes and Surface DrainageIrlprovetlents¡i;ilui;GEOi-'t1 :,i,r i:'' 'rr. ,'r-10-March 29, 2016Contra Costa County BOS Official Minutes123
i:)i:ììiir)iùr;r'¡ iii.:¡tis¡ | ì iiii:i::ltdti; Èii:¡:iì;i ¡\r l¡i,tt :i¡iiil.:s¡'ìiìü Ûsù.iiii'ì.li:ri* ìiì, ?iì11ìl-',..,i,r,r¡l l.rrrr'rrr, ¡ 'ì'iì iiì¡ \i vì -\(:;V ,.r(iJ l(t:.\' IGFIADPelpetualAssessmentGHADf. Retaining Wails, Gates, andFencingGHADAssessmentPerpetualGHAI)h. Trail5"0 RIGHT-OF-BNTRYGHAD officers, employees, consultants, contractors, agents, and representatives shall have theright to enter upon all lands within the GHAD boundary, as described or shown in Exhibit A, forthe purpose of perfonning the activities described in the Podva Property GHAD Plan of Control.Should the GHAD neecl to access parcels owned by the Homeowner's Association, or privateresidential lots to fulfill its duties uncler the Plan of Control, the GI{AD shall provide the affectedlandowner and/or resident with T2 hours advanced notice unless, in the reasonable judgrnent ofthe GHAD Manager, an emergency situation exists which makes irnmediate access necessary toprotect the public health and safèty, in which case no advanced notice is required, but the GHADshall inform the landowner and/or resident as soon as reasonably possible.'tha nr¡¡nar. ^r ^r¡¡ñêrc nf nrnner-tr¡ rr¡ifhin fhe Pod.ra Pronetfr.¡ shal ! recorcl a Dgclaration ofi iiv UVIi¡Ui wi viv¡iwiJ u¡ PiuPvi LiRestrictive Covenants, Right of Entry and Disclosures Regarding Geologic llazard AbatementGHAD ("Declaration") after recordation of the Parcel Map. The Declaration creates covenantsthat run with the land and will be binding upon all future owners of property within the PodvaProperty development, their successors and assigns.:f;i:.*FÜ,':-*l:rrl:i l];li::',i;..,''¡ ìt:,:'-11 -March 29, 2016Contra Costa County BOS Official Minutes124
iriliìlìùio:t:: i' ìi.:irii-',:; i i ìni:irrl.¡d r.¡i,i Ftit!:tì¡l-il . ì aii.; iììs$ ìiìü üiìÙ.Ûil1.juns 1$, ìil'liilììeirrseld .leni¡elY l', :l)Ì.2REFERENCESDariville Town of, Resolution No. 28-2014, Certifying a Final Environmental Impact Repoftand Adopting f,rnding of Fact, Adopting Mitigation Measures and a Mitigation Monitoringa¡d Repòrting Program, and Approving Preliminary Developrnent Plan - Rezoning RequestLEG12-001, MajoiSubdivision Request SD 9309, Final Development Plan Request Devl l4-00l l and Tree Remor.,al Request TRl4-007 (APN 208-160-007 and 008 - Pnclva Property -Ponderosa Homes), April I ,2014.ENGEO, Geotechnical Exploration, Podva Property, Danville, California, Project Number91 60.000.00 l, August 6, 2014.ENGEO, preliminary Geotechnical and Fault Evaluation Report, Podva Parcel, -Danviiie,California, Project Number 9160.000.001, August 5,2011'Carlson, Barbee and Gibson, Vesting Tentative Map, Subdivision 9309, Podva PropeÚy,Town of Danville, California, January 2012.Carlson, Barbee and Gibson, Draft Final Map, Subdivision 9309, Podva Propefiy, Town ofDanville, California, November 20 14.J45iijï$\$GEO' i:rtl;eiÍ i:: ¡:|:l':!i ¡:;':i';':: -March 29, 2016Contra Costa County BOS Official Minutes125
FIGURE 1Corrective Grading PlanFICUREMarch 29, 2016Contra Costa County BOS Official Minutes126
---.--:rI; :,'GEOIì,t:IQalQcT6p1cTb¡TmQldK.7\I ¡:2 1 rsr¡rr¡.úìrr:t4]r'm,r,¡d!,R,3+_-J3'March 29, 2016Contra Costa County BOS Official Minutes127
EXHIBIT ALegal Description and Plats to Accompany Legal DescriptiontrXHILITAMarch 29, 2016Contra Costa County BOS Official Minutes128
SUBDIVISION 9309
RED HAWK
coNsrsTlNc 0! 5 SHEETS
BEINC A PORTION OFRANCHO SAN R^MON À\D
A P0RT|ON 0F SËCltoN 12, T.rS., R.rW., l\40À1
TOWN OF DANVILLE, CO\-IRACOST,{ COLI\TY, C,{LIFOR¡iIA
Carlson, Barbee & Gibson, lnc.
CIVL ENONEERS .SUREYoRS . PUNERS
$NMVd CÁLIFCRNÌA
JIIiE 20ì5
OW\-ER'S STATEMENT
]HT UNDERSIGNID. BEING TflT PARÌIS BAVNC RTCORD Ì]ILT IN1ERTSI IN BÉ -ANÉ DÊLINIA]TD AND EMBRACED WBIN
Èi SUED]VSON BOUNOARY OF IHIS MAP INìTEO.SIBCIVSON 9509 RED HA*-, TON OF DANVLLI, CONNA COSTA
COlNil, CALIFORNIA. OO HTREBY CONSENT IO ßE SAKING ANO RTCORDAION ]F I¡: SAM€,
THt REAL PRæERñ DESCRIBID BILoW lS DEDICÀÍED aS ÀN EASEMENI FoR PUBLIC TURP0SESi
ilOSE PCRNON OF SÂID LANDS DESGIAND O! ÈIS UAP AS RTD TAIL CWRf. SN]:IILO COURT AND MIDLAND WÂY FOR
PUB!C SNEET ÀND U¡Úñ PURPOSS,
lHt RtÀL PRCPERfr BELoW lS oFFERED FoR oEDlCAlor ÂS N EASEMENI F0Ê PUBLIC PURPoSIS|
TlE ARIAS DESICNÀED AS.PUSLIC UNUÛ IASEMTNT'OR.PUE'ART FOR PUELIC FURPOSTS INCLUDNG Pilfs. SIRTS,
CONDUITS, SÍGM DRAINS, FLOOD AND SURFACE WATTR DRA]NÀGE. GÂS UNES,
'ÉCìRiC
IPHONI, ANÐ CABU
trLEVSION UÎIINTS. INCLUOINC IHE RICHTS OF LNCRTSS, ECRISS, CONSNUCTICN, ÐMSTRUCTION, ACCESS FOR
IAINIENANCT Oí BORKs, ]VPRC\TMINIS, ÀNÛ SIRUCfuRIS, ÄND THE CLTARIN(. OF OBSNUCTIONS AND IEGETÂìON,
IHE REAI PRæERTY SELOW IS OFFIRED FOR OEDICAIfi AS N TÀSTMÊNI ÍON PU3lIC PURPOS€S:
frT ARTAS gOfr AS.SCENIC IASEMENÍ" OIR PARqL.B. ÀND !N$RW{O OEffNATED REMÂINDEF ARI FOR BE
PURPOSE tr OPTN SPACT AND ART SPECJFLCALLY E¡CLUDTD FROM FUTURE DE\TLæHENT, Tht StrNIC EÀSEMENÏ
ACROSS IHT UNSR!€YD DTSICNATED RT!AINDER SHALL ÀUIWÀTICALLY IXTINGUISI UPON E.B,R,PD, ACCfPTANCE OF
THT LAND DEDICAÌON.
BÊ RTAL PRæTRfr DTSGNAtrD AS PÂRCEL'A. IS FOR frI PURPOST OF PRVAE STORV DRÀINÄGE, LNDSCÁPE
FTAruRTS. AND WAtrR OUAUÌ USI ÀNO ÀNY IMPROT€MTNIS ÄND APPURÏ'NNCES INSÏilED. HE RTÂL PROPTRfr
DCS]ôNATTD ÁS PÀRCTL'8. IS Fffi üI PUFPOST Of OPEN SPACT. MÂNTINÀNCT OI gID PARCELS SBAtr BI IHI
R€SPON9tsILI]I OT fHI HOilIORTRS ASSOCIA'IION OF'IHIS SUgDIVSON. PARCTL'¡'AND PARCTL'8'WLL BE OFFTRED
]0. ANO ÀCCTP]EO 8Y, ilT GTOLOGC HAZARD ABA]TMENT OISMICÌ (HAD) BY SEIqRATE INSMUMENI SUBSTQUTN'I IO
}[ NLLNG OF ilIS SAP.
frT- AR¿ÁS SNOfr AS'LÀNDSCÂPT MAINTENANCE TÀSEMTNT M'LüE'ARE SPTCIFCALLY EXCLUDED MOM PUBLIC
OEDICATfl ÂND ART FOR ]Hi UST OF AND VÂINIENANCT BY frE NOMEONTÊS ASSOCIATON OF SUBDIVSON 9JO9 RED
HÂW. FM ACCESS, SIORM ÐRAINACE. CðS]RUCION. AND HAINÎNÁNCT OF SIOR{ DRAIN ÄND LANDSCAPI ftÂTURÊS,
Bt AREÁ MARKID IBMUO IS DSDICAITD TO EASÏ BAY MUNICIPAL UÌLIfr DSNICÏ ÁS A PERPEÍUAL EASEMENT FOR Rt
PURPOST ff CONSNUCNNG, RIPLACJNG, UÁINTAININC, OPTRAÌNC ÀND USING FOR IE NANSUISSù AM DISNIBUTON
OF WAffi, A PIPE OR PIPELINES ÄNO ALL NECTSSARY NXruRES INCLU'ING UN)ER@&ND ÎELEMENY AND TECNICAL
CABLES OR ÀPPURIENANCTS frTRTTO, IN, UNOER, ALONG AND ACROS SAID üS€UENT. TMEfrER frfr ßE RIGHI OF
INGRISS JO ND ECRESS FROM SAID TÀSEMENT ÂND ßT RIffiI Ai ü ìVTS TO Til]fR IN. OWR AND UPON SAìD
TASMENI ND ÊVÊRY PARÎ NEÌEOÍ.
üI EASEVENT MÉA MÁY BI TANDSCAPED IN A MÁNNER CONSSENT W} EêSÎ EÊY VUNICIPAL UTLIil DISNICÍS USE|
NOYEWR, NO EUILDING OR SNUCTURI MAY 3T PTACTD ON SÀID EASEMENT, NO 1FÊÊS MAY 8E PLANIID WIHIN IHE
EASMTNT AREA ÀND NO CHANCES YAY 8E VADE IO B! EXISÎNC SURFACE ÊLEVAION (GRADE) OF IHE EASECENÎ
AF:A 8Y MGT ]HAN OÑE (1) FOO1, NOR SHÁLL ÄNNING BE æNE NERTON WìCH gAY INERFERE HÊ EÀSI gÀY
UUNIC]PAL UlUÛ OISlRlClS rut! INJÔWENT OF SAO EASIMENT.
ùT REAL PRæERTY DSSNAED AS.DESNAED UNSUR\tYTO RIMÀINOÊR'SH{L 8E DEDICAtrO TO ÎHÊ ÊAST BAY
RIqONÀL PARK DSTRICT 8Y $PARAE INSNUMENT SUESIOUÊNÎ IO ilE FIUNC G BIS MÂP,
ilÊ ARIA SHOM AS RAIL MA]NTTNANCE ÂCCÉSS ÊÄSEUENT OR'IMAT'IS IFREVOCAELY OFFÊRTD FOR DEDICAÌON IO
flÊ EÁSI ÊÀY RTGIONAL PARK DISNICT FOR INCRTSS AND EGRESS. MANIN¡NG PURPOSES, NO PUBLC ACMS. TIS
TA$MEN] WLL 3T ÀCCEPED 8Y ilE EÀSI BÁY REGIONAL PÀRK DISNICT BY SEPA?AE INSNUMSNT SUBSTruENT IOÊt nuNG 0F Brs sp.
BIS MAP SHOÆ ALL EASÉMENIS Oi RECMD ON ilT PRæIRft BEING SUED|VDED
OWNER'S ACKNOWLEDGMENT
Á NOfARY PUELIC ffi O}ER OFFICER CNPLTÌNG ilIS CTRÌFICÂTÊ VTRIFES ONLY BT
IDTNÌñ OF ilE INDIVDUÄL ffiO SICNTD ilE OMUMENI TO ftICH ilIS CIRTIFICAÌT IS
ANÀCBEO. AND NOT frE RUßFUUESS, ÁCCURACY, OR VÁLIDIfr OF BAT DOCUMENT.
SIAE 0F
COUNÌ OF
-
ON EEFORT ME, , A NCTARY PUBLIC,
PERSONALLY APPEARED WO PROWD TO ME ON BE BASIS OF
sÀltsFAcloRy tvotNct T0 8t t8t PtRsoN(s) ffiosE NAMt(s) rs/ARt sBSmBaD t0 tBE wlHlN
rNSnuMENt AND ACKNoIIDGÊO l0 ME lHAl HI/SHE^HÊY ÊKCU]ID IHE SaMt N frS/HtR/ilÍR
ÀufroRrzEo cÁPAcrTy(rts), AND IHAT 8y Hrs/HtRÆrEtR srcNATURt(s) 0N BE rNsnuMENt frt
PERSoN(S).0R BÊ ÊNITY UPfi BEHÀF 0f ffirCH lBf PERSfr(S) ÁCT[o, IX€CUED üE TNSTRUMINT
I CTRÍIFY UNOER P€NALfr OF PTRSRY UNDER frT IAìS OF ÏHE SÏAE OF CAUFORNIA ilAT THI
FORECONG PARACRAPB IS NUE AND CORRTCI
HNTSS MY HAND AND OFFICIAL $AL:
SIGNAIURT:
SURVEYOR'S STATEMENT
NAUE (PR|Nt):
BIS VAP WAS PRE?ARTD 8Y ilT OR UNDIR MY DIRICIION AND IS BASÊD UPN A FILD SUR\€Y IN
CONFORMNCE trÎH ]TT RTOUR'MENIS OF IHE SUBDMSION MAP ACT AND LOCAL ORDINANCI AT ilE
RECUES] 0; PONDTROSA HOMTS il, INC., Ä CÁLLFORNIA CORPCRAION, IN SEPTIUSER 2014. AND IS TIUT AND
CNPLT]¡ AS $OM. I HEREBY STAtr ßAI IHIS FINÀL VAP SUBSIANìALLY CONFORMS IC }T
CONDIIONAtrY APPROVEO TTNIAIVT MÀP, I HIRTBY STA]I frAI ÈT UñUMTNIS hLL 8E SgÌ IN iHE
POSIIñS INDICATED ÁFTER lHE IMPROVTMENTS ART COilPLTIID ÂND ÎHAI ffE VONUMTN.JS ART, OR WtL
BE. SUFFICIEN'I'IO ENAgLT DT SUR!€Y ÌO 8E REÌRACED. THT AREA OF ßT 9]BDIVSON S ]3.22 ACRIS,
PRINCIPAL COUNTI OF EUSNISS:
MY C0gslssroN fluM8ER:
VI COMMISSION EXPIRES:IORT OR LÊSS.
OAÏE MARK H. [B8ER P.LS.
L.S. N0. 7960OWNER'S ACKNOWLEDGMENT
A NOIARY PUÊLIC OR OÛER trFCER COVPLIÌNC NIS GRìFICAtr WRFITS ONLY }[
IOENIñ Of frE ]NDIVDUAL HO SñEO ßT OOSJMÊN1 IO WICH ffIS CIRTF]CA]! IS
ANACH€D, ANO NOT ilE ÏRUüFULNESS, ACCURACY, M VALIOIÌ OF ßÀf OOCUMENI.
staE 0F _
COUNÌ OF
STFORE MÊ,NOTÀRY PUBUC.
0N Bt 8ÁSrS CF
RECORDER'S STATEMENTMO PROED ÏO ME
salsFAcToRy EVDENCE f0 Bt rHt PERSoN(S) ffioSE NAME(S)rs/ARE suBscRtBEo 10 ff€ HÍHN }]S MAP, ENIILID, SUBDIVSfr 9309 RED IAK" IS HEREBY ÂCCIP1ED FOR RTCORDÁION, SNOWNG A
cLtÀR ÎÎLt AS PER LE]TER ff ffLE mrfiEN 8l FrRSl AMIRTCAN t]lt CoCPÀNY, DA]¡D_
-
AND AFER TXAM]NING }E SAMT, ] DEEM }A] SAID ilÀP CNPLIS IN ALL RESP€C]S Hü BE
PROMS]ONS tr SIAI LÀ6 ANÐ LOCÀL ffiDÌNANCES GOERNNC BE FILNC tr SUEOMSION MAPS.
RECORDID Af frT RTOIsST OF FIRS] ÀMERICÄN TTE CSPANY ÀT-V.. ON HE
_ DAY S_ 20_ rN 80OX_ 0F ilps. Ât PACÊ
_ N lHt rff 0F ßE couNñ RtcoRDtR s coNnÀ costA couNil, stafl 0F cÀLFoRNta.aS oRERI
INSNUMINT ANO ACKNONTDGEÐ TO ilE NAT NT/SHE/INEY TXECUIED IHE SAME IN HS/flER/ilEIR
AUBoRTZED CAPACTÛ(ES), ÀND lHÀÎ BY HIS/BÊR/BE|R S!ôNAÌ!RE(S) 0N nt TNSRUUENI tE
PERSoN(S), 0R nt EN¡TY UPoN BEHALF 0f Hrfr frE P[RSñ(S) ACTID. tXtCUìiD HE NSnUMENT
I trRIIFY UNDER PENIÎY OF PERTRY UNDER frÊ Uf,S OF frE S'IÁIE Of CALfORNIA frAf IHE
FORTGONG PARAGRÂPH IS JRUI AND CORRECT,
HNÊSS MY HÀND AND OFFC]AL S€ÀL
PONDTROSA IWES [, LNC., A CAUFORNIA CORPORÀTN SICNATL'PT:
-
DOCUMENI ilO:JOSÊPB E CÄNCIAMIIA
C@NT RECORDER
8Y:BY
NAMT (PRINT):COUNñ f CùTA COSIA
SIÀìT OF CÂLFORNIA
al:
DTPUII COUN I FLCORDLN
NAUEì
rtrEi
oRrNClPÀL CtuNP 0' BUSINESS:
-
1i 91 5{00
NilE:
lat:MY CWMISSION NUMEER:
MY COMMISSIOÑ EXPIRES:
March 29, 2016 Contra Costa County BOS Official Minutes 129
SUBDIVISIO}{ 9309
RED HAWK
CONSISTIìiC OF 5 SHEETS
BÊNC A PORT1ON O¡ RANCHO SÀ\ RAil¡ON AND
A PoRTIoN 0F SECT]oN 32, T. tS.. R.1W., MDi\'f
TOW'N 0F DAN\4LLE, CoìlTRi CoSTA CoUNÌY, CALIFoR}lA
Carlson, Barbee & Gibson, lnc.
CML €NGNEERS . SRWYffi . ;UNÑERS
SN MMON, CAUFGÑÀ
JLlË ?0t 5
CITY ENGINEER'S STATEMENT PLANNING STATEMENT CLERK OF THE BOARD OF SUPI|RVISORS STATEMEI'¡T
I HTR€8Y SIÄtr TÄT i NA\T
'XAIINTO
ÈE WTHIN NACI MAP ENìILEO' SUBD]VSON 9]09 ffiD HAM-,
}AT }I SUBDIVSON ]S SUESÍÀNNruY Bt SAVE AS ]T APtrÁRTO ON II: lENiAlW MÀP ANO ANY
fPRO!€O {TERÁ¡frS frERCF, A5 APPROtrO BY ilE TOR COUNCIL tr ÈE TOW S OAVU, CfuNTYg ccNmÁ c0s1À, slAE cf iÀlrFoRNra,0N _ ÎHAT ALL S frE
PROV9ONS tr SIÁTI LÄW ÂNS IOCÀL fiDNANCES ÀPFICABLE ÁI }T ìU: OF APPROVAL ff }E
IINTA¡W UÀP HÀE SETN COMPLIED $Iil, ANO ÈAÍ I AU SÂìSFITD fHÀI fr[ MP IS ECHNLCALLY
CORRÊC1,
I HTPTEY SÎAÏE frAÎ ÈE PUNN]NG CWMISSIÔ] Of'THI TOM OF OANVLLE, CONTRA COSiÀ
COUIñ, SÎAtr OF CALIFffiNIA, HAS APPROWO üE ENTA¡!€ MÂP ENNtrEO 'SUBO MSÌN
9JO9 R€D HAM' UPtr ffiIfr B€ FINÀL MAP IS BI.SEO-
I HERTEY SÎAI! AS CHECXED BELOW frÀT:
( ) a iax 80Nc assRrNc PAWENT 0F ALL lÀxES Mr01 aÊE Now a L[N. BUr aRt rcl
PÀYÀ8LE , HAW 8Ê!N RETIfD ÄNO ÊIúD Hfr G:30ÀRO OF SUPERV$RS OF CONNA
COUNIY, :;TÂtr OÊ CÀLIFORNÁI,
( ) aLL faxts DUt HAW BíEN pÄro , AS cERtsto By lÏt colNÌ RE0ENPÎoN oFFcü
fT
C05ra
0ÀE (IVN J. GAILEY
CNEF f P!ÀNNNC
rOW OF DANVLLE
COUNñ OF CONNA COSIA
sTÀtr 0: cÀuFcmra
DÀtr:_0À110 DÀVD foÀ
CLÊPK OF ßT 8OÁRÐ tr SUPERVSffiS
ÁND COUNfr ADMIN SAAfM
cNññ 0a cftnA ccSTA
SÎAft CF CALIFORNIA
Str[N C. LÀKE
0EtrLoPMENT SIRV:ES otR¡CToR/Oft ÊNôtNtÉilom s oÀNúL[
R C E 118?0
8Y __
OEPUfr CLEFK
CITY CLERK'S STATEMENT BLIILDING OFF]CIAL'S STATEI\,{ENT
HEREBY SIATE frIS MÄP, EIItrED'SUEDIVSOI 9309 RED HAW '. WÀS PRESN1ED TO flE TOH
COUNCIL OF *E loh f DAÑVLLT. C&NÌ OF CONNA COSTA, STÀÍE OF CÁLIFORNIA, ÀS PROVOEO
BY Uq Af A RTGULAR MEÉNNG NERIOF, HTLO ON }T
-
DAY OF
-
,20- ÁND HAI SAID COUNûL DIO ilERUPM PPRO!€ SÁIO MAP 8Y A RE$LUTON É]CN {AS DULY
PASSTD AND ADOPEO AT SAIO MTTINô.
A 65OtrCHNICÁL EXPLfrA¡M REPORT, PRIPAREO ÐY INtrO, OATTD ÀUCUST 6, 2014. PROJECT
NO,
'16.OM.OO]
, SCNEO 8Y PHLIP SruTCHTU, HAS SEEN RECEIWD AND APPROIIO FOR ÆtAS
INIUDTD lN THIS $M]USIOil ND IS KTPT ß FItr Fffi PUBLIC ]NSPECION AT frI TOM ff
DÂNTtrÉ 8U]DING INYICNfr ÛVSIN. ONVLLE, CAITORNIA
I FURfrIR STAIE THAi SÀID IOh Cù]NCIL DIO HERTÊY ACCTPT. SUUÉCT fO IMPRO\€MENTS, ON
ÊTHALF OF THE PUELIC, ìTE F¡LLOWNG OFÍTRS OF OEDICÀ]ìON SHOffi N ftIS MÀP, SAD *EÀS ffiT
cÀLlao oui AS: RtD TAL CCtRl. ISNCFLIL0 CoURI. PUBUC UtLtfr EASESINÎ (pUE), SCtNtC EASEMENT
ürÆ LtoñllADÉS
trLEF BUILDING trFIOAL
TOffi S OANVLLE
COINTY G CONMÀ CCSTÁ. S1AE OF CALIFffiN A
8Y
--
DÀtr
-
N hINÊSS IHERECF I HA\{ H'RTUNTO SEI MY NNOS ilIS DAY OF
-,
20i5.
'ffi-ùñffi-CIÎY CLÊR( AD E}-OFFLCLO [ER( OF ÈE
IOSN COUNCIL tr THI TON OF ÛANVU,
C&NTY OF MNF¡ COSIA, STAtr tr
C{IFæNIA
SHEET
March 29, 2016 Contra Costa County BOS Official Minutes 130
61A.2C'
209.85
194.43'
1r7_00
285.81
J39.68
2E4.65
261.49
215.97'
208 l0'
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87.21
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s.56
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389 45
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Nr8 20 58'W
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N69 52 r7'€
N20 45 18'W
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96 ACl
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SUBDIVISION 9309
RED HAWK
coNsrsTnic 0F 5 SHEETS
BINC A PORTION OI R,\NCHO S,\\ MMON Aì.iD
A PORTION OF SECTION 32, T,IS,. R IW.. I4DIV1
.TOWN Oi DANVILLE, CONTLA COSTA COLINTY, CALIFOR¡iIA
Carlson, Barbee & Gibson, lnc.
-lrt_ E\GrNEES . 5æFtoas . ol\!EqS
SÅN MMON. CÁLLÊORNIA
2
7-tl
SCALE; l"= 100'JLi\E 20t5
3 300 0' 150' 300' 600lrrr#lrr-
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3-a3?61
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515 M 1g
GUPHIC SCALÊ
BASIS OF BEARINGS
REFERENCES:
3
-ã<\*9-o-ì
S.
4
ffT BASS OF BTARNCS FOR BIS SURWY IS OTìTRMINTD 8Y FOUNO
HNUMENÎS SHOW ù ESRLDCE AWNUE, ilE 8€ÄR]NC EEING
N2r'0000"w pER nÂcT N0. J2E0 (r07 M 4J).(r)
(M-PL)
(M-Pt)
-AS TRAMTAS REC.o\ÀL W¡LDERNESS
EÅS] BÀY REG]OML PARK D]STR T
6
z\
INâICÁTIS RIFERENCT lUV8ER
sugDvstoN 6æ8 (279 M J)
cRArl 0EtD. Doc N0. 201r-526rE
IRÀCT 2713 (77 ! 3r)
suBDMSrd 3280 (r07 M 4J)
(rf)
(ì)
(2)
(Ð
(4)
PÀRCTL A
NOTE:
]. A CB]SEIEO MARK SNALT BT flf INTO ilT TOP OF CIRB ÁT frT
PROICNGATON OF IOT LNES, AND A RIBAR AND CAP. LS 7960. SHATL
BT STT AI ALL NON-FRONÌAGE CORNTRS AND ANCLI POINÎS
LEGEND
SUBDIVSI& BONDARY L]N[
RICHT OF SAY UNE
LOI INE
tÀsutNf LtNt
MONUMTNI LINT
ADJCNÊR LIN:
RÀNCHO AID STCNON UNT
IOTAL
RADIÁL
MONUM€NI ]O MONUMTNI
VONUMTNI TO PRPTRfr LINE
FtuND stañDÀRD sn[t] ùfruMtNT
SET SiANDARD SNTTI !ONUMTNT
FOUND IfrUMENI AS NOED
UNDSCAPI ÍAINtrNANCI EASEMTNI
PU8Lrc UNUÛ TASTMINI
NAL MA]NTENANCE ÂCCTSS EÂSTMTNÌ
SHEET LIV T
SHIEÌ NUMBER
,'/
DES]GMTED
UNSURVI'IED
REMAJNDER
5t5 M 19
(f)
(R)
(M-M)
(M-PO
@
a
LMT
PUT
TMAt
o
1915400
March 29, 2016 Contra Costa County BOS Official Minutes 131
15,351 Si
12
PARCEL A
1t,778 S1
PUE WAY
1
|.159 SÊ1
L=!754
r5,708 SFr
L3
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18
DESIGNATED
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REMAINDER
SGNIC
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LÊNGft
æ.E4
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i5i.l1
r4.92'
68.8r'
12.26'
1492'
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90m m'
90m m'
259 55 Ìi'
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65 12 20'
2805 39'
45mæ'
RÁOUS
19 0C
19.00'
36.0C'
r9.00'
60.00
25.00
i9.00
CURW ÎÄSLÊ75.3C'
cl4
22,219 9tt7
Iil,
5'
L=37 05
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L=29.03'
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67.29
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170.24
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UNE TA6IT
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22.24
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80.46'
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52 72
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N27 39 5r'W
N42 5822'E
N40 08 r?'w
NO
L2E
129
130
LJl
Ll2
133
134
135
136
SUBDIVISION 9309
zu]D HAWK
\CONSISÎNC OF 5 SHEETS
BEINO A P.]RTÍON OF R"4.NCHO SA\ MÀ4ON AND
A poRTnN 0rì sEcTloN 32. T.rs., R. I w.. MDtlt
TO\VN OF DANVILLE, CO:iTITA COSTÄ COLIì'iT]. CåLIFORNIA
f.::ì/
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!
Carlson, Barbee & Gibson' lnc.fRÀcT 2743
77 M3)CIVL ENGINÊERS' SUÊV:YORS t PUNNERS
SNFAMCN CÀLFCR\IÂ
SCAI Êr I = 50 JU\E20ìli
t
.,'u /
24 2a
15 t7
NJ7!2 05'W 678 20',GRAPHIC SCALE
BASIS OF BJ]AR{NGS
DETAIL C idE EASS OF BEAÊINCS:OR J¡S SIRWY ]S ÔTtrRMINED 8Y FOUND
UMIIENTS SNO\N N {ESRDGE AWNUE, frT BÊARINC 8ÉNG
N2r1000"w PER R^Cf N0. t280 (r07 M 4J)Nol l0 scÄLt
SUBDJVISION ôO9A
?79M3 1 REFER.ENCI]S
'c8'tr il8.58 (l)
(#)
(1)
\2)
(3)
(4)
]NOCAÎTS REFER:NCE NUHEiR
suBDVSroN 6098 (219 U 3)
cRÁNr DtÊD. 00c N0. 2011-32618
nacr 274J (77 M Jr)
su8orvsr$ J28o (r!7 M 43)Nt8t4 08'V
N38¡408'W J06.02 COURT
NOTE:
PUE F
Hd
À CNIS'LED MÂRK 3IAtr 8T OT INIO frE fÔP OF CIPB AI ÈI
PROLONCAION OF LOT UNES, NO A REEAR AND Cf, LS 796C. SÁLL
ÊT SET ÀT AtL NON-FR'NÌÄGE CCRNIRS ANO ÀNCLT rcINß
R=14.m
L=24 94
1lLF5Jla's'
L=3J.50
PARCEL B
4.03 ACi
s6Nrc EAS|UtNT
LEGEND
e4€ 55 04'ÞÆ5504'
SUSD VS¡ON EOUNOARI L]NT
R]GI S WAY LINT
Loi tNt
IASMINT !NE
MftUMENI LINE
ÀDJCINTR LINI
RÄNCNO AIC1 S€CICN LINI;
'i0r{
RAOIAi
!frUMENÌ IO UON!MENi
MMUM¿NT iO PROPIRÍY -NT
FOUND STANDARD SFEEÌ MONUÑENf
SEI STÁNDÁRD SRTTT MOilUUENT
FO!NO MONUil:ÑI ÀS NOJ[D
LANDSCPE MAINITNANCI IASIMTNI
PUSLLC VILIfr EÄSMENT
Mil MAINtrNANCE ÀCCEii] IÀSEMINT
L=29.0J
t=29 0J'
a9'll
&42¡1 23'
(r)
(R)
(M-M)
(M-PL)
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LME
FUE
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1.24.94'
DETAIL A
DETAIL B Eiå::T"
NoT 10 SC{t
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1-
R=3¿ 00
ell!0¡0'L=89.S
r=,8.40' sEE SFIEET 5
SHEÉÎ 4 OF 5
March 29, 2016 Contra Costa County BOS Official Minutes 132
LINE TABLT
LINôfr
59.68'
24.00'
14.00
21.00
14.00
24.00
14.00'
14 00'
24.æ'
14.00
21.00
24.00'
14 00
19.95
BEARING
N2r'34'57'W
N42J508"8
N4215'08't
N21'v 57'w
N21 y 57'W
N2r-$'57'W
N2r_34 57'W
N6E 25 0J'E
N6825 0J'E
N6825'03'E
N682503'E
N5i 45 52'E
N51 15 52"t
N14 4825'E
NJ4¡E.26.E
NO
LI
L2
L3
L4
L5
t6
IJ
L€
L9
Lt0
Ltl
112
LIJ
Ll4
LINE TASLI
LENCN
47_43
87.00'
JJ.49'
5 39'
+8.9r'
29.49
2J.46
3.J0
91.45
118 m
58.07
i.11'
17.77
J2.92
BEARING
N5r'45'52't
N$ì4 08'W
N23a8'2r'W
N64 4913'E
N2J42 t8'W
NJo48 02'W
N22 3? 30'W
N6E',2503't
N22J7 30'W
N64f,o J7'E
N5059 50'E
N21 54 57"W
Ni3 0r'24"8
NoJ 4215'r
N0525 35'E
NO
116
Lt7
H8
119
121
122
L2J
L24
125
126
t27
128
129
!T
25
PÀRCE]. À
NJE14 08'w 161 .5E'
N3Et4 08'W 306.02'
TRÀcl 2743
77 M31
N37!205"W 678.20
26 SUBDIVISION 9309
RED HAWKSUBDIVISION 32AO
3
coNsrsTt¡ic 0F 5 SHEETS
BEINC A PORTIONOF M}ìCHO SAI RAMON ÁND,
A PORTION O¡ SECTIOIi ]2, T, IS,, R,IW,, MDN,I
TOWN OFDANA]LLE, CONTM COSTÄ COITNfi, CAIIFORNIA
Carlson, Barbee & Gibson, lnc.
CN¡L EÉINEFE . SURVEY qS . PúNNERS
SANfuMON ùUFONÄ
SCALET l"= 5C' ¡,NÊ20ì5
0' 25', 50 100'
L
J
(r)
(r)
(2)
(r)
(4) SUBDVSIfl 32E0 (r07 M 43)
REFERENCES
NOTE
240'
SHÊET 5 OF 5
/
ADÀMS
zji1-C3?b1A
GRqPHIC SCALE
BASIS OF BEARINGS
T€ ÊASIS OF BTÁRINCS FOR IHIS SURIIY S DETERUNED BY FOUND
vo\uMtNfs $oN G rtsiçrDcE ÀW\;E aE BEAR|\C Br{C
N21',oCm'V PER TRaCt N0 3280 (107 ! 43).
cuR!€ 1À8tt
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92 12'
21.41
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21.41
29.85
122.A7
79.52
2.08
55.24
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14 6l
54.75
15_59
6.78
582
DELfA
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l6 J9'il"
26 4007'
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254007'
90m'00'
64ì0 05'
6410 m'
rt5 37'
29'A2t2-
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J4 02 16'
19 2511'
8?6 17'
714 5J'
RADIUS
28r.æ
lr9 æ
46 00'
48 00'
46 0C
19.00
rm.m'
7r.00
109.m
109-æ
41.00'
46 00'
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46 00
46m
46.00'
NO
cr
c2
c3
c4
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ll
ü
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cr0
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cr3
cr4
cr5
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1915-000
clRw lÆLf
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?0.01
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72.69'
21.70'
29.41
DELfA
tJ549'
641005'
r6f,g 11'
r30J21'
12'59 09'
50t6 31
RADUS
Jl9.æ
85.00
J05 m'
5r9.m
r09.m
56.00'
NO
cl8
c1s
c20
c21
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7
(M-c)
(M-!)
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INDCÂIES RTFERTNCÊ NUUSTR
sugDrvsror 6098 (279 M J)
GRANI D€ED, Dæ NO 2O1I-J2618
TRACT 2743 (77 M l1)
95.
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r0.6æ sil
1-
A C8]SLED VARK siÁLI BE EI INTO frT IOP OF CURS AT frT
PROIONCÀ¡ON OF LOI LINTS. AND A REBAR ANO CAP, LS 7960 SIÁLL
BT 5TT AI ALL NOÑ-FRONTAGÊ CORNERS AND ANGLT ?OITS
LT!!NÐ-
WINGFIELD PARCEL B
SUBD]VSON BONDARY LNE
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LCf INt
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MONU!TNT LINE
ADJONER UNI
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TOiAL
MONUMÊNI IO MONUMTNI
MONUMENT 10 ?RæERIY LNI
FOUÑD SIANDÀRD SNIÚ MñUMTÑT
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FOUND UONUMÊN] AS NOI¡O
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96 ACì
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(M-v)
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14,153 Sfl
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16,366 sFr
March 29, 2016 Contra Costa County BOS Official Minutes 133
TIE,XHBITltvLDEXHIBIT BPODVA PROPERTY ANNEXATIONSite GeologyMarch 29, 2016Contra Costa County BOS Official Minutes134
i)ù¡'iSt'ios¡ l-li.:tili.rs ì ì, ì¡tr::i:]i.i$v:; frii:¡*t i¡r, )i¡; ¡t¡il¡¡¡iii tìil iìÙÛ.ûÛ1.jiLrrs 1lì, lìüììilìtvisi:d .Ìi,iniii':lY i, :iììtìSITE GEOLOGYSite and Geologic SettingThe Podva property consists of two Assessor's Parcels (208-160-007 and 208-160-008) totalingapproximately 109 acres located in tlie Town and Country Planning Area of Danville, California1Èigure l). The properly baeks to the LasTrampas Regional Wilderness to the west, theElworthy Property to the south, residential development to the north and east, and is located atthe wesi terminus of Midland Way. The property is currently agricultural with two existingstLuctures, a wooden barn and a metal building.The Podva property is generally characterized by open, rolling, grass-covered hills, to theridgeline above, witl-r tree-covered drainage channels and scattered trees in open areas. Currentelevations range from a higir of about i,i00 ieet a'bove mean sea ievel (msl) at a Las TrampasRidgeline in the southwest corner of the property to a low of about 452 feet above msl at the eastextent of the property at the terminus of Midland Way. The easternmost portion of the project isa gently sloping terrace area.The Podva property is located on the west flank of Las Trampas Ridge, a prominentnorthwest-trendiñg ridge formed by uplifted resistant Miocene sandstones that include theBriones, Cierbo and Nerloy Formations (Ham, 1952, Crane, 1995). The ridge crest is the westflank of the overturned Las Trampas Anticline. The core of the anticline is formed byinterbedded sandstone and shale of the Middle Miocene Monterey group and contains theLas Trampas Fault, a Late Quaternary east-vergent thrust fault, mapped just below the ridgecrest. The Podva Property is located over the eastern flank of the fold. The bedrock layersunderlying the site are ovefturned, inclined steeply noúhwest, and include the Monterey Groupand the Briones and Cierbo Sandstones. Steeply west-dipping sandstone layers are exposedunder the relatively flat eastern terrace area and in the incised drainages that flank the propeftyon the nofth and south.The Las Trampas Anticline and the Las Trampas Fault are features that are related to the regionalstructure of the East Bay Hills block, an uplifted range bordered on the east by the CalaverasFault, an active strike-slip fault generally located at the eastern side of Las Trampas Ridge, andthe active Hayward Faulf, located approximately 8.8 nriles to the southwest. In the site vicinity,northeast-directed shorlening between these two faults has resulted in the formation of severalfolds and thrust fäults, including the Las 'l'rampas and Bollinger Faults.Landslide DepositsMuch of the Podva property west of the residential development on the lower terrace areaconsists of a large, déep--seaied landslide complex. Crudely stratified soils interpreted as debrisfan deposits were encoùntered at the east limit of the mapped landslide deposit. No evidence ofdeep-seated landslide displacernent or shearing was observed in previous fault trenchesexcavated i¡ these deposiis or along the contact with underlying bedrock. The geotechnical¡¡:rif{,,, EO' - i-: : :¡.t;,; f ! /j-<t-'¡:lLr'¡.¡¡I)i:¡B-1March 29, 2016Contra Costa County BOS Official Minutes135
iìùtiiioiùrìi,ì [ir:iiis:..; ì :, ìtii:ìí)d..¡{,r fri,}i¡rìt i.¡, i-ìi;¡tt'ii il;tl iiii rÌùù.iìil'Í,ji-ìl-iij I rì r'ii l'lii{}\riSiiiì ,.JiìiliìiìJY i. .::lJ ì')exploration at the site concluded that the veneer of debris fan deposits that mantle the easternedge of the deep-seated landslide complex have not been displaced by deep-seated sloper ^^^tt,. ^-.,11^.. -^^^^i l^-l^l:l^- L.'.,^ lr^-*^¡ ^^ .l^^-o ',^Äo"loi- hrr fhecollluvgltlçlll.ò. LUU¿1lty, 5illdllçt, lçvçllr lcl¡ru)rruwJ rlqvv ¡wr rrrwu urr J¡vPçr sr¡u!t rqrrr sJdeposits as ciepicteci on the Site Pian anci Geoiogic Map. The becirock exposecÌ at the easi sicie oíthe project appears to be strong competent, and unaffected by landslide ûìovements.Recently active slump/earthflow landslides are present in the debris f'an deposits on the slopesadjacent to the eastern terrace area. [t was concluded tliat these landslides do not appear to havernobilized anci florveci grea.t distanees clue to the lìrre-grained atrd cotlesive nature of the soils.The previous geotechnical exploration at the site concluded that the risk of direct landslidemovement impacts to the proposed developÍrìent area is low.Scismic SoureesThe residential development area is not located within a designated Calif'ornia Earthquake FaultZone for active faults; however, the zone for the Calaveras fault is located on the Podva Properlyapproximately 1,000 feet southwest ol' the development. A previous fault investigationperformed atthe Site concluded that no active faulttraces cross the developmentarea (ENGEO,2011).South of the site, the Calaveras fault is considered to be "active" by the State and is believed toaccommodate approximately mmlyear of long-term slip that is well-expressed geomorphicallyby east-facing fault scarps, saddles and deflected drainages (Hart, 1981). The Calaveras faultbifurcates south of the site near Bollinger Canyon Road, and the well-defined fault tracesdisappear into a series of large landslide complexes on the east flank of Las Trampas Ridge. Thelocations of active traces of the Calaveras fault have been evaluated by the State of California(Hart, 1981). The State zone for tlie Calaveras fault ends at the boundary of the DiabloQuadrangle because, beyond that point, the fault is not "sufficiently active and well-def,ined" tobe included on the State maps. A recent study of the northern portion of the Calaveras fault byUnruh and Kelson (2002) concluded that the slip frorn the active portion of the fault transfersthrough the East Bay Hills noith anci west of Danvilie via the complex interaction of severaifblC,thrust fault and strike slip fault structures.GroundwaterGroundwater was not encountered in borings, trenches or test pits at the site during the ENGEOgeotechnical investigation. Subdrains have been proposed within keyways on the correctivegrading plans to control the potential impacts from groundwater.¡Ìri,¡ÇFOMarch 29, 2016Contra Costa County BOS Official Minutes136
EXHIBIT CPODVA PROPERTY ANNEXATIONFunding and AcceptanceEXHIBITC,.t -'...March 29, 2016Contra Costa County BOS Official Minutes137
i:'*nili:losä i'ìctir::; i i, illiii:i:ivr flii:¡i*iì"v. lìlii,riìisii'liiii iiÛii.iiil.1.lur¡o iiì iìiìii;i:ì*i,ì:irld ,iiittii;ìir,' i .ìii i -ìFUNDING AND ACCBPTANCE OF RESPONSII}ILITY BY THtr GHAI}^ , -r ^^^^^^-^-^-+ i^ ^t-^^I., L^:-,, l^,,:^,1 {-^- -.^^^-f i^,' i^ rh- fìLl ^ n ,r,.'lo" 1l.o ^.n.ricinnc nl'l\ii aiiiiuai assessillçna l5 ailçauJ UUliiË iUviuu iui PiuPçrLivù rrr trre urr^v u,¡uvr (,rw P,vthe existing Plan of Control and Engineer's Repofi. Ultimately, an annuai assessrnent shaii belevied on all annexed residential and nonresidential parcels with habitable buitding areas within¡ L^ D^1.,^ f)-^^^'n., ¡^.,-l^^'-^'"+tllu I uuvd r luPUltJ ulvwrwPrrrwr¡t.1 . Activation of AssessmentThe assessment shall be levied by the GHAD on each individual parcel beginning tlie hrst fiscalyear following issuance of a building permit for that parcel'2. Resnonsibilitv lor GI'lAD ActivitiesThe parly that, on the datc thc Final Map is recorded within the GHAD annexation boundariesowns the developable parcels shown on that Final Map, shall have the responsibility to performall activities that are anticipated to be transferred to the GI{AD. Sucl.r responsibility shall beeligible to transfer to the GI-IAD at 9:00 a.m. on the day exactly three years after the firstresidential building permit within the annexation area is issued by the Town of Danville providedthat the items listed under item No. 4 in this section have been completed. This turn-over datemay be extended at the sole discretion of the project developer provided that the assessmentsshall continue to be levied during the extension period and that notice ol' such extension isdelivered to the GHAD Manager at least 30 days prior to the turn-over date. The petitioners forformation of the GI-IAD intend that the approxirnately three-year period between the initiallevying of the GHAD assessment and the GHAD becoming responsible to perform activities onpropefty within each Final Map will allow the GHAD to accumulate reserve funds withoutincurrin g sign ifi cant expenses.of the OenSOwnership of the open space (Parcels "4" and "8") will pass from the owner/developers to theGHAD on, or approximately on, the date the GHAD comtrences its activities anC becomesresponsible for oversight of the actual physical maintenance of tlie open space as provided in thissection.4. Process for Transl'errins Rebilitv for GHAD Ac.tivitiesAfter the Transfer Eligibility Date for parcel(s), the process for transferring responsibility forperforming GHAD activities on such parcel(s) shall be as follows:(a) Up to one year in advance of the Transfer t-ligibility Date or in any subsequent year, at itsdiscretion, the developer may appl¡' to the GHAD ("Transfer Aoplication") to transfer theresponsibility for performing GHAD Activities for parcel(s) to the CI-IAD.Jä ËO!:::; ; :.,,t'! i::..tt;r: íit:'iii-l:lì -c-1March 29, 2016Contra Costa County BOS Official Minutes138
ili.'rìrìtiùsr,ì l-ìi:n*i: I :, ìr¡tv'i :C vi: Fti:pr:t'i:¡, ilrll lviilo$liiii i)iìû Ûiil,lL:n* ìiì, iìü'lìiiìei¡1::ilti .ilirt i:i:iy ;', :ìil ì rj(b) Within 45 days of receiving such notice, a representative of the GI-IAD shall verify that allthe facilities for which the GHAD will have maintenance responsibility have beenconstructed and maintained according to the City-approved plans and specifications for theindividual improvements, and that such facilities are operational and in good working order.(c) Within l5 days of such inspection, tlie GHAD witl send the developer a list ("Punch list") ofall of the items that need to be constructed, repaired or otherwise rnodified.(d) The developer may notify'the GFJAD when it has completed the items identified on thePunch list.(e) Within 30 days of receipt of such notice, the GHAD shall verify wl.rether all Punch List iternshave been completed. If such items have been completed, the GHAD shall notify thedev'eloper tliat tiie CIìAD accepts responsibility for perforrning all firture GHAD Activitieson the parcel(s).(f) The GHAD shall confirm that the reserve requirement defined in the approved Engineer'sReport has been met.(g) Ownership of the open space shall be transferred from the owtrer/developers to the District.(h) The owner or owners of property within the Podva property shall record a Declaration ofRestrictive Covenants, Right of Entry, and Disclosures Regarding Geologic HazardAbatement District ("Declaration") previously approved by the GHAD.As part of the transfer, the developer of parcel(s) to be transferred will provide the GHAD, for itsuse, copies of the applicable geotechnical exploration reports, grading plans, corrective gradingplans, improvemenfplunr, field-verif,ied geologic maps, as-built subdrain plans or other pertinentdocuments as requested by the GI-IAD.jiìii€Eül)t¡;r,r-. i i:;<t;i,.,l,rii;.'l;,1c-2March 29, 2016Contra Costa County BOS Official Minutes139
March 29, 2016Contra Costa County BOS Official Minutes140
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#24-716-1 with Resource Development Associates, Inc., a corporation, in an amount not to exceed $100,000 annually
to provide consultation and technical assistance with regard to the evaluation of the County’s Assisted Outpatient
Treatment (AOT) program for persons with serious mental illness who demonstrate resistance to voluntarily
participating in behavioral health treatment; for the period from November 16, 2015 through June 30, 2019.
FISCAL IMPACT:
This Contract is funded 100% State Mental Health Services Act (MHSA)
BACKGROUND:
This Contract complies with the provisions of Board Resolution No. 2015/9, adopted February 3, 2015, that directs
the implementation of Laura’s Law (AOT) for a three year term project; continuance to be contingent
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon, 957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan
D.6
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Contract #24-716-1 with Resource Development Associates, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 141
BACKGROUND: (CONT'D)
upon demonstration of the efficacy of court ordered out-patient treatment. Board Resolution No. 2015/9 directs the
Health Services Department to develop an evaluation design that determines the difference, if any, in program
impact and cost savings to the county for individuals who are ordered to participate in services versus those
individuals who voluntarily participate in the same level and type of services. Board Resolution No. 2015/9
further directed the Health Services Department to develop a program design with stakeholder participation, and
to come back to the Board for final approval.
On behalf of the Health Services Department, Contra Costa Behavioral Health Services (CCBHS) convened an
Assisted Outpatient Treatment (AOT) Workgroup consisting of stakeholders, to include representatives of
consumers, family members, the Mental Health Commission, the MHSA Consolidated Planning Advisory
Workgroup (CPAW), and representatives from County Counsel, Superior Court, Public Defender’s Office, and
the Sheriff’s Department. Brown Act protocol was followed, with the public invited to attend and provide public
comment. The AOT Workgroup met on April 23, April 30, and May 19 to consider and draft a program design
that included a section addressing the evaluation of the AOT program.
On June 16, 2015 the Board approved and ordered the implementation of the AOT Program Design. This
approved AOT Program Design included contracting with a Principal Investigator via competitive Request for
Proposal (RFP) to apply an independent, objective social research design… to address whether voluntary versus
involuntary participation makes a difference, and whether the newly implemented service delivery has a better
program impact and cost savings to the County than existing Full Service Partnership (FSP) programs in the
County who are currently serving persons with serious and persistent mental illness. California Welfare and
Institutions Code section 5348 also sets forth requirements for annual evaluation of County AOT programs.
CCBHS staff developed a Scope of Work with fair market value (up to $100,000 annually) needed to construct an
evaluation plan with quantitative and qualitative program and fiscal data to be gathered and analyzed, with reports
to inform Board of Supervisors decision-making with regard to continuance of the AOT Program as currently
designed, and appropriate funding level going forward. CCBHS staff drew upon past experience in developing
similar consultant RFPs, and coordinated with colleague counties for determining fair market value for consultant
all-inclusive hourly rates and number of hours to support scope of work deliverables.
On August 5, 2015, CCBHS published an RFP with specifications, to include responsibility to provide an annual
report to Department of Health Care Services (DHCS) that complied with statutory reporting requirements. The
RFP was shared with all interested stakeholders, and posted on the CCBHS web site.
On October 9, 2015, a panel of subject matter experts, including a Mental Health Commission member and a
cultural competency expert, considered and scored three submitted proposals, and recommended Resource
Development Associates (RDA) to the CCBHS Director to provide the evaluation functions as authorized by the
Board of Supervisors.
Upon notification of award, RDA participated in the AOT Workgroup meeting of November 10, 2015, and shared
with stakeholders and the public their Scope of Work. RDA then proceeded to develop a detailed Evaluation Plan
which is encompassed in the attached Service Work Plan.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, provisions specified for an evaluation of the AOT Program in Board Resolution
No. 2015/9 will not occur, and compliance with statutory reporting requirements to DHCS will be at risk.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
CLERK'S ADDENDUM
Speakers: Margaret L. Netherby, NAMI; Susan Norwick Horocks, resident of Orinda; Duane Chapman,
March 29, 2016 Contra Costa County BOS Official Minutes 142
Speakers: Margaret L. Netherby, NAMI; Susan Norwick Horocks, resident of Orinda; Duane Chapman,
resident of Contra Costa; Douglas Dunn, resident of Antioch (handout attached); Lauren Rettagliata, resident
of Danville.
AGENDA ATTACHMENTS
RDA Contract Forms (without Service Plan and Service Work Plan
Proposed RDA Service Plan
Proposed RDA Service Work Plan AOT Eval
MINUTES ATTACHMENTS
Correspondence Received
March 29, 2016 Contra Costa County BOS Official Minutes 143
Contra Costa County STANDARD CONTRACT Number 24-716-1
Standard Form L-1 (Purchase of Services - Long Form) Fund/Org #As coded
Revised 2014 Account #As coded
Other #
1. Contract Identification.
Department: Health Services — Behavioral Health Services Division/Mental Health
Subject: Consultation and technical assistance with regard to the AB 1421 Assertive
Community Treatment (ACT)Assisted Outpatient Treatment
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the
following named Contractor mutually agree and promise as follows:
Contractor: RESOURCE DEVELOPMENT ASSOCIATES, INC.
Capacity: Corporation
Address: 230 4th Street, Oakland, California 94607
3. Term. The effective date of this Contract is November 16, 2015. It terminates on June 30, 2019 unless
sooner terminated as provided herein.
4. Payment Limit. County’s total payments to Contractor under this Contract shall not exceed
$ 400,000$100,000 annually .
5. County’s Obligations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
6. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the
Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special
Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application and
approval documents of which are incorporated herein by reference: Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 144
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code §§ 26227 and 31000; and all legal authorities cited in the HIPAA Business
Associate Attachment, which is attached hereto and incorporated herein by reference.
10. Signatures. These signatures attest the parties’ agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
By
Chairman/Designee
ATTEST: Clerk of the Board of Supervisors
By XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Deputy
CONTRACTOR
Signature A
Name of business entity
Research Development Associates, Inc.
By
(Signature of individual or officer)
(Print name and title A, if applicable)
Signature B
Name of business entity
Research Development Associates, Inc.
By
(Signature of individual or officer)
(Print name and title B, if applicable)
Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be
signed by two officers. Signature A must be that of the chairman of the board, president, or vice-president; and
Signature B must be that of the secretary, any assistant secretary, chief financial officer or any assistant treasurer
(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth
on form L-2.
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Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2014 Number 24–716-1
Initials:__________ ____________
Contractor County Dept.
Form L-3 (Page 1 of 2)
1. Service Activities. Contractor will provide evaluation of County’s Behavioral Health Services Division
Director with regard to the County’s Assisted Outpatient Treatment Program (“AOT”) authorized by AB
1421 (known as “Laura’s Law”). Contractor will provide reports to County as required by AB1421, codified
at Welfare and Institutions Code section 5345, et seq. Contractor’s services shall be conducted in
accordance with the Work Plan on file for this Contract. A copy of the Work Plan is available in the office
of County’s Behavioral Health Services Division Director located at 1340 Arnold Drive, Suite 200, in
Martinez. Contractor’s services hereunder shall include, but are not limited to, the following:
a. Determine minimum required treatment standards of Assertive Community Treatment for intensive and
highly integrated assisted outpatient treatment for individuals whose symptoms of mental illness result in
serious functioning difficulties in several areas of life, including work, social relationships, residential
independence, money management, physical health and wellness.
b. Compare pre- and post-program intervention using the performance and cost indicators of change in
level of functioning to include successful step down to lower levels of care;
c. Design and implement a program evaluation process that determines the difference in program impact
and cost saving throughout the County for individuals who are ordered to participate in AOT versus
those individuals who participate voluntarily;
d. Prepare annual report to the State Department of Mental Health as required by Welfare and
Institutions Code section 5348.. The report shall include, at a minimum, an evaluation of the
effectiveness of the strategies employed by each program operated pursuant to this article in reducing
homelessness and hospitalization of persons in the program and in reducing involvement with local
law enforcement by persons in the program. The evaluation and report shall also include any other
measures identified by the department regarding persons in the program and all of the following,
based on information that is available:
1. The number of persons served by the program and, of those, the number who are able to
maintain housing and the number who maintain contact with the treatment system.
2. The number of persons in the program with contacts with local law enforcement, and the extent
to which local and state incarceration of persons in the program has been reduced or avoided.
3. The number of persons in the program participating in employment services programs,
including competitive employment.
4. The days of hospitalization of persons in the program that have been reduced or avoided.
5. Adherence to prescribed treatment by persons in the program.
6. Other indicators of successful engagement, if any, by persons in the program.
7. Victimization of persons in the program.
8. Violent behavior of persons in the program.
9. Substance abuse by persons in the program.
10. Type, intensity, and frequency of treatment of persons in the program.
11. Extent to which enforcement mechanisms are used by the program, when applicable.
12. Social functioning of persons in the program.
13. Skills in independent living of persons in the program.
14. Satisfaction with program services both by those receiving them and by their families, when
relevant;
e. Document number and cost of psychiatric crises interventions, such as the County’s Psychiatric
Emergency Service (PES); and
March 29, 2016 Contra Costa County BOS Official Minutes 160
Contra Costa County SERVICE PLAN
Standard Form L-3
Revised 2014 Number 24–716-1
Initials:__________ ____________
Contractor County Dept.
Form L-3 (Page 2 of 2)
f. Provide technical assistance with regard to AOT and evaluation of AOT intervention (recidivism)
engagement in conservatorship and return to previous level of functioning which is a civil court ordered
mental health treatment for persons with serious mental illness who demonstrate that they are resistant to
voluntarily participating in services that have been offered.
2. Performance Reports. Contractor will prepare and submit to County progress reports as may be
required by County’s Health Services Director or the Director’s designee, including, but not limited to
semi-annual reports of its activities due on July 31 and January 31 of each year, as further described in
the Work Plan. Contractor will also provide project status and program updates to County on a monthly
basis.
No later than sixty (60) days following the expiration or termination of this Contract, whichever comes
first, Contractor will prepare and submit to County, a written final activity report which will include, but
will not be limited to, an evaluation of the quantity, quality, and impact of the work undertaken in
conducting services provided under this Contract (the “Final Activity Report”).
3. Attendance at Meetings. Contractor shall attend scheduled meetings with County staff, as required by
County’s Health Services Director, or designee.
4. HIPAA Requirements. Contractor must comply with the applicable requirements and procedures
established by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and any
modifications thereof, including but not limited to, the attached HIPAA Business Associate Attachment,
which is incorporated herein by reference.
March 29, 2016 Contra Costa County BOS Official Minutes 161
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
1
I. Scope of Services
Assisted Outpatient Treatment (AOT) is civil court ordered mental health treatment for persons with
serious mental illness who demonstrate that they are resistant to voluntarily participating in services that
have been offered. Treatment is provided in the community on an outpatient basis, and AB 1421, or
Laura’s Law, has based its minimum required treatment standards on the Assertive Community Treatment
(ACT) model. ACT is intensive and highly integrated outpatient treatment for individuals whose symptoms
of mental illness result in serious functioning difficulties in several major areas of life, often including
work, social relationships, residential independence, money management, and physical health and
wellness. An experienced, highly qualified multidisciplinary team consisting of a psychiatrist, nurse,
behavioral health clinicians, peer providers, and other rehabilitation professionals provide 24/7 mobile,
out-of-office interventions with a low participant to staff ratio. ACT is an evidenced based practice that is
cited by AB 1421 as having been proven to be effective.
Contra Costa Behavioral Health Services (CCBHS, or the County) sought proposals from a qualified
consultant and/or organization (applicant, or bidder) to develop a research design and provide analysis
and evaluation of Assisted Outpatient Treatment services as provided in Contra Costa County. As the
selected applicant, Resource Development Associates will 1) design and implement a program evaluation
that determines the difference, if any, in program impact and cost savings to the County for individuals
who are ordered to participate in behavioral health services versus those individuals who voluntarily
participate in the same level and type of services, and 2) provide a comprehensive annual report to the
County and the State Department of Health Care Services (DHCS) on or before a deadline set by DHCS.
The variables for reporting are detailed in Welfare and Institutions Code Section 5348(d) (1-14), and
require both quantitative and qualitative variables (including conducting interviews with behavioral
health consumers and their families).
II. Types of Mental Health Support/Other Support-Related Activities
The total study period will be three years, with three cohorts representing the above groups established.
Individuals will be matched by age, gender, race/ethnicity, diagnoses, level of severity of psychiatric
disability, income level, and length of active participation in the program. For program and fiscal impact,
cohorts will be compared at pre- and post-program intervention on the performance and cost indicators
of 1) change in level of functioning, to include successful step down to lower levels of care, 2) number and
cost of psychiatric crises interventions, such as the County’s Psychiatric Emergency Service (PES), 3) days
and cost of psychiatric hospital confinement (State and/or local) and incarceration, 4) incidence of
engagement in significant, meaningful participation in the community, 5) engagement in conservatorship,
and 6) return to previous level of functioning prior to AOT intervention (recidivism). For cost savings,
cohorts will be compared at pre- and post-program intervention on County dollars spent on each cohort.
March 29, 2016 Contra Costa County BOS Official Minutes 162
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
2
III. Program Settings/Hours of Operation /Staffing
1. Program Facilities Location
Resource Development Associates
230 4th Street
Oakland, CA 94607
2. Contact Person, Phone Number, and Email
Patricia Bennett, Ph.D.
Phone: 510-488-4345 x105
Email: pbennett@resourcedevelopment.net
3. Program Hours of Operation
8:00 A.M. to 5:00 P.M. – not to exceed 8 hours per day.
4. Program Staffing for Duration of Three Year Study Period
Project Director/Principal Investigator – 485 hours @ $175 per hour
Project Manager – 802 hours @ $150 per hour
Program Associate – 529 hours @ $125 per hour
Research Associate – 865 hours @ $100 per hour
Duke University – 211 hours @ $200 per hour
IV. Volume of Services to be Provided
CONTRACTOR shall:
1. Maintain regular contact, by telephone, e-mail or in person, with COUNTY.
2. Plan and implement a program evaluation process as described herein.
3. Attend all scheduled meetings with/between COUNTY, provider agencies and stakeholders, as
directed by COUNTY. Frequency of meetings shall be mutually determined by COUNTY and
CONTRACTOR;
4. Develop, implement and write semi-annual reports, to include a summary of the research study
and activities. Semi-annual reports are due on or before July 31 and January 31 each year, with
the first semi-annual report due July 31, 2016.
5. Total Hours: 2892 for the duration of the three year study period.
6. This agreement may not be assigned or subcontracted, in whole or in part, without the express
written consent of the County.
March 29, 2016 Contra Costa County BOS Official Minutes 163
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
3
V. Service Documentation
Progress toward deliverables will be documented by:
Phase I: Project Launch Evaluation Planning (November 2015 through April 2016)
Task 1.1: Project Kickoff Meeting with Client. The purpose of the project kickoff meeting is to meet with CCBHS
program leadership to confirm the scope of work, discuss program implementation status as well as any updates
or new information that would influence the evaluation, and establish roles, responsibilities, and communication
pathways. At this meeting, we will also discuss the data and documentation request as well as begin to explore
potential data that may be available and key informants knowledgeable about the data currently collected
Task 1.2 Review of Available Data and Documentation. At the project kickoff meeting, RDA will request any
existing data and documentation that would inform the development of the evaluation plan. This includes any
materials that describe the program (e.g., program reports), existing tracking mechanisms (e.g., tracking logs, AOT
referral form, etc.), and other information identified in the kickoff meeting. This may also include communication
from the Board, MHC, CPAW, or other bodies that may influence the evaluation plan development.
Task 1.3: Key Informant Interviews. RDA plans to engage in brief key informant interviews with CCBHS program
leadership, AOT participating agencies, and contracted providers in order to understand what information is
currently being collected, when, and in what ways. These key informant interviews will also support RDA to
understand what kind and how much training and technical assistance will be necessary for data collection and
evaluation implementation.
Task 1.4: Tool Development and Selection. Immediately following the evaluation work sessions, RDA will prepare
draft evaluation tools. This includes client and family satisfaction surveys, protocols for focus groups and key
informant interviews, secondary data requests and/or data queries, and adaptation of existing tools and/or
selection of new tools to capture individual and program level outcomes.
Task 1.5: Data System and Data Sharing Development. RDA will work with each organization or division
responsible for collecting and providing data to this evaluation to ensure that they have reasonable protocols in
place to collect and transmit data to RDA. This may include:
Survey Gizmo platform for the client and family satisfaction surveys
Tracking logs and/or data queries for quantitative data
Excel templates for client assessment interviews
Secure file transmission process for quantitative data transfers
Task 1.6: Presentation of Draft Evaluation Plan. RDA will present the draft evaluation plan to CCBHS, the
Evaluation Oversight Committee, and the Mental Health Commission for discussion and feedback. The purpose of
March 29, 2016 Contra Costa County BOS Official Minutes 164
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
4
this presentation is to 1) provide information about CCBHS’s progress, 2) receive feedback about the evaluation,
and 3) build evaluation capacity for subsequent participation by the Commission.
Task 1.7: Evaluation Implementation Training. RDA plans to facilitate an evaluation implementation training
session with relevant contracted providers and other departments, to equip them to gather data for the
evaluation. Specific objectives of the training are to continue to build buy-in for the evaluation, maximize all
existing data collection efforts, and prepare the providers to effectively gather high quality data.
Task 1.8: Draft and Final Evaluation Plan. RDA will provide a draft evaluation plan to CCBHS for review and
feedback. The evaluation plan will specify:
Purpose and scope of the evaluation
Evaluation timeline, schedule, milestones and benchmarks
Evaluation questions and logic model that includes individual, program, and systems-level outcomes and
indicators
Method, including data to be collected, data collection tools, process for data storage and transmission, and
analytic approach
Reporting mechanisms, including DHCS reports
Technical assistance and training
Phase I Deliverable by April 30, 2016: Evaluation Plan, Training Materials
Phase II: Data Collection and Analysis (April 2016 through June 2016)
Task 2.1: Secondary Data Collection. RDA will request secondary data from CCBHS and other AOT participating
agencies about service utilization, costs, and other variables defined in the evaluation plan at six month intervals.
This data will include client demographic data, AOT and ACT service utilization data as well as utilization of other
CCBHS funded services (e.g. PES encounters, inpatient bed days, CRT and other residential services, other
outpatient services) and a variety of data from the Sheriff regarding bookings and jail days, courts, probation, and
county counsel.
Task 2.2: Qualitative Data Collection. RDA uses focus groups as one of its primary data collection methodologies.
In our experience, focus groups provide a means of engaging people in a safe and interactive way while gathering
critical feedback from key stakeholders. We find this especially pertinent for underserved or underrepresented
groups. Often, the interplay of personalities and opinions spurs people to recall or say things that they may have
forgotten were they to be interviewed one-on-one. In addition, the focus group format allows participants to be
more open and less likely to respond to the facilitator as an authority figure. We supplement focus groups with
key informant interviews for those individuals that are unlikely to attend a focus group or other discussion (e.g.
Sheriff, County Counsel, Public Defender, Judge or other court representative, CCBHS leadership, etc). We will
conduct ten KIIs with County and program staff, and focus groups with consumers, families/caregivers, and
service providers on an annual basis.
March 29, 2016 Contra Costa County BOS Official Minutes 165
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
5
Task 2.3: AOT Stakeholder Survey Administration. We will develop a survey for the myriad AOT stakeholders.
This survey will assess consumer and family member satisfaction with services received as well as include
questions about implementation and perceived outcomes. The survey will be developed with some general
questions for all AOT stakeholders as well as provide specific questions for different types of stakeholders (e.g.
ACT team members, collaborative court treatment team members, AOT and ACT consumers, family members of
AOT and ACT participants).
Task 2.4: ACT Fidelity Assessments. RDA will administer an ACT fidelity assessment for ACT and AOT services,
based on the Dartmouth ACT Fidelity Scale and SAMHSA ACT Toolkit. This involves interviews with key program
staff and consumers, collection of program delivery data, program observations, and scoring of the assessment
tool. This will be administered by Drs. Hardy and Chambers on an annual basis to all providers providing ACT and
AOT services under the scope of this evaluation.
Task 2.5: Data Analysis: Quantitative and qualitative data will be aggregated, analyzed, and synthesized according
to the methods outlined in the evaluation plan and include descriptive and inferential statistics, qualitative
content analysis, cost and revenue analysis, and integration of findings from the quantitative and qualitative
analyses.
Task 2.6: Ongoing Training and Technical Assistance. On an ongoing basis, RDA will review all data transmitted
for quality and completeness and to identify to improve the quality of the data being collected. We expect to
provide some technical assistance in the form of ongoing evaluation coaching as a result of the data reviews. We
expect this type of coaching will mostly occur in the quarterly CCBHS/provider meetings, although RDA can be
available to provide more tailored evaluation coaching if the need is identified for a specific organization.
Phase II Deliverable by June 30, 2016: Data Workbooks
Phase III: Reporting (July 2016)
Task 3.1: Semi-Annual Evaluation Oversight Committee Meetings: RDA will facilitate semi-annual Evaluation
Oversight Committee meetings. We expect that these meetings will include:
Review of interim evaluation findings
Data collection and transmission questions and issues
Technical assistance to improve data quality
Discussion of what’s working, barriers and gaps, and any other issues that arise
Task 3.2: Presentation of Draft Evaluation Findings. On an annual basis, RDA plans to present evaluation findings
for review and reflection to the CCBHS and the Evaluation Oversight Committee, the Board of Supervisors, the
Mental Health Commission, and the Consolidated Planning Advisory Workgroup (CPAW). The meetings will serve
to provide interim evaluation findings as well as provide a venue for additional data collection about 1) what is
March 29, 2016 Contra Costa County BOS Official Minutes 166
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
6
working well; 2) barriers, needs, and gaps; and 3) other relevant questions. This is a key component for inclusion
of stakeholders in the evaluation and will also serve as a form of qualitative data collection to enrich our shared
understanding of the quantitative data.
Task 3.3: Draft and Final Evaluation Reports. RDA will prepare draft and final evaluation reports, according to the
schedule and specifications set forth by the County and DHCS. We anticipate that reports will include a detailed
evaluation report and PowerPoint presentation; we are also open to considering if there are other types of
reporting and dissemination approaches that may be useful, including journal submissions, presentations, and/or
accessible evaluation briefs for community education. RDA will provide draft evaluation reports to CCBHS for
review and incorporate feedback prior to finalization.
Phase III Deliverable by July 31, 2016: Evaluation Reports
Phase IV: Project Management and Communications (Ongoing)
Task 4.1: Monthly CCBHS Project Meetings/Calls. RDA will schedule monthly calls with CCBHS to review project
status, provide program and evaluation updates, coordinate logistics and timelines, and identify and address any
issues as they arise.
Task 4.2: Project Management: RDA will provide ongoing project management, overseeing day-to-day tasks to
ensure that project components are executed on time. Our collaborative approach ensures that individuals with
the greatest knowledge and skills are used to benefit the project, and that all projects are guided and monitored
for quality assurance. In addition, a senior staff serves as a project manager and is responsible for day-to day
project activities, staff accountability, and communication with our client.
Task 4.3: Evaluation Team Communications: RDA will communicate internally at regular intervals about the
project, through team meetings to discuss updates and progress. We will also have scheduled, ongoing
communications with Drs. Swanson and Swartz from Duke, at every stage of the evaluation. This team approach
ensures that all activities can be completed in a timely fashion and minimizes communication gaps. RDA’s project
manager will develop a work plan, which specifies timelines, products, processes, and check-in points along the
way, which will be updated throughout the project to ensure that the project stays on track.
Phase IV Deliverables: Project call agendas, minutes, and other meeting materials
*At the end of FY 2015-2016, RDA will repeat Phases II- IV for each subsequent year with Data Collection and
Analysis occurring in April - June and October - December and Reporting in July and January.
VI. Billing Procedure
March 29, 2016 Contra Costa County BOS Official Minutes 167
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
7
Contractor shall submit a Demand for Payment (Form: D15.19) for services rendered to Contra Costa
Behavioral Health Services. Contractor shall attach to the billing a Monthly Contract Service/Expenditure
Summary with 1) actual expenditure information for the billing period, and 2) A report of monthly
progress toward achievement of Phase I through IV deliverables.
Demands for payment should be submitted by mail to:
Michelle Nobori, Health Services Planner/Evaluator
Contra Costa Mental Health
1340 Arnold Drive, Suite 200
Martinez, CA 94553
(925) 957-5148
Contractor shall attach to the billing a Monthly Contract Service /Expenditure Summary with the total
number of services and hours provided for the month.
VII. Contract Goal
RDA will provide CBHS with a collaborative evaluation that complies with DHCS reporting requirements; provides
information about the implementation, individual, systems-level, and cost outcomes of AOT implementation.
VIII. Performance Outcome Measure
RDA seeks to answer the following overarching questions related to the implementation of Assisted Outpatient
Treatment/Assertive Community Treatment:
1. How faithful are ACT services to the ACT model?
2. What are the outcomes for people who participate in AOT, including the DHCS required outcomes?
3. What are the differences in demographics, service patterns, psychosocial outcomes, and cost between
those who agree to participate in ACT services without court involvement and those who participate with
an AOT court order or voluntary settlement agreement?
4. What are the differences in demographics, service utilization, psychosocial outcomes, and cost between
those who engage in existing full service partnership services and those who receive ACT services?
The above forms/reports are submitted by fax, mail or email to:
Michelle Nobori, Health Services Planner/Evaluator
Contra Costa Mental Health
1340 Arnold Drive, Suite 200
March 29, 2016 Contra Costa County BOS Official Minutes 168
SERVICE WORK PLAN
Agency: Resource Development Associates, Inc.
Contract: #24-716-1
Fiscal Year: 2015 -2016
Title of Program: Assisted Outpatient Treatment Program Evaluation
Initials: ______ ______
County / Contractor
Revised: _/_ _/_ _
8
Martinez, CA 94553
(925) 957-5148
IX. Reports Required
CONTRACTOR is asked to submit a final report no later than the conclusion of the contract, to
document the outcomes as defined by the CONTRACTOR and approved by the COUNTY.
Please submit final report via email to:
Michelle Nobori, Health Services Planner/Evaluator
Contra Costa Mental Health
1340 Arnold Drive, Suite 200
Martinez, CA 94553
Telephone: (925) 957-5148
Fax: (925) 957-5156
Email: Michelle.Nobori@hsd.cccounty.us
X. Other
Promotional materials for the program should identify the funding source: “Funded by the Mental
Health Services Act in partnership with Contra Costa Mental Health”.
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RECOMMENDATION(S):
1. OPEN public hearing, RECEIVE testimony, and CLOSE public hearing.
2. FIND, on the basis of the whole record before the County, for purposes of compliance with the California
Environmental Quality Act (CEQA), that there is no possibility that the proposed General Plan Amendment will have
a significant effect on the environment, and the project is therefore exempt from CEQA pursuant to CEQA
Guidelines Section 15061(b)(3); and
3. ADOPT the General Plan Amendment, County File #GP16-0001, adding the Contra Costa Transportation
Authority (CCTA) Correspondence Table and minor explanatory text to the 2005-2020 County General Plan Growth
Management Element.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Will Nelson (925) 674-7791
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 7
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Growth Management Element GPA for CCTA Correspondence Table
March 29, 2016 Contra Costa County BOS Official Minutes 185
FISCAL IMPACT:
No impact to the General Fund. The proposed General Plan Amendment is being funded 100% from the Land
Development Fund, FY 2015/2016.
BACKGROUND:
Pursuant to Measure J-2004, the County must comply with the requirements of the Growth Management Program
administered by the CCTA, which includes submittal of the Growth Management Compliance Checklist, to
receive its share of the transportation sales tax revenue allocation (also known as "return-to-source funds") for
local street and road maintenance (approximately $2 million currently). The Checklist is submitted biennially and
demonstrates how the County has complied with the Growth Management Program during the preceding two
years.
At its February 7, 2012, hearing, the Board of Supervisors approved and authorized actions to fulfill compliance
requirements of the Growth Management Program for the 2010/2011 reporting period. Following the Board’s
action, County staff forwarded the Checklist to the CCTA for review.
As part of their review of the Checklist, CCTA staff compares the General Plans submitted by local jurisdictions
to CCTA's adopted Model Growth Management Element. The CCTA's review of the County's Checklist identified
a need to include a “correspondence table” illustrating how the County's General Plan is consistent with
(corresponds to) the CCTA's Model Growth Management Element. County staff submitted the Correspondence
Table to CCTA staff on June 21, 2012, who subsequently requested that the Board of Supervisors approve
inclusion of the Table in the County's Checklist. The Board of Supervisors approved its inclusion on July, 10,
2012, and the CCTA Board accepted the Table at its July 18, 2012, meeting.
The County and CCTA previously agreed that the County would undertake a General Plan Amendment to
incorporate the Correspondence Table into the County General Plan Growth Management Element. In addition to
the Table, staff proposes adding the following heading and explanatory text at page 4-16 of the Growth
Management Element, immediately following the “Central Business District/Major Commercial Center”
definition:
Contra Costa Transportation Authority Model Growth Management Element Correspondence Table
Table 4-2 demonstrates how the policies contained in the County General Plan are consistent with
(correspond to) the policies in the Contra Costa Transportation Authority Model Growth Management
Element. These policies must be consistent for the County to qualify for Measure J transportation sales tax
revenue.
On March 8, 2016, the County Planning Commission voted 5-0 to adopt Resolution #6-2016 (Attachment B)
recommending that the Board of Supervisors finds the proposed project to be exempt from CEQA and adopts the
General Plan Amendment, which consists of the Correspondence Table and minor explanatory text.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not adopt the proposed General Plan Amendment, then it is possible that the CCTA will find the
County to be non-compliant with the Growth Management Program. Such a finding could jeopardize the County's
return-to-source funds.
CLERK'S ADDENDUM
CLOSED the public hearing; FOUND the project is exempt from CEQA; and ADOPTED the General Plan
Amendment, County File #GP16-0001, adding the Contra Costa Transportation Authority (CCTA)
Correspondence Table and minor explanatory text to the 2005-2020 County General Plan Growth
Management Element.
ATTACHMENTS
Attachment A-CCTA Model Growth Management Element Correspondence Table
March 29, 2016 Contra Costa County BOS Official Minutes 186
Attachment B- County Planning Commission Resolution
Attachment C- County Planning Commission Staff Report
Attachment D - Notification Materials
March 29, 2016 Contra Costa County BOS Official Minutes 187
March 29, 2016 Contra Costa County BOS Official Minutes 188
March 29, 2016 Contra Costa County BOS Official Minutes 189
March 29, 2016 Contra Costa County BOS Official Minutes 190
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Attachment D
Notification Materials
March 29, 2016 Contra Costa County BOS Official Minutes 211
March 29, 2016 Contra Costa County BOS Official Minutes 212
NOTICE OF A PUBLIC HEARING
You are hereby notified that on TUESDAY, MARCH 8, 2016, at 7:00 p.m. at the
Department of Conservation and Development, 30 Muir Road, Martinez, California, the
County Planning Commission will consider following matter:
2005-2020 Contra Costa County General Plan – Amendment to
the Growth Management Element (County File: GP#16-0001):
The proposed General Plan Amendment would revise the Growth
Management Element of the 2005-2020 Contra Costa County
General Plan to add the Contra Costa Transportation Authority
(CCTA) Correspondence Table, which demonstrates consistency
between the CCTA Measure J Model Growth Management Element
and the County General Plan.
The County Planning Commission will receive public comment on
the proposed amendment to the County General Plan Growth
Management Element and forward a recommendation to the Board
of Supervisors.
For purposes of compliance with the provisions of the California Environmental Quality Act
(CEQA), the County has determined that the proposed project is exempt from
environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
If you challenge the project in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the County at, or prior to, the public hearing.
For more information, contact the following staff of the Contra Costa County Department of
Conservation and Development, Policy Planning Division, 30 Muir Road, Martinez, California:
Jamar Stamps, Senior Planner, (925) 674-7832.
John Kopchik, Director
Department of Conservation and Development
March 29, 2016 Contra Costa County BOS Official Minutes 213
RECOMMENDATION(S):
ADOPT Resolution No. 2016/137 approving the Memoranda of Understanding between Contra Costa County and
Deputy Sheriffs' Association (DSA) Management Unit and the Memorandum of Understanding between Contra
Costa County and DSA Rank and File Unit, implementing negotiated wage agreements and other economic terms
and conditions of employment, for the period of July 1, 2016 through June 30, 2019.
FISCAL IMPACT:
The terms and conditions set forth in this action have an estimated FY 2016/17 cost of $8.4 million, including $3.0
million in pension costs; FY 2017/18 cost of $16.8 million, including $6.0 million in pension cost; and FY 2018/19
cost of $24.3 million, including $8.7 million in pension cost.
BACKGROUND:
The Deputy Sheriffs' Association Management Unit (DSA-MGMT) and Rank & File Unit (DSA-R&F) reached a
Tentative Agreement with the County on March 11, 2016 and ratified the agreement on Tuesday, March 22, 2016.
The resulting Memoranda of Understanding, which are attached, include modifications to wages and benefits.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources
D. 8
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:Memoranda of Understanding with Deputy Sheriffs Association Management and Rank & File Units
March 29, 2016 Contra Costa County BOS Official Minutes 214
BACKGROUND: (CONT'D)
>
In summary, those changes are:
Term - Section 37.4 (DSA-MGMT) and Section 50.4 (DSA-R&F)
• The terms of both agreements are from July 1, 2016 through June 30, 2019.
General Wages – Section 5.1 (DSA-MGMT and DSA-R&F)
• The base rate of pay for all classifications represented by DSA-MGMT and DSA-R&F will be increased as
follows:
• Effective July 1, 2016, a 5% wage increase
• Effective July 1, 2017, a 5% wage increase
• Effective July 1, 2018, a 5% wage increase
• Effective January 1, 2017, increased additional step described in Section 5.1.D by 2.5% for sworn and
added for non-sworn employees with at least five steps and for Sheriff Dispatchers II’s (64WM).
Duration of Layoff – Section 7.2.H (DSA-MGMT) and Section 11.2.H (DSA R&F)
• Reduce amount of time individuals remain on layoff list from four (4) years to two (2) years.
Holidays - Section 12.1 (DSA R&F)
• Language was added and deleted to clarify that Recruits are excluded from accrual of Personal Holiday credit for
Columbus Day, Admission Day or Lincoln's birthday.
Medical, Dental, and Life Insurance - Section 13 (DSA-MGMT) and Section 17 (DSA-R&F)
• Renamed title from Health, Life, and Dental.
• Updated specific sections with clean-up language.
• Added new sub-section regarding health benefits for employees not otherwise covered to include Affordable
Care Act (ACA) language (Mgmt).
Deferred Compensation – Section 15.1 (DSA-MGMT) and Section 32 (DSA R&F)
• Added Deferred Compensation Loan Provision language.
Management Complaint – Section 19 (DSA-MGMT)
• Changed reference from Director of Human Resources to Employee Relations Officer or designee.
Work Scheduling – Section 20.12 (DSA R&F)
• Renew existing agreement to reopen the provisions of the MOU pertaining to the terms and conditions of
employment for the Sheriff's Dispatcher classifications in the event of a consolidation of Sheriff Dispatch
operations with Fire Dispatch operations.
Transfer - New Section 21.3 (DSA R&F)
• Outlines the transfer process for Sheriff’s Aides and Sheriff’s Specialists.
Grievance Procedure – Section 24 (DSA R&F)
• Changed reference from Director of Human Resources to Employee Relations Officer or designee.
Pay Warrant Errors – Section 25 (DSA-MGMT) and Section 36 (DSA-R&F)
• Repayment schedule will be no longer than three (3) times the length of time the overpayment occurred.
Premium Pays – Section 27 (DSA-R&F)
• Changed differential from $200 per period to five percent (5%) monthly differential (27.1).
• Clarify language to add specific org numbers/locations where Hazard Pay is applicable (27.3).
March 29, 2016 Contra Costa County BOS Official Minutes 215
Health Benefits for Employees Not Otherwise Covered – Section 45 (DSA R&F)
• Deleted existing language and changed section heading for PI employees, added Affordable Care Act (ACA)
language.
Provisional Employee Benefits – Section 42 (DSA-R&F)
• Deleted the entire section.
Definitions (DSA R&F)
• Expanded the definition of Project Employees.
Scope of Agreement - Section 37.1 (DSA MGMT) and Section 50.1 (DSA R&F)
• 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.
Clean-up
• Sections of the Rank and File MOU were reordered and renumbered including Longevity, which was moved for
consistency sake from Sections 27.5 and 27.6 to Section 5 - Salaries.
CONSEQUENCE OF NEGATIVE ACTION:
The current Memoranda of Understanding (MOU) with the Deputy Sheriffs Association could expire without a
successor MOU in place.
CLERK'S ADDENDUM
Speaker: Shawn Welch, Deputy Sheriff's Association.
AGENDA ATTACHMENTS
Resolution No. 2016/137
Deputy Sheriffs Association Management Unit MOU 7-1-16 thru 6-30-19
Deputy Sheriffs Association Rank & File MOU 7-1-16 thru 6-30-19
MINUTES ATTACHMENTS
Signed Resolution No. 2016/137
March 29, 2016 Contra Costa County BOS Official Minutes 216
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/137
In The Matter Of: Memorandum of Understanding with Deputy Sheriffs' Association Management Unit and Rank & File Unit,
for the period of July 1, 2016 through June 30, 2019.
The Contra Costa Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa,
RESOLVES THAT:
The Memorandum of Understanding (MOU) between Contra Costa County and Deputy Sheriffs' Association, Management
Unit providing for wages, benefits and other terms and conditions of employment for the period beginning July 1, 2016
through June 30, 2019, for those classifications represented by the Deputy Sheriffs' Association Management Unit is
ADOPTED. A copy of the MOU is attached.
1.
The Memorandum of Understanding (MOU) between Contra Costa County and Deputy Sheriffs' Association, Rank and
File Unit providing for wages, benefits and other terms and conditions of employment for the period beginning July 1, 2016
through June 30, 2019, for those classifications represented by the Deputy Sheriffs' Association Rank and File Unit is
ADOPTED. A copy of the MOU is attached.
2.
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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 217
March 29, 2016Contra Costa County BOS Official Minutes218
MEMORANDUM OF
UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
JULY 1, 2016 – JUNE 30, 2019
March 29, 2016Contra Costa County BOS Official Minutes 219
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ............................................................... 3
1.2 Association Business .................................................................... 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ............................................................................ 4
2.2 Maintenance of Membership ........................................................ 4
2.3 Withdrawal of Membership ........................................................... 4
2.4 Communicating With Employees .................................................. 4
2.5 Use of County Buildings ............................................................... 5
2.6 Advance Notice ............................................................................. 6
2.7 Assignment of Classes to Bargaining Units .................................. 6
SECTION 3 NO DISCRIMINATION .................................................................. 6
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ................................................................ 7
4.2 Association Representatives ........................................................ 7
4.3 Union Release Time Bank - Limited Pilot Program....................... 7
SECTION 5 SALARIES
5.1 General Wages ............................................................................. 7
5.2 Entrance Salary ............................................................................ 8
5.3 Anniversary Dates ........................................................................ 8
5.4 Increments Within Range ............................................................. 9
5.5 Part-Time Compensation .............................................................. 9
5.6 Compensation for Portion of Month ............................................ 10
5.7 Position Reclassification ............................................................. 10
5.8 Salary Reallocation & Salary on Reallocation ............................. 10
5.9 Salary on Promotion ................................................................... 11
5.10 Salary on Involuntary Demotion .................................................. 11
5.11 Salary on Voluntary Demotion .................................................... 11
5.12 Transfer ...................................................................................... 12
5.13 Pay for Work in Higher Classification ......................................... 12
5.14 Payment ..................................................................................... 13
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ................................................................................... 14
6.2 Time Reporting/Time Stamping .................................................. 15
SECTION 7 SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
7.1 Workforce Reduction .................................................................. 16
7.2 Separation Through Layoff ......................................................... 17
7.3 Notice ......................................................................................... 20
March 29, 2016 Contra Costa County BOS Official Minutes 220
7.4 Special Employment Lists ........................................................... 20
7.5 Reassignment of Laid off Employees ......................................... 20
SECTION 8 HOLIDAYS
8.1 Holidays Observed ..................................................................... 20
8.2 Holiday is NOT Worked and Holiday
Falls on Scheduled Work Day .................................................... 21
8.3 Holiday is NOT Worked and Holiday
Falls on Scheduled Day Off ........................................................ 22
SECTION 9 VAC ATION LEAVE
9.1 Vacation Allowance .................................................................... 22
9.2 Vacation Accrual Rates .............................................................. 23
9.3 Accrual During Leave Without Pay ............................................. 23
9.4 Vacation Allowance for Separated Employees ........................... 23
9.5 Pro-rated Accruals ...................................................................... 23
9.6 Vacation Leave on Reemployment From a Layoff List ............... 23
SECTION 10 SICK LEAVE
10.1 Purpose ...................................................................................... 24
10.2 Accrual ........................................................................................ 24
10.3 Administration of Sick Leave ...................................................... 26
10.4 Disability ..................................................................................... 27
10.5 Workers’ Compensation ............................................................. 29
10.6 Accrual During Leave Without Pay ............................................. 30
SECTION 11 LEAVE OF ABSENCE
11.1 Leave Without Pay ..................................................................... 30
11.2 General Administration – Leaves of Absence ............................. 30
11.3 Family Care or Medical Leave .................................................... 31
11.4 Pregnancy Disability Leave ......................................................... 33
11.5 Group Health Plan Coverage ...................................................... 33
11.6 Leave Without Pay - Use of Accruals ......................................... 34
11.7 Military Leave .............................................................................. 34
11.8 Return From Leave of Absence .................................................. 35
11.9 Appeal of Denial ......................................................................... 35
11.10 Salary Review While on Leave of Absence ................................ 35
11.11 Unauthorized absence ................................................................ 36
SECTION 12 JURY DUTY AND WITNESS DUTY
12.1 Jury Duty ..................................................................................... 36
12.2 Witness Duty .............................................................................. 37
SECTION 13 MEDICAL, DENTAL AND LIFE INSURANCE
13.1 Health Plan ................................................................................. 37
13.2 Contra Costa Health Plan (CCHP).............................................. 37
13.3 CalPERS Health Plan Monthly Premium Subsidy ...................... 37
13.4 Dental Plan ................................................................................. 38
13.5 Dental Plan Contribution ............................................................. 38
13.6 Orthodontia Coverage ................................................................ 39
13.7 Rate Information ......................................................................... 39
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13.8 Life Insurance Benefit Under Health and Dental Plans .............. 39
13.9 Life Insurance Contribution ......................................................... 39
13.10 Premium Payments .................................................................... 40
13.11 Extended Coverage .................................................................... 40
13.12 Retirement Coverage .................................................................. 40
13.13 Dual Coverage ............................................................................ 41
13.14 Employee Assistance Program ................................................... 42
13.15 Health Care Spending Account .................................................. 42
13.16 Dependent Care Assistance Program ........................................ 43
13.17 Premium Conversion Plan .......................................................... 43
13.18 Prevailing Section ....................................................................... 43
13.19 Health Benefits for Employees Not Otherwise Covered ............. 43
SECTION 14 PROBATIONARY PERIOD
14.1 Revised Probationary Period ...................................................... 43
14.2 Criteria ........................................................................................ 43
14.3 Rejection During Probation ......................................................... 44
14.4 Regular Appointment .................................................................. 44
14.5 Layoff During Probation .............................................................. 45
SECTION 15 GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
15.1 Incentives.................................................................................... 45
15.2 Differentials ................................................................................. 47
15.3 Leaves & Pay for Time Not Worked ........................................... 47
15.4 Benefits & Allowances ................................................................ 48
15.5 Terms & Conditions of Employment ........................................... 51
15.6 Officer of the Day Program ......................................................... 51
15.7 Holiday is Not Worked by F-T Lieutenants who are
Assigned to the Officer of the Day Program ............................... 53
15.8 Holiday is WORKED by Lieutenants Who are
Assigned to the Officer Of the Day Program and
Holiday Falls on Scheduled Work Day ....................................... 53
15.9 Holiday is WORKED by Lieutenant Assigned to the Officer
of the Day Program and Holiday Falls on Scheduled Day Off .... 53
15.10 Time Reporting and Pay Practices Waiver ................................. 53
SECTION 16 PROMOTION
16.1 Competitive Exam ....................................................................... 54
16.2 Promotion Policy ......................................................................... 54
16.3 Open Exam ................................................................................. 54
16.4 Promotion Via Reclassification Without Exam ............................ 54
16.5 Requirements for Promotional Standing ..................................... 54
16.6 Seniority Credits ......................................................................... 54
16.7 Physical Examination .................................................................. 55
SECTION 17 RESIGNATIONS
17.1 Resignation in Good Standing .................................................... 55
17.2 Constructive Resignation ............................................................ 55
17.3 Effective Resignation .................................................................. 55
17.4 Revocation .................................................................................. 55
March 29, 2016 Contra Costa County BOS Official Minutes 222
17.5 Coerced Resignations ................................................................ 55
SECTION 18 DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action ...................................................... 56
18.2 Skelly Requirements - Notice of
Proposed Action (Skelly Notice) ................................................. 57
18.3 Employee Response ................................................................... 57
18.4 Leave Pending Employee Response .......................................... 58
18.5 Length of Suspension ................................................................. 58
18.6 Procedure on Dismissal, Suspension
or Disciplinary Demotion ............................................................. 58
SECTION 19 MANAGEMENT COMPLAINT PROCEDURE
19.1 Definition ..................................................................................... 58
19.2 Compensation Complaints .......................................................... 59
19.3 Strike/Work Stoppage ................................................................. 60
19.4 Merit Board ................................................................................. 60
19.5 Filing by Association ................................................................... 60
19.6 Letters of Reprimand .................................................................. 60
19.7 Corrective Counseling System .................................................... 60
SECTION 20 DEPARTMENT INVESTIGATIONS ............................................ 62
SECTION 21 LABOR/MANGAEMENT COMMITTEE ...................................... 62
SECTION 22 RETIREMENT CONTRIBUTION
22.1 Safety Retirement Tier Elections - Employees Hired
or Rehired Before January 1, 2013 ............................................. 62
22.2 Tier A - Thirty Years of Continuous
Service as a Safety Member ....................................................... 64
22.3 Safety Retirement Tier C - Employees Hired or Rehired
after December 31, 2006, but Before January 1, 2013 ............... 64
22.4 Safety Retirement Benefit - Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ............ 65
22.5 Retirement Benefit - Non-Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ............ 65
SECTION 23 SAFETY ...................................................................................... 66
SECTION 24 MILEAGE ................................................................................... 66
SECTION 25 PAY WARRANT ERRORS ......................................................... 66
SECTION 26 PROVISIONAL APPOINTMENT ................................................ 66
SECTION 27 PERSONNEL FILES .................................................................. 67
SECTION 28 SERVICE AWARDS ................................................................... 68
March 29, 2016 Contra Costa County BOS Official Minutes 223
SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES &
CHARGE FOR DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses ............................................ 68
29.2 Charge for Detention Division Meals .......................................... 69
SECTION 30 COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY
30.1 Conditions ................................................................................... 69
30.2 Policies & Practices .................................................................... 70
SECTION 31 UNFAIR LABOR PRACTICE ...................................................... 70
SECTION 32 LENGTH OF SERVICE DEFINITION
(for service awards & vacation accruals) ............................... 70
SECTION 33 UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance ...................................................................... 70
33.2 Uniform Allowance Method Of Payment ..................................... 70
33.3 S.W.A.T. Uniform........................................................................ 70
SECTION 34 PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate .............................. 71
34.2 Advanced P.O.S.T. Certificate .................................................... 71
34.3 Intermediate P.O.S.T. Certificate ................................................ 71
SECTION 35 CRITICAL INCIDENT ................................................................. 71
SECTION 36 ADOPTION ................................................................................. 72
SECTION 37 SCOPE OF AGREEMENT & SEVERABILITY OF PROVISIONS
37.1 Scope of Agreement ................................................................... 72
37.2 Severability of Provisions ............................................................ 72
37.3 Personnel Management Regulations .......................................... 72
37.4 Duration of Agreement................................................................ 72
ATTACHMENT
March 29, 2016 Contra Costa County BOS Official Minutes 224
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
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
joint recommendations of the undersigned for salary and benefits for the term as set
forth herein.
March 29, 2016 Contra Costa County BOS Official Minutes 225
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy Sheriffs' Association.
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.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
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 classifications.
Director of Human Resources: The person designated by the County Administrator
to serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
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/her
return.
Employment List: A list of persons who have been found qualified for employment in
a specific class.
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
have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
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.
March 29, 2016 Contra Costa County BOS Official Minutes 226
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
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.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
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 (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
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.
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.
Resignation: The voluntary termination of permanent service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
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 - RECOGNITION
1.1 Association Recognition. The Association is the formally recognized employee
organization for the Deputy Sheriffs' Management Unit and such organization has been
March 29, 2016 Contra Costa County BOS Official Minutes 227
certified as such pursuant to Chapter 34-12 of Board of Supervisor's Resolution
81/1165 by Board Order dated September 21, 1993. Represented classes in this unit
are:
Captain (6XDA)
Sheriff’s Chief of Forensic Services (6DDB)
Lieutenant (6XHA)
Administrative Lieutenant (6XHB)
Deputy Sheriff Forensic Manager (6DGA)
1.2 Association Business. All elected members of the Board of the governing
body of the DSA and any general member having agendized business before the Board
requiring the member's personal appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The supervisor of the member shall be empowered to grant release time, if the granting
of same would not require added costs (i.e., overtime or replacement by a temporary
employee). Operational impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
2.2 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 Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31 of the agreed upon contract terms, any
employee may withdraw from Association membership and discontinue paying dues as
of the payroll period commencing September 1 of the current contract year,
discontinuance of dues payments to then be reflected in the October 10th paycheck of
the current contract year. Immediately upon the 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.
2.4 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
March 29, 2016 Contra Costa County BOS Official Minutes 228
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a.to post literature on bulletin boards;
b.to arrange for use of a meeting room;
c.to leave and/or distribute a supply of literature as indicated above;
d.to represent an employee on an appeal, and/or to contact an Association officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.5 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 and its use by the Association is scheduled twenty-four
(24) hours in advance;
b.there is no additional 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.
March 29, 2016 Contra Costa County BOS Official Minutes 229
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is prohibited,
even though it may be present in the meeting area.
2.6 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 designated 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 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 designated 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.
2.7 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 Labor Relations
Manager 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
determination.
b. Final Determination. This 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. The Labor Relations Manager 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-day period in Subsection (b), unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for determination
shall conform to those in Subsections (d) through (I) of Section 34-12.008 of
Board of Supervisors' Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because
March 29, 2016 Contra Costa County BOS Official Minutes 230
of age. There shall be no discrimination against any disabled person solely because of
such disability unless that disability prevents the person from meeting the minimum
standards established for a position or from carrying out the duties of the position
safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Association 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;
b. if their attendance is sought by a hearing body for presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times
agreeable to all parties required to address appeals filed pursuant under Section
24 - Management Complaint Procedure of this MOU;
d. 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 or his designee, and the County
agency calling the meeting is responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives. Official representatives of the Deputy Sheriffs'
Management Unit 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
Labor Relations Manager 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 Manager, and that
advance arrangements for the time away from the work station or assignment are made
with the appropriate department head or his designee.
4.3 Union Release Time Bank – Limited Pilot Program. The parties agree to
continue negotiations to develop this limited pilot program for utilization by both the
Management Unit and Rank and File Units of the DSA.
SECTION 5 – SALARI ES
5.1 General Wages.
The base rate of pay for all classifications represented by the Deputy Sheriffs’
Association, Management Unit, will be increased as follows:
March 29, 2016 Contra Costa County BOS Official Minutes 231
A. Effective July 1, 2016, or the first of the month following adoption by the Board of
Supervisors, whichever comes later. 5.0%
B. Effective July 1, 2017 5.0%
C. Effective July 1, 2018 5.0%
D. Sixth Salary Step: Beginning January 1, 2008, (Sworn) classifications with five
(5) steps in the salary range shall be eligible for an additional salary step in the
amount of two and one-half percent (2.5%) upon meeting both of the following
two conditions: 1) Have a total of sixty (60) months of Contra Costa County
service in a sworn classification in the Office of the Sheriff and 2) Have eighteen
(18) months at the top step of a salary range in a classification listed in
Attachment A – Deputy Sheriff’s Management Unit (V#) Class Listing. Effective
January 1, 2017, the sixth salary step described in this paragraph will be
increased by two and one-half percent (2.5%) for a total additional step of five
percent (5%) and will remain subject to the same eligibility conditions.
E. Effective January 1, 2017, employees in classifications listed in Attachment A
who are not sworn and with at least five (5) steps in the salary range, will be
eligible for an additional salary step in the amount of two and one-half percent
(2.5%) upon meeting both of the following two conditions: 1) Have a total of sixty
(60) months of Contra Costa County service in the Office of the Sheriff, and 2)
Have eighteen (18) months at the top step of a salary range in a classification
listed in Attachment A.
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.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, 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 Section 5.3.a 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.
March 29, 2016 Contra Costa County BOS Official Minutes 232
d. Transfers, Reallocations and Reclassifications. 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. Reemployments. 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, the anniversary of an
employee who is appointed to a classified position from 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 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 Section 5.3 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, except as otherwise provided in deep-class resolutions. 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 the 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 full-time employee under the provisions of this Section 5 as the number of hours
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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 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 Section 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
allocated 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. In the event that 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 5.8.A above, 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. In the event
that 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.
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C. In the event an employee is in a position which is reallocated to a different class
which is 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.
In the event that 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 received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8.
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 shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event 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.
In the event of the promotion 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 an
increase of less than five percent (5%), in which case the salary shall be adjusted to the
step in the new range which is five percent (5%) greater than the next higher step, if the
new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event 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.
March 29, 2016 Contra Costa County BOS Official Minutes 235
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee 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 employee shall be placed at the step which is next lower than the
salary received in the old range. If the transfer is to a deep class, the provisions of the
deep class resolution on salary of transfers, if any, shall apply in lieu of the above
provisions.
5.13 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 Section 5.9 - Salary on Promotion of this MOU,
commencing on the eleventh (11th) work day of the assignment, under the following
conditions:
a. The 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.
b. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties 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. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this MOU.
e. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
h. Any incentives and special differentials accruing to the employee in his/her
permanent position shall continue unless the employee is no longer performing
the duties which warrant the differentials.
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i. 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.
j. 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.
5.14 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 an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14, 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.
Direct Deposit Provisions. No later than July 1, 2002, all employees shall voluntarily
authorize and make arrangements for the direct deposit of their paychecks via
electronic fund transfer into the financial institution of their choice using forms approved
by the Auditor-Controller and subject to Labor Code section 213. Employees will have
their payroll advice statements mailed to their address on file with the County.
As a condition of continued employment, all employees hired into classifications
represented by the DSA on or after July 1, 2002, shall voluntarily authorize and make
arrangements for the direct deposit of their paychecks via electronic fund transfer into
the financial institution of their choice using forms approved by the Auditor-Controller,
subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided consent
for direct deposit as outlined above, may choose to opt out of direct deposit at a later
date. Individual employees that opt-out of direct deposit will have their pay warrant
mailed to their address on file with the County under regular County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall distribute pay
warrants and/or pay warrant advices via United States mail. Pay warrant and pay
March 29, 2016 Contra Costa County BOS Official Minutes 237
warrant advices shall be mailed directly to each employee’s address on file with the
County subject to the following:
a. If an employee has not received his/her pay warrant or pay warrant advice five
(5) calendar days following the mailing of said warrant or advice, and upon
request of the employee, the County shall issue a replacement pay warrant or
pay warrant advice within twenty-four (24) hours of receiving the employee’s
request for a replacement.
b. Payroll errors shall be corrected as follows:
1. Errors of two hundred dollars ($200) gross or more will be corrected within
five (5) working days.
2. Errors amounting to less than two hundred dollars ($200) gross, shall be
adjusted the next pay period.
3. The hardship requirement will no longer apply to payroll corrections.
4. Request for payroll corrections shall be forwarded by the Department, not
by the employee, to the Auditor’s Payroll Division.
5. Payroll adjustments would be by a paper check as opposed to an
electronic transfer.
6. Items 1 through 5 above notwithstanding, the provisions of Section 25 –
Pay Warrant Errors of the current DSA MOU remain in force and effect.
c. There shall be no fee to employees for the processing of pay warrants and/or
pay warrant advices, or for the correction of payroll errors.
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. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 4/10, 9/80, or Coroner’s Bureau “Living in Positions” work
schedule and where the employee is not scheduled to work more than 40 hours
in the work week or 171 hours in the work period as defined in Subsection H.
and I., below.
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D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Coroner’s Division “Living-In Positions” Work Schedule: The work schedule
for employees in the Coroner's Division filling "living-in positions" consists of
three (3) twenty-four (24) hour shifts during a nine (9) calendar day period. The
general order of the work shifts is as follows: 24-hour on duty; 24-hour off duty;
24-hour on duty; 24-hour off duty; 24-hour on duty; followed by four (4)
consecutive days off.
G. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, flexible, and 4/10 work
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
H. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
I. Work Period for Sworn Employees: For sworn employees in classifications
listed in Attachment A of the DSA Management Unit (V#), the work period is
between seven and 28 consecutive days long.
6.2 Time Reporting/Time Stamping:
Permanent Intermittent (hourly) employees must timestamp in and out as they
begin their work shifts, finish their work shifts, and take meal periods. Salaried
employees will report time off and time worked for special pays on the electronic
timecard.
March 29, 2016 Contra Costa County BOS Official Minutes 239
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
7.1 Workforce Reduction. In the event that 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. 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).
e. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
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.
f. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
March 29, 2016 Contra Costa County BOS Official Minutes 240
7.2 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 a department shall be based on inverse
seniority in the class of positions, the employee in that 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 a permanent-intermittent or 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 of 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.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
tively.
2. A permanent full time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class or, 2) in a class of the
same or lower salary level if no full time 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. 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
March 29, 2016 Contra Costa County BOS Official Minutes 241
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
other classes 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 period of layoff eligibility.
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 has 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 as a result of a layoff or displacement, or who
have voluntarily demoted in lieu of layoff or displacement or who have
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 and 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.
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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 who 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.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1. For any cause stipulated in Section 404.1 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.
7. 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.
March 29, 2016 Contra Costa County BOS Official Minutes 243
7.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
7.4 Special Employment Lists. The County will establish a TET 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).
7.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time or intermittent 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 each 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 8 - HOLIDAYS
8.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
Third Monday in February, known as President's 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
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
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.
March 29, 2016 Contra Costa County BOS Official Minutes 244
For employees who work in twenty-four (24) hour facilities and are assigned to rotating
shifts, any holiday that falls on a Saturday will be observed on a Saturday, and any
holiday that falls on a Sunday will be observed on a Sunday.
B. Each full-time employee will accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in one (1) minute increments,
and preference of personal holidays will 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 credit. On separation from
County service, an employee will be paid for any unused personal holiday credits
at the employee’s then current pay rate.
8.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holiday Observed – Full-time Employees: Full-time employees are entitled to
observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County.
B. Holiday Observed in Excess of Eight (8) hours – Full-time Employees:
When a holiday falls on a full-time employee’s scheduled workday, the employee
is entitled to only eight (8) hours off without a reduction in pay. If the workday is
a nine (9) hour day, the employee must use one (1) hour of non-sick leave
accruals. If the workday is a ten (10) hour day, the employee must use two (2)
hours of non-sick leave accruals. If the workday is a twelve (12) hour day, the
employee must use four (4) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP)
will be authorized.
C. Holiday Observed- Part-time Employees: Whenever a holiday is observed by
the County, a part-time employee is entitled to observe the holiday (hours off) in
the same ratio as his/her number of position hours bears to forty (40) hours,
multiplied by eight (8) hours, without a reduction in pay. For example, a part-
time employee whose position hours are 24 hours per week is entitled to 4.8
hours off work on a holiday (24/40 multiplied by 8 = 4.8). Hereinafter, the
number hours produced by this calculation will be referred to as the “part-time
employee’s holiday hours.”
D. Holiday Observed in Excess of Eight (8) hours - Part-time Employees:
When a holiday falls on a part-time employee’s scheduled workday, the
employee is entitled to only the “part-time employee’s holiday hours” off without a
reduction in pay. For example, if the workday is a six (6) hour day and the
employee is a 24/40 hour employee entitled to 4.8 hours off without a reduction
of pay in recognition of the holiday, the employee must use 1.2 hours of non-sick
leave accruals. If the employee does not have any non-sick leave accrual
balances, leave without pay (AWOP) will be authorized.
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8.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by the County on the
scheduled day off of a full-time employee, the employee is
entitled to take eight (8) hours off, without a reduction in pay, in recognition of the
holiday.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a holiday is observed by the County on the
scheduled day off of a part-time employee, in recognition of the holiday the
employee is entitled to take the amount of “part-time employee’s holiday hours”
off without a reduction in pay.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a part-time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a part-time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to take the amount of “part-time employee’s holiday hours” off
without a reduction in pay in recognition of his/her regularly scheduled day
off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
SECTION 9 - VACATION LEAVE
9.1 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
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calculated on the same basis as for partial month compensation pursuant to Section
5.5 of this MOU.
Vacation credits may be taken in one (1) minute increments and may not be rounded.
Vacation 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.
9.2 Vacation Accrual Rates. All employees shall accrue vacation credit as follows:
Monthly Maximum
Accrual 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 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
9.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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.
Exception: Employees on unpaid military leave shall accrue vacation credits.
9.4 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.
9.5 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided in
Resolution 81/1165, Section 32-2.006.
9.6 Vacation Leave on Reemployment From a Layoff List. Employees with six
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.
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SECTION 10 - SICK LEAVE
10.1 Purpose. The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may be used
only as authorized; it is not paid time off which employees may use for personal
activities.
10.2 Accrual. 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 (1)
minute increments and may not be rounded. Unused sick leave credits accumulate
from year to year. When an employee is separated, other than through retirement,
accumulated sick leave credits shall be cancelled, unless the separation results from
layoff in which case the accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
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:
a. An employee may use paid sick leave credits when the employee is off work
because of a temporary illness or injury.
b. 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 conditions listed below. For the purposes of this
Section 10, permanent disability shall mean the employee suffers from a
disabling physical injury or illness and is thereby prevented from engaging in any
County occupation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due to disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability. The appointing authority may review medical
evidence and order further examination as he deems necessary, and may
terminate use of sick leave when such further examination demonstrates
that the employee is not disabled, or when the appointing authority
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determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits while
under a physician's orders to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Every female employee shall be
entitled to at least four (4) months leave of absence on account of pregnancy
disability and to use available sick leave or vacation pay entitlements during such
leave.
1. 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. The appointing authority retains the
right to medical review of all requests for such leave.
2. If a female employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform her
work or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the County, and the cost of such
examination shall be borne by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. If all accrued sick leave has been utilized by the employee the employee
shall be considered on leave without pay. 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
date of the employee's recovery from such disability.
e. Medical & Dental Appointments. An employee may use paid sick leave credits
for medical and dental appointments as follows:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year) used by an
employee for pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home and for children
and parents who may reside outside of the employee's home. Such use of
sick leave credits shall be accounted for by the department on a fiscal
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year basis. Any balance of the forty (40) hours remaining at the end of the
fiscal year shall not be carried over to the next year; departments shall
notify the employee if the maximum allowance is reached. Authorization to
use sick leave for this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of sick leave which
employees may charge.
f. Emergency Care of Family. An employee may use paid sick leave for working
time used in cases of illness, or injury to, an immediate family member living in
the employee's home, or for children and parents who may reside outside of the
employee's home.
g. Death of Family Member. An employee may use said sick leave credits for
absence from work because of a death in the employee's immediate family, but
this shall not exceed three (3) working days plus up to two (2) days of work time
for necessary travel.
h. Definition of Immediate Family. For the purposes of this Section 10 the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law or domestic partner of an employee.
10.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be
used in the following situations:
a. Self-inflicted Injury. For time off from work for an employee's illness or injury
caused by his or her willful misconduct.
b. Vacation. For an employee's illness or injury while the employee is on vacation
except when extenuating circumstances exist and the appointing authority
approves.
c. Not in Pay Status. When the employee would otherwise be eligible to use paid
sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. Employees are responsible for notifying their respective division of an
absence as early as possible prior to the commencement of their work shift and in
accordance with divisional operational requirements. Notification shall include the
reason and possible duration of the absence. Employees are responsible for keeping
their department informed of their continuing condition and probable date of return to
work. Employees are responsible for obtaining advance approval from their appointing
authority or designee for the schedule time of prearranged personal or family medical
and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse of
sick leave on the part of the employee is cause for disciplinary action. To ascertain the
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propriety of claims against sick leave, the department head may make such
investigations as he deems necessary including medical verification of illness.
10.4 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 l937. 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 employees’ 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 employee's paid time, a physical, medical and/or
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 (2) 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 or
psychologist, 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
deems necessary in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, 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;
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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 certified mail, effective either upon personal
delivery or deposit in the U.S. 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
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.
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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 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 restricted as follows:
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
b. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
c. 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.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's Association.
10.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor
Code 4850 who are members of the Contra Costa County Retirement System
continue to receive full salary benefits in lieu of temporary disability during any
absence from work which qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness. To be
eligible for this benefit the employee must be under the care of a physician. All
4850 pay shall be approved by the County Administrator's Office, Risk
Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance
with the provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured employee remains eligible for
Workers' Compensation temporary disability benefits beyond one (1) year, full
salary will continue by integrating sick leave and/or vacation accruals with
Workers' Compensation benefits (use of vacation accruals must be approved by
the department and the employee). If salary integration is no longer available
because accruals are exhausted, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
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D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and who has
exhausted 4850 pay eligibility will continue to receive full salary by integrating
sick leave and/or vacation accruals with Workers' Compensation rehabilitation
temporary disability benefits. When these accruals are exhausted, the
rehabilitation temporary disability benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the 4850 pay period and during integration of sick leave
or vacation with Workers' Compensation benefits.
F. Integration Formula. 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/day (in hrs.)
W = Statutory Workers' Compensation per mo.
S = Monthly salary
10.6 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.
SECTION 11 - LEAVE OF ABSENCE
11.1 Leave Without Pay. Any employee who has permanent status in the classified
service 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.
11.2 General Administration - Leaves of Absence. 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.
A. Leave without pay may be granted for up to one (1) year for any of the following
reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
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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 should request a leave of absence 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 employer within five
(5) days of learning of the event by which the need for a leave of absence arises.
C. An 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.
11.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of absence under Section 15,
the following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee, or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
2. Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. Spouse: A partner in marriage as defined in Family Code Section 297.
4. Domestic Partner: As defined in Family Code Section 297.
5. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
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c. an estimate of the amount of time which the employee needs to
render care or supervision;
d. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
e. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
work schedule leave is necessary for the care of the individual or
will assist in their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. a statement that the employee is unable to perform the functions of
the employee's job;
d. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced work schedule leave and its expected
duration.
8. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
B. Section 11.2 notwithstanding, any employee who has permanent status, been
employed by the County for at least twelve (12) months and who have worked at
least 1250 hours in the previous 12 month period shall upon request to the
appointing authority, for a leave of absence due to the employee’s serious health
condition or for family care (FMLA) shall be granted to an employee who
requests it for up to twelve (12) weeks during a rolling twelve (12) month period
(measured backward from the date an employee uses any FMLA leave) in
accordance with the following provisions:
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Example: An employee takes time away from work due to the birth of their child
in May. The leave period lasts twelve (12) weeks. In November, they are
scheduled for surgery. Their leave request in November cannot be counted
towards FMLA because they have already utilized their twelve (12) week
entitlement during their leave in May.
1. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
2. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
Notwithstanding the above, the Sheriff may in his/her discretion, on a case by case
basis, waive the 1250 hour requirement.
C. Intermittent Use of Leave. The twelve (12) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 11.6.B below. When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the twelve (12) week
entitlement.
D. Use for Spouse. In the situation where husband and wife are both employed by
the County, the family care or medical leave entitlement based on the birth,
adoption or foster care of a child is twelve (12) weeks each during each calendar
year period.
11.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 10.2.D - Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family care leave period.
11.5 Group Health Plan Coverage.
A. During Leave of Absence. 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 in pay status as described in Section 11.6. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
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maintain their group health plan coverage, either through payroll deduction or by
paying the County directly.
B. During Medical or Family Care Leave. During the twelve (12) weeks of an
approved medical or family care leave under Section 11.3 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 Section 11.6. 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.
11.6 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 at least 0.1 hour of available sick leave (if so entitled under Section 10 -
Sick Leave), vacation, floating holiday, compensatory time off 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 SDI/Sick Leave Integration.
B. Family Care or Medical Leave (FMLA). During the twelve (12) weeks of an
approved medical or family care leave, 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 Section 10 - Sick Leave), vacation, floating
holiday, compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under subsection A
above.
C. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 10 - Sick Leave.
11.7 Military Leave. Any employee who is required 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. An employee who volunteers for such service shall be granted a leave
of absence if necessary 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, by reason 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.
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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.
11.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has been granted a leave without
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 early return provided, however, that less notification
may be approved at the discretion of the appointing authority or his/her
designee. Early return is subject to prior approval by the appointing authority.
The Human Resources Department shall be notified promptly of such return.
B. Leave of Absence 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.
C. Leave of Absence Replacement. In case of severance from service or
displacement by reason of the reinstatement of a permanent employee returning
from a leave of absence, the provisions of Section 7 - Seniority, Workforce
Reduction, Layoff, & Reassignment shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. 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 720 hours, including use of accruals, of
intermittent or reduced work 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.
11.9 Appeal of Denial. The decision of the appointing authority on granting or
denying 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.
11.10 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
March 29, 2016 Contra Costa County BOS Official Minutes 259
preceding year shall receive salary increments that may accrue to them during the
period of military leave.
11.11 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 12 - JURY DUTY AND WITNESS DUTY
12.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Municipal, 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:
a. 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. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
Absence/Overtime Record must be submitted to the department payroll clerk.
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.
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.
March 29, 2016 Contra Costa County BOS Official Minutes 260
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. Participants in
9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for
jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
12.2 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 Section 16.1 above.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
13.1 Health Plan. The County will provide group health benefits through the
California Public Employees’ Retirement System (CalPERS) for all permanent full-time
employees, and permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by DSA. The CalPERS health care
program, as regulated by the Public Employees’ Medical and Hospital Care Act
(PEMHCA), regulations issued pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan issues for employees who receive
health care coverage from CalPERS, including, but not limited to, eligibility, benefit
plans, benefit levels, minimum premium subsidies, and costs.
13.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, DSA members and COBRA counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
13.3 CalPERS Health Plan Monthly Premium Subsidy. The County’s subsidy to
the CalPERS monthly health plan premiums is as provided below. The employee must
pay any CalPERS health plan premium costs that are greater than the County’s subsidy
identified in Section 13.3(A).
March 29, 2016 Contra Costa County BOS Official Minutes 261
A. County Premium Subsidy On and After January 1, 2012. Beginning on
January 1, 2012, the amount of the County premium subsidy that is paid for
employees and eligible family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only $ 528.18
Employee/Retiree/Survivor & One
Dependent $1,056.36
Employee/Retiree/Survivor
& Two or more Dependents $1,373.27
B. County Premium Subsidy On and After January 1, 2013. Beginning on
January 1, 2013, the County will pay the monthly premium subsidy amounts for
employees and eligible family members that are stated in section A (1) above. In
addition, if there is an increase in the Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent (75%) of that increase, and the
employees will pay twenty-five percent (25%) of that increase.
C. County Premium Subsidy On and After January 1, 2014. For the plan year
that begins on January 1, 2014, the County will pay a monthly premium subsidy
for each health plan that is equal to the actual dollar monthly premium subsidy
that is paid by the County as of November 30, 2013. In addition, if there is an
increase in the monthly premium charged by a health plan for 2014, the County
and the employee will each pay fifty percent (50%) of that increase. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase above the 2013 plan premium.
D. Effective January 1, 2014, in the first calendar year that a new health plan is
offered, the County monthly premium subsidy will be equal to the corresponding
Kaiser monthly premium in the CalPERS region for that health plan. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase that is above the plan premium for the
first year of the new plan.
E. In the event, in whole or in part, that the above County premium subsidy
amounts are greater than one hundred percent (100%) of the applicable
premium of any plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
13.4 Dental Plan. The County may, during the term of this MOU, change dental care
providers, so long as the level of benefits provided is not reduced.
13.5 Dental Plan Contribution. The County’s contribution to the monthly dental plan
premiums shall be as provided below. These contributions are provided only for
permanent full-time and permanent part-time employees regularly scheduled to work at
least twenty (20) hours per week. Permanent-intermittent and permanent part-time
employees working less than twenty (20) hour per week may enroll in a dental plan but
are not entitled to the County’s contribution. Any increases in dental plan costs greater
March 29, 2016 Contra Costa County BOS Official Minutes 262
than the County’s contributions identified below during the duration of this M.O.U. shall
be borne by the employee:
a. Delta, and PMI Delta Care: County will contribute seventy-seven percent (77%)
toward the monthly dental premium. Beginning on January 1, 2014, the County
will pay a monthly dental premium subsidy for each dental plan that is equal to
the actual dollar monthly premium subsidy that is paid by the County for 2013. If
there is an increase in the premium charged by a dental plan for 2014, the
County and the employee will each pay fifty percent (50%) of the increase. For
each calendar year thereafter, the County and the employee will each pay fifty
percent (50%) of the premium increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect dental coverage as stated above without
health coverage will pay one cent ($.01) per month for such coverage.
Beginning on January 1, 2014, the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the actual dollar monthly premium
subsidy that is paid by the County for 2013. If there is an increase in the
premium charged by a dental plan for 2014, the County and the employee will
each pay fifty percent (50%) of the increase. For each calendar year thereafter,
the County and the employee will each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
13.6 Orthodontia Coverage. The County will continue to offer Orthodontia coverage
to all permanent employees in classes represented by the DSA who participate in a
County dental plan. The cost for orthodontia coverage is borne 100% by each enrolled
employee. Premium payments are made by payroll deduction or direct pay, as
applicable.
13.7 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and departments upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and departments information about rate
changes as they occur during the year.
13.8 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a County sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
13.9 Life Insurance Contribution. The County will pay the entire premium on behalf
of permanent full-time and permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance Plan at their full personal
expense, which shall not exceed the County’s cost, provided they elect health and/or
dental coverage.
March 29, 2016 Contra Costa County BOS Official Minutes 263
13.10 Premium Payments. Employee participation in any medical, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The County's contribution to
health plan and dental plan monthly premiums are payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan). The County's contribution to the
health plan premium is payable one (1) month in advance. If an employee’s
compensation in any month is not sufficient to pay the employee share of the
premium, the employee must make up the difference by remitting the amount
delinquent to the County. The responsibility for this payment rests solely with the
employee.
B. Dental and Life Insurance Plans. The County's contribution to the dental and life
insurance premium (as described in Sections 13.5 and 13.9) is payable monthly.
If an employee’s compensation in any month is not sufficient to pay the
employee share of the premium, the employee must make up the difference by
remitting the amount delinquent to the County. The responsibility for this
payment rests solely with the employee.
13.11 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is covered through the last day of the
month in which he/she is paid for County dental plans and through the last day of the
month following the month of termination for CalPERS plans. Employees who terminate
County employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
13.12 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same County group medical plan if immediately before their
retirement they are currently enrolled in one of the County sponsored CalPERS Health
Plans or if on authorized leave of absence without pay, they have retained continuous
coverage during the leave period.
1. Government Code section 22892 applies to all employees who were hired
on or before January 1, 2007 and to all employees who are hired on or
after October 1, 2011.
2. For employees hired between January 2, 2007 and September 30, 2011
inclusive, Government Code section 22892 does not apply and the
following provisions apply instead:
a. As soon as practical, the County will modify its agreement with the
CalPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22893 for employees who are hired on
or after January 2, 2007, but before October 1, 2011.
March 29, 2016 Contra Costa County BOS Official Minutes 264
b. Government Code Section 22893. Notwithstanding Section 22892,
the percentage of employer contribution payable for post retirement
health benefits for any employee of a contracting agency subject to
this section shall, except as provided in Government Code Section
22893, subdivision (b), be based on the member’s completed years
of credited county service at retirement as shown in the following
table:
Credited Years
of Service
Percentage of
Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall be adjusted each year in
accordance with Government Code Section 22893.
The County will provide medical premium payments for employees
who retire from the County in accordance with Government Code
Section 22893.
13.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
B. On and after January 1, 2012, each employee and retiree may be covered by
only a single County health and/or a single County dental plan, including
CalPERS plans. For example, a County employee may be covered under a
single County health 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.
C. On and after January 1, 2012, each dependent may be covered by the health
and/or dental plan of only one spouse or one domestic partner. For example,
when both parents are County employees, all of their eligible children may be
covered as dependents of either, parent, but not both.
March 29, 2016 Contra Costa County BOS Official Minutes 265
D. For purposes of this Section 13.13 - Dual Coverage, "County" includes the
County of Contra Costa and all Board of Supervisors governed special districts,
such as the Contra Costa County Fire Protection District.
13.14 Employee Assistance Program. Any County contract which provides an
employee assistance program applicable to DSA represented employees, including the
present contract with Occupational Health Services, shall include the following
language:
"Records, including any information whether recorded or not, pertaining to the identity,
diagnosis or treatment of any employee or the employee's family dependent(s) which
are maintained in connection with the performance of this contract shall be confidential,
even as to the employer, and disclosed only under the following circumstances:
A. When disclosure is authorized with the written and signed consent of the
employee or the family dependent(s). Such consent must state:
1. the name of the person or organization to whom disclosure is to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure.
B. When an employee's records are subpoenaed and are not otherwise protected
by professional privileged relationships, contractor will notify the employee
whose records are subpoenaed immediately by phone, if possible, and in any
event in writing as soon as possible. Written communication shall inform the
employee of his/her access to DSA for aid if he/she so desires. Contractor will
cooperate with employee and/or his legal representative in asserting
confidentiality. Subpoenaed records will only be turned over after a court order.
The employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in accordance
with all State and Federal laws pertaining to the confidentiality of alcohol, drug,
and mental health records and the Federal Privacy Act of 1974.
D. The Association is a third-party beneficiary.
13.15 Health Care Spending Account. The County will continue to offer regular full-
time and part-time (20/40 or greater) County employees the option to participate in a
Health Care Spending Account (HCSA) Program designed 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 pre-determined amount of money
from their paycheck for health care expenses not reimbursed by any other health
benefits plan with before-tax dollars. HCSA dollars can 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.
March 29, 2016 Contra Costa County BOS Official Minutes 266
13.16 Dependent Care Assistance Program. The County will continue to offer 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 tax savings
are not guaranteed. The program allows employees to set aside up to five thousand
dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible
dependent care (child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
13.17 Premium Conversion Plan. The County will continue to offer 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 medical and dental premiums.
13.18 Prevailing Section. To the extent that any provision of this Section (Section 13
– Medical, Dental, and Life Insurance) 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 resolution or
order of the Board of Supervisors, the provision(s) of this Section (Section 13 –
Medical, Dental, and Life Insurance) will prevail.
13.19 Health Benefits 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 management complaint
process.
SECTION 14 - PROBATIONARY PERIOD
14.1 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.
14.2 Criteria. The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any period
of continuous absence or temporary modified duty assignment exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours after appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
March 29, 2016 Contra Costa County BOS Official Minutes 267
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
14.3 Rejection During Probation. 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.
A. Appeal from rejection. 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 affiliations or opinions,
association activities, or race, color, national origin, sex, age, disability or sexual
orientation.
B. 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 (A) 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.
C. 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 (A), 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.
D. 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.
14.4 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 MOU, without notice and without right of
appeal or hearing. If the appointing authority has not returned the probation report, or
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
probationary 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.
March 29, 2016 Contra Costa County BOS Official Minutes 268
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.
14.5 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 probationary period if the position is in the department from which
the employee separated, displaced or voluntarily demoted in lieu of layoff.
SECTION 15 - GENERAL TERMS & CONDITIONS OF EMPLOYMENT AND
MANAGEMENT BENEFITS
15.1 Incentives.
A. Management 2.5% Longevity Pay Plan. Employees who have completed ten
(10) years of service for the County shall receive a 2.5% longevity differential.
For purposes of determining ten (10) years of service for this differential, the
records utilized for service award purposes will control.
B. Deferred Compensation Incentive. The County's supplemental contribution to
employees who participate in the County's Deferred Compensation Plan will be
forty dollars ($40) per month. To be eligible for this incentive supplement,
employees must first contribute a Base Contribution Amount to the deferred
compensation plan as follows:
March 29, 2016 Contra Costa County BOS Official Minutes 269
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2500 100
Employees with a break in deferred compensation contributions because of
either an approved medical leave or approved financial hardship withdrawal shall
not be required to reestablish eligibility. Further, employees who lose eligibility
due to budgetary constraints but maintain contributions at the required level and
later return to an eligible position shall not be required to reestablish eligibility.
C. 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 Deputy Sheriffs’ Association
(DSA) 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
March 29, 2016 Contra Costa County BOS Official Minutes 270
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.
15.2 Differentials.
A. Longevity Differential for Law Enforcement Management. Upon completion
of fifteen (15) years sworn service, employees shall be eligible for a five percent
(5%) base salary differential. Upon Completion of twenty (20) years of sworn
County service, employees will be eligible for an additional two percent (2%)
base salary differential. This provision shall be effective July 1, 2012.
B. Bilingual Pay Differential. A salary differential of one hundred dollars
($100.00) per month shall be paid incumbents of positions requiring bilingual
proficiency as designated by the Appointing Authority and the 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.
If during the term of this MOU, the County increases the Bilingual Pay for other
bargaining units, the County will extend that increase to the DSA bargaining unit
members. The increase will be implemented on prospective basis only and will
not be subject to retroactivity.
C. Effective January 1, 2007, any Lieutenant who is directed to work in an on-call
status in support of the Officer of the Day Program shall receive fifty four dollars
and fifty cents ($54.50) per day, not to exceed three hundred twenty seven
dollars ($327.00) per week, for the period assigned to work in an on-call status.
D. Sheriffs' Administrative Differential. Effective February 1, 1991, the Sheriff-
Coroner was authorized to enter into agreements with contract cities who have a
Lieutenant assigned as the Chief of Police, to pay a monthly administrative
differential, reimbursed by the individual city, in an amount equal to one-half the
percentage differential between top step Lieutenant and top step Captain.
Lieutenants who are eligible to receive this administrative differential shall do so
in lieu of any other watch-stander differentials for which they may be eligible.
15.3 Leaves & Pay for Time Not Worked.
A. Annual Management Administrative Leave. On January 1 of each year, all
permanent full time sworn management employees shall be credited with
seventy-four (74) hours of paid management administrative leave. This time is
non-accruable and all balances will be zeroed out effective December 31st of
each year. Permanent part-time employees shall have such leave prorated
based on their position hours.
March 29, 2016 Contra Costa County BOS Official Minutes 271
B. Furlough Days Without Pay. 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 Section 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 Section 8.1, 9.1, 9.3, and
10.2 of this MOU regarding the computation of vacation, sick leave, floating
holiday, and other accrual 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 VTO program shall be continued for
the life of the contract.
15.4 Benefits & Allowances.
A. Personal Protective Equipment. The County shall reimburse employees for
safety shoes and prescription safety eyeglasses in those classifications which
the County has determined eligible for such reimbursement. The County will
reimburse eligible employees for safety shoes in an amount not to exceed sixty
dollars ($60) in any calendar year. The County will reimburse eligible employees
for prescription safety eyeglasses which are approved by the County and are
obtained from such establishment as required by the County.
B. 414H Participation. The County will continue provisions of Section 414(h)(2) of
the Internal Revenue Code which allows the County Auditor-Controller to reduce
the gross monthly pay of employees by an amount equal to the employee's total
contribution to the County Retirement System before federal and state income
taxes are withheld and forward that amount to the Retirement system. This
program of deferred retirement contribution will be universal and non-voluntary
as is required by statute.
C. Management Life Insurance. Management employees shall be provided with a
$40,000 term life insurance policy. Premiums for this insurance shall be paid by
the County with conditions of eligibility reviewed annually.
D. Training. Employees shall be eligible for career development training
reimbursement in the maximum amount of six hundred fifty ($650) per fiscal
year. The reimbursement of training expenses shall be consistent with
Administrative Bulletins on Travel & Training. Registration and tuition for career
development education may be reimbursed for up to fifty percent (50%) of the
employee’s net cost. Books necessary for courses taken for career development
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education may be reimbursed for up to one hundred percent (100%) of the
employee’s net cost.
E. Management Development Policy. All employees shall be authorized to attend
professional training programs, seminars and workshops a minimum of thirty (30)
hours annually, during normal work hours, for the purpose of developing
knowledge, skills and abilities in the areas of supervision, management and
County policies and procedures.
Departments are particularly encouraged to provide generous professional
development opportunities (above the thirty (30) hour minimum) for people newly
promoted into positions of direct supervision.
Priority for professional training programs shall be afforded those offered through
the Contra Costa Training Institute. Other related and appropriate
training/education resources approved by the department may also be
considered.
To encourage personal and professional growth which is beneficial to both the
County and the employee, the County provides reimbursement for certain
expenses incurred by employees for job-related training (required training and
career development training/education. Provision for eligibility and
reimbursement are identified in Administrative Bulletin 12.7, November 1, 1989.
F. Long-Term Disability Insurance. The County shall continue in force all
provisions of the Long-Term Disability Insurance program with a replacement
limit of eighty-five percent (85%) of total monthly base earnings reduced by any
deductible benefits. The premium for this Long-Term Disability Insurance
program shall be fully paid by the County.
G. Vacation Buy Back.
1. For Employees Hired Before November 1, 2011:
Employees 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; and
3. If the employee is receiving 2.5% Management Incentive, payment
shall be based on an hourly rate determined by dividing the
employee’s monthly salary, plus the 2.5% Management Incentive,
by 173.33.
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4. the maximum number of hours that may be reimbursed in any year
is one-third (1/3) of the annual accrual.
In those instances where a lump-sum payment has been made to management
employees in lieu of a retroactive general salary adjustment for a portion of the
calendar year which is subsequent to exercise by a management 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 was inclusive of the effective date of the vacation buy back.
2. For Employees Promoted or Hired On and After November 1, 2011:
Employees promoted or hired by the County into any classification
represented by the Deputy Sheriffs’ Association, Management Unit, on
and after November 1, 2011, 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
Deputy Sheriffs’ Association, Management Unit, will retain that benefit
after promoting into a classification represented by the Deputy Sheriffs’
Association, Management Unit.
H. Professional Development. All employees shall be eligible for reimbursement
of up to four hundred dollars ($400) for each two (2) year period beginning
January 1, 2002 for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional
development activities and job-related computer hardware and software from a
standardized County approved list or with Department Head approval, provided
such employee complies with the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors and manuals. Authorization for
individual professional development reimbursement requests shall be made by
the Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment (copy of invoice
or canceled check).
For the duration of this agreement, any increase in the professional development
pay for the County’s unrepresented managers will result in an equivalent dollar
amount to the Professional Development pay for this unit.
I. Sick Leave Incentive Plan. Employees shall be eligible for a payoff of unused
sick leave accruals at separation. This program is an incentive for employees to
safeguard sick leave accruals as protection against wage loss due to time lost for
injury or illness. Payoff shall be approved by the Director of Human Resources
and can be awarded only under the following conditions:
1. The employee must have resigned in good standing.
2. Payout is not available if the employee retires.
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3. The balance at resignation must be at least seventy percent (70%) of
accruals earned in the preceding continuous period of employment.
4. Payout shall be under the following schedule:
Years of Permanent % of Unused
Continuous Service Sick Leave Paid
3 - 5 years 30%
5 - 7 years 40%
7+ years 50%
15.5 Terms & Conditions of Employment.
A. Overtime Exclusion. In recognition of their management status, employees
shall continue to be overtime exempt. The Office of the County Administrator
shall have authority to exclude certain management classes from Overtime
Exemption. Provisional appointees to management classes and employees
receiving higher pay for a higher management classification who were not
previously in a management class shall be automatically placed on the Overtime
Exempt Exclusion List since they are not eligible for management benefits.
B. Part-Time Employees. Part-time employees who work at least fifty percent
(50%) of full time on a continuing basis, shall be provided the management
benefits listed in this MOU on a full or pro rata basis.
C. Permanent-Intermittent Employees. Permanent-Intermittent employees are
eligible for vacation and sick leave benefits as defined in this MOU on a pro rata
basis.
D. Length of Service Credits. The length of service credits of each permanent
employee shall date from the beginning of the last period of continuous County
employment including temporary, provisional and permanent status and
absences on approved leave of absence except that when an employee
separates from a permanent position in good standing and is subsequently
reemployed in a permanent County positions prior to the completion of two (2)
years from date of separation, the period of separation will be bridged. Under
these circumstances, the service credits shall include all credits accumulated at
time of separation but shall not include the period of separation. The service
credits of an employee shall be determined from employee status records of the
Human Resources Department.
15.6 Officer of the Day Program.
a. During the term of the 1998-2001 MOU, the parties agree that the provisions
regarding the Officer of the Day Program will be subject to review and revision at
regular Labor Management Committee meetings.
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b. The Sheriff may assign Lieutenants on a full-time basis to the Officer of the Day
Program, subject to the following:
1. The Assistant Division Commander of the Emergency Services Division
shall typically be responsible for providing routine relief for absences of
one week or more.
a. During periods that one or more of the assigned Lieutenants is not
available for duty and the Assistant Emergency Services Division
Commander is not available to provide relief, a Sergeant may be
temporarily assigned to the Program in the capacity of an acting
Lieutenant.
2. The Officer of the Day Program shift schedule and the order of shift
rotations shall be established/modified at the Labor Management
Committee pursuant to paragraph A. above.
a. Once each year, during the annual vacation sign-up, Lieutenants
who are assigned to the Officer of the Day Program shall sign-up
for their upcoming shift assignments. The annual shift sign-up will
become effective on the first Monday in January of the following
year.
b. Following the annual sign-up, assigned Lieutenants shall rotate
shifts on the first Monday of each calendar quarter.
c. Lieutenants who are assigned to the Officer of the Day Program
mid-year shall assume the shift assignment and rotation schedule
of the Lieutenant who is being replaced.
3. When making assignments to the Officer of the Day Program, the Sheriff
shall consider those Lieutenants who have volunteered for the
assignment. Consideration also should be given to avoid the involuntary
assignment of a Lieutenant who previously has been assigned to the
program.
4. Although the Sheriff shall retain the right to determine the length of
assignment, Officer of the Day assignments normally will be subject to the
same rotation policy(ies) as other Lieutenant assignments.
c. Lieutenants who are assigned to the Officer of the Day Program, including the
Assistant Emergency Services Division Commander, are eligible for holiday pay
under the provisions of Section 15.8.
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15.7 Holiday is Not Worked by Full-Time Lieutenants who are assigned to the
Officer of the Day Program: When a Full Time Lieutenant assigned to the Officer of
the Day Program does not work on a holiday, the Lieutenant will be paid in accordance
with Section 8.2 or Section 8.3, as applicable.
15.8 Holiday is WORKED by Lieutenants who are Assigned to the Officer of the
Day Program and Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time Lieutenant assigned to the Officer of the
Day program works on a holiday that falls on the employee’s scheduled work
day, the employee is entitled to receive his/her regular salary. The employee is
also entitled to receive holiday pay at the rate of one and one half (1.5) times
his/her base rate of pay (not including differentials).
15.9 Holiday is WORKED by Lieutenant Assigned to the Officer of the Day
Program and Holiday Falls on Scheduled Day Off:
A. Full-Time Employee: When a Lieutenant assigned to the Officer of the Day
program works on a holiday that falls on the employee’s scheduled day off, the
employee is entitled to receive his/her regular salary.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) at the same rate for all hours worked on that day.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
15.10 Time Reporting and Pay Practices Waiver:
The Association agrees to the implementation of an Automated Timekeeping System.
The Association waives its right to meet and confer regarding any impacts that may
result from the County’s implementation of the automated timekeeping system,
including but not limited to, changes to current departmental time reporting and pay
practices. The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current Payroll system or implement a new County
Payroll System.
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SECTION 16 - PROMOTION
16.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
16.2 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.
16.3 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.
16.4 Promotion Via Reclassification Without Exam. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his 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 one
(1) year.
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.
16.5 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.
16.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent (70%) 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
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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.
16.7 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 County expense.
SECTION 17 - RESIGNATIONS
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.
17.1 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.
17.2 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 mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
17.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
17.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
17.5 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 on the appointing authority.
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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 shall be handled as an appeal to the Merit Board.
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 18 - DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action. The appointing authority may dismiss, suspend,
demote, or reduce within class, any employee for cause. The following are sufficient
causes for such action; the list is indicative rather than inclusive of restrictions and
dismissal, suspension, reduction 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 and/or Office of the Sheriff-Coroner
into disrepute,
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,
j. violation of any lawful or reasonable regulation or order given by a supervisor or
department head,
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k. willful 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.
18.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four
(4) work days for employees on "4-10" work week), demote or reduce within class 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.
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.
18.3 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 any extension, the right to respond is lost.
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18.4 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.
18.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an adjustment board or the Merit Board.
18.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, 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, 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 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.
Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion to the Merit Board.
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
19.1 Definition. Any dispute by an employee over the application of any section of
this MOU which cannot be resolved administratively, or is not handled under the
jurisdiction of the County Merit Board may be addressed under provisions of Resolution
83/987 (Management Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management employee (complainant) who
believes that he/she has been adversely affected by the application or interpretation of
a rule, regulation, or procedure or otherwise adversely affected in a manner not within
the scope of available appeal avenues, may within thirty (30) calendar days discuss the
problem with his/her immediate supervisor. If the problem is not resolved at this step,
the employee may use Step 2.
Step 2 - Department Head. If a complaint is not resolved in Step 1, the complainant
may, within seven (7) calendar days after the immediate supervisor's response, request
an appointment with his/her Department Head or designee. If the problem is not
resolved at this step, the complainant may use Step 3 or Step 4.
Step 3 - Mediation. If a complaint is not resolved at Step 2, the complainant may, within
seven (7) calendar days after the Department Head's response, file a written request
with the Employee Relations Officer or designee for mediation. This request shall
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contain a description of the problem and the specific issue. The Employee Relations
Officer or designee shall meet with the complainant and Department Head, or
designee, within ten (10) work days and select a mutually agreed-upon mediator. The
mediation shall be confidential and shall not become part of the complainant's
personnel record. If a resolution agreeable to the complainant and the Department
Head is reached, it may, if mutually agreed, be reduced to writing. If the problem is not
resolved at this step, the complainant may use Step 4. Mediation is not required and
the complainant may skip this step and proceed to Step 4 with a request like that for
Step 3.
Step 4 - Adjustment Panel. If the problem is not resolved at Step 3 or if Step 3 is
skipped (see above) complainant may, within seven (7) calendar days after the
mediator's or Department Head's response, submit his/her complaint in writing to the
Employee Relations Officer or designee, who shall promptly convene an adjustment
panel of three management employees. As used herein "management employees"
includes management employees of both the County and Fire Protection Districts. The
complainant and the Department Head shall each select one (1) panel member, which
two (2) shall select the third (3rd) member. The panel shall hear evidence and
arguments regarding the complaint and shall render a statement of findings and
recommendation to the complainant and the Department Head, with copies to the
County Administrator and Director of Human Resources. Step 4 of the management
complaint procedure may be waived by the written mutual agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 19.3) may require that the
grievance be referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Personnel Director. Such request shall be
submitted within twenty (20) work days of the rendering of the Adjustment Board
decision. Within 20 days of the request for arbitration the parties shall mutually select
an arbitrator. The fees and expenses of the Court Report shall be shared equally by
the employee and the County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator, either may request a list of five
(5) arbitrators from the State Mediation and Conciliation Service. The cost of the list will
be shared equally by the parties. If they cannot agree on an arbitrator from that list, they
shall strike alternatively from the list, with the first to strike to be determined by lot, and
the last remaining name shall be the arbitrator.
19.2 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Employee Relations
Officer or designee. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process
is next opened for such discussion. No adjustment shall be retroactive for more than six
(6) months from the date upon which the complaint was filed.
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19.3 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, sickout, or refuse 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.
19.4 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 19 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection 19.1 above shall be taken if action
on the management complaint has been taken by the Merit Board, or if the
management complaint is pending before the Merit Board.
19.5 Filing by Association. The Association may file a management complaint at
Step 3 on behalf of affected employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
19.6 Letters of Reprimand. Letters of reprimand are subject to the management
complaint procedure. Letters of Reprimand shall be removed from an employee's file
which are five (5) years old from the date issued unless subsequent disciplinary action
has been taken and sustained against the employee for the same type of offense within
said five (5) year period in which case the Letter of Reprimand is not subject to removal.
However, where the subsequent disciplinary action consists of Letter(s) of Reprimand
for the same type of offense, those letters (including the original letter) will be removed
from the employee's file after five (5) years pass from the date the most recent letter is
issued unless a different type of discipline (e.g., suspension, et al) for the same type of
offense is taken and sustained during said five (5) year period.
19.7 Corrective Counseling System. The Corrective Counseling System is a
method of training and counseling employees in an effort to improve behavior and
performance without the negative effects of lasting disciplinary measures. It will
hereafter consist of three (3) phases, or levels, with procedures and policies for
administration developed within the Department. Placement into the Corrective
Counseling System is not subject to the management complaint procedure.
There shall be no mention of the "phase" program in any employee's evaluation,
although the circumstances allegedly supporting the starting, the ending, or the
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continuing of a phase, may be mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the performance evaluations per se.
An employee placed into a Phase of the Corrective Counseling System may appeal the
placement through a formal department hearing process. Following are the guidelines
and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by a Commander
not in the employee's direct chain of command, hereafter referred to as the
Hearing Officer. The Hearing Officer has the authority to set aside the phase
placement completely or decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the affected
employee has seven (7) calendar days to deliver written documentation of an
intent to appeal the phase placement. The "intent to appeal" memo is to be
addressed to the Hearing Officer, with a copy to the employee's Division
Commander. The appeal process defers the starting date of the phase period.
c. Hearing Date. Upon receipt of the "intent to appeal" memo, the Hearing Officer
will schedule a hearing date and notify the affected employee at least seven (7)
calendar days prior to the hearing date. The hearing date shall be within twenty-
one (21) calendar days of the Hearing Officer's receipt of the "intent to appeal"
unless one of the primary parties involved is unavailable, in which case the
hearing will be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a written
request for hearing to the Commander not in the employee's chain of command.
The Commander will review the request and determine if there is a basis for a
formal hearing. An alternate informal process exists which would allow the
employee and his/her representative to meet and discuss the phase placement
in accordance with the established open door policy of the Department.
For Phase III appeals, the Commander will determine the parties to be present at
the hearing, except that the affected employee will be present, and a maximum
of two (2) representatives of the employee's choice.
In general, witnesses will not be called or allowed; however, the affected
employee may submit written statements from the employee (or others) which
will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be kept (and be
available) in the Administration Division, and will be erased when the phase is no
longer in effect. Upon his request and at his expense, the employee may tape
the hearing.
The Commander will weigh all testimony and attempt to determine the facts
surrounding the phase placement.
March 29, 2016 Contra Costa County BOS Official Minutes 285
e. Results. The Hearing Officer will report his decision in a brief memo to the
employee within five (5) business days of the hearing.
If the decision upholds the original recommendation or decreases the phase
level, the phase period begins on the date of the Hearing Officer's decision.
If the Hearing Officer determines that a phase was not appropriate, all reference
to the phase incident and hearing will be immediately purged from the personnel
file, and the Hearing Officer's written decision will be sent to the affected
employee.
SECTION 20 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriff's position that all internal
investigations shall be conducted in a professional and timely manner. The scope and
intent of all legal and policy mandates shall be adhered to during all phases of the
investigation. This includes that the confidentiality of all information gained during the
inquiry shall be consistent with present legal restraints relative to discovery and
disclosure.
SECTION 21 - LABOR/MANAGEMENT COMMITTEE
Matters of concern to employees in this unit may be raised by the Department or the
DSA in the existing Labor-Management Committee.
SECTION 22 - RETIREMENT CONTRIBUTION
A. Payment of Employee Contributions.
Effective on January 1, 2012, employees are responsible for the payment of 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
employee’s contributions. 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.
22.1 Safety Retirement Tier Elections - Employees Hired or Rehired Before
January 1, 2013.
A. If either the Internal Revenue Service issues guidance acceptable to both
parties, or the County receives a Private Letter Ruling from the IRS, that protects
the County and DSA members hired prior to January 1, 2013, from additional tax
March 29, 2016 Contra Costa County BOS Official Minutes 286
liability, DSA members will have the opportunity to elect new retirement tiers
pursuant to Government Code section 31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
three (3) percent per year. The employee’s final compensation shall be
based on a twelve (12) month salary average.
2. In Safety Tier C, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
two (2) percent per year. The employee’s final compensation shall be
calculated based on a thirty-six (36) month salary average.
3. In the Safety PEPRA Tier, the retirement formula is established by the
Public Employees Pension Reform Act (PEPRA) (Chapters 296, 297,
Statutes of 2012). The retirement formula is PEPRA Safety Option Plan
Two (2.7% at 57). The cost of living adjustment to the retirement
allowance (COLA) shall not exceed two percent (2%) per year, and the
cost of living adjustment will be banked. The employee’s final
compensation will be based on his/her average annual compensation
earnable during a consecutive thirty-six month period.
C. Method of Election.
1. Upon the occurrence of all of the following:
a. the contingency listed in subsection A is met;
b. actuarial studies by the County and by the Contra Costa County
Employees Retirement Association (“CCCERA”,) have been
completed;
c. the Board of Supervisors has adopted such ordinances or
resolutions as may be necessary to implement the election;
d. as required by Government Code section 31484.9, the County has
prepared written information about the change in benefits for
employees who elect to enter a new tier; and
e. CCCERA has taken any other actions that may be necessary to
implement the election;
the County shall work with CCCERA to provide a time period of no
less than three (3) calendar months during which sworn members
of the DSA bargaining unit who are in Safety Tier A as of
December 31, 2012, may make a written irrevocable election to 1)
waive and release all rights to retirement benefits under Safety Tier
March 29, 2016 Contra Costa County BOS Official Minutes 287
A for the period of service following the election and 2) enter the
Safety PEPRA Tier for the period of service following the election.
In addition, the County shall work with CCCERA to provide a time
period of no less than three (3) calendar months during which
sworn members of the DSA bargaining unit who are in Safety Tier
C as of December 31, 2012, may make a written irrevocable
election to 1) waive and release all rights to retirement benefits
under Safety Tier C for the period of service following the election
and 2) to enter the Safety PEPRA Tier for the period of service
following the election.
Employees electing to enter the Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first day of the first calendar month after
the close of the election period.
2. An employee in Safety Tier A who elects to enter the Safety PEPRA Tier
shall have his/her retirement benefits calculated on the basis of Safety
Tier A for the period of service prior to the election. An employee in
Safety Tier C who elects to enter the Safety PEPRA Tier shall have
his/her retirement benefits calculated on the basis of Safety Tier C for the
period of service prior to the election.
D. The parties agree that the provisions of Government Code section 31484.9 shall
apply to sworn members of the Deputy Sheriff’s Association.
22.2 Tier A - Thirty Years of Continuous Service as a Safety Member. Through
the term of this Memorandum of Understanding and any extensions thereof, a DSA
member with credit for more than 30 years of continuous service as a safety member
shall not make payments from his or her retirement base to pay part of the employer’s
contribution for the cost of Safety Tier A.
22.3 Safety Retirement Tier C - Employees Hired or Rehired after December 31,
2006, but Before January 1, 2013.
A. For sworn employees hired by the County after December 31, 2006, but before
January 1, 2013, the retirement formula shall be “3 Percent at 50”. The cost of
living adjustment (COLA) to the retirement allowance shall not exceed two (2)
percent per year. The employee’s final compensation shall be based on his or
her highest thirty six (36) month salary average. Safety Tier A is closed to all
employees initially hired after December 31, 2006.
B. Employees who left County service prior to January 1, 2013, and are rehired
after that date shall not be eligible to elect a retirement tier. Such rehired
employees shall be automatically placed in that retirement tier for which they are
eligible under the County Employees Retirement Law and PEPRA.
March 29, 2016 Contra Costa County BOS Official Minutes 288
C. Safety Tier C is closed to all employees initially hired after December 31, 2012,
except for those sworn employees who, under PEPRA, do not become New
Members of CCCERA.
22.4 Safety Retirement Benefit – Sworn Employees who become New Members
of CCCERA on or after January 1, 2013.
A. For sworn employees who, under PEPRA, become Safety New Members of the
Contra Costa County Employee Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees who,
under PEPRA, become New Members of CCCERA. For these employees, 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.
22.5 Retirement Benefit - Non-Sworn Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-sworn employees who, under PEPRA, become New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. For employees hired by the County after June 30, 2013, who, under PEPRA,
become New Members of CCCERA 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. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to non-
sworn employees who, under PEPRA, become New Members of CCCERA. The
Union must support the legislation, in addition to the County, by calling and
sending a letter (on Union 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 Union must testify in support of the bill before the
state legislative committees considering the bill.
March 29, 2016 Contra Costa County BOS Official Minutes 289
SECTION 23 - SAFETY
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.
SECTION 24 - MILEAGE
Mileage allowance for the 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.
SECTION 25 - 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,
exclusive of Saturdays, Sundays and holidays from the time the department is made
aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County found 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 six (6) month
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, which will be no longer than three (3) times the
length of time the overpayment occurred, shall be determined.
If requested by the employee, an Association representative may be present at the
meeting with management to discuss a repayment schedule.
SECTION 26 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
March 29, 2016 Contra Costa County BOS Official Minutes 290
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated their intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources relative to provisional appointments
are final.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
SECTION 27 - 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 contents of such records shall be made available to the employee for inspection
and review at reasonable intervals during the regular business hours of the County.
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.
All documents pertaining to disciplinary actions shall be placed in an official personnel
file maintained by the Human Resources Department or in an official personnel file
maintained by their department. Copies of written reprimands or memoranda pertaining
March 29, 2016 Contra Costa County BOS Official Minutes 291
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. 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 department. In a case involving a grievance or disciplinary
action, the employee's designated representative may also review his or her personnel
file with specific written authorization from the employee.
The Association will be given a list of all types of personnel files maintained by the
Sheriff.
SECTION 28 - 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 29 - REIMBURSEMENT FOR MEAL EXPENSES & CHARGE FOR
DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses. Employees shall be reimbursed for meal
expenses under the following circumstances and in the amount specified:
a. 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 and with prior
approval of the department head or his designee.
b. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
c. 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.
March 29, 2016 Contra Costa County BOS Official Minutes 292
Meal costs will be reimbursed only when eaten away from home or away from
the facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
29.2 Charge for Detention Division Meals. Personnel represented by the DSA and
permanently assigned to the Detention Division will have fifteen dollars ($15) per month
deducted from their pay checks in exchange for meals provided by the Department.
The employee may choose not to eat facility food. In that case no fees will be deducted.
SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
30.1 Conditions. 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 an employee's 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.
March 29, 2016 Contra Costa County BOS Official Minutes 293
j.Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
30.2 Policies & Practices. The employer will continue its present policies and
practices with regard to loss or damage to personal property. This MOU provision does
not constitute a waiver by the DSA or an affected employee to litigate in court the
legality of portions of the policies dealing with limiting reimbursement because of
alleged employee negligence or wrongdoing.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in discussions between the
parties, shall be heard by a mutually agreed upon impartial third party.
SECTION 32 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Director of Human Resources shall determine these
matters based on the employee status records in the Human Resources Department.
SECTION 33 - UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance. Effective January 1, 2007, employees eligible for the
uniform allowance will receive a total of eight hundred seventy two dollars ($872) per
year. Uniform allowance is paid for the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
33.2 Uniform Allowance Method of Payment. Employees who are eligible for the
uniform allowance will receive such allowance included in their monthly pay warrants.
33.3 S.W.A.T. Uniform. The department shall provide all employees accepted into
S.W.A.T. with the necessary uniform and equipment.
March 29, 2016 Contra Costa County BOS Official Minutes 294
SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate. Provisions of Section 17 - Peace
Officer Training of the County Salary Regulations are in effect for incumbents in the
classes of Captain and Sheriff’s Chief of Forensic Services as follows:
a. A permanent career incentive allowance of two and one-half percent (2.5%)
monthly base pay shall be awarded for the possession of a Management and/or
Executive P.O.S.T. Certificate and possession of an approved Baccalaureate
Degree.
b. A permanent career incentive allowance of five percent (5%) monthly base pay
shall be awarded for the possession of a Management and/or Executive
P.O.S.T. Certificate and possession of an approved Master's Degree.
34.2 Advanced P.O.S.T. Certificate. Provisions of Section 17 Peace Officer Training
of the County Salary Regulations are in effect for incumbents in the classes of
Lieutenant (6XHA), Administrative Lieutenant (6XHB) and Deputy Sheriff Forensic
Manager (6DGA) as follows:
a. A permanent career incentive allowance of two and one-half percent (2.5%)
monthly base pay shall be awarded for the possession of an Advanced P.O.S.T.
Certificate and possession of an approved Baccalaureate Degree. Effective April
1, 2002, Lieutenants will be eligible to receive an additional two and one-half
percent (2.5%) of monthly base pay for the possession of an Advanced P.O.S.T.
Certificate.
b. A permanent career incentive allowance of five percent (5%) monthly base pay
shall be awarded for the possession of an Advanced P.O.S.T. Certificate and
possession of an approved Master's Degree.
34.3 Intermediate P.O.S.T. Certificate. Effective January 1, 2014, permanent full-
time employees in the classifications of Lieutenant (6XHA), Administrative Lieutenant
(6XHB), and Captain (6XDA) in the Sheriff's Department will receive a career incentive
allowance of two and one-half percent (2.5%) of base pay per month for the possession
of a valid intermediate P.O.S.T. certificate.
SECTION 35 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes the death or serious injury of
another person, the officer's Division Commander shall place the employee on
Administrative Leave (with pay) for the forty-eight (48) hours immediately following the
incident.
March 29, 2016 Contra Costa County BOS Official Minutes 295
SECTION 36 - 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 37 - SCOPE OF AGREEMENT & SEVERABILITY OF PROVISIONS
37.1 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 Union 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.
37.2 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.
37.3 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. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU or deal with matters not within the
scope of representation and as such remain in full force and effect.
37.4 Duration of Agreement. This Agreement shall continue in full force and effect
from July 1, 2016 to and including June 30, 2019.
Date:
Deputy Sheriffs’ Assn. (Management Unit):
(Signature / Printed Name)
/ /
/ /
/ /
DSA MGMT UNIT - 72 - 2016 – 2019 MOU March 29, 2016 Contra Costa County BOS Official Minutes 296
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
ATTACHMENT
A. CLASS AND SALARY LISTING
March 29, 2016 Contra Costa County BOS Official Minutes 297
Job Code Class Title
Flex Staff
(F) / Deep
Class (D)From To
6XHB ADMINISTRATIVE LIEUTENANT $8,469.74 $10,552.41
6XDA CAPTAIN $9,982.79 $12,437.50
6DGA DEPUTY SHERIFF-FORENSIC MGR $8,952.64 $11,154.03
6XHA LIEUTENANT $8,469.74 $10,552.41
6DDB SHERIFF'S CHF OF FORENSIC SVCS $10,479.06 $13,055.81
Salary Range
All classes are designated as safety.
March 29, 2016 Contra Costa County BOS Official Minutes 298
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
SUBJECT INDEX
Accrual (Sick Leave) .................................................................................................... 24
Accrual During Leave Without Pay .............................................................................. 23
Administration of Sick Leave ........................................................................................ 26
Adoption ....................................................................................................................... 72
Advance Notice .............................................................................................................. 6
Advanced P.O.S.T. Certificate ..................................................................................... 71
Anniversary Dates .......................................................................................................... 8
Annual Management Administrative Leave .................................................................. 47
Appeal of Denial ........................................................................................................... 35
Assignment of Classes to Bargaining Units ................................................................... 6
Association Business ..................................................................................................... 4
Association Recognition ................................................................................................. 3
Association Representatives .......................................................................................... 7
Association Security ....................................................................................................... 4
Attendance at Meetings ................................................................................................. 7
Benefits & Allowances .................................................................................................. 48
Bilingual Pay Differential .............................................................................................. 47
CalPERS Health Plan Monthly Premium Subsidy ........................................................ 37
Cause for Disciplinary Action ....................................................................................... 56
Charge for Detention Division Meals ............................................................................ 69
Coerced Resignations .................................................................................................. 55
Communicating With Employees ................................................................................... 4
Compensation Complaints ........................................................................................... 59
Compensation for Loss or Damage to Personal Property ............................................ 69
Compensation for Portion of Month ............................................................................. 10
Competitive Exam ........................................................................................................ 54
Constructive Resignation ............................................................................................. 55
Contra Costa Health Plan (CCHP) ............................................................................... 37
Corrective Counseling System ..................................................................................... 60
Critical Incident ............................................................................................................. 71
Days and Hours of Work .............................................................................................. 14
Deferred Compensation ............................................................................................... 45
Deferred Compensation Plan – Loan Provision ........................................................... 46
Dental Plan ................................................................................................................... 38
Department Investigations ........................................................................................... 62
Dependent Care Assistance Program .......................................................................... 43
Differentials .................................................................................................................. 47
Disability ....................................................................................................................... 27
Dismissal, Suspension & Demotion ............................................................................. 56
Dual Coverage ............................................................................................................. 41
Dues Deduction .............................................................................................................. 4
Duration of Agreement ................................................................................................. 72
March 29, 2016 Contra Costa County BOS Official Minutes 299
Effective Resignation ................................................................................................... 55
Employee Assistance Program .................................................................................... 42
Entrance Salary .............................................................................................................. 8
Family Care or Medical Leave ...................................................................................... 31
General Wages .............................................................................................................. 7
General Administration – Leaves of Absence .............................................................. 30
General Terms & Conditions of Employment/Management Benefits ........................... 45
Group Health Plan Coverage ....................................................................................... 33
Health Benefits for Employees Not Otherwise Covered ............................................... 43
Health Care Spending Account .................................................................................... 42
Health Plan ................................................................................................................... 37
Holidays ....................................................................................................................... 20
Holidays Observed ....................................................................................................... 20
Incentives ..................................................................................................................... 45
Increments Within Range ............................................................................................... 9
Intermediate P.O.S.T Certificate .................................................................................. 71
Jury Duty ...................................................................................................................... 36
Labor/Management Committee .................................................................................... 62
Layoff During Probation ............................................................................................... 45
Leave of Absence ........................................................................................................ 30
Leave Without Pay ....................................................................................................... 30
Leave Without Pay – Use of Accruals .......................................................................... 34
Leaves & Pay for Time Not Worked ............................................................................. 47
Length of Service Definition (for service awards and vacation accruals) ..................... 70
Letters of Reprimand .................................................................................................... 60
Life Insurance Benefit Under Health and Dental Plans ................................................ 39
Life Insurance Contribution .......................................................................................... 39
Maintenance of Membership .......................................................................................... 4
Management Complaint Procedure ............................................................................. 58
Management/Executive P.O.S.T. Certificate ................................................................ 71
Medical, Dental & Life Insurance ................................................................................. 37
Merit Board ................................................................................................................... 60
Mileage ......................................................................................................................... 66
Military Leave ............................................................................................................... 34
No Discrimination ........................................................................................................... 6
Official Representatives ................................................................................................. 7
Officer of the Day Program .......................................................................................... 51
Open Exam .................................................................................................................. 54
Orthodontia Coverage .................................................................................................. 39
March 29, 2016 Contra Costa County BOS Official Minutes 300
Part-Time Compensation ............................................................................................... 9
Pay for Work in Higher Classification ........................................................................... 12
Pay Warrant Errors ...................................................................................................... 66
Peace Officer Training Incentive Program ................................................................... 71
Personnel Files ............................................................................................................ 67
Personnel Management Regulations ........................................................................... 72
Physical Examination ................................................................................................... 55
Position Reclassification .............................................................................................. 10
Pregnancy Disability Leave .......................................................................................... 33
Premium Payments ...................................................................................................... 40
Probationary Period ..................................................................................................... 88
Promotion ..................................................................................................................... 54
Promotion Via Reclassification Without Exam ............................................................. 54
Provisional Appointment .............................................................................................. 66
Reassignment of Laid Off Employees .......................................................................... 20
Recognition .................................................................................................................... 3
Reimbursement for Meal Expenses ............................................................................. 68
Rejection During Probation .......................................................................................... 44
Requirements for Promotional Standing ...................................................................... 54
Resignation in Good Standing ..................................................................................... 55
Resignations ................................................................................................................ 55
Retirement Contribution ............................................................................................... 62
Retirement Coverage ................................................................................................... 40
Return From Leave of Absence ................................................................................... 35
Revised Probationary Period ........................................................................................ 43
Revocation ................................................................................................................... 55
Safety ........................................................................................................................... 66
Salaries .......................................................................................................................... 7
Scope of Agreement .................................................................................................... 72
Seniority Credits ........................................................................................................... 54
Service Awards ............................................................................................................ 68
Severability of Provisions ............................................................................................. 72
Special Employment Lists ............................................................................................ 20
Sick Leave .................................................................................................................... 24
Skelly Requirements .................................................................................................... 57
Strike/Work Stoppage .................................................................................................. 60
S.W.A.T. Uniform ......................................................................................................... 70
Terms & Conditions of Employment ............................................................................. 51
Time Reporting and Pay Practices Waiver .................................................................. 53
Time Reporting/Time Stamping ................................................................................... 15
Transfer ........................................................................................................................ 12
Unauthorized Absence ................................................................................................. 36
Unfair Labor Practice ................................................................................................... 70
Uniform Allowance ....................................................................................................... 70
Union Release Time Bank - Limited Pilot Program ........................................................ 7
Use of County Buildings ................................................................................................. 5
March 29, 2016 Contra Costa County BOS Official Minutes 301
Vacation Accrual Rates ................................................................................................ 23
Vacation Buy Back ....................................................................................................... 49
Vacation Leave ............................................................................................................ 22
Withdrawal of Membership............................................................................................. 4
Witness Duty ................................................................................................................ 37
Workers’ Compensation ............................................................................................... 29
Workforce Reduction ................................................................................................... 16
March 29, 2016 Contra Costa County BOS Official Minutes 302
MEMORANDUM OF
UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE UNIT
JULY 1, 2016 – JUNE 30, 2019
March 29, 2016Contra Costa County BOS Official Minutes 303
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ............................................................................. 4
1.2 Association Business .................................................................................. 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction .......................................................................................... 4
2.2 Agency Shop ............................................................................................... 4
2.3 Maintenance of Membership ...................................................................... 6
2.4 Withdrawal of Membership ......................................................................... 6
2.5 Communicating With Employees ................................................................ 6
2.6 Use of County Buildings .............................................................................. 7
2.7 Advance Notice ........................................................................................... 7
2.8 Assignment of Classes To Bargaining Units .............................................. 8
SECTION 3 NO DISCRIMINATION ................................................................................ 8
SECTION 4 OFFICIAL REPRESENTATIVES ............................................................... 9
4.1 Attendance at Meetings .............................................................................. 9
4.2 Association Representatives ...................................................................... 9
4.3 DSA President ............................................................................................. 9
4.4 Union Release Time Bank-Limited Pilot Program ...................................... 9
SECTION 5 SALARIES ................................................................................................ 10
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 .................................................................................. 13
5.10 Salary on Involuntary Demotion ................................................................ 14
5.11 Salary on Voluntary Demotion .................................................................. 14
5.12 Transfer ..................................................................................................... 14
5.13 Pay for Work in a Higher Class................................................................. 14
5.14 Payment/Direct Deposit ............................................................................ 15
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ................................................................................................. 17
6.2 Time Changes: Pacific Standard Time/Daylight Savings Time ............... 18
6.3 Time Reporting/Time Stamping ................................................................ 18
6.4 Time Reporting and Pay Practices Waiver ............................................... 18
SECTION 7 OVERTIME AND COMPENSATORY TIME
7.1 Overtime .................................................................................................... 19
7.2 Compensatory Time .................................................................................. 19
7.3 Straight Time Pay ...................................................................................... 19
7.4 Court Appearance Overtime ..................................................................... 20
7.5 Deputy Sheriff-Coroner Overtime ............................................................. 20
7.6 Sergeant Overtime Pay ............................................................................. 20
March 29, 2016 Contra Costa County BOS Official Minutes 304
SECTION 8 CALL BACK TIME .................................................................................... 21
SECTION 9 ON-CALL DUTY ....................................................................................... 21
SECTION 10 SHIFT DIFFERENTIAL ............................................................................. 21
SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
11.1 Workforce Reduction ................................................................................ 23
11.2 Separation Through Layoff ....................................................................... 24
11.3 Notice ........................................................................................................ 27
11.4 Special Employment Lists ......................................................................... 27
11.5 Reassignment of Laid Off Employees ...................................................... 27
SECTION 12 HOLIDAYS
12.1 Holidays Observed .................................................................................... 27
12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day ....... 28
12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off ........... 29
12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day ............ 30
12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off ................... 31
12.6 Permanent Intermittent Employees .......................................................... 32
12.7 Holiday and Compensatory Time Provisions ............................................ 32
SECTION 13 VACATION LEAVE
13.1 Vacation Allowance ................................................................................... 33
13.2 Vacation Accrual Rates............................................................................. 33
13.3 Accrual During Leave Without Pay ........................................................... 34
13.4 Vacation Allowance for Separated Employees ........................................ 35
13.5 Pro-rated Accruals .................................................................................... 35
13.6 Vacation Leave on Reemployment From a Layoff List ............................. 35
13.7 Recovery of Vacation Accrual Overpayments/Underpayments ............... 35
13.8 Maximum Vacation Accrual ...................................................................... 35
SECTION 14 SICK LEAVE
14.1 Purpose ..................................................................................................... 36
14.2 Accrual ...................................................................................................... 36
14.3 Administration of Sick Leave .................................................................... 38
14.4 Disability .................................................................................................... 39
14.5 Workers’ Compensation ........................................................................... 41
14.6 W orker’s Comp & Continuing Pay for Non-Sworn Employees................. 42
14.7 Labor-Management Committee ................................................................ 44
14.8 Accrual During Leave Without Pay ........................................................... 44
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay .................................................................................... 44
15.2 General Administration – Leaves of Absence .......................................... 45
15.3 Family Care or Medical Leave .................................................................. 45
15.4 Pregnancy Disability Leave ....................................................................... 48
15.5 Group Health Plan Coverage .................................................................... 48
15.6 Leave Without Pay - Use of Accruals ....................................................... 48
15.7 Military Leave ............................................................................................ 48
15.8 Return From Leave of Absence ................................................................ 49
15.9 Appeal of Denial ........................................................................................ 50
15.10 Salary Review While on LOA .................................................................... 50
15.11 Unauthorized Absence .............................................................................. 50
March 29, 2016 Contra Costa County BOS Official Minutes 305
SECTION 16 JURY DUTY AND WITNESS DUTY
16.1 Jury Duty ................................................................................................... 50
16.2 Witness Duty ............................................................................................. 51
SECTION 17 MEDICAL, DENTAL, AND LIFE INSURANCE
17.1 Health Plan ................................................................................................ 51
17.2 Contra Costa Health Plan (CCHP) ........................................................... 52
17.3 CalPERS Health Plan Monthly Premium Subsidy .................................... 52
17.4 Dental Plan ................................................................................................ 53
17.5 Dental Plan Contribution ........................................................................... 53
17.6 Orthodontia Coverage ............................................................................... 53
17.7 Rate Information........................................................................................ 53
17.8 Life Insurance Benefit Under Health and Dental Plans ............................ 54
17.9 Life Insurance Contribution ....................................................................... 54
17.10 Premium Payments ................................................................................... 54
17.11 Extended Coverage .................................................................................. 54
17.12 Retirement Coverage ................................................................................ 54
17.13 Dual Coverage .......................................................................................... 55
17.14 Employee Assistance Program ................................................................. 56
17.15 Health Care Spending Account ................................................................ 57
17.16 Dependent Care Assistance Program ...................................................... 57
17.17 Premium Conversion Plan ........................................................................ 57
17.18 Computer Vision Care (CVC) Users Eye Exam ....................................... 57
17.19 Prevailing Section ..................................................................................... 57
SECTION 18 PROBATIONARY PERIOD
18.1 Length of Probation ................................................................................... 58
18.2 Revised Probationary Period .................................................................... 58
18.3 Criteria ....................................................................................................... 58
18.4 Rejection During Probation ....................................................................... 58
18.5 Regular Appointment ................................................................................ 59
18.6 Layoff During Probation ............................................................................ 59
18.7 Rejection During Probation Of Laid Off Employee ................................... 60
18.8 Probationary Deputy Sheriffs into Investigation Division .......................... 60
SECTION 19 PROMOTION
19.1 Competitive Exam ..................................................................................... 60
19.2 Promotion Policy ....................................................................................... 60
19.3 Certification Rules ..................................................................................... 60
19.4 Open Exam ............................................................................................... 60
19.5 Promotion Via Reclassification Without Examination............................... 60
19.6 Requirements for Promotional Standing ................................................... 61
19.7 Seniority Credits ........................................................................................ 61
19.8 Physical Examination ................................................................................ 61
SECTION 20 WORK SCHEDULING
20.1 Shift Assignment Scheduling .................................................................... 61
20.2 Patrol, Detention, Technical Svcs & Court Security Div. Scheduling ....... 62
20.3 Transportation Bureau .............................................................................. 65
20.4 Investigation Division Home Garaging ..................................................... 65
20.5 Investigations Division Scheduling ........................................................... 65
20.6 Classification Scheduling .......................................................................... 65
20.7 Internal Affairs Scheduling ........................................................................ 65
20.8 Selection of Shifts ..................................................................................... 65
20.9 Length of Shift ........................................................................................... 65
20.10 Transfers ............................................................................................... 4658
March 29, 2016 Contra Costa County BOS Official Minutes 306
20.11 Court Security/Detention Time .................................................................. 65
20.12 Dispatcher Reopener ................................................................................ 65
SECTION 21 TRANSFER
21.1 Criteria ....................................................................................................... 66
21.2 Procedure .................................................................................................. 66
21.3 Sheriff’s Aides/Specialist Transfers .......................................................... 66
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing .................................................................. 67
22.2 Constructive Resignation .......................................................................... 67
22.3 Effective Resignation ................................................................................ 67
22.4 Revocation ................................................................................................ 67
22.5 Coerced Resignations............................................................................... 68
SECTION 23 DISMISSAL, SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action .................................................................... 68
23.2 Skelly Requirements – Notice of Proposed Action (Skelly Notice) .......... 69
23.3 Employee Response ................................................................................. 70
23.4 Leave Pending Employee Response ....................................................... 70
23.5 Length of Suspension ............................................................................... 70
23.6 Procedure on Dismissal, Suspensionor Disciplinary Demotion ............... 70
SECTION 24 GRIEVANCE PROCEDURE ..................................................................... 70
24.1 Definition ................................................................................................... 70
24.2 Notice to Association ................................................................................ 72
24.3 Immediate Arbitration ................................................................................ 73
24.4 Compensation Complaints ........................................................................ 74
24.5 Strike/Work Stoppage ............................................................................... 74
24.6 Merit Board ................................................................................................ 75
24.7 Filing by Association ................................................................................. 75
24.8 Letters of Reprimand ................................................................................ 75
24.9 Corrective Counseling System.................................................................. 75
SECTION 25 PERSONNEL FILES ................................................................................ 77
SECTION 26 RETIREMENT CONTRIBUTION
26.1 Payment of Employee Contributions ........................................................ 78
26.2 Safety Retirement Tier Elections .............................................................. 78
26.3 Tier A-Thirty Years of Continuous Service as a Safety Member .............. 79
26.4 Safety Retirement Tier C .......................................................................... 80
26.5 Safety Retirement-Sworn Employees ....................................................... 80
26.6 Retirement Benefit-Non-Sworn ................................................................. 80
SECTION 27 PREMIUM PAYS
27.1 Non-Sworn Training Officer Program ....................................................... 81
27.2 Lead Deputy Sheriff/Corporal Assignment ............................................... 81
27.3 Hazard Pay for Non-Sworn Detention Division ......................................... 82
27.4 Investigations and Special Investigations Unit ......................................... 82
27.5 Forensic Services ..................................................................................... 82
27.6 Sheriff’s Dispatcher P.O.S.T. Certificates................................................. 82
SECTION 28 PEACE OFFICER TRAINING (P.O.S.T.)
28.1 Incentive Program - Purposes .................................................................. 82
28.2 Incentive Program - Definitions ................................................................. 83
28.3 Incentive Program - Intermediate Certificate ............................................ 83
March 29, 2016 Contra Costa County BOS Official Minutes 307
28.4 Incentive Program - Advanced Certificate ................................................ 83
28.5 Incentive Program - Pay Status ................................................................ 83
SECTION 29 UNIFORMS
29.1 Uniform Allowance .................................................................................... 83
29.2 Uniform Allowance Method of Payment.................................................... 84
29.3 S.W.A.T. Uniform ...................................................................................... 84
29.4 Criminalists ................................................................................................ 84
SECTION 30 BILINGUAL PAY ...................................................................................... 84
SECTION 31 COMPENSATION FOR OFF-DUTY CANINE CARE ............................... 85
SECTION 32 DEFERRED COMPENSATION PLAN ..................................................... 86
SECTION 33 LUNCH PERIOD ....................................................................................... 86
SECTION 34 REIMBURSE FOR MEAL EXP/CHARGES FOR DET. DIV. MEALS ...... 86
SECTION 35 COMPENSATION FOR LOSS/DAMAGE TO PERSONAL PROPERTY
35.1 Conditions ................................................................................................. 87
35.2 Policies & Practices .................................................................................. 88
SECTION 36 PAY WARRANT ERRORS ....................................................................... 88
SECTION 37 SERVICE AWARDS ................................................................................. 89
SECTION 38 LENGTH OF SERVICE DEF. (for service awards and vacation accruals) ..... 89
SECTION 39 SAFETY .................................................................................................... 90
SECTION 40 MILEAGE .................................................................................................. 90
SECTION 41 CRITICAL INCIDENT ............................................................................... 90
SECTION 42 DEPARTMENT INVESTIGATIONS .......................................................... 90
SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS ............................... 90
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS ....................... 90
SECTION 45 HEALTH BEN FOR EMPLOYEES NOT OTHERWISE COVERED ........ 91
SECTION 46 PROVISIONAL APPOINTMENT .............................................................. 91
SECTION 47 LABOR/MANAGEMENT COMMITTEE .................................................... 92
SECTION 48 UNFAIR LABOR PRACTICE ................................................................... 92
SECTION 49 ADOPTION ............................................................................................... 92
March 29, 2016 Contra Costa County BOS Official Minutes 308
SECTION 50 SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
50.1 Scope of Agreement ................................................................................. 92
50.2 Severability of Provisions .......................................................................... 92
50.3 Personnel Management Regulations ....................................................... 93
50.4 Duration of Agreement .............................................................................. 93
SECTION 51 PAST PRACTICES/EXISTING
MEMORANDA OF UNDERSTANDING ................................................... 93
ATTACHMENTS
March 29, 2016 Contra Costa County BOS Official Minutes 309
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
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
joint recommendations of the undersigned for salary and benefits for the term as set
forth herein.
March 29, 2016 Contra Costa County BOS Official Minutes 310
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy Sheriffs' Association (DSA).
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.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
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 classifications.
Director of Human Resources: The person designated by the County Administrator
to serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
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/her
return.
Employment List: A list of persons who have been found qualified for employment in
a specific class.
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
have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
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.
March 29, 2016 Contra Costa County BOS Official Minutes 311
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues. Project employees are not
covered by the Merit System and may be terminated at any time without regard to the
provisions of this Memorandum of Understanding, and without right of appeal or
hearing or recourse to the grievance procedure specified herein. Any provision of this
Memorandum of Understanding which pertains to layoff or seniority are not applicable
to project employees.
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.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
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 (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
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.
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.
Resignation: The voluntary termination of permanent service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
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%) of
the top step as the class previously occupied by the employee.
March 29, 2016 Contra Costa County BOS Official Minutes 312
SECTION 1 - RECOGNITION
1.1 Association Recognition. The Association is the formally recognized employee
organization for the Deputy Sheriffs' Rank & File Unit and such organization has been
certified as such pursuant to Chapter 34-12 of Board of Supervisor's Resolution
81/1165.
1.2 Association Business. All elected members of the Board of the governing
body of the DSA and any general member having agendized business before the Board
requiring the member's personal appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The first-line supervisor of the member shall be empowered to grant release time, if the
granting of same would not require added costs (i.e., overtime or replacement by a
temporary employee). Operational impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
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 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. 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
March 29, 2016 Contra Costa County BOS Official Minutes 313
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment; and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 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 and Battered Women's
Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop fees.
The Association shall provide a copy of said Hudson Procedure 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 fee payor to invoke the Association's Hudson Procedure within one
month after actual notice of the Hudson Procedure shall be a waiver by the
employee of their right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.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 a duration of
more than thirty (30) days.
E. Annually, the Association shall file with the Director of Human Resources a
financial statement which shall include an accurate balance sheet and annual
income statement. 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 calendar
year shall result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed.
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" form 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 Section 2.2.B.3 are not received, - and the employee has
not timely invoked the Association's Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have been exhausted - the
Association may, in writing, direct that the County withhold the agency
shop fee and the initiation fee from the employee's salary, 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.
March 29, 2016 Contra Costa County BOS Official Minutes 314
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.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Association.
I. In the event that employees in a bargaining unit represented by the Association
vote to rescind "Agency Shop," the provisions of Sections 2.3 and 2.4 shall apply
to dues-paying members of the Association.
2.3 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 Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31 of the agreed upon contract terms, any
employee may withdraw from Association membership and discontinue paying dues as
of the payroll period commencing September 1 of the current contract year,
discontinuance of dues payments to then be reflected in the October 10th paycheck of
the current contract year. Immediately upon the 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.
An employee in the bargaining unit who terminates membership in the Association
shall, as a condition of continued employment, within 30 days of such termination,
comply with either Section 2.2.B.2 or 2.2.B.3, without any lapse of financial
contributions.
2.5 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
March 29, 2016 Contra Costa County BOS Official Minutes 315
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact an Association
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.6 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 and its use by the Association is scheduled twenty-four
(24) hours in advance;
b. there is no additional 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 prohibited,
even though it may be present in the meeting area.
2.7 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
March 29, 2016 Contra Costa County BOS Official Minutes 316
boards and commissions designated 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 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 designated 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.
2.8 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 Labor Relations
Manager 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
determination.
b. Final Determination. This 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. The Labor Relations Manager 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-day period in Subsection (b), unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for determination
shall conform to those in Subsections (d) through (i) of Section 34-12.008 of
Board of Supervisors Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because
of age. There shall be no discrimination against any disabled person solely because of
such disability unless that disability prevents the person from meeting the minimum
standards established for a position or from carrying out the duties of the position
safely.
March 29, 2016 Contra Costa County BOS Official Minutes 317
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Association 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;
b. if their attendance is sought by a hearing body for presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed pursuant to
Section 24 - Grievance Procedure of this MOU;
d. if they are designated as a grievance 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;
e. 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 or his designee, and the County
agency calling the meeting is responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives. Official representatives of the DSA 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 Labor Relations
Manager 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 Manager, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate department head or his designee.
4.3 DSA President. A position has been placed in the Support Services Bureau for
the assignment of the current DSA president or by mutual agreement, a designee. The
emphasis in duties shall be placed on the Department's support of the County's Human
Rights Commission.
4.4 Union Release Time Bank – Limited Pilot Program.
The parties agree to continue negotiations to develop this limited pilot program for
utilization by both the Management Unit and Rank and File Units of the DSA.
March 29, 2016 Contra Costa County BOS Official Minutes 318
SECTION 5 - SALARIES
5.1 General Wages.
The base rate of pay for all classifications represented by the Deputy Sheriffs’
Association, Rank and File Unit, will be increased as follows:
A. Effective July 1, 2016, or the first of the month following 5.0%
adoption by the Board of Supervisors, whichever comes later.
B. Effective July 1, 2017 5.0%
C. Effective July 1, 2018 5.0%
D. Employees in sworn classifications listed in Attachment A with at least six (6)
steps in the salary range shall be eligible for the sixth salary step in the amount
of two and one-half percent (2.5%) upon meeting both of the following two
conditions: 1) Have a total of sixty (60) months of Contra Costa County service
in a sworn classification in the Office of the Sheriff and 2) have eighteen (18)
months at the top step of a salary range in a classification listed in Attachment A
– Deputy Sheriff’s Association Rank and File Unit Classes-Sworn Unit. Effective
January 1, 2017, the sixth salary step described in this paragraph will be
increased by two and one-half percent (2.5%) for a total sixth step of five percent
(5%) and will remain subject to the same eligibility conditions.
E. Effective January 1, 2017, employees in non-sworn classifications listed in
Attachment A with at least five (5) steps in the salary range and Sheriff’s
Dispatchers II (64WM) will be eligible for an additional salary step in the amount
of two and one-half percent (2.5%) upon meeting both of the following two
conditions: 1) Have a total of sixty (60) months of Contra Costa County service in
the Office of the Sheriff, and 2) Have eighteen (18) months at the top step of a
salary range in a classification listed in Attachment A.
F. Longevity Pay (Non-Sworn). Effective July 1, 2008, non-sworn employees at ten
(10) years of County service shall receive a two and one-half percent (2.5%)
longevity pay differential. County agrees to pay such benefit regardless of the
term of the MOU.
Effective July 1, 2012, non-sworn employees with twenty (20) years of non-sworn
County service shall receive an additional longevity pay differential of two
percent (2.0%).
G. Longevity Pay (Sworn). County and DSA agree to delete the benefits provided
for in Section 27 Physical Fitness Health Care in the 1998-2001 MOU, except as
it applies to Sheriff’s Aides, and replace it with the following language:
Upon completion of fifteen (15) years sworn service, employees shall be eligible
for a five percent (5%) base salary differential.
March 29, 2016 Contra Costa County BOS Official Minutes 319
Effective July 1, 2012, sworn employees with twenty (20) years of sworn County
service, shall receive an additional two percent (2.0%) longevity pay differential.
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.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, 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
months service.
b. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.3.a 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. Transfers, Reallocations and Reclassifications. 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 (5) percent of the top step of the previous
classification, remains unchanged.
e. Reemployments. 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, the anniversary of an
employee who is appointed to a classified position from 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 is one (1) year
after the first calendar day of that month.
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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 Section 5.3 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, except as otherwise provided in deep-class resolutions. 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 the 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 full-time employee under the provisions of this Section 5 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 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 Section 5.9 - Salary on Promotion.
March 29, 2016 Contra Costa County BOS Official Minutes 321
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
allocated 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. In the event that 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 5.8.A above, 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. In the event
that 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. In the event an employee is in a position which is reallocated to a different class
which is 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.
In the event that 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 received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8.
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 shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event 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.
March 29, 2016 Contra Costa County BOS Official Minutes 322
In the event of the promotion 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 an
increase of less than five percent (5%), in which case the salary shall be adjusted to the
step in the new range which is five percent (5%) greater than the next higher step, if the
new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event 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 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee 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 employee shall be placed at the step which is next lower than the
salary received in the old range. If the transfer is to a deep class, the provisions of the
deep class resolution on salary of transfers, if any, shall apply in lieu of the above
provisions.
5.13 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 Section 5.9 - Salary on Promotion of this MOU,
commencing on the eleventh (11th) work day of the assignment, under the following
conditions:
a. The 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.
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b. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties 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. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this MOU.
e. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
h. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential and canine differential) accruing to the employee in his/her
permanent position shall continue unless the employee is no longer performing
the duties which warrant the differentials.
i. 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.
j. 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.
5.14 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 an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
March 29, 2016 Contra Costa County BOS Official Minutes 324
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14 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.
Direct Deposit Provisions. No later than July 1, 2002, all employees shall voluntarily
authorize and make arrangements for the direct deposit of their paychecks via
electronic fund transfer into the financial institution of their choice using forms approved
by the Auditor-Controller and subject to Labor Code section 213. Employees will have
their payroll advice statements mailed to their address on file with the County.
As a condition of continued employment, all employees hired into classifications
represented by the DSA on or after July 1, 2002, shall voluntarily authorize and make
arrangements for the direct deposit of their paychecks via electronic fund transfer into
the financial institution of their choice using forms approved by the Auditor-Controller,
subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided consent
for direct deposit as outlined above, may choose to opt out of direct deposit at a later
date. Individual employees that opt-out of direct deposit will have their pay warrant
mailed to their address on file with the County under regular County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall distribute pay
warrants and/or pay warrant advices via United States mail. Pay warrant and pay
warrant advices shall be mailed directly to each employee’s address on file with the
County subject to the following:
1. If an employee has not received his/her pay warrant or pay warrant advice five
(5) calendar days following the mailing of said warrant or advice, and upon
request of the employee, the County shall issue a replacement pay warrant or
pay warrant advice within twenty-four (24) hours of receiving the employee’s
request for a replacement.
2. Payroll errors shall be corrected as follows:
A. Errors of two hundred dollars ($200) gross or more will be corrected within
five (5) working days.
B. Errors amounting to less than two hundred dollars ($200) gross, shall be
adjusted the next pay period.
C. The hardship requirement will no longer apply to payroll corrections.
D. Request for payroll corrections shall be forwarded by the Department, not
by the employee, to the Auditor’s Payroll Division.
March 29, 2016 Contra Costa County BOS Official Minutes 325
E. Payroll adjustments would be by a paper check as opposed to an
electronic transfer.
F. Items A through E above notwithstanding, the provisions of Section 36 –
Pay Warrant Errors of the current DSA MOU remain in force and effect.
3. There shall be no fee to employees for the processing of pay warrants and/or
pay warrant advices, or for the correction of payroll errors.
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. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 4/10, 9/80, or Coroner’s Bureau “Living in Positions” work
schedule and where the employee is not scheduled to work more than 40 hours
in the work week or 160 hours in the work period as defined in Subsection J.,
below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. 12/80 Work Schedule: A 12/80 work schedule is ONLY available to employees
in the following classifications: Supervising Sheriff Dispatcher (64HD), Sheriff
Dispatcher I (64WK), and Sheriff Dispatcher II (64WM). A 12/80 work schedule
is where an employee works a recurring schedule of thirty-six (36) hours in one
calendar week and forty-four (44) hours in the next calendar week, but only forty
(40) hours in the designated workweek. In the thirty-six (36) hour calendar week,
the employee works three (3) twelve (12) hour days and has the same day of the
week off that is worked for eight (8) hours in the forty-four (44) hour calendar
week. That day is designated as Wednesday. In the forty-four (44) hour
March 29, 2016 Contra Costa County BOS Official Minutes 326
calendar week, the employee works three (3) twelve (12) hour days and one (1)
eight (8) hour day on Wednesday.
G. Coroner’s Division “Living-In Positions” Work Schedule: The work schedule
for employees in the Coroner's Division filling "living-in positions" consists of
three (3) twenty-four (24) hour shifts during a nine (9) calendar day period. The
general order of the work shifts is as follows: 24-hour on duty; 24-hour off duty;
24-hour on duty; 24-hour off duty; 24-hour on duty; followed by four (4)
consecutive days off.
H. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, flexible, and 4/10 work
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
I. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
J. Work Period for Sworn Employees: For employees in classifications listed
under “sworn unit,” the work period is between seven and 28 consecutive days
long.
6.2 Time Changes: Pacific Standard Time/Daylight Savings Time. When the
clocks are set forward one (1) hour for the change to Daylight Savings Time, employees
working at the time of the time-change will work the same number of hours as is
normally required on that shift. This may result in a one (1) hour overlap between the
Morning Shift and Day Shift.
When the clocks are set backward one (1) hour for the change to Pacific Standard
Time, employees working at the time of the time-change will work the additional hour
when necessary. Where appropriate, overtime will be paid for said hour.
6.3 Time Reporting/Time Stamping. Permanent Intermittent (hourly) employees
must timestamp in and out as they begin their work shifts, finish their work shifts, and
take meal periods. Salaried employees will report time off and time worked for special
pays on the electronic timecard.
6.4 Time Reporting and Pay Practices Waiver.
The Association agrees to the implementation of an Automated Timekeeping System.
The Association waives its right to meet and confer regarding any impacts that may
result from the County’s implementation of the automated timekeeping system,
including but not limited to, changes to current departmental time reporting and pay
practices. The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current Payroll system or implement a new County
March 29, 2016 Contra Costa County BOS Official Minutes 327
Payroll System.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Permanent full-time and permanent part-time employees are entitled
to receive overtime pay for any authorized work performed in excess of the employee’s
daily number of scheduled hours. Work performed does not include non-worked hours.
All overtime pay is compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay, not including any differentials or shift pays. Any special
differentials which are applicable during overtime hours worked will be computed on the
employee's base rate of pay (not on the overtime rate of pay).
7.2 Compensatory Time. Effective July 1, 1996 compensatory time off is
eliminated as an option for overtime. The following applies to compensatory time
accrued as of June 30, 1996:
a. Accrued compensatory time off shall be carried over for use in subsequent fiscal
years.
b. When 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.
c. 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 d.
below.
d. 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, accrued
compensatory time balances will be paid off at the straight time rate of two-thirds
the overtime rate for the employee's current salary whenever:
1. the employee separates from County service;
2. the employee retires.
e. Employees who elect to receive compensatory time credit must agree to do so
for a full fiscal year (July 1 through June 30). The employee must notify their
departmental payroll staff of any change in the election by May 31 of each year.
7.3 Straight Time Pay. Permanent full-time and permanent part-time employees
are entitled to receive straight time pay for non-scheduled hours worked in excess of
the employee’s daily number of scheduled hours, but the employee’s total daily number
of hours worked does not exceed the employee’s daily number of scheduled hours.
March 29, 2016 Contra Costa County BOS Official Minutes 328
Straight time pay is compensated at the rate of one (1.0) times the employee’s base
rate of pay (not including any differentials or shift pays).
7.4 Court Appearance Overtime.
A. Employees shall be compensated for off-duty court appearances on work days
as follows:
1. An employee shall be compensated with a three (3) hour overtime
minimum or actual time in court, whichever is greater, for any court
appearance that starts more than one-half hour before an employee’s
shift or more than one-half hour after the conclusion of an employee’s
shift.
2. For court appearances which begin during an employee’s shift or within a
half-hour of the start or conclusion of an employee’s shift, the employee
shall be compensated for actual time worked.
3. An employee shall be entitled to only one (1) three (3) hour minimum each
day.
B. Compensation for court appearances on scheduled days off shall be as follows:
1. An employee shall be compensated with a four (4) hour minimum or
actual time in court, whichever is greater.
2. An employee shall be entitled to not more than two (2) four (4) hour
minimums per day.
3. An employee shall be entitled to only one (1) four (4) hour minimum per
court session, e.g., one in the morning, one in the afternoon, or one in the
evening (after 6:00 p.m.).
7.5 Deputy Sheriff-Coroner Overtime. If a Deputy Sheriff assigned to the
Coroner's Division works overtime anywhere in the Office of the Sheriff, including the
Coroner’s Division, said Deputy Sheriff shall be paid overtime, calculated on the
standard hourly rate applicable to all other deputies.
7.6 Sergeant Overtime Pay. Sergeants may volunteer to work overtime in a Deputy
Sheriff assignment. Sergeants assigned to a Deputy Sheriff position will be
compensated for overtime at their current overtime rate. The above option may be
utilized only when all reasonable efforts to assign the overtime to Deputy Sheriffs have
been exhausted. Sergeants will not be forced to work overtime in a Deputy Sheriff
assignment.
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SECTION 8 - CALL BACK TIME
A permanent full-time and permanent part-time employee who is called back to duty is
entitled to 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. An employee called back to work is entitled to receive Call Back Time pay at
the rate of one and one-half (1.5) times his/her base rate of pay (not including
differentials or shift pays) for the actual Call Back Time worked plus one (1) hour. Such
employee called back to work will be paid a minimum of two (2) hours at the appropriate
rate for each Call Back Time event.
SECTION 9 - ON-CALL DUTY
On-call duty is any time when the employee is not on duty and is not required to be on
County premises. The employee must be ready to immediately report for duty and
must arrange so that his/her superior can reach him/her on ten (10) minutes notice or
less. Employees who are assigned in writing to on-call duty and are carrying pagers will
be compensated at the rate of $272.50 per week or 8 hours compensatory time off for
each full week (7 days) of on-call assignment. The employee is entitled to the on-call
duty pay even if the employee is called back to work while assigned to on-call duty. The
method of compensation will be determined by mutual agreement between the
department and the individual employee.
SECTION 10 – SHIFT DIFFERENTIAL
10.1 Shift Differential. Permanent full-time and permanent part-time employees in
the following classifications may receive a shift differential of five percent (5%) of base
rate of pay for the employee’s entire scheduled shift when the employee is scheduled to
work for four (4) or more hours between 5:00 p.m. and 9:00 a.m.
Fingerprint Examiner I (64WH)
Fingerprint Examiner II (64VG)
Fingerprint Technician I (64WJ)
Fingerprint Technician II (64VH)
Supervising Fingerprint Examiner (64HB)
Supervising Fingerprint Technician (64HC)
Sheriff's Aide (64VF)
Sheriff's Specialist (64VE)
In order to receive the shift differential, the employee must start work between the
hours of midnight and 5:00 a.m. or between 11:00 a.m. and midnight on the day the
shift is scheduled to begin. Hours worked in excess of the employee’s scheduled
workday will count towards qualifying for the shift differential, but the employee will not
be paid the shift differential on any excess hours worked.
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A. Evening Watch Shift Differential
The Evening Watch is defined as time worked between 1600 hours and 0000
hours. Permanent full-time and permanent part-time employees in the
classifications of Supervising Dispatcher (64HD), Dispatcher I (64WK), and
Dispatcher II (64WM) may receive an Evening Watch Shift Differential of five
percent (5%) of base rate of pay for the employee’s entire scheduled shift when
the employee works four (4) or more hours between 1600 and 0000 hours.
B. Morning Watch Shift Differential
The Morning Watch is defined as time worked between the hours of 0000 hours
and 0800 hours. Permanent full-time and permanent part-time employees in the
classifications of Supervising Dispatcher (64HD), Dispatcher I (64WK), and
Dispatcher II (64WM) may receive a Morning Watch Shift Differential of three
percent (3%) of base rate of pay for the employee’s entire scheduled shift when
the employee works four (4) or more hours between the hours of 0000 and 0800.
C. Hours worked in excess of the employee’s scheduled workday will count toward
qualifying for the Morning Watch Shift Differential or the Evening Watch Shift
Differential, but the employee will not be paid the differential on any excess
hours worked.
D. Permanent full-time and permanent part-time employees who commence a
vacation, paid sick leave period, paid disability or other paid leave, immediately
after working a shift that qualifies for the Shift Differential, Morning Watch Shift
Differential or Evening Watch Shift Differential, will have the differential included
in computing the pay for their time on paid leave. Employees on a rotating shift
schedule who commence a vacation, paid sick leave, paid disability, or other
paid leave will be paid the differential that they would have received had the
employees worked the scheduled shift during the period of paid leave. The
differential will only be paid during paid sick leave and paid disability as provided
above, for the first thirty (30) calendar days of each absence.
E. Relief shifts will qualify according to the base shift assigned. The relief shift
employee will not lose or gain any benefit should they be assigned to provide
relief on any other shift.
F. A Trainee’s base shift is Day Watch and does not qualify for this differential.
Trainees may qualify for the differentials described above on the first (1st) of the
month following their release from the Training Program.
The provisions detailed above do not in any way affect or reduce the rights reserved by
the Sheriff, including those outlined in Section 20- Work Scheduling, of the MOU.
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SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
11.1 Workforce Reduction. In the event that 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. 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).
e. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
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.
f. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
March 29, 2016 Contra Costa County BOS Official Minutes 332
11.2 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 a department shall be based on inverse
seniority in the class of positions, the employee in that 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 a permanent-intermittent or 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 of 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.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type
respectively.
2. A permanent full time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class, or 2) in a class of the
same or lower salary level if no full time 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. 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
March 29, 2016 Contra Costa County BOS Official Minutes 333
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
other classes 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 period of layoff eligibility.
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 has 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 as a result of a layoff or displacement, or who
have voluntarily demoted in lieu of layoff or displacement or who have
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 and 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.
March 29, 2016 Contra Costa County BOS Official Minutes 334
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.
W hen 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.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1. For any cause stipulated in Section 404.1 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.
7. 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.
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11.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a TET 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).
11.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time or intermittent 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 each 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 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A.
January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
February 12th, known as Lincoln's Birthday
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
March 29, 2016 Contra Costa County BOS Official Minutes 336
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.
For employees who work in a twenty-four (24) hour operation and whose
regularly assigned schedule results in the employee working a holiday, any
holiday that falls on a Saturday will be observed on a Saturday, and any holiday
that falls on a Sunday will be observed on a Sunday.
B. Personnel represented by the DSA, except Deputy Sheriff-Recruit-Fixed Term
(6X7A), who are in the following assignments on Columbus Day, Admission Day
or Lincoln's Birthday, will not observe a holiday on those days, but will accrue
personal holiday credits:
• Investigation Division (except Orinda contract officers)
• Forensic Services Division
• Administration Division
• Coroner's Division (Sergeant only)
• Detention Division (Bureau of Administrative Services only)
• Technical Services Division (Civil Unit)
Employees will accrue eight (8) hours of personal holiday credit for each of the
three days (Columbus Day, Admission Day and Lincoln's Birthday) on which they
are in the above assignments. The credit will be accrued on the last day of the
month in which these days occur. No employee may accrue more than forty (40)
hours of personal holiday credit beginning January 1, 1988; this accrual is in
addition to that provided in Section 12.5. On separation from County service, an
employee shall be paid for any unused personal holiday credits at the
employee's then current rate of pay.
C. All Court Security Division personnel will celebrate a holiday on Columbus Day
and Admission Day. Lincoln's Birthday will be a mandatory training day for which
employees will receive eight (8) hours of personal holiday credit.
D. Personal holiday credit may be taken in one minute increments.
12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holidays Observed – Full-time Employees: Full-time employees are entitled
to observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County. When a full-time employee is scheduled to
work less than eight (8) hours on a holiday and the employee observes the
holiday, the employee is also entitled to receive flexible pay at the rate of one
(1.0) times his/her base rate of pay (not including differentials) for the difference
between eight (8) hours and the hours the employee was scheduled to work on
the holiday.
March 29, 2016 Contra Costa County BOS Official Minutes 337
B. Holiday Observed in Excess of Eight (8) hours: When a holiday falls on a
full-time employee’s scheduled workday, the employee is entitled to only eight
(8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the
employee must use one (1) hour of non-sick leave accruals. If the workday is a
ten (10) hour day, the employee must use two (2) hours of non-sick leave
accruals. If the workday is a twelve (12) hour day, the employee must use four
(4) hours of non-sick leave accruals. If the employee does not have any non-
sick leave accrual balances, leave without pay (AWOP) will be authorized.
C. Holiday 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
eight (8) hours, without a reduction in pay. For example, a part-time employee
whose position hours are 24 hours 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 less than the employee’s “Part-
Time employee’s holiday hours,” the employee is also entitled to receive flexible
pay at the rate of one (1.0) times his/her base rate of pay (not including
differentials) for the difference between the employee’s “scheduled work hours”
and the employee’s “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.
12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by the County on the
scheduled day off of a full-time employee, the employee is entitled to take eight
(8) hours off, without a reduction in pay, in recognition of the holiday.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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 a maximum of eight (8) hours.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
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his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a holiday is observed by the County on the
scheduled day off of a part time employee, the part time employee is entitled to
observe the holiday in the amount of the “Part-Time employee’s holiday hours,”
without a reduction in pay, in recognition of the holiday.
1. Employee Works on his/her Next Scheduled Work Day Following a
Holiday: When a part time employee works on his/her next scheduled
work day following a holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) up to a maximum amount of the “part-time
employee’s holiday hours”.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following a Holiday: When a part time employee does NOT work on
his/her next scheduled work day following a holiday, the employee is
entitled to take the day off without a reduction in pay in recognition of
his/her regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
will not work on the next scheduled work day following a holiday.
12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time employee works on a holiday that falls
on the employee’s scheduled work day, the employee is entitled to receive
his/her regular salary. The employee is also entitled to receive holiday pay at the
rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) or holiday compensation time at the same rate, for all hours worked
up to a maximum of eight (8) hours. When a full-time employee works on a
holiday that falls on a scheduled work day that is less than an eight (8) hour shift
(“short shift”), the employee is also entitled to receive flexible pay at the rate of
one (1.0) times his/her base rate of pay for the difference between eight (8)
hours and the employee’s “short shift” hours. When a full-time employee is
scheduled to work more than eight (8) hours on a holiday (long shift) and the
employee works more than the scheduled long shift hours, the employee is
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 beyond the long
shift hours.
B. Part-Time Employee: 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
March 29, 2016 Contra Costa County BOS Official Minutes 339
receive his/her regular salary. The part-time employee is also entitled to receive
holiday pay at the rate of one and one-half (1.5) times his/her base rate of pay
(not including differentials) or holiday compensatory time at the same rate for all
hours worked on the holiday, up to a maximum of eight (8) hours.
When a part-time employee is schedule to work less than the employee’s “part-
time employee’s holiday hours” on a holiday (short shift) and the employee works
that short shift, the employee is also entitled to receive flexible pay at the rate of
one (1.0) times his/her base rate of pay (not including differentials) for the
difference between the “part-time employee’s holiday hours” and the short shift.
When a part-time employee is scheduled to work more than his/her “part-time
employee’s holiday hours” on a holiday (long shift) and the employee works
more than the long shift hours, the employee is entitled to receive straight time
pay at the rate of one (1.0) times his/her base rate of pay (not including
differentials) for all hours worked beyond the long shift hours, up to a maximum
of eight (8) hours. If the same part-time employee works all of his/her long shift
hours and also works more than eight (8) hours on that holiday, then the part-
time employee is 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 that holiday beyond eight (8) hours.
12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off:
A. Full-Time Employee: When a full time employee works on a holiday that falls
on the employee’s scheduled day off, the employee is entitled to receive his/her
regular salary. The employee is also 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.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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 a maximum of eight (8) hours.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a part-time employee works on a holiday that falls
on the employee’s scheduled day off, the employee is entitled to receive his/her
regular salary. The part-time employee is also entitled to receive overtime pay at
March 29, 2016 Contra Costa County BOS Official Minutes 340
the rate of one and one-half (1.5) times his/her base rate of pay (not including
differentials) for all hours worked.
1. Employee Works on his/her Next Scheduled Work Day Following a
Holiday: When a part-time employee works on his/her next scheduled
work day following a holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) up to a maximum amount of the “part-time
employee’s holiday hours.”
2. Employee does NOT work on his/her Next Scheduled Work Day
Following a Holiday: When a part-time employee does NOT work on
his/her next scheduled work day following a holiday, the employee is
entitled to take the day off without a reduction in pay, in recognition of
his/her regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
will not work on the next scheduled work day following a holiday.
12.6 Permanent Intermittent Employees
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 a maximum of eight (8) hours worked on the
holiday.
12.7 Holiday and Compensatory Time Provisions:
A. Employees who elect to receive holiday compensatory time credit must agree to
do so for a full fiscal year (July 1 through June 30). The employee must notify
their departmental payroll staff of any change in the election by May 31 of each
year.
B. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory
time may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive holiday pay at the rate of one and one half (1.5) times
his/her base rate of pay. Holiday compensatory time may be taken at those
dates and times determined by mutual agreement of the employee and the
Department Head or designee.
C. Use of Holiday Comp Time: Employees may utilize up to five (5) days of
accrued holiday time in conjunction with their earned two (2) week vacation.
Accrued holiday time may be taken off at times determined by mutual agreement
of the employee and the department head.
D. Pay Off of Holiday Comp Time: Holiday compensatory time will be paid off
only upon a change in status. A change in status includes, but is not limited to,
March 29, 2016 Contra Costa County BOS Official Minutes 341
separation, transfer to another department, reassignment to a permanent-
intermittent position, or transfer, assignment, or promotion into a position that is
not eligible for holiday compensatory time.
The Sheriff’s Department will continue its present policy of reviewing requests
made by employees for a cashout of holiday compensatory time off credits under
exigent circumstances and where appropriate will recommend to the County
Administrator that such request be granted. If the County Administrator agrees
with the Department’s recommendation, he will send the request to the Auditor-
Controller’s Office for payment. It is understood that the decision of the Sheriff-
Coroner and/or the decision of the County Administrator are not subject to the
grievance procedure.
SECTION 13 - VACATION LEAVE
13.1 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
5.6 of this MOU.
Vacation credits may be taken in one (1) minute increments and may not be rounded.
Vacation 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.
13.2 Vacation Accrual Rates. For employees hired prior to January 1, 1983 the
rates at which vacation credits accrue and the maximum accumulation thereof are as
follows:
Monthly Maximum
Accrual 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 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
For employees hired on or after January 1, 1983, the rates at which vacation credits
accrue, and the maximum accumulation thereof, are as follows:
March 29, 2016 Contra Costa County BOS Official Minutes 342
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 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 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
Effective July 1, 1992 for employees regularly assigned and working in the Martinez
Detention Facility, West County Detention Facility, Marsh Creek Detention Facility, and
the Custody Alternative Facility, the rates at which vacation credits accrue, and the
maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 1 year 6-2/3 160
1 year 7-1/3 176
2 years 8 192
3 years 8-2/3 208
4 years 9-1/3 224
5 through 10 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 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
If an employee with less than five (5) years service is regularly assigned and working in
the Detention Division and transferred to another division, that employee shall continue
to accrue vacation credits at the same rate he/she was accruing when transferred until
he/she attains his/her fifth year anniversary date in which case the employee will accrue
at the rates specified above. If the employee returns to the Detention Division on a
regularly assigned basis, he/she will accrue vacation at the above-specified rates while
so assigned.
13.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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.
Exception: Employees on unpaid military leave shall accrue vacation credits.
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13.4 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.
13.5 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided in
Resolution 81/1165, Section 32-2.006.
13.6 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 (6) 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.
13.7 Recovery of Vacation Accrual Overpayments/Underpayments. Effective
October 1, 1997, any and all future underpayments of vacation accruals will be
corrected and restored retroactively for up to a three (3) year period from the date of the
discovery of the error. Upon authorization from the Labor Relations Manager, the
County Auditor-Controller’s Payroll Division will make the necessary adjustments to
credit said employee with the correct amount of vacation accruals due.
In the event restoration of vacation accruals results in an amount which is equal to or
above maximum cumulative accruals allowed, the amount restored will be carried and
tracked by the employee’s department on an informal basis. It is the employee’s
responsibility to use said hours before or in tandem with his/her official vacation leave
prior to an agreed-upon date, but no later than one (1) year from the date of the
agreement between the employee and the department. At that time, any remaining
restored hours carried on an informal basis will be lost.
Effective October 1, 1997, any an all future overpayments of vacation accruals will be
corrected and recouped by the County retroactively for up to a three (3) year period
from the date of the discovery of the error. The employee will repay the County the
amount of vacation accruals due by allowing the County to deduct the amount of
overpaid vacation accruals from the employee’s current vacation accruals. If the
employee’s vacation accruals are not sufficient to cover the overpayment, personal
holiday and, if applicable, administrative leave accruals will be used. If the
aforementioned accruals are not sufficient to cover the overpayment, the County will
withhold future vacation accruals until the overpayment has been recouped.
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.
13.8 Maximum Vacation Accrual. The Department agrees to schedule vacations to
prevent loss of accrued and accruing vacation provided that the individual employee
March 29, 2016 Contra Costa County BOS Official Minutes 344
gives sixty (60) calendar days advance written notice to the Division Commander that
he/she is approaching his/her maximum accrual.
SECTION 14 - SICK LEAVE
14.1 Purpose. The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may be used
only as authorized; it is not paid time off which employees may use for personal
activities.
14.2 Accrual. 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 (1)
minute increments and may not be rounded. Unused sick leave credits accumulate
from year to year. When an employee is separated, other than through retirement,
accumulated sick leave credits shall be cancelled, unless the separation results from
layoff in which case the accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
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:
A. An employee may use paid sick leave credits when the employee is off work
because of a temporary illness or injury.
B. 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 conditions listed below. For the purposes of this
Section 14, permanent disability shall mean the employee suffers from a
disabling physical injury or illness and is thereby prevented from engaging in any
County occupation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due to disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability. The appointing authority may review medical
evidence and order further examination as he deems necessary, and may
March 29, 2016 Contra Costa County BOS Official Minutes 345
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.
C. Communicable Disease. An employee may use paid sick leave credits while
under a physician's orders to remain secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female employee shall be
entitled to at least four (4) months leave of absence on account of pregnancy
disability and to use available sick leave or vacation pay entitlements during such
leave.
1. 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. The appointing authority retains the
right to medical review of all requests for such leave.
2. If a female employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform her
work or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the County, and the cost of such
examination shall be borne by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. If all accrued sick leave has been utilized by the employee, the employee
shall be considered on leave without pay. 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
date of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave credits
for medical and dental appointments as follows:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year) used by an
employee for pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home and for children
March 29, 2016 Contra Costa County BOS Official Minutes 346
and parents who may reside outside of the employee's home. Such use of
sick leave credits shall be accounted for by the department on a fiscal
year basis. Any balance of the forty (40) hours remaining at the end of the
fiscal year shall not be carried over to the next year; departments shall
notify the employee if the maximum allowance is reached. Authorization to
use sick leave for this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of sick leave which
employees may charge.
F. Emergency Care of Family. An employee may use paid sick leave for working
time used in cases of illness, or injury to, an immediate family member living in
the employee's home, or for children and parents who may reside outside of the
employee's home.
G. Death of Family Member. An employee may use said sick leave credits for
absence from work because of a death in the employee's immediate family, but
this shall not exceed three (3) working days plus up to two (2) days of work time
for necessary travel.
H. Definition of Immediate Family. For the purposes of this Section 14, the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law or domestic partner of an employee.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be
used in the following situations:
A. Self-inflicted Injury. For time off from work for an employee's illness or injury
caused by his or her willful misconduct.
B. Vacation. For an employee's illness or injury while the employee is on vacation
except when extenuating circumstances exist and the appointing authority
approves.
C. Not in Pay Status. When the employee would otherwise be eligible to use paid
sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. The following procedures apply:
A. Employees are responsible for notifying their respective division of an absence
as early as possible prior to the commencement of their work shift and in
accordance with divisional operational requirements. Notification shall include
the reason and possible duration of the absence.
B. Employees are responsible for keeping their department informed of their
continuing condition and probable date of return to work.
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C. Employees are responsible for obtaining advance approval from their appointing
authority or designee for the schedule time of prearranged personal or family
medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse of
sick leave on the part of the employee is cause for disciplinary action. To ascertain the
propriety of claims against sick leave, the department head may make such
investigations as he deems necessary including medical verification of illness.
14.4 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 l937. 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 employees 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 employee's paid time, a physical, medical and/or
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 (2) 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 or
psychologist, 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
deems necessary in accordance with appropriate provisions of this MOU.
March 29, 2016 Contra Costa County BOS Official Minutes 348
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, 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 certified mail, effective either upon personal
delivery or deposit in the U.S. 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
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
March 29, 2016 Contra Costa County BOS Official Minutes 349
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 shall hear and review the evidence. The decision of
the Disability Review Arbitrator shall be binding on both the County and the
employee.
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
b. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
c. 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.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
14.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor
Code 4850 who are members of the Contra Costa County Retirement System
continue to receive full salary benefits in lieu of temporary disability during any
absence from work which qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness. To be
eligible for this benefit the employee must be under the care of a physician. All
4850 pay shall be approved by the County Administrator's Office, Risk
Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance
with the provision of State Labor Code 4850.
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C. 4850 Pay Beyond One Year. If an injured employee remains eligible for
Workers' Compensation temporary disability benefits beyond one year, full salary
will continue by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits (use of vacation accruals must be approved by the
department and the employee). If salary integration is no longer available
because accruals are exhausted, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and who has
exhausted 4850 pay eligibility will continue to receive full salary by integrating
sick leave and/or vacation accruals with Workers' Compensation rehabilitation
temporary disability benefits. When these accruals are exhausted, the
rehabilitation temporary disability benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the 4850 pay period and during integration of sick leave
or vacation with Workers' Compensation benefits.
F. Integration Formula. 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 hrs.)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.6 Workers' Compensation & Continuing Pay for Non-Sworn Employees.
A. Waiting Period.
1. Employees who leave work as a result of an on the job injury will have the
balance of that day charged to sick leave and/or vacation accruals. This will be
considered as the last day worked for purposes of determining Workers’
Compensation benefits.
2. There is a three (3) calendar day waiting period before Workers’ Compensation
benefits commence. If the injured worker loses any time 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 day of injury, the waiting period will be the first three (3)
calendar days the employee does not work as a result 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.
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B. Continuing Pay.
1. A permanent employee shall receive 88% of regular monthly salary during any
period of compensable temporary disability absence not to exceed one year. For
accepted claims on or after January 1, 1997, the percentage of pay for
employees entitled to Workers' Compensation shall be decreased from 88% to
87%. For accepted claims on or after January 1, 2000, the percentage of pay for
employees entitled to Workers’ Compensation shall be decreased from 87% to
86%. "Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which qualifies for
temporary disability compensation under Workers' Compensation Law set forth
in Division 4 of the California Labor Code. When any disability becomes
medically permanent and stationary, the salary provided by this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him from any County funded Workers’ Compensation or
other County wage replacement program. 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.
The maximum period of continuing pay for any one injury or illness shall be up to
one (1) year from the date of temporary disability.
If Workers' Compensation becomes taxable, the County agrees to restore the
benefit to (100% of monthly salary).
2. Continuing pay begins at the same time that temporary Workers' Compensation
starts and continues until the temporary disability ends, or until one (1) year from
the date of temporary disability payments, 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, suspension or any other action that determines
the employee is no longer employed by the County. In these instances,
employee 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.
3. Employees injured on or after the implementation date of this provision for the
majority of County employees, shall receive 80% for twelve consecutive months
from the date of injury. Employees injured after twelve consecutive from the
implementation date, shall receive 75% for twelve consecutive months from the
date of injury. Employees injured after 24 months from the initial implementation
date, shall receive 70% for twelve consecutive months from date of injury.
C. 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. Said visits are to be scheduled
contiguous to either the beginning or end of the scheduled work day whenever
March 29, 2016 Contra Costa County BOS Official Minutes 352
possible. This provision applies only to injuries/illnesses that have been accepted
by the County as a job connected injury.
D. Full Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, the employee's applicable salary will
continue by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer available, Workers'
Compensation benefits will be paid directly to the employee as prescribed by
Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose disability
is medically permanent and stationary will continue to receive his/her applicable
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.
F. 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.
G. 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
14.7 Labor-Management Committee.
On May 26, 1981 the Board of Supervisors established a labor-management committee
to administer a rehabilitation program for disabled County employees. It is understood
that the benefits specified above in this Section 14 shall be coordinated with any
disabled employee's rehabilitation program.
14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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. Exception: Employees on unpaid military leave shall accrue sick leave credits.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has permanent status in the classified
service 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.
March 29, 2016 Contra Costa County BOS Official Minutes 353
15.2 General Administration - Leaves of Absence. 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.
A. Leave without pay may be granted for up to one (1) year for any of the following
reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
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 should request a leave of absence 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 employer within
five (5) days of learning of the event by which the need for a leave of absence
arises.
C. An 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.
15.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of absence under Section 15,
the following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee, or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
2. Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. Spouse: A partner in marriage as defined in Family Code Section 297.
4. Domestic Partner: As defined in Family Code Section 297.
March 29, 2016 Contra Costa County BOS Official Minutes 354
5. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. an estimate of the amount of time which the employee needs to
render care or supervision;
d. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
e. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
work schedule leave is necessary for the care of the individual or
will assist in their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. a statement that the employee is unable to perform the functions of
the employee's job;
d. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced work schedule leave and its expected
duration.
March 29, 2016 Contra Costa County BOS Official Minutes 355
8. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
B. Section 15.2 notwithstanding, any employee who has permanent status, been
employed by the County for at least twelve (12) months and who has worked at
least 1250 hours in the previous twelve (12) month period shall be granted upon
request to the appointing authority, a leave of absence due to the employee’s
serious health condition or for family care leave (FMLA) for up to twelve (12)
weeks during a rolling twelve (12) month period (measured backward from the
date an employee uses any FMLA leave) in accordance with the following
provisions:
EXAMPLE: An employee takes time away from work due to the birth of their
child in May. The leave period lasts twelve (12) weeks. In November, they are
scheduled for surgery. Their leave request in November cannot be counted
towards FMLA because they have already utilized their 12 week entitlement
during their leave in May.
1. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
2. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
Notwithstanding the above, the Sheriff may in his/her sole discretion, on a
case by case basis, waive the 1250 hour requirement.
C. Intermittent Use of Leave. The twelve (12) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 15.6.B below. When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the twelve (12) week
entitlement.
March 29, 2016 Contra Costa County BOS Official Minutes 356
D. Use for Spouse. In the situation where husband and wife are both employed by
the County, the family care or medical leave entitlement based on the birth,
adoption or foster care of a child is twelve (12) weeks each during each
calendar year period.
15.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.2.D - Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family care leave period.
15.5 Group Health Plan Coverage.
A. During Leave of Absence. 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 in pay status as described in Section 15.6. 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.
B. During Medical or Family Care Leave. During the twelve (12) weeks of an
approved medical or family care leave under Section 15.3 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 Section 15.6. 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.
15.6 Leave Without Pay - Use of Accruals.
A. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14 - Sick Leave.
15.7 Military Leave. Any employee who is required 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. An employee who volunteers for such service shall be granted a leave
of absence if necessary 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, by reason 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.
March 29, 2016 Contra Costa County BOS Official Minutes 357
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.
15.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has been granted a leave without
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 early return provided, however, that less notification
may be approved at the discretion of the appointing authority or his/her
designee. Early return is subject to prior approval by the appointing authority.
The Human Resources Department shall be notified promptly of such return.
B. Leave of Absence 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.
C. Leave of Absence Replacement. In case of severance from service or
displacement by reason of the reinstatement of a permanent employee returning
from a leave of absence, the provisions of Section 11 - Seniority, Workforce
Reduction, Layoff, & Reassignment, seniority shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. 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 720 hours, including use of accruals, of
intermittent or reduced work 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.
E. Shift Bidding. An employee who is on a leave of absence more than thirty (30)
days, or scheduled to be on a leave of absence of more than thirty (30) days at
the time of a quarterly sign-up, shall not be allowed to bid on a shift. Upon return,
the employee shall be placed in an available shift, at the County’s discretion.
March 29, 2016 Contra Costa County BOS Official Minutes 358
15.9 Appeal of Denial. The decision of the appointing authority on granting or
denying 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.
15.10 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 receive salary increments that may accrue to them
during the period of military leave.
15.11 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked, or
cancelled 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 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Municipal, 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:
a. 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. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
Absence/Overtime Record must be submitted to the department payroll clerk.
March 29, 2016 Contra Costa County BOS Official Minutes 359
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.
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.
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. Participants in 9/80
or 4/10 work schedules will not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
16.2 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 Section 16 of this MOU.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 17 – MEDICAL, DENTAL, AND LIFE INSURANCE
17.1 Health Plan. The County will provide group health benefits through the
California Public Employees’ Retirement System (CalPERS) for all permanent full-time
employees, and permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by DSA. The CalPERS health care
program, as regulated by the Public Employees’ Medical and Hospital Care Act
(PEMHCA), regulations issued pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan issues for employees who receive
health care coverage from CalPERS, including, but not limited to, eligibility, benefit
plans, benefit levels, minimum premium subsidies, and costs.
March 29, 2016 Contra Costa County BOS Official Minutes 360
17.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, DSA members and COBRA counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
17.3 CalPERS Health Plan Monthly Premium Subsidy. The County’s subsidy to
the CalPERS monthly health plan premiums is as provided below. The employee must
pay any CalPERS health plan premium costs that are greater than the County’s subsidy
identified in Section 17.3(A).
A. County Premium Subsidy On and After January 1, 2012. Beginning on
January 1, 2012, the amount of the County premium subsidy that is paid for
employees and eligible family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only $ 528.18
Employee/Retiree/Survivor
& One Dependent $1,056.36
Employee/Retiree/Survivor &
Two or more Dependents $1,373.27
B. County Premium Subsidy On and After January 1, 2013. Beginning on
January 1, 2013, the County will pay the monthly premium subsidy amounts for
employees and eligible family members that are stated in section A (1) above. In
addition, if there is an increase in the Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent (75%) of that increase, and the
employees will pay twenty-five percent (25%) of that increase.
C. County Premium Subsidy On and After January 1, 2014. For the plan year
that begins on January 1, 2014, the County will pay a monthly premium subsidy
for each health plan that is equal to the actual dollar monthly premium subsidy
that is paid by the County as of November 30, 2013. In addition, if there is an
increase in the monthly premium charged by a health plan for 2014, the County
and the employee will each pay fifty percent (50%) of that increase. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase above the 2013 plan premium.
D. Effective January 1, 2014, in the first calendar year that a new health plan is
offered, the County monthly premium subsidy will be equal to the corresponding
Kaiser monthly premium in the CalPERS region for that health plan. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase that is above the plan premium for the
first year of the new plan.
March 29, 2016 Contra Costa County BOS Official Minutes 361
E. In the event, in whole or in part, that the above County premium subsidy
amounts are greater than one hundred percent (100%) of the applicable
premium of any plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
17.4 Dental Plan. The County may, during the term of this MOU, change dental care
providers, so long as the level of benefits provided is not reduced.
17.5 Dental Plan Contribution.
The County’s contribution to the monthly dental plan premiums shall be as provided
below. These contributions are provided only for permanent full-time and permanent
part-time employees regularly scheduled to work at least twenty (20) hours per week.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hour per week may enroll in a dental plan but are not entitled to the County’s
contribution. Any increases in dental plan costs greater than the County’s contributions
identified below during the duration of this M.O.U. shall be borne by the employee:
a. Delta, and PMI Delta Care: County will contribute seventy-seven percent (77%)
toward the monthly dental premium. Beginning on January 1, 2014, the County
will pay a monthly dental premium subsidy for each dental plan that is equal to
the actual dollar monthly premium subsidy that is paid by the County for 2013. If
there is an increase in the premium charged by a dental plan for 2014, the
County and the employee will each pay fifty percent (50%) of the increase. For
each calendar year thereafter, the County and the employee will each pay fifty
percent (50%) of the premium increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect dental coverage as stated above without
health coverage will pay one cent ($.01) per month for such coverage.
Beginning on January 1, 2014, the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the actual dollar monthly premium
subsidy that is paid by the County for 2013. If there is an increase in the
premium charged by a dental plan for 2014, the County and the employee will
each pay fifty percent (50%) of the increase. For each calendar year thereafter,
the County and the employee will each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
17.6 Orthodontia Coverage. The County will continue to offer Orthodontia coverage
to all permanent employees in classes represented by the DSA who participate in a
County dental plan. The cost for orthodontia coverage is borne 100% by each enrolled
employee. Premium payments are made by payroll deduction or direct pay, as
applicable.
17.7 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and departments upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and departments information about rate
changes as they occur during the year.
March 29, 2016 Contra Costa County BOS Official Minutes 362
17.8 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a County sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
17.9 Life Insurance Contribution. The County will pay the entire premium on behalf
of permanent full-time and permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance Plan at their full personal
expense, which shall not exceed the County’s cost, provided they elect health and/or
dental coverage.
17.10 Premium Payments. Employee participation in any medical, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The County's contribution to
health plan and dental plan monthly premiums are payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan). The County's contribution to
the health plan premium is payable one (1) month in advance. If an employee’s
compensation in any month is not sufficient to pay the employee share of the
premium, the employee must make up the difference by remitting the amount
delinquent to the County. The responsibility for this payment rests solely with
the employee.
B. Dental and Life Insurance Plans. The County's contribution to the dental and
life insurance premium (as described in Sections 17.5 and 17.9) is payable
monthly. If an employee’s compensation in any month is not sufficient to pay
the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the County. The responsibility
for this payment rests solely with the employee.
17.11 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is covered through the last day of the
month in which he/she is paid for County dental plans and through the last day of the
month following the month of termination for CalPERS plans. Employees who terminate
County employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
17.12 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same County group medical plan if immediately before their
retirement they are currently enrolled in one of the County sponsored CalPERS Health
Plans or if on authorized leave of absence without pay, they have retained continuous
coverage during the leave period.
March 29, 2016 Contra Costa County BOS Official Minutes 363
1. Government Code section 22892 applies to all employees who were hired
on or before January 1, 2007, and to all employees who are hired on or
after October 1, 2011.
2. For employees hired between January 2, 2007 and September 30, 2011,
inclusive, Government Code section 22892 does not apply, and the
following provisions apply instead:
a. As soon as practical the County will modify its agreement with the
CalPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22893 for employees who are hired on
or after January 2, 2007, but before October 1, 2011.
b. Government Code Section 22893. Notwithstanding Section 22892,
the percentage of employer contribution payable for post-retirement
health benefits for any employee of a contracting agency subject to
this section shall, except as provided in Government Code Section
22893, subdivision (b), be based on the member’s completed years
of credited county service at retirement as shown in the following
table:
Credited Years
of Service
Percentage of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall be adjusted each year in accordance with
Government Code Section 22893.
The County will provide medical premium payments for employees who retire
from the County in accordance with Government Code Section 22893.
17.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
March 29, 2016 Contra Costa County BOS Official Minutes 364
B. On and after January 1, 2012, each employee and retiree may be covered by
only a single County health and/or a single County dental plan. For example, a
County employee may be covered under a single County health 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.
C. On and after January 1, 2012, each dependent may be covered by the health
and/or dental plan of only one spouse or one domestic partner. For example,
when both parents are County employees, all of their eligible children may be
covered as dependents of either, parent, but not both.
D. For purposes of this section 17.13 - Dual Coverage, "County" includes the
County of Contra Costa and all Board of Supervisors governed special districts,
such as the Contra Costa County Fire Protection District.
17.14 Employee Assistance Program. Any County contract which provides an
employee assistance program applicable to DSA represented employees, including the
present contract with Occupational Health Services, shall include the following
language: "Records, including any information whether recorded or not, pertaining to
the identity, diagnosis or treatment of any employee or the employee's family
dependent(s) which are maintained in connection with the performance of this contract
shall be confidential, even as to the employer, and disclosed only under the following
circumstances:
A. When disclosure is authorized with the written and signed consent of the
employee or the family dependent(s). Such consent must state:
1. the name of the person or organization to whom disclosure is to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure.
B. When an employee's records are subpoenaed and are not otherwise protected
by professional privileged relationships, contractor will notify the employee
whose records are subpoenaed immediately by phone, if possible, and in any
event in writing as soon as possible. Written communication shall inform the
employee of his/her access to DSA for aid if he/she so desires. Contractor will
cooperate with employee and/or his legal representative in asserting
confidentiality. Subpoenaed records will only be turned over after a court order.
The employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in accordance
with all State and Federal laws pertaining to the confidentiality of alcohol, drug,
and mental health records and the Federal Privacy Act of 1974.
D. The Association is a third-party beneficiary.”
March 29, 2016 Contra Costa County BOS Official Minutes 365
17.15 Health Care Spending Account. The County will continue to offer regular full-
time and part-time (20/40 or greater) County employees the option to participate in a
Health Care Spending Account (HCSA) Program designed 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 pre-determined amount of money
from their paycheck for health care expenses not reimbursed by any other health
benefits plan with before-tax dollars. HCSA dollars can 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.
17.16 Dependent Care Assistance Program. The County will continue to offer 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 tax savings
are not guaranteed. The program allows employees to set aside up to five thousand
dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible
dependent care (child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
17.17 Premium Conversion Plan. The County will continue to offer 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 medical and dental premiums.
17.18 Computer Vision Care (CVC) Users Eye Exam. The County agrees to provide
to all non-sworn employees an annual eye examination on County time at County
expense provided that the employee regularly uses a video display terminal at least an
average of two (2) hours per day as certified by their department. Employees certified
for examination under this program must process their request through the Employee
Benefits Division of the Human Resources Department. Should prescription eyeglasses
be prescribed for the employee following the examination, the County agrees to
provide, at no cost, the basic coverage which includes a fifty dollar ($50) frame and
single vision lenses. Employees may, through individual arrangement between the
employee and their 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.
17.19 Prevailing Section. To the extent that any provision of this Section (Section 17
– Medical, Dental, and Life Insurance) 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 resolution or
order of the Board of Supervisors, the provision(s) of this Section (Section 17 –
Medical, Dental, and Life Insurance) will prevail.
March 29, 2016 Contra Costa County BOS Official Minutes 366
SECTION 18 - PROBATIONARY PERIOD
18.1 Length of Probation. Effective January 1, 1990, upon initial appointment all
employees, except those in the classifications listed below, will serve a one (1) year
probationary period in classifications represented by the DSA.
A. Deputy Sheriff Criminalist I (6DWA) will serve an eighteen (18) month
probationary period.
B. Effective January 1, 2014, employees promoted into the classification of Sheriff’s
Dispatcher II (64WM) will serve a six (6) month probationary period.
18.2 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.
18.3 Criteria. The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any period
of continuous absence or temporary modified duty assignment exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours after appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
18.4 Rejection During Probation. 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.
A. Appeal from Rejection. 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 affiliations or opinions,
association activities, or race, color, national origin, sex, age, disability or sexual
orientation.
B. 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 A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the 7th calendar day after the date of delivery to the
employee of notice of rejection.
C. 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
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subsection A, 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.
D. 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.
18.5 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 MOU, without notice and without right of
appeal or hearing. If the appointing authority has not returned the probation report, or
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.
18.6 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
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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.
18.7 Rejection During Probation of Laid Off Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list shall begin a new probationary period if subsequently
certified and appointed in a different department or classification than that from which
the employee was laid off. If the employee is rejected during the probation period, the
employee shall be automatically restored to the layoff list, unless discharged for cause,
if the rejection occurs within the employee's period of layoff eligibility.
18.8 Probationary Deputy Sheriffs into Investigation Division. Probationary
Deputy Sheriffs may be temporarily assigned to the Investigation Division. The
assignment will not interfere with the officer successfully completing both the Facility
Training Program in the Detention Division and the Field Training Program in the Patrol
Division within the probationary period. The assignment will be limited to a specific
project or detail. The period of assignment in the Investigation Division will not be
credited as a Detention assignment.
SECTION 19 - PROMOTION
19.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
19.2 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.
19.3 Certification Rules. Beginning with promotions made after ratification of this
MOU (commencing 1989) the rule of ten (10) will be utilized for Sergeants Promotional
List. The rule of five (5) will be utilized for the Supervising Dispatcher list.
19.4 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.
19.5 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 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.
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b. The incumbent of the position must have performed at the higher level for one
(1) year.
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.
19.6 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.
19.7 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent (70%) 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.
19.8 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 County expense.
SECTION 20 - WORK SCHEDULING
20.1 Shift Assignment Scheduling. The following definitions shall be used for shift
assignment scheduling only:
a. Assignment. The appointment or direction to work a particular shift, as defined
herein.
b. Bidding System. The manner in which assignments to shifts are determined
pursuant to provisions of this MOU.
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c. Shifts. A regularly assigned tour of duty with an established starting and ending
time for each work day.
d. Seniority. An employee's seniority within a class shall be determined by the
length of continuous employment in that class.
20.2 Patrol, Detention, Technical Services, and Court Security Division
Scheduling. The policy and procedures for establishing a work schedule for Deputies
and Sergeants assigned to the Detention Division and Patrol Division (including
Contract Cities), and Dispatchers and Supervising Dispatchers assigned to the
Technical Services Division, and Sheriff’s Aides assigned to the Detention Division, will
be as follows:
a. Length of Shifts.
i. The bidding of shifts for Deputies, Sergeants, and Sheriff’s
Aides shall take place on a bi-annual basis. The shift periods
will be:
January – June, July – December
ii. The bidding of shifts for Dispatchers and Supervising
Dispatchers shall take place on a tri-annual basis. The shift
periods will be:
January – April, May - August
September – December
b. Selection of Shifts. Personnel shall bid for their shifts and days off based on
their seniority. In the Patrol Division, personnel shall also bid for a particular sub-
station based on their seniority.
c. Transfers.
1. Personnel transferred into Patrol or Detention Division following the
establishment of the sign-up will be assigned to a vacant slot.
2. A reassignment of patrol personnel from one substation to another does
not constitute a transfer.
3. All sergeants and deputies receiving notification of an interdivisional
transfer will be allowed to sign up for the next full schedule in their
division. If the notification of transfer is made after a sign-up has started
but not completed or implemented, the transferee will be assigned to a
vacant slot.
d. Exceptions. The Sheriff reserves the right to make exceptions and assign shifts
as necessary in the following circumstances:
1. Emergency situations that may arise.
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2. To correct an obvious imbalance in the experience level of personnel
assigned to any given shift.
3. To assign personnel to certain shifts. These are personnel assigned to
certain specialized duties including, but not necessarily limited to those
assigned as:
a) Canine handlers
b) Marine patrol personnel
c) Relief Shift personnel
d) Special Weapons & Tactics team members
e) Supply and Services Deputy
f) Bus Drivers
g) Dispatch Training supervisor
h) Data Base Maintenance Dispatcher
The present practice of choosing persons for specialized positions shall
continue in part as memorialized by the memorandum labeled
"Specialized Assignments", executed by the Sheriff on June 17, 1985
shown herein as Attachment B.
4. To provide for retraining of any personnel whose job performance is
substandard or unsatisfactory.
5. To compensate for vacancies, absences due to injury, illness, leave of
absence or emergency leave.
6. In any circumstances where the duties and responsibilities of the office
cannot be carried out without adjusting work schedules.
e. Detention Division Transfer Policy.
1. Initial Assignment and Detention Division Transfer Policy - Newly hired
Deputy Sheriffs are assigned to the Custody Services Bureau for a
minimum of eighteen (18) months. A newly hired “lateral” Deputy Sheriff
who has a minimum of one (1) year permanent, full time county or
municipal public safety patrol experience within the preceding three (3)
year period, may at the Sheriff’s sole discretion, be initially assigned to the
Patrol Division for a minimum eighteen (18) month assignment or the
Court Security Division for an initial period of thirty-six (36) months.
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2. To balance staffing needs, Deputy Sheriffs may be transferred to the
Detention Division in order of reverse "Detention Seniority"; persons with
the least amount of Detention Division seniority being at the top of the
transfer list.
3. Any Deputy Sheriff wishing to transfer to Patrol shall be given priority
based upon their “Detention Seniority”; persons with the most amount of
Detention Division seniority being at the top of the transfer list.
4. A Deputy Sheriff with 20 years seniority as a Deputy Sheriff with Contra
Costa County is exempt from mandatory transfer to the Patrol Division or
the Detention Division, except as provided in 5. below.
5. A Deputy assigned to a contract city is exempt from mandatory transfer to
the Detention Division during the first four (4) years of assignment to the
city. If during the first four (4) years of city assignment the deputy would
have been scheduled to transfer to the Detention Division, that transfer is
deferred until completion of the four (4) year assignment. A deputy who
reaches his/her 20th year of department seniority during this "deferred
transfer" status does not become exempt from rotation to Detention, and
will be required to serve up to an 18-month assignment in Detention.
f. Court Security Division Transfer Policy. A Deputy assigned to the Court Security
Division is exempt from mandatory transfer to the Detention Division during the
first three (3) years of assignment to the Court. If during the first three (3) years
of Court assignment the deputy would have been scheduled to transfer to the
Detention Division, that transfer is deferred until completion of the three (3) year
assignment. A Deputy who reaches his/her twentieth (20th) year of department
seniority during this “deferred transfer” status does not become exempt from
rotation to Detention and will be required to serve up to an eighteen (18) month
assignment in Detention.
In the event that the Department fails to receive voluntary applicants for
transfer/assignment to the Court Security Division, the Department may, in its
discretion, assign deputies to the Court Security Division as follows:
(b) Newly hired deputies may be assigned directly to the Court Security
Division as their initial assignment with the Department; or
(c) The Department may select deputies in accordance with the following
procedures:
(i) The deputies with the least amount of seniority with the Department
shall be assigned to the Court Security Division.
(ii) Employees to be excluded from consideration by the selection
committee include: deputies obligated to contract positions,
deputies in critical positions as determined by the Sheriff or his
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designee, and deputies who have declared in writing that it is their
intent to retire within the next calendar year provided that the
deputy has not previously declared the intent to retire.
(iii) It is understood that a deputy who has been involuntarily
transferred to the Court Security Division and has worked within
that Division for a full year can request to transfer out of the Court
Security Division.
20.3 Transportation Bureau. With regard to assignments to the Transportation
Bureau, the Department may require an eighteen (18) month minimum assignment.
The Department will use the Selection Committee procedures, on a Department-wide
basis, for filling the positions. The current practices involving the requirement that new
personnel acquire and maintain a Class B license, and County provision of time and
costs for such acquisition and maintenance (e.g., release time and medical tests) shall
continue.
20.4 Investigation Division Home Garaging. All sworn employees in this bargaining
unit assigned to field responsibilities in the Investigation Division will be allowed to
home garage their assigned automobiles. It is understood that the Department will
establish reasonable written policy and procedures consistent with County policy and
operational needs.
20.5 Investigations Division Scheduling. All sworn personnel assigned to
Investigations shall work a standard, five-day forty (40) hour work week.
20.6 Classification Scheduling. All sworn personnel assigned to Classification shall
work a five-day forty (40) hour work week.
20.7 Internal Affairs Scheduling. Sworn personnel assigned to Internal Affairs shall
work a standard five-day forty (40) hour work week.
20.8 Selection of Shifts. Personnel may bid within their assigned team for starting
times by seniority.
20.9 Length of Shift. Shifts shall be bid upon, within each team, quarterly.
20.10 Transfers. Except in unusual conditions, transfers will take effect on the first
Monday of a calendar quarter to coincide with shift changes in the Patrol Division.
Newly assigned personnel shall fill an open position and will be subject to that position's
starting time until the next quarterly shift sign-up.
20.11 Court Security/Detention Time. Deputy Sheriffs assigned to the Court
Services Division will receive Detention credit.
20.12 Dispatch Reopener. The parties agree to reopen those provisions of this
M.O.U. pertaining to the terms and conditions of employment for the Sheriff’s
Dispatcher classifications in the event of a consolidation of Sheriff Dispatch operations
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with Fire dispatch operations.
SECTION 21 - TRANSFER
21.1 Criteria. The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
b. the employee shall have permanent status in the merit system and shall be in
good standing;
c. the appointing authority or authorities involved in the transaction shall have
indicated their agreement in writing;
d. the employee concerned shall have indicated agreement to the change in
writing;
e. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility on a
list for a class for which appointment is being considered.
21.2 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire stating
the reasons therefore. The Director of Human Resources shall, if he considers that the
reasons are adequate and that the transfer will be for the good of the County service
and the parties involved, inform the appointing authority or authorities concerned and
the employee of the proposal and may take the initiative in accomplishing the transfer.
21.3 Sheriff’s Aide/Specialist Transfers. When a Sheriff’s Aide or Sheriff’s
Specialist vacancy occurs in any Division, the vacancy will be announced through the
Bid/Transfer process. The announcement will include a brief job description, a contact
in the Division where the vacancy exists, the hours of operation, location, and the
closing date of the Bid/Transfer period. Interested individuals will submit their interest in
writing to the Sheriff’s Chief of Management Services or his/her designee within the
time frame listed in the vacancy.
Only Sheriff’s Aides with one (1) year in their present position may qualify for Aide
openings; only Sheriff’s Specialists with one (1) year in their present position may
qualify for Specialist’s openings. If no interested Aides or Specialists with one (1) year
in their current assignment apply or are deemed qualified, incumbents with less than
one (1) year in their current assignment will be considered. Sheriff’s Aides are
encouraged to apply for any Specialist examinations administered through the County
merit system, but are not eligible for direct transfer into Specialist positions.
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The Selection Committee for Aides and Specialists will be comprised of a
representative of the Personnel and Finance Division, the Division Commander of the
Unit with the vacancy or his/her designee, a representative of the relevant employee
association (non-voting), and other participants at the discretion of the Division
Commander.
The Selection Committee will evaluate the qualification of applicants for Sheriff’s Aide
and Sheriff’s Specialist assignments and provide a recommended ranking to the Sheriff.
If no interest is shown by department employees or if the Selection Committee, with the
concurrence of the Sheriff, determines that none of the applicants are qualified, the
Sheriff’s Chief of Management Services or his/her designee may request that Human
Resources – Personnel Services Unit open a recruitment.
SECTION 22 - RESIGNATIONS
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.
22.1 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.
22.2 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 mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
22.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
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22.5 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 on 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 24 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 23 - DISMISSAL, SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action.
The appointing authority may dismiss, suspend, demote, or reduce within class, any
employee for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal, suspension, reduction 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 and/or Office of the Sheriff-Coroner
into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
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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,
j. violation of any lawful or reasonable regulation or order given by a supervisor or
department head,
k. willful 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.
23.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work days (four
(4) work days for employees on 4-10 work week; three (3) work days for employees on
a 3-12 work week), demote or reduce within class 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.
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.
March 29, 2016 Contra Costa County BOS Official Minutes 378
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.
23.3 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 any extension, the right to respond is lost.
23.4 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.
23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
23.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, 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, 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 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.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion either to the Merit Board or through the
procedures of Section 24 - 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 24 of this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition. A grievance is any dispute which involves the interpretation or
application of any provision of this MOU excluding, however, those provisions of this
MOU which specifically provide that the decision of any County official shall be final, the
March 29, 2016 Contra Costa County BOS Official Minutes 379
interpretation or application of those provisions not being subject to the grievance
procedure. The Association may represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the incident or occurrence about
which the employee claims to have a grievance and shall be processed in the following
manner:
Step 1. Any employee or group of employees who believes that a provision of this
MOU has been misinterpreted or misapplied to his or her detriment shall discuss the
complaint with the employee's immediate supervisor, who shall meet with the employee
within five (5) days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may
submit the grievance in writing within ten (10) work days to such management official as
the department head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected him or her to his or her detriment, and the redress he or
she seeks. A copy of each written communication on a grievance shall be filed with the
Employee Relations Officer or designee. The department head or his or her designee
shall have ten (10) work days in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may
appeal in writing within seven (7) work days to the Employee Relations Officer or
designee. The Employee Relations Officer or designee shall have twenty (20) work
days in which to investigate the merit of the complaint and to meet with the department
head and the employee and attempt to settle the grievance and respond in writing.
Step 4. No grievance may be processed under this Step 4 which has not first been filed
and investigated in accordance with Step 3 above and filed within seven (7) work days
of the written response of the Employee Relations Officer or designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance which arises and is
presented during the term of this MOU, such grievance shall be submitted in writing
within seven (7) work days to an Adjustment Board comprised of three (3) Association
representatives, no more than two (2) of whom shall be either an employee of the
County or an elected or appointed official of the Association presenting this grievance,
and three (3) representatives of the County, no more than two (2) of whom shall be
either an employee of the County or a member of the staff of an organization employed
to represent the County in the meeting and conferring process. The Adjustment Board
shall meet and render a decision within twenty (20) work days of receipt of the written
request.
Step 4 of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 24.5) may require that the
grievance be referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Employee Relations Officer or designee.
Such request shall be submitted within twenty (20) work days of the rendering of the
Adjustment Board decision. Within twenty (20) days of the request for arbitration the
March 29, 2016 Contra Costa County BOS Official Minutes 380
parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and
of the Court Reporter shall be shared equally by the employee and the County. Each
party, however, shall bear the costs of its own presentation, including preparation and
post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator, either may request a list of five
(5) arbitrators from the State Mediation and Conciliation Service. If they cannot agree
on an arbitrator from that list, they shall strike alternatively from the list, with the first to
strike to be determined by lot, and the last remaining name shall be the arbitrator.
Scope of Adjustment Board and Grievance Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly before them
shall be final and binding on the parties hereto, to the extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make
recommendations on any dispute unless such dispute involves a position in a
unit represented by the Union which has been certified as the recognized
employee organization for such unit and unless such dispute falls within the
definition of a grievance as set forth in Subsection 24.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend,
or terminate this MOU, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section. Neither
any Adjustment Board nor any arbitrator shall have the power to amend or
modify this MOU or written agreements supplementary hereto or to establish any
new terms or conditions of employment.
D. If the Employee Relations Officer or designee in pursuance of the procedures
outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions
of Step 4 above resolve a grievance which involves suspension or discharge,
they may agree to payment for lost time or to reinstatement with or without
payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from Adjustment Board or arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the Union.
24.2 Notice to Association. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Association, but is not represented
by the Association in the grievance, shall give the Association a copy of the formal
presentation.
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24.3 Immediate Arbitration.
A. The DSA may waive the grievance procedure time limits specified in this Section
and proceed to Immediate Arbitration in any case where the DSA alleges that the
County is in violation of this Agreement in so short a period of time as to disallow
the DSA from proceeding within the time limits of this Section. That is, the
situation is one where damages or back pay is not an appropriate remedy, one of
"irreparable injury". For example, grievances involving disciplinary actions where
there is a loss of pay, compensation claims, and the like will not be processed
under the provisions of this section. However, the method of proceeding to
Immediate Arbitration must be done consistent with the following provisions.
B. The affected employee(s), or the DSA, must first attempt to resolve the matter by
meeting with the appropriate supervisor/manager, at the Division level.
C. If the matter is not resolved, the DSA only may file a demand for Immediate
Arbitration.
D. The arbitration shall take place no earlier than the fifteenth (15th) day following
the request by the DSA for such Immediate Arbitration, unless otherwise
mutually agreed. During the two week period (fourteen calendar days)
immediately following the request for Immediate Arbitration, the responding party
shall have the opportunity to attempt to resolve the dispute.
E. Where the County is the responding party, the Sheriff and Employee Relations
Officer, or their designated representatives jointly, shall have the opportunity to
meet with or otherwise communicate with appropriate DSA representatives, in an
attempt to resolve the dispute. At this meeting the parties shall provide to each
other as much information pertinent to this case as is reasonably possible.
F. Once the request for Immediate Arbitration is filed, the parties shall (even though
dispute resolution discussions are going on during the two week period) attempt
to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as
soon as possible immediately following the two week period.
G. The parties will attempt to have a standing list of available Immediate Arbitrators.
If the parties are unable to agree on an arbitrator, the parties shall obtain a list of
five (5) names from the State Mediation and Conciliation Service. Each party
may strike one name from the list and of those arbitrators remaining on the list,
the arbitrator who can first hear the matter shall be selected. The parties may, by
mutual agreement, use another method of selecting the arbitrator.
H. The arbitrator shall have only the authority to decide issues involving the
interpretation or application of this MOU as described in Subsection A herein.
Furthermore, the arbitrator shall not have the authority to add to, subtract from,
change, or modify any provision of this MOU. This provision does not expand
what is arbitrable under this MOU.
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I. Unless the parties agree otherwise, closing argument shall be presented orally at
the end of the hearing, and if possible, the arbitrator shall issue his ruling
immediately thereafter.
J. Nothing herein shall preclude the parties from attempting to resolve the dispute
while the grievance is pending.
K. The parties shall attempt to have the arbitration proceedings completed as
quickly as possible.
L. Only four (4) such Immediate Arbitrations (as opposed to demands for
immediate arbitration) may be held in any fiscal year (July 1 - June 30). However,
the parties may mutually agree on Immediate Arbitration, which shall not count
as one of the four.
M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to
this section, the DSA agrees not to seek injunctive relief to preserve the
jurisdiction of the arbitrator.
N. If either party must file a petition to compel immediate arbitration (under Section
24.3) because of the refusal of the other party to agree to such immediate
arbitration, then the losing party (petitioner or respondent) shall pay reasonable
attorney fees and costs to the other party, not to exceed a maximum of $3,000.
24.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Employee Relations
Officer or designee. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process, if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process
is next opened for such discussion. No adjustment shall be retroactive for more than six
(6) months from the date upon which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting from
Adjustment Board proceedings hereunder) will be recognized unless agreed to by the
County and the Association.
24.5 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, sickout, or refuse 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
March 29, 2016 Contra Costa County BOS Official Minutes 383
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.
24.6 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 24 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection 24.1 above shall be taken if action
on the complaint or grievance has been taken by the Merit Board, or if the
complaint or grievance is pending before the Merit Board.
24.7 Filing by Association. 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 violates a provision of this MOU.
24.8 Letters of Reprimand. Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3 unless said letters are used in a
subsequent discharge, suspension or demotion of the employee.
Letters of Reprimand shall be removed from an employee's file which are five (5) years
old from the date issued unless subsequent disciplinary action has been taken and
sustained against the employee for the same type of offense within said five (5) year
period in which case the Letter of Reprimand is not subject to removal. However, where
the subsequent disciplinary action consists of Letter(s) of Reprimand for the same type
of offense, those letters (including the original letter) will be removed from the
employee's file after five (5) years pass from the date the most recent letter is issued
unless a different type of discipline (e.g., suspension, et al) for the same type of offense
is taken and sustained during said five (5) year period. Those Letters of Reprimand
which have been placed in an employee's file as a result of an Arbitrator's decision
reducing a disciplinary action to a Letter of Reprimand will be reviewed by the Sheriff
who in his sole discretion will determine whether the five (5) year removal period will
apply.
24.9 Corrective Counseling System. The Corrective Counseling System is a
method of training and counseling employees in an effort to improve behavior and
performance without the negative effects of lasting disciplinary measures. It will
hereafter consist of three phases, or levels, with procedures and policies for
administration developed within the Department. Placement into the Corrective
Counseling System is not subject to the grievance procedure.
There shall be no mention of the phase program in any employee's evaluation, although
the circumstances allegedly supporting the starting, the ending, or the continuing of a
phase, may be mentioned. This does not affect any other rights or responsibilities of the
parties with regards to the performance per se.
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An employee placed into a Phase of the Corrective Counseling System may appeal the
placement through a formal department hearing process. Following are the guidelines
and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by the Commander
not in the employee's direct chain of command, hereafter referred to as the
Hearing Officer. The Hearing Officer has the authority to set aside the phase
placement completely or decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the affected
employee has seven (7) calendar days to deliver written documentation of an
intent to appeal the phase placement. The intent to appeal memo is to be
addressed to the Hearing Officer, with a copy to the employee's Division
Commander. The appeal process defers the starting date of the phase period.
c. Hearing Date. Upon receipt of the intent to appeal memo, the Hearing Officer
will schedule a hearing date and notify the affected employee at least seven (7)
calendar days prior to the hearing date. The hearing date shall be within twenty-
one (21) calendar days of the Hearing Officer's receipt of the intent to appeal
unless one of the primary parties involved is unavailable, in which case the
hearing will be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a written
request for hearing to the Hearing Officer. The Hearing Officer will review the
request and determine if there is a basis for a formal hearing. An alternate
informal process exists which would allow the employee and his/her
representative to meet and discuss the phase placement in accordance with the
established open door policy of the Department.
For Phase III appeals, the Hearing Officer will determine the parties to be
present at the hearing, except that the affected employee will be present, and a
maximum of two (2) representatives of the employee's choice.
In general, witnesses will not be called or allowed; however, the affected
employee may submit written statements from the employee (or others) which
will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be kept (and be
available) in the Administration Division, and will be erased when the phase is no
longer in effect. Upon his request and at his expense, the employee may tape
the hearing.
The Hearing Officer will weigh all testimony and attempt to determine the facts
surrounding the phase placement.
e. Results. The Hearing Officer will report his decision in a brief memo to the
employee within five (5) business days of the hearing.
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If the decision upholds the original recommendation or decreases the phase
level, the phase period begins on the date of the Hearing Officer's decision.
If the Hearing Officer determines that a phase was not appropriate, all reference
to the phase incident and hearing will be immediately purged from the personnel
file, and the Hearing Officer's written decision will be sent to the affected
employee.
SECTION 25 - 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 contents of such records shall be made available to the employee for inspection
and review at reasonable intervals during the regular business hours of the County.
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.
All documents pertaining to disciplinary actions shall be placed in an official personnel
file maintained by the Human Resources Department or in an official personnel file
maintained by their department. 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 unless said letters are used in a subsequent
discharge, suspension or demotion of the employee. 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 department. In a case involving a
grievance or disciplinary action, the employee's designated representative may also
review his or her personnel file with specific written authorization from the employee.
The Association will be given a list of all types of personnel files maintained by the
Sheriff.
March 29, 2016 Contra Costa County BOS Official Minutes 386
SECTION 26 – RETIREMENT CONTRIBUTION
26.1 Payment of Employee Contributions.
A. Effective on January 1, 2012, employees are responsible for the payment of 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
employee’s contributions. 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.
26.2 Safety Retirement Tier Elections- Employees Hired or Rehired Before
January 1, 2013.
A. If either the Internal Revenue Service issues guidance acceptable to both
parties, or the County receives a Private Letter Ruling from the IRS, that protects
the County and DSA members hired prior to January 1, 2013, from additional tax
liability, DSA members will have the opportunity to elect new retirement tiers
pursuant to Government Code section 31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
three (3) percent per year. The employee’s final compensation shall be
based on a twelve (12) month salary average.
2. In Safety Tier C, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
two (2) percent per year. The employee’s final compensation shall be
calculated based on a thirty-six (36) month salary average.
3. In the Safety PEPRA Tier, the retirement formula is established by the
Public Employees Pension Reform Act (PEPRA) (Chapters 296, 297,
Statutes of 2012). The retirement formula is PEPRA Safety Option Plan
Two (2.7% at 57. The cost of living adjustment to the retirement
allowance (COLA) shall not exceed two percent (2%) per year, and the
cost of living adjustment will be banked. The employee’s final
compensation will be based on his/her average annual compensation
earnable during a consecutive thirty-six month period
C. Method of Election.
1. Upon the occurrence of all of the following:
a. the contingency listed in subsection A is met;
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b. actuarial studies by the County and by the Contra Costa County
Employees Retirement Association (“CCCERA”,) have been
completed;
c. the Board of Supervisors has adopted such ordinances or
resolutions as may be necessary to implement the election;
d. as required by Government Code section 31484.9, the County has
prepared written information about the change in benefits for
employees who elect to enter a new tier; and
e. CCCERA has taken any other actions that may be necessary to
implement the election; the County shall work with CCCERA to
provide a time period of no less than three (3) calendar months
during which sworn members of the DSA bargaining unit who are in
Safety Tier A as of December 31, 2012, may make a written
irrevocable election to 1) waive and release all rights to retirement
benefits under Safety Tier A for the period of service following the
election and 2) enter the Safety PEPRA Tier for the period of
service following the election.
In addition, the County shall work with CCCERA to provide a time
period of no less than three (3) calendar months during which
sworn members of the DSA bargaining unit who are in Safety Tier
C as of December 31, 2012, may make a written irrevocable
election to 1) waive and release all rights to retirement benefits
under Safety Tier C for the period of service following the election
and 2) to enter the Safety PEPRA Tier for the period of service
following the election.
Employees electing to enter the Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first day of the first calendar month after
the close of the election period.
2. An employee in Safety Tier A who elects to enter the Safety PEPRA Tier
shall have his/her retirement benefits calculated on the basis of Safety
Tier A for the period of service prior to the election. An employee in
Safety Tier C who elects to enter the Safety PEPRA Tier shall have
his/her retirement benefits calculated on the basis of Safety Tier C for the
period of service prior to the election.
D. The parties agree that the provisions of Government Code section 31484.9 shall
apply to sworn members of the Deputy Sheriff’s Association.
26.3 Tier A - Thirty Years of Continuous Service as a Safety Member. Through
the term of this Memorandum of Understanding and any extensions thereof, a DSA
member with credit for more than 30 years of continuous service as a safety member
shall not make payments from his or her retirement base to pay part of the employer’s
March 29, 2016 Contra Costa County BOS Official Minutes 388
contribution for the cost of Safety Tier A.
26.4 Safety Retirement Tier C - Employees Hired or Rehired after December 31,
2006, but Before January 1, 2013.
A. For sworn employees hired by the County after December 31, 2006, but before
January 1, 2013, the retirement formula shall be “3 Percent at 50”. The cost of
living adjustment (COLA) to the retirement allowance shall not exceed two (2)
percent per year. The employee’s final compensation shall be based on his or
her highest thirty six (36) month salary average. Safety Tier A is closed to all
employees initially hired after December 31, 2006.
B. Employees who left County service prior to January 1, 2013, and are rehired
after that date shall not be eligible to elect a retirement tier. Such rehired
employees shall be automatically placed in that retirement tier for which they are
eligible under the County Employees Retirement Law and PEPRA.
C. Safety Tier C is closed to all employees initially hired after December 31, 2012,
except for those sworn employees, who, under PEPRA, do not become New
Members of CCCERA.
26.5 Safety Retirement Benefit–Sworn Employees who become New Members of
CCCERA on or after January 1, 2013.
A. For sworn employees who, under PEPRA, become Safety New Members of the
Contra Costa County Employee Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees who,
under PEPRA, become New Members of CCCERA. For these employees, 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.
26.6 Retirement Benefit - Non-Sworn Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-sworn employees who, under PEPRA, become New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. For employees hired by the County on or after June 30, 2014, who, under
PEPRA, become New Members of CCCERA, the cost of living adjustment to the
retirement allowance will not exceed two percent (2%) per year, and the cost of
March 29, 2016 Contra Costa County BOS Official Minutes 389
living adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to non-
sworn employees who, under PEPRA, become New Members of CCCERA. The
Union must support the legislation, in addition to the County, by calling and
sending a letter (on Union 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 Union must testify in support of the bill before the
state legislative committees considering the bill.
SECTION 27 - PREMIUM PAYS
27.1 Non-Sworn Training Officer Program. Non-sworn Training Officer
assignments are for a one (1) year period; each year current non-sworn Training
Officers must be reevaluated for assignment to non-sworn Training Officer status. It is
further understood that the designation as a non-sworn Training Officer shall be at the
sole discretion of the Sheriff.
Non-sworn Training Officers will receive a differential of five percent (5.0%) of base
salary per month for period so assigned, regardless of whether or not they are actually
training during the month.
27.2 Lead Deputy Sheriff/Corporal Assignment.
A. Effective October 1, 1999, a Lead Deputy Sheriff/Corporal assignment is
established to assist with training and other duties to be determined by the
process set forth in Section 47.B - Labor/Management Committee. A Lead
Deputy Sheriff/Corporal will receive an increase of five percent (5%) of base
salary for the period so assigned. It is further understood that the assignment as
a Lead Deputy Sheriff/Corporal shall be at the sole discretion of the Sheriff.
B. Effective October 1, 1999, all Deputy Sheriffs currently designated as Training
Officers shall receive the five percent (5%) increase in base salary set forth in
Section 27.2.A above, in lieu of the $200 per month premium pay they previously
received as Training Officers.
C. A Lead Deputy Sheriff/Corporal assignment as a Training Officer is for a one (1)
year period; each year, current Lead Deputy Sheriff/Corporals assigned as
Training Officers must be reevaluated for assignment to Lead Deputy
Sheriff/Corporal status. It is further understood that the assignment as a Lead
Deputy Sheriff/Corporal shall be at the sole discretion of the Sheriff.
March 29, 2016 Contra Costa County BOS Official Minutes 390
27.3 Hazard Pay for Non-Sworn Detention Division. Effective the first pay period
after adoption of this MOU by the Board of Supervisors, the County shall pay a five
percent (5%) differential above the base rate of pay for non-sworn employees who are
assigned to the Detention Division and work in the following organizational units:
2577 - County Parole Program
2578 - Martinez Detention
2580 - West County Detention
2585 - Marsh Creek Detention
2588 - AB109 Program
2590 - Custody Services Admin
27.4 Investigations and Special Investigations Unit. Effective January 1, 2014,
while assigned to the Investigations Unit (Org 2535) and Special Investigations Unit
(Org 2536), the following classifications will be entitled to a five percent (5%) differential
to base rate of pay:
• Sergeant (6XTA)
• Deputy Sheriff (6XWA)
27.5 Forensic Services. Effective January 1, 2014, while assigned to Forensic
Services, the following classification will be entitled to a five percent (5%) differential to
base rate of pay:
• Crime Scene Investigator II (6CVB)
Effective April 1, 2014, while assigned to Forensic Services, the following classification
will be entitled to a five percent (5%) differential to base rate of pay, prospectively:
• Fingerprint Technician II (64VH)
27.6 P.O.S.T. Certificates. Effective January 1, 2014, permanent full-time
employees in the classifications of Sheriff’s Dispatcher I (64WK), Sheriff’s Dispatcher II
(64WM), and Supervising Sheriff’s Dispatcher (64HD) will receive a career incentive
allowance of one percent (1.0%) of base pay per month for the possession of a valid
Intermediate P.O.S.T. certificate and one percent (1.0%) of base pay per month for the
possession of a valid Advanced P.O.S.T. certificate for a total of up to two percent
(2.0%).
SECTION 28 - PEACE OFFICER TRAINING (P.O.S.T)
28.1 Incentive Program - Purposes. In accordance with the policies expressed in
Penal Code Sections 13500 and following and Chapter 2 of Title 11 of the California
Administrative Code (Sections 1000 and following); and to attract law enforcement
officers with high education standards, to broaden the professional experience of
present officers and to maintain a high quality police service to cope with increased
March 29, 2016 Contra Costa County BOS Official Minutes 391
demands placed upon this function, there is established the following career incentive
program, which provides a career incentive allowance based on two and one-half
percent (2.5%) of base pay for possessing the first P.O.S.T. certificate (intermediate)
not required by the minimal qualifications of the class and an additional allowance
based on two and one-half percent (2.5%) of base pay per month for possessing a
second P.O.S.T. certificate (advanced) not required by the minimal qualifications of the
class.
28.2 Incentive Program - Definitions. Unless otherwise specified or required by the
context the following terms have the following meanings:
"Officer" means any peace officer member of the Sheriff's Department who occupies a
permanent full-time position, in pay status, as a peace officer in this County.
"Intermediate peace officers standards and training certificate" and "advanced peace
officer standards and training certificate" have the meanings defined in the regulations
of the Commission on Peace Officer Standards and Training of the California State
Department of Justice. (P.O.S.T.)
28.3 Incentive Program - Intermediate Certificate. Every officer in the classes of:
Deputy Sheriff, Deputy Sheriff Forensic Supervisor, Deputy Sheriff-Criminalist I, II, III
and Sergeant in the Sheriff's Department shall receive a career incentive allowance of
two and one-half percent (2.5%) of base pay per month for the possession of a valid
intermediate P.O.S.T. certificate.
28.4 Incentive Program - Advanced Certificate. Every in the classes of: Deputy
Sheriff, Deputy Sheriff Forensic Supervisor, Deputy Sheriff-Criminalist I, II, III and
Sergeant in the Sheriff's Department shall receive a career incentive allowance of two
and one-half percent (2.5%) of base pay per month for the possession of a valid
advanced P.O.S.T. certificate. This is in addition to the two and one-half percent (2.5%)
allowance for the intermediate certificate.
28.5 Incentive Program - Pay Status. These allowances shall be in addition to
regular compensation and shall not be considered part of the base pay for payroll
computation purposes.
SECTION 29 – UNIFORMS
29.1 Uniform Allowance. Effective January 1, 2007, employees eligible for the
uniform allowance will receive a total of eight hundred seventy two dollars ($872) per
year. Uniform allowance is paid for the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
The above paragraph applies to employees in the following classifications: Sergeant,
Deputy Sheriff, Deputy Sheriff-Recruit, Sheriff’s Dispatcher I and II, Supervising
Sheriff’s Dispatcher, Sheriff’s Aide, Rangers, and Sheriff’s Specialist Sheriff’s
Community Service Officer (64VI).
March 29, 2016 Contra Costa County BOS Official Minutes 392
29.2 Uniform Allowance Method of Payment. Effective July 1, 1994 employees
who are eligible for the uniform allowance will receive such allowance included in their
monthly pay warrants.
29.3 S.W.A.T. Uniform. The department shall provide all employees accepted into
S.W.A.T. with the necessary uniform and equipment.
29.4 Criminalists. The department will provide up to two (2) shirts per year for
employees in the following classifications:
6DWB Criminalist I
6DVC Criminalist II
6DTA Criminalist III
6D7B Criminalistics Lab Aide
6D71 Criminalistics Lab Aide-Proj
6DWA, 6DVB, 6DTB Deputy Sheriff Criminalist I, II, and III
6DHB Deputy Sheriff Forensic Supervisors
6CHB Forensic Supervisors
6CWB, 6CVB Crime Scene Investigator I and II
64WH, 64VG Latent Fingerprint Examiner I and II
64HB Supervising Latent Fingerprint Examiner
64WJ, 64VH Fingerprint Technician I and II
64HC Supervising Fingerprint Technician
SECTION 30 - BILINGUAL PAY
SWORN:
A salary differential of one hundred dollars ($100.00) per month shall be paid
incumbents of positions requiring bilingual proficiency as designated by the appointing
authority and the 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.
If during the term of this MOU, the County increases the Bilingual Pay for other
bargaining units, the County will extend that increase to the DSA bargaining unit
members. The increase will be implemented on prospective basis only and will not be
subject to retroactivity.
NON-SWORN:
Effective January 1, 2007, the current Bilingual rate for non-sworn personnel shall be
increased to one hundred dollars ($100).
March 29, 2016 Contra Costa County BOS Official Minutes 393
SECTION 31 - COMPENSATION FOR OFF-DUTY CANINE CARE
1. Compensable Off-Duty Ordinary Canine Care: Compensable off-duty ordinary
canine care includes, but is not limited to, handling, caring, feeding, exercising,
grooming, bathing, kennel cleaning, cleaning of County vehicles, and ordinary
transport to and from the veterinarian, but does not include commute time which
is not compensable. The amount of compensable off-duty ordinary canine care
for employees assigned to the Canine Program (canine handlers) is 14 hours per
28-day work period (30 minutes per day). This amount is a good faith estimate,
intended to be comprehensive, accurate and inclusive of all pertinent facts. The
parties agree that off-duty ordinary canine care time in excess of this agreed-
upon time is not authorized and is not compensable.
2. Compensation: In each 28-day work period, canine handlers will work regular
duty time, plus 14 hours of compensable off-duty ordinary canine care work --
i.e., 174 hours in a 28-day period. For the hours worked over 171 to 174 hours
in each 28-day work period, canine handlers will be paid overtime for the three
hours (using the half time method) at the applicable rate, plus any additional
contract premium needed to ensure that the total per month for regular, off duty
canine care per canine handler amounts to $200. Hours worked over 174 in a
28 day period shall be paid at the applicable contract overtime rate.
Canine handlers will also be eligible for paid overtime for emergency off-duty
canine care (which is over and beyond ordinary canine care), provided the
canine handler reports such occurrence in writing to his or her supervisor as
soon as possible, and no later than the first shift worked after the emergency
occurrence.
Effective January 1, 2007, the above $200 per month premium for off duty
canine care shall be increased to $245.25 per month.
3. Canine Expenses: The County will pay veterinarian (visits, procedures, and
prescriptions), kenneling, and food expenses related to participating canines.
The County will pay up to $750, on a one-time basis and not exceeding actual
cost, for a home kennel.
4. Miscellaneous: The parties agree that the compensation paid for off-duty
canine care under this MOU fully satisfies the County’s obligations under the Fair
Labor Standards Act (“FLSA”), and is limited to $200 per month (effective
October 1, 2003, $225 per month). In the event any claim is made that this
compensation does not fully satisfy the County’s obligations under the FLSA,
contrary to the mutual intent of the parties, the County may require a re-opener
regarding the Canine Program to ensure compliance with the FLSA and to
effectuate the intent of the parties. Effective December 5, 2006, such amount
shall be increased from $225 (two hundred twenty five dollars) to $245.25 (two
hundred forty five dollars and twenty five cents).
March 29, 2016 Contra Costa County BOS Official Minutes 394
SECTION 32 – DEFERRED COMPENSATION PLAN
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 Deputy Sheriffs’ Association (DSA) 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.
SECTION 33 - LUNCH PERIOD
Employees assigned to either the Investigation Division or the Criminalistics Laboratory
may select either a one-half (1/2) hour or one (1) hour lunch period, it being understood
that such selection should be for periods of no less than three (3) months; it being
further understood that the Department retains the right to assign starting times.
SECTION 34 - REIMBURSEMENT FOR MEAL EXPENSES/CHARGE FOR
DETENTION DIVISION MEALS
A. Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal expenses under the following
circumstances and in the amount specified:
March 29, 2016 Contra Costa County BOS Official Minutes 395
1. 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 and with
prior approval of the department head or his designee.
2. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
3. 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.
4. When the employee is required to work three (3) or more hours of
overtime; 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 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses
shall be in accordance with the Administrative Bulletin on Expense
Reimbursement.
B. Charge for Detention Division Meals.
Personnel represented by the DSA and permanently assigned to the Detention
Division will have fifteen dollars ($15.00) per month deducted from their pay
checks in exchange for meals provided by the Department. The employee may
choose not to eat facility food. In that case no fees will be deducted.
Employees will indicate their option upon transfer into the Detention Division and,
during the month of January each year, employees may make a new
determination. Current Detention employees will have the month following
ratification of the contract to exercise their option.
SECTION 35 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
35.1 Conditions. 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.
March 29, 2016 Contra Costa County BOS Official Minutes 396
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 an employee's 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.
35.2 Policies & Practices. The employer will continue its present policies and
practices with regard to loss or damage to personal property. This MOU provision does
not constitute a waiver by the DSA or an affected employee to litigate in court the
legality of portions of the policies dealing with limiting reimbursement because of
alleged employee negligence or wrongdoing.
SECTION 36 - 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,
exclusive of Saturdays, Sundays and holidays from the time the department is made
aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County 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 six (6) month 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
March 29, 2016 Contra Costa County BOS Official Minutes 397
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, which will be no longer than three (3) times the
length of time the overpayment occurred, shall be determined. If requested by the
employee, an Association representative may be present at a meeting with
management to discuss a repayment schedule.
SECTION 37 - 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 38 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Director of Human Resources shall determine these
matters based on the employee status records in the Human Resources Department.
March 29, 2016 Contra Costa County BOS Official Minutes 398
SECTION 39 - SAFETY
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.
SECTION 40 - MILEAGE
Mileage allowance for the 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.
SECTION 41 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes the death or serious injury of
another person, the officer's Division Commander shall place the employee on
Administrative Leave (with pay) for the seventy-two (72) hours immediately following the
incident.
SECTION 42 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriff's position that all internal
investigations shall be conducted in a professional and timely manner. The scope and
intent of all legal and policy mandates shall be adhered to during all phases of the
investigation. This includes that the confidentiality of all information gained during the
inquiry shall be consistent with present legal restraints relative to discovery and
disclosure.
SECTION 43 - PERMANENT PART-TIME EMPLOYEE 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.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
March 29, 2016 Contra Costa County BOS Official Minutes 399
SECTION 45 – HEALTH BENEFITS 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 46 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated their intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list. All decisions of the Director of
Human Resources relative to provisional appointments are final and not subject to the
grievance procedure.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
March 29, 2016 Contra Costa County BOS Official Minutes 400
SECTION 47 - LABOR/MANAGEMENT COMMITTEE
A. There shall be established a Labor/Management Committee to maximize
communications between the parties in the area of labor relations.
B. There shall be four (4) representatives of Management and four (4)
representatives of the Association, with the DSA representatives time treated as
if the meeting were held under Government Code Section 3505.
C. The meetings shall begin in the first full month after the adoption by the Board of
Supervisors of this MOU and continue every other month thereafter.
SECTION 48 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in discussions between the
parties, shall be heard by a mutually agreed upon impartial third party.
SECTION 49 - 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 50 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
50.1 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 Union 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.
50.2 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.
March 29, 2016 Contra Costa County BOS Official Minutes 401
50.3 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. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU or deal with matters not within the
scope of representation and as such remain in full force and effect.
50.4 Duration of Agreement. This Agreement shall continue in full force and effect
from July 1, 2016 to and including June 30, 2019.
SECTION 51 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized by
ordinance or by resolution of the Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU which expires September 30,
2005, the Association may claim a violation of a past practice. If the Association can
demonstrate that such past practice exists by virtue of having been acknowledged and
agreed to by Management and representatives of the Association or by employees
represented by the Association who reach agreement with the Department Head on a
specific policy covering a group of employees such as a reassignment policy, the
alleged violation of said past practice will be subject to the grievance procedure. Those
practices which have been agreed to by Management and not approved by the
Department Head must be confirmed and approved by the Department Head within six
(6) months from the below execution date of this MOU in order to be considered a past
practice pursuant to this provision.
The execution of this MOU does not preclude the DSA from continuing to negotiate with
the County regarding the establishment of a Labor-Management Trust Committee and
the authorities and responsibilities of said committee.
Date:
Contra Costa County: DEPUTY SHERIFFS’ ASSOC (RANK & FILE):
(Signature / Printed Name) (Signature / Printed Name)
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March 29, 2016 Contra Costa County BOS Official Minutes 402
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
ATTACHMENTS
A. CLASS AND SALARY LISTING
B. SHERIFF’S DEPARTMENT SPECIALIZED
ASSIGNMENTS
March 29, 2016 Contra Costa County BOS Official Minutes 403
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
6XWA DEPUTY SHERIFF-40 HOUR F $6,078.79 $7,573.52
6XWB DEPUTY SHERIFF-56 HOUR F $6,078.79 $7,573.52
6DWA DEPUTY SHERIFF-CRIMINALIST I F $6,343.19 $6,993.36
6DVB DEPUTY SHERIFF-CRIMINALIST II F $6,906.98 $8,605.36
6DTB DEPUTY SHERIFF-CRIMINALIST III F $7,997.05 $9,963.47
6DHB DEPUTY SHERIFF-FORENSIC SUPVR $8,604.54 $10,720.34
6XTA SERGEANT $7,031.19 $8,760.11
All classes are designated as safety.
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
6EVA BACKGROUND INVESTIGATOR I F $5,544.88 $6,739.83
6ENA BACKGROUND INVESTIGATOR II F $6,109.89 $7,426.61
LDVA BIOMETRIC SYSTEMS SPECIALIST $6,375.64 $7,749.63
6CWB CRIME SCENE INVESTIGATOR I F $4,160.92 $5,057.62
6CVB CRIME SCENE INVESTIGATOR II F $4,472.81 $5,436.72
6DWB CRIMINALIST I F $6,337.87 $6,987.51
6DVC CRIMINALIST II F $6,901.20 $8,388.45
6DTA CRIMINALIST III F $7,990.35 $9,712.32
6D7B CRIMINALISTICS LAB AIDE $3,366.42 $4,091.89
6D71 CRIMINALISTICS LAB AIDE-PROJ $3,366.42 $4,091.89
6X7A DEPUTY SHERIFF-RECRUIT - FIXED TERM F $3,959.94 $3,959.94
64WH FINGERPRINT EXAMINER I F $5,340.13 $5,887.50
64VG FINGERPRINT EXAMINER II F $5,683.85 $6,908.76
64WJ FINGERPRINT TECHNICIAN I F $4,508.37 $4,970.49
64VH FINGERPRINT TECHNICIAN II F $4,822.38 $5,861.63
6CHB FORENSIC SUPERVISOR $8,563.80 $10,409.35
64VI SHERIFF COMMUNITY SVC OFFICER $4,472.81 $5,436.72
64VF SHERIFF'S AIDE $3,608.01 $4,385.57
64WK SHERIFF'S DISPATCHER I F $4,704.46 $5,186.67
64WM SHERIFF'S DISPATCHER II F $5,153.14 $5,965.40
64SA SHERIFF'S PHOTOGRAPHER $5,087.23 $6,183.56
64WR SHERIFF'S RANGER $3,261.42 $3,964.28
64VE SHERIFF'S SPECIALIST F $4,252.55 $5,169.00
64HB SUPERVISING FINGERPRINT EXAMNR $6,325.34 $7,688.49
64HC SUPERVISING FINGERPRINT TECH $5,473.97 $6,653.64
6YHA SUPERVISING SHERIFF'S AIDE $4,152.69 $5,047.62
64HD SUPERVISING SHF'S DISPATCHER $5,644.59 $6,861.04
Salary Range
Salary Range
SWORN UNIT (VH)
NON-SWORN UNIT (VN)
March 29, 2016 Contra Costa County BOS Official Minutes 404
BUREAU/LOCATION POSITION MINIMUM QUALIFICATIONS
Custody Services Bureau
• Detention Division Classification Deputy Completion of Probation
Custody Alternative Deputy Completion of Probation/Patrol Qualified
Transportation Deputy Completion of Probation
• Court Security Division Court Security Deputy Completion of Detention FTO
Support Services Bureau
• Technical Services Div. Civil Deputy 1 Year Patrol Experience
• Emergency Services Div. Volunteer Services Deputy 1 Year Patrol Experience
Field Operation Bureau
• Patrol Division Special District Deputy Completion of Patrol FTO
J-Team Deputy Completion of Patrol FTO
• Investigation Division Investigator Deputy 1 Year of Patrol Experience
• Special Ops. Division Helicopter Observer 1 Year of Patrol Experience
Marine Patrol Deputy Completion of Patrol FTO
Contract City Deputy Completion of Patrol FTO
• Coroner’s Division Coroner’s Deputy 1 Year of Patrol Experience
March 29, 2016 Contra Costa County BOS Official Minutes 405
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
SUBJECT INDEX
Accrual ......................................................................................................................... 36
Accrual During Leave Without Pay (LOA) .................................................................... 44
Accrual During Leave Without Pay (Vacation Leave) .................................................. 34
Administration of Sick Leave ........................................................................................ 38
Adoption ....................................................................................................................... 92
Agency Shop .................................................................................................................. 4
Anniversary Dates ........................................................................................................ 11
Assignment of Classes to Bargaining Units ................................................................... 8
Association Recognition ................................................................................................. 4
Association Representatives .......................................................................................... 9
Association Security ....................................................................................................... 4
Attendance at Meetings ................................................................................................. 9
Bilingual Pay ................................................................................................................ 84
Call Back Time ............................................................................................................. 21
Cause for Disciplinary Action ....................................................................................... 68
Certification Rules ........................................................................................................ 60
Coerced Resignations .................................................................................................. 68
Communicating With Employees ................................................................................... 6
Compensation Complaints ........................................................................................... 74
Compensation for Loss or Damage to Personal Property ............................................ 87
Compensation For Off-Duty Canine Care .................................................................... 85
Compensation for Portion of Month ............................................................................. 12
Compensatory Time ..................................................................................................... 19
Competitive Exam ........................................................................................................ 60
Computer Vision Care (CVC) Users Eye Exam ........................................................... 57
Constructive Resignation ............................................................................................. 67
Corrective Counseling System ..................................................................................... 75
Court Appearance Overtime ........................................................................................ 20
Court Security/Detention Time ..................................................................................... 65
Criminalists ................................................................................................................... 84
Critical Incident ............................................................................................................. 90
Days and Hours of Work .............................................................................................. 17
Deferred Compensation Plan-Loan Provision .............................................................. 86
Department Investigations ........................................................................................... 90
Dependent Care Assistance Program .......................................................................... 57
Deputy Sheriff-Coroner Overtime ................................................................................. 20
Disability ....................................................................................................................... 39
Dismissal, Suspension & Demotion ............................................................................. 68
Dispatch Re-opener ..................................................................................................... 65
DSA President ................................................................................................................ 9
Dues Deduction .............................................................................................................. 4
Duration of Agreement ................................................................................................. 93
March 29, 2016 Contra Costa County BOS Official Minutes 406
Effective Resignation ................................................................................................... 67
Employee Assistance Program .................................................................................... 56
Entrance Salary ............................................................................................................ 11
Evening Watch ............................................................................................................ 22
Family Care or Medical Leave ...................................................................................... 45
Forensic Services ......................................................................................................... 82
General Administration – Leaves of Absence .............................................................. 45
General Wages ............................................................................................................ 10
Grievance Procedure ................................................................................................... 70
Group Health Plan Coverage ....................................................................................... 48
Hazard Pay for Non-Sworn Detention Division ............................................................. 82
Health Benefits for Employees Not Otherwise Covered ............................................... 91
Health Care Spending Account .................................................................................... 57
Health Plan ................................................................................................................... 51
Holiday and Compensatory Time Provisions ............................................................... 32
Holidays ....................................................................................................................... 27
Holidays Observed ....................................................................................................... 27
Increments Within Range ............................................................................................. 12
Internal Affairs Scheduling ........................................................................................... 65
Investigation Division Home Garaging ......................................................................... 65
Investigations and Special Investigations Unit ............................................................. 82
Investigations Division Scheduling ............................................................................... 65
Jury Duty ...................................................................................................................... 50
Labor Management Committee .................................................................................... 92
Labor-Management Committee (LOA) ......................................................................... 44
Layoff During Probation ............................................................................................... 59
Lead Deputy Sheriff/Corporal Assignment ................................................................... 81
Leave Without Pay ....................................................................................................... 44
Leave Without Pay – Use of Accruals .......................................................................... 48
Leave of Absence ........................................................................................................ 44
Length of Service Definition (for service awards and vacation accruals) ..................... 89
Letters of Reprimand .................................................................................................... 75
Length of Suspension .................................................................................................. 70
Life Insurance Benefit Under Health and Dental Plans ................................................ 54
Longevity Pay ............................................................................................................... 10
Lunch Period ................................................................................................................ 86
Maintenance of Membership .......................................................................................... 6
Maximum Vacation Accrual .......................................................................................... 35
Medical, Dental, and Life Insurance ............................................................................. 51
Merit Board ................................................................................................................... 75
Mileage ......................................................................................................................... 90
Military Leave ............................................................................................................... 48
Morning Watch ............................................................................................................. 22
March 29, 2016 Contra Costa County BOS Official Minutes 407
No Discrimination ........................................................................................................... 8
Non-Sworn Training Officer Program ........................................................................... 81
Notice (Layoff) .............................................................................................................. 27
Official Representatives ................................................................................................. 9
On-Call Duty ................................................................................................................. 21
Open Exam .................................................................................................................. 60
Orthodontia Coverage .................................................................................................. 53
Overtime and Compensatory Time .............................................................................. 19
Part-Time Compensation ............................................................................................. 12
Past Practices .............................................................................................................. 93
Pay for Work in Higher Classification ........................................................................... 14
Pay Warrant Errors ...................................................................................................... 88
Peace Officer Training P.O.S.T. ................................................................................... 82
Permanent-Intermittent Employee Benefits ................................................................. 90
Permanent Intermittent Employees .............................................................................. 32
Permanent Part-Time Employee Benefits .................................................................... 90
Personnel Files ............................................................................................................ 77
Personnel Management Regulations ........................................................................... 93
Physical Examination ................................................................................................... 61
Position Reclassification .............................................................................................. 12
Pregnancy Disability Leave .......................................................................................... 48
Pemium Pays ............................................................................................................... 81
Premium Payments ...................................................................................................... 54
Probationary Period ..................................................................................................... 58
Promotion ..................................................................................................................... 60
Promotion Via Reclassification Without Examination ................................................... 60
Provisional Appointment .............................................................................................. 91
Reassignment of Laid Off Employees .......................................................................... 27
Recognition .................................................................................................................... 4
Reimbursement for Meal Expenses ............................................................................. 86
Rejection During Probation .......................................................................................... 58
Rejection During Probation of Laid Off Employee ........................................................ 60
Requirements for Promotional Standing ...................................................................... 61
Resignation in Good Standing ..................................................................................... 67
Resignations ................................................................................................................ 67
Retirement Contribution ............................................................................................... 78
Retirement Coverage ................................................................................................... 54
Return From Leave of Absence ................................................................................... 49
Revised Probationary Period ........................................................................................ 58
Revocation ................................................................................................................... 67
Safety ........................................................................................................................... 90
Salaries ........................................................................................................................ 10
Scope of Agreement .................................................................................................... 92
Seniority Credits ........................................................................................................... 61
Seniority, Workforce Reduction, Layoff & Reassignment ............................................ 23
Sergeant Overtime Pay ................................................................................................ 20
Service Awards ............................................................................................................ 89
March 29, 2016 Contra Costa County BOS Official Minutes 408
Severability of Provisions ............................................................................................. 92
Sheriff’s Aides/Specialist Transfers .............................................................................. 66
Sheriff’s Dispatcher P.O.S.T. Certificates .................................................................... 82
Shift Differential ............................................................................................................ 21
Sick Leave .................................................................................................................... 36
Skelly Requirements – Notice of Proposed Action (Skelly Notice) ............................... 69
Special Employment Lists ............................................................................................ 27
Strike/Work Stoppage .................................................................................................. 74
S.W.A.T. Uniform ......................................................................................................... 84
Thirty Years of Continuous Service as a Safety Member ............................................. 79
Time Reporting and Pay Practices Waiver .................................................................. 18
Time Reporting/Time Stamping ................................................................................... 18
Transfer ........................................................................................................................ 66
Transfer (Salaries) ....................................................................................................... 14
Unauthorized Absence ................................................................................................. 50
Unfair Labor Practice ................................................................................................... 92
Uniform Allowance ....................................................................................................... 83
Uniforms ....................................................................................................................... 83
Union Release Time Bank – Limited Pilot Program ....................................................... 9
Use of County Buildings ................................................................................................. 7
Vacation Accrual Rates ................................................................................................ 33
Vacation Leave ............................................................................................................ 33
Withdrawal of Membership............................................................................................. 6
Witness Duty ................................................................................................................ 51
Workforce Reduction ................................................................................................... 23
Work Scheduling .......................................................................................................... 61
Workers’ Compensation ............................................................................................... 41
March 29, 2016 Contra Costa County BOS Official Minutes 409
RECOMMENDATION(S):
ADOPT Resolution No. 2016/141 to provide for salary increases for the Sheriff-Coroner and Sheriff-Coroner
unrepresented sworn positions to parallel those in the new Deputy Sheriffs' Association Memorandum of
Understanding (Management Unit) for the period July 1, 2016 and beyond.
FISCAL IMPACT:
The terms and conditions set forth in this action are estimated at a County FY 2016/17 cost of $137,000, including
$60,500 in pension costs; the FY 2017/18 cost is $274,000, including $121,000 in pension costs; and the FY 2018/19
total cost of $388,000, including $171,000 in pension costs.
BACKGROUND:
Contra Costa County has historically tied the Sheriff-Coroner and unrepresented sworn classes in the Sheriff-Coroner
department to represented classes in the Deputy Sheriffs' Association Management Unit for purposes of salary
increases and decreases. On March 29, 2016, the Board of Supervisors will consider adopting a new memorandum of
understanding with the Deputy Sheriffs' Association Management Unit that includes wage increases. Resolution No.
2016/141 provides for a 5% wage increase each year effective July 1, 2016, 2017, and 2018 for the classes of
Assistant Sheriff-Exempt (6XB2), Chief Police-Contract Agency-Exempt (6XF1), Commander-Exempt (6XD1),
Sheriff-Coroner (6XA1), Undersheriff-Exempt (6XB4), and a 2.5% wage increase effective January 1, 1017
excluding the Sheriff-Coroner (6XA1).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources
D. 9
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:General Salary Increases for Unrepresented Sworn Employees and Elected Official in the Sheriff-Coroner Department
March 29, 2016 Contra Costa County BOS Official Minutes 410
CONSEQUENCE OF NEGATIVE ACTION:
The County could be detrimentally impacted by the potential loss of highly-trained sworn personnel and it may
become more difficult to attract candidates for promotion.
AGENDA ATTACHMENTS
Resolution No. 2016/141
MINUTES ATTACHMENTS
Signed Resolution No. 2016/141
March 29, 2016 Contra Costa County BOS Official Minutes 411
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/141
In The Matter Of: Providing for Salary Increases for Unrepresented Sworn Employees and Elected Official in the
Sheriff-Coroner Department
WHEREAS the County of Contra Costa has maintained a historic salary tie between the Sheriff-Coroner, his unrepresented
sworn managers, and his represented managers; and
WHEREAS the Deputy Sheriffs' Association Management Unit has recently negotiated a new Memorandum of Understanding
including wage increases;
The Contra Costa County Board of Supervisors acting solely in its capacity as the Governing Board of the County of Contra
Costa RESOLVES THAT:
The base rate of pay for the classifications of Assistant Sheriff-Exempt (6XB2), Chief Police-Contract Agency-Exempt
(6XF1), Commander-Exempt (6XD1), Undersheriff-Exempt (6XB4) will be increased as follows:
1.
Effective July 1, 2016, 5% wage increase
Effective January 1, 2017, 2.5% wage increase
Effective July 1, 2017, 5% wage increase
Effective July 1, 2018, 5% wage increase
The base rate of pay for the Sheriff-Coroner (6XA1) will be increased as follows:2.
Effective July 1, 2016, 5% wage increase
Effective July 1, 2017, 5% wage increase
Effective July 1, 2018, 5% wage increase
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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Harjit S. Nahal, Assistant County Auditor, Lisa Lopez, Assistant Director of Human Resources
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 412
March 29, 2016Contra Costa County BOS Official Minutes413
RECOMMENDATION(S):
CONDUCT the 23rd Annual Cesar E. Chavez Commemorative
Celebration.
BACKGROUND:
See attached program for more information.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: BARBARA RIVEIRA
925-335-1018
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.10
To:Board of Supervisors
From:Robin Lipetzky, Public Defender
Date:March 29, 2016
Contra
Costa
County
Subject:23rd ANNUAL CESAR E. CHAVEZ COMMEMORATIVE CELEBRATION
March 29, 2016 Contra Costa County BOS Official Minutes 414
CLERK'S ADDENDUM
2016 Youth Hall of Fame: Good Samaritan - Daisy Poblano; Artiste - Lauren Furman; Valiant Volunteer:
Fadua "Kimmy" Guemblie Farjat; Sports Leadership - Frank McNulty Bedde IV; School Leadership - Lindsey
Parnas; Outstanding Youth - Christopher Hou.
ATTACHMENTS
Cesar Chavez 2016 Program
March 29, 2016 Contra Costa County BOS Official Minutes 415
Tuesday, March 29th, 2016
Contra Costa County
Board of Supervisors
Announces the 23rd Annual
Cesar E. Chavez
Commemorative Celebration
Esperanza y Justicia
Hope and Justice
March 29, 2016Contra Costa County BOS Official Minutes 416
Chavez’s Life...
1927: Cesar Estrada
Chavez is born on
March 31, 1927 in
Yuma, Arizona.
1938: The Chavez
family loses its farm
during the Great
Depression and begins
following crops as
migrant farm workers in
Arizona and California.
1944-45: Cesar Chavez serves in the
Navy in the Pacific during World War II.
1947: Influenced by his father’s
involvement in labor issues, Cesar joins
his first union, the National Agricultural
Workers Union.
1952: Cesar is recruited to work with Saul
Alinsky’s Community Service Organization
(CSO), designed to help Latinos who have
problems with immigration and police.
1958: Cesar is named General Director
of CSO.
1962: Cesar leaves CSO after it refuses
to form a farm-workers union and, in
Delano, starts the National Farm Workers
Association, the precursor to the United
Farm Workers Union (UFW).
1965, Sept. 8: Filipino grape pickers in
Delano go on strike for higher wages.
1965, Sept. 16: Cesar’s union joins the
strike against grape growers.
1966, March 17: Cesar and 70 strikers
begin a march on Sacramento to drum up
support for the union effort.
1966, April 11: The Chavez-led group
marches to the State Capitol swelled to as
many as 10,000 supporters from around
the nation.
1968, Feb. 14: Cesar begins 25-day fast
to garner support for non-
violence in union-organizing
efforts.
1968, March 10: Cesar
breaks fast in Delano
with supporters, including
Senator Robert F. Kennedy. 1968, March 24: Cesar announces in Los Angeles plans for a “worldwide boycott” of California grapes.
1968, July: More than 100 grape growers
and shippers sue Chavez and the UFW,
claiming $25 million in losses because of
the boycott.
1970: Contract agreements between UFW and most major grape growers is reached. Lettuce boycott begins.
1972: Cesar conducts a 24-day fast to protest right-to-work law.
1973: Cesar organizes the United Farm Workers of Americas Union, and a newround of boycotts begins when grape growers fail to renew contracts.
1988, August 21: Cesar ends a 36-day
fast to protest pesticide use. The fast is
the longest for the labor leader and leaves
him severely weakened.
1993, April 23: Cesar Estrada Chavez dies
in San Luis, Arizona, near where he was
born 66 years ago.
2000, August: The State of California
officially establishes the Cesar E. Chavez
holiday.
2003: The U.S. Postal Service unveils a Cesar E. Chavez postage stamp.
2012: The US Navy Military Sealift
Command christens the USNS Cesar
Chavez (T-AKE-14) and activates and
dedicates the ship in honor of Cesar
Chavez.March 29, 2016Contra Costa County BOS Official Minutes 417
Refreshments immediately following ceremony in foyer
Cesar E. Chavez
Mistress of Ceremonies
Robin Lipetzky, Public Defender
Welcome
Candace Andersen, Chair, Board of Supervisors
Musical Performance
Mariachi Nueva Leyenda
Keynote Speaker
Blanca Hernandez
Entertainment
Ballet Folklórico Netzahualcoyótl
Board of Supervisors
Introduction and Presentation of
2016 Youth Hall of Fame Honorees
Acknowledgement & Adjournment
Annual Commemorative Celebration
& Youth Hall of Fame Awards
March 29, 2016
23rd
March 29, 2016Contra Costa County BOS Official Minutes 418
Keynote Speaker
Blanca Hernandez
lanca Hernandez is an immigrants’
rights activist and an Immigration
Paralegal with the International
Business Law Firm in Washington, DC. She
attended the West Contra Costa Unified School
District and the Contra Costa Community College
District. She emigrated from Mexico with her
family in 1989 and they ultimately settled in
Richmond, CA. Blanca has lived undocumented
in the United States for the past 26 years and
her immigration status continues today. She is
currently a beneficiary of President Obama’s
Deferred Action for Childhood Arrivals (DACA)
program.
Blanca’s family was and has always been truthful
about their undocumented status in the U.S. At
the age of 8, Blanca found out that she could not
count on getting a social security number, thus
she was ineligible for a scholarship for summer
courses at the East Bay Center for the Performing
Arts. It was at the age of 12 when she fully
understood what being undocumented meant.
During this time period, Blanca was extremely
passionate about dance, and she participated
and performed as part of Los Cenzontles’ Son
Jarocho workshops. However, due to her inability
to travel with the group on their annual trip to
Veracruz, Mexico, Blanca stopped dancing. She
understood then, and quite clearly, the limitations
of being undocumented.
In 2001, Blanca was informed that she was
ineligible to take the SATs, due to her lack of
a social security number, which later proved
inaccurate. Frustrated over the negativity received
over the years, and upon learning that she would
not be able to attend college as an undocumented
student, she worked with the system and figured
out a way to register and ultimately began
attending classes at Contra Costa Community
College. It was then when she decided to attempt
to reduce the so called “limitations” she would be
up against as much as possible.
Financial barriers ultimately forced Blanca to drop
out of college after the first semester. Nonetheless,
a year later she returned to college determined to
graduate. Upon graduation from Contra Costa
Community College in 2006, Blanca transferred
to the University of California at Davis, in hopes
of pursuing her intended majors of International
Relations and Chicana/o Studies –– majors she had
chosen as a result of the mentorship she received
as a participant in the Metas program at Contra
Costa College and the many conversations she
had with a close friend and fellow Richmond
High graduate about her areas of interests.
Unfortunately, Blanca suffered another setback
after having successfully transferred to UC
Davis. The university made it a requirement
that all International Study majors study abroad,
a requisite that Blanca was unable to fulfill due
to her immigration status.
As a result of the newly faced barriers, Blanca
decided that she would utilize the resources she
had available and move forward. If the system
did not intend to work with or for her, she would
learn how to work within the system. During
her time at UC Davis, Blanca became active
around undocumented student issues, which led
her to co-found Scholars Promoting Education,
Awareness, and Knowledge (SPEAK), and later
the Bay Area DREAM Act Coalition (BADAC).
Blanca ultimately graduated with a B.A. in
Chicana/o Studies in 2008, being the first person
in her immediate and extended U.S. based family
to graduate from college.
She then joined efforts across the state and
country, which led to the passage of the California
Dream Act and the passage of the Federal DREAM
Act in the House of Representatives in 2010.
Within the same year, Blanca joined Educators
for Fair Consideration (E4FC), an organization
aimed to support undocumented youth in their
pursuit of college, career, and citizenship. As a
member of E4FC, Blanca joined the Legal Services
team, which expanded her legal knowledge and
network, and kindled her passion for law and
justice. As a result of the personal network and
mentorships that Blanca had been able to build, in
2013, she relocated to Washington, DC to further
her legal career.
Understanding and witnessing the effects of
deportation in her community and across the
country, Blanca joined the #Not1More campaign
in 2013, and partook in a civil disobedience
protest in Fairfax, Virginia, to call an end to
deportations. Realizing that deportations were
further on the rise, Blanca attended the 2014
Congressional Hispanic Caucus Institute’s
(CHCI) Annual Gala, where President Obama
was scheduled to be the keynote speaker, and
interrupted his speech by calling for an executive
order and a halt to deportations until Congress
approves an immigration reform. Blanca was
escorted out of the event and an executive order
was announced the following month.
For her work on immigrants’ rights, Blanca
has been recognized by the Chicana Latina
Foundation, Centro Legal de La Raza, UC
Berkeley Labor Center, and named on the “Top
Ten of Who Made a Difference” Latino Magazine,
2014.
B
March 29, 2016Contra Costa County BOS Official Minutes 419
Past Speakers & Presentations
YEAR SPEAKER / PLAY
2015 Frances Montalvo Palacios, president of Palacios Productions
and founder of atruelatina.com
2014 Alvaro Ramirez, Ph. D., Professor, Department of Modern Languages
St. Mary’s College
2013 Juan Coria, Deputy Regional Administrator,
U.S. Department of Labor
2012 María Leticia Gómez, Journalist
2011 Blas G. Guerrero, Ph.D., Dean of Student Development,
Los Medanos College
2010 Jane C. Garcia, CEO of La Clínica De La Raza
2009 Gonzalo Rucobo, Bay Area Peacekeepers
2008 Jim Hernandez, Youth Violence Prevention Specialist
Johnny Rodriguez, One Day at a Time, Founder
2007 State Senator, Liz Figueroa (D-Fremont)
2006 Honorable Judge Maria Rivera
2005 Nicolas Vaca, PhD., Attorney-at-Law
2004 Ruben Rosalez, Assistant District Director,
U.S. Department of Labor
2003 Peter Garcia, President, Los Medanos College
2002 Dolores Huerta, VFW Co-founder with Cesar Chavez
2001 Paul R. Chavez, Grandson of Cesar Chavez
2000 Paul Ramirez, Federal Investigator, Department of Labor
1999 Teresa Delgado, 1st Granddaughter of Cesar Chavez
1998 Play, “Maria,” written by Richard Martinez,
Director of Contra Costa County Housing Authority
1997 Play, “Los Regalos,” (The Gifts), written by Richard Martinez
1996 Play, “The Warriors,” written by Richard Martinez,
1995 Play, “Abuelito, ¿Quién es Cesar?,” (Grandfather, Who is Cesar?)
Latino Student Alliance, Diablo Valley College
1994 Ed Trujillo, Chair of Drama Department, Diablo Valley College
March 29, 2016Contra Costa County BOS Official Minutes 420
Mariachi Nueva Leyenda
Founded in 2012 under the leadership of Juan Mandujano, Mariachi Nueva
Leyenda is a group of nine musicians descended from Colima, Jalisco, and
Guanajuato, Mexico. Ranging in ages from 12 to 17, this younger generation
group brings the culture and sound of their Mexican roots by performing
the ancient tradition of Mariachi music with elegance and grace.
Based in the San Francisco Bay Area, Mariachi Nueva Leyenda has performed
in private and public venues to include fundraisers, birthdays, holiday
parties, masses and special events for Cinco de Mayo and Dia de los Muertos
throughout the cities of Richmond, San Pablo and San Francisco.
Entertainment
March 29, 2016Contra Costa County BOS Official Minutes 421
Ballet Folklórico Netzahualcóyotl
Ballet Folklorico Netzahualcoyotl was founded in Marin County (San Rafael)
in 1996. Director Netzahualcoyotl Vidal was born in the city of Compostela,
Nayarit, Mexico, and studied Mexican Folkloric dance at the acclaimed Escuela
de la Danza Mexicana Jaime Buentello Bazán from the time he was a young
boy on through his early adult life. For the past twenty years, he has been
an instructor and director of Mexican Folkloric Dance. He started his dance
career as a director at San Rafael High School in Marin County where he
taught for three years. In 1996 he founded Ballet Folklorico Netzahualcoyotl,
and is currently the general and artistic director. He teaches both adults and
children in different locations such as San Rafael, Concord and Santa Rosa.
Since then, it has evolved into a dance company with its own unique style,
costume designs, music and choreography. For many years the Ballet’s highest
goal has been to research Mexican folklore and share with the world some of
Mexico’s most prized gifts: its dances, customs and traditions!
The Ballet Folklorico Netzahualcoyotl currently comprises more than 100
students as young as five years old and from many different cultures. The
group has participated in many local events and venues including the Annual
San Francisco Ethnic Dance Festival, Kids Dancing For Kids, the Marin
County Fair, Petaluma Fair, Sonoma Fair, Solano County Fair, and the San
Rafael District Schools. The mission of the Ballet Folklorico Netzahualcoyotl
is to empower the Hispanic Community and to educate the general public by
providing a greater understanding and appreciation for Mexican culture and
folklore through music, dance and traditional art forms.
March 29, 2016Contra Costa County BOS Official Minutes 422
Contra County County Youth Hall of Fame
2016 Honorees
Good Samaritan: Daisy Poblano – 12th grade, Freedom High School
For the past two years, Daisy has been actively participating in a multicultural
and multigenerational program in the city of Oakley called… You Me We Oakley
(YMWO)! Through her participation, she increased the number of youth volunteers,
hosted several community events, and was instrumental in the success of the YMWO-
sponsored Safekeeper Program. The Safekeeper Program, through outreach, empowers
and provides the public with training and resources needed to assist in suicide
prevention and crisis intervention. Daisy has also been trained to properly assist in
the screening of community members interested in going through the Immigration
and Naturalization process by providing assistance in completing the necessary forms
needed for individuals to become U.S. Citizens. Daisy’s engaging attitude, dynamic
people skills and ability to speak Spanish have proven to be an asset allowing her to
establish rapport with volunteers and community members alike.
Artiste: Lauren Furman – 12th grade, Monte Vista High School
Lauren has spent the last four years developing and participating in a tutoring and
mentoring program for at-risk or high-risk 4th and 5th graders at Alamo Elementary
School. Her skills in mathematics and leadership are the right combination for these
students who benefit directly from her weekly 1:1 tutoring and mentoring. Lauren is
a mature and reliable communicator who develops remedial curriculum for students,
with input from classroom teachers. In addition to the tutoring and mentoring
programs, Lauren collects end-of-year school supplies and spends the summer
refurbishing them for low-income students, creating back-to-school packages that
benefit both students and teachers. Lauren is an independent and dedicated young
woman, who has made a difference in the lives of several dozen young students with
her encouragement and skilled support.
Valiant Volunteer: Fadua “Kimmy” Quemblie Farjat – 12th grade, College Park High School
Fadua or “Kimmy” as she is known to her fellow volunteers at the Monument Impact
program Go Get It (GGI)!, has been a very active community volunteer by taking part
in events such as the Doctor Seuss Day. These events provide her an opportunity to
share her love of reading by reading to kids, and assisting with games and activities at
the “Dia del Niño” Day of the Child. Along with helping her community as a volunteer
at various community events, Kimmy is also a health promoter for the community. She
has dedicated many hours advising youth and adults in the community about eating
nutritiously and staying healthy through her work at Monument Impact, as a Zumba
instructor, and as a coach for the Junior Giants Baseball League. In addition, Kimmy
extends her volunteer service and love of her community as a cadet with the Concord
Police Department and hopes to become a police officer in the future.
Honorees continued on next page...
March 29, 2016Contra Costa County BOS Official Minutes 423
Youth Hall of Fame, 2016 Honorees
Sports Leadership: Frank McNulty Bedde IV – 9th grade, Freedom High School
Frank is both an honor student and a three-sport athlete. Beyond the classroom
and the playing fields, he decided to improve the campus climate and help future
generations of Freedom High School students. By joining the Leadership class, Frank
volunteered to lead a school rally for 2,600 students, and has been accepted to be
a Freshman Boot Camp Commissioner for the next three years. As Freshman Boot
Camp Commissioner, his primary responsibility is to design and implement a program
to help incoming freshman acclimate to the high school environment and set them
on a path to academic success. In addition to his school activities, Frank is actively
involved with Boy Scouts, of America, currently holding the rank of Life Scout. As
a Scout, he participated; and/or led several community service projects including his
Eagle Project this March to benefit Delta Vista Middle School. He has earned the
respect of his peers by his actions and by encouraging others to sacrifice a little of
themselves for the betterment of us all.
School Leadership: Lindsey Parnas – 12th grade, San Ramon Valley High School
Lindsey not only excels in academics with top notch grades, she participates in San
Ramon Valley High School’s Student Government, is part of the Awards Committee
awarding student of the week awards to fellow students, and is a peer tutor. Lindsey
is passionate about The French language and culture, so much so that she started a
French Club her junior year in which students experience French culture through
language, food, music and film. In addition to her various school activities, Lindsey
is committed to social justice, especially increasing awareness of issues pertaining to
the LGBTQ+ community, mental health and women’s education. It is worthy to note
that Lindsey is the only Youth Hall of Fame candidate that was nominated by peers,
which speaks volumes of her caring and compassionate nature and the respect and
admiration her fellow students have for her.
Cesar E. Chavez Outstanding Youth Honoree: Christopher Hou – 11th grade,
Monte Vista High School
Christopher is an outstanding student at Monte Vista High School and has great
dreams and a big heart to make a significant impact in his community and the
world. Christopher was a member of the Danville Youth Council from 2013-2015
and has a love and passion for math and science. Christopher has used his time
and talent to coach math and computer science in several different communities
including competition teams at Diablo Vista Middle School. He has devoted many
hours after school to recruit and lead 15 coaches to help advance over 150 young
students in math, earning the students multiple first place awards in Math Counts
East Bay Chapter competitions in 2015 and recently in February 2016 at UC
Berkeley. Christopher’s passion for math and science extends beyond school to the
community at large where he has founded CodeBytes, a group of high school students
passionate about computer science and coding, who volunteer their time by reaching
out to underrepresented children and helping them to learn computer coding for a
better future. Christopher identified a need, developed a class plan and curriculum,
recruited other high school students with the same passion for math and science to be
instructors, and reached out to charitable organizations to see where they could find a
location to host the computer coding lessons. The Monument Crisis Center warmly
welcomed and supported their efforts and opened a classroom to host the classes, thus
greatly benefiting students who would never have this opportunity, and creating a tech
connection that can mean all the difference to these at-risk children. The CodeBytes
class ran for 10 weeks and was so popular, it filled up immediately and maintained a
waiting list and is currently being held again. Christopher has used his time, talent and
passion to better both his local community and the world around him. March 29, 2016Contra Costa County BOS Official Minutes 424
Contra Costa County Board of Supervisors
Contra Costa Health Services Department
Contra Costa Employment & Human Services Department
Contra Costa Public Works Department
Central Labor Council, AFL-CIO
Plumbers and Steamfitters Local 159
IBEW Local Union 302
Acknowledgements
Arts & Culture Commission of Contra Costa County
Catering: Los Panchos Restaurant
Display: Raymond Martinez
Flowers: Granshaw’s Flowers &
Gracie Lerma, Public Defender’s Office
Flyer / Program Design: Wiz Huang
Poster Design: Vien Tran
Public Works: Print & Mail, Custodial & Recycling Services
Visual Support services: CCTV
Set-up: Rey Torralba, Clerk-Recorder-Elections
Sponsors
March 29, 2016Contra Costa County BOS Official Minutes 425
2016 Cesar E. Chavez Committee
Contra Costa County Board of Supervisors
Conservation & Development
Trish Dominguez
Health Services
Lorena Barajas
Office of the Sheriff
Steve Borbeli
Member in Memoriam
Gina Martin
Public Defender’s Office
Robin Lipetzky
Gracie Lerma
Clerk-Recorder-Elections
Melissa Hickok
Eren Mendez
County Administrator’s Office
Barbara Riveira
Nancy Yee
March 29, 2016Contra Costa County BOS Official Minutes 426
Thank
you
for
Attending
History will judge societies and
governments — and their institutions
— not by how big they are or how well
they serve the rich and the powerful,
but by how effectively they respond to
the needs of the poor and the helpless.
Cesar Chavez
March 29, 2016Contra Costa County BOS Official Minutes 427
RECOMMENDATION(S):
APPROVE the Clifton Court Road Bridge Repair Project and AUTHORIZE the Public Works Director, or designee,
to advertise the project, Byron area [Project No. 0662-6U4135, DCD-CP# 15-36 (District III)], and
FIND the project is a California Environmental Quality Act (CEQA), Class 1(b) Categorical Exemption, pursuant to
Section 15301(b) of the CEQA Guidelines; and
DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and
AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Department of Conservation and
Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption.
FISCAL IMPACT:
100% Local Road Funds
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Leigh. Chavez, (925)
313-2366
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:APPROVE the Clifton Court Road Bridge Repair Project and related actions under the California Environmental
Quality Act.
March 29, 2016 Contra Costa County BOS Official Minutes 428
BACKGROUND:
The purpose of this project is to conduct repairs to an existing bridge over Italian Slough. The project consists of
stabilizing eroded areas near the bridge structures (abutments, cutoff and retaining walls), as well as replacement
of missing and deteriorating timbers along the length of the bridge, as needed. The project is located within the
East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP)
Service Area and is a covered project (Bridge Repair). PWD will implement applicable avoidance and
minimization measures defined by the HCP/NCCP. In addition, the work falls within potential habitat for Delta
smelt, longfin smelt, and steelhead; therefore, consultation with California Department of Fish and Wildlife
(CDFW), US Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS) will be
conducted prior to construction to ensure impacts to these fish species are avoided. In order to avoid impacts to
nesting migratory birds and the Delta fish species, the work will be conducted during the dry season, anticipated to
occur during the month of September. Further, in order to access the work area around the abutments without
creating sediment impacts in the slough, the contractor will either dewater the immediate areas around the
abutments using clean materials such as sandbags or work in the wet using a weighted floating silt curtain. Project
construction may require temporary closure of under deck boat crossings and temporary lane closures. Public
notification will occur no less than ten days prior to initiation of the work. Emergency vehicles will have access at
all times.
CONSEQUENCE OF NEGATIVE ACTION:
Delay in approving the project may result in a delay of design, construction, and may jeopardize funding.
ATTACHMENTS
Clifton Bridge IS & Figs
Clifton Bridge NOE
March 29, 2016 Contra Costa County BOS Official Minutes 429
March 29, 2016 Contra Costa County BOS Official Minutes 430
March 29, 2016 Contra Costa County BOS Official Minutes 431
March 29, 2016 Contra Costa County BOS Official Minutes 432
March 29, 2016 Contra Costa County BOS Official Minutes 433
March 29, 2016 Contra Costa County BOS Official Minutes 434
March 29, 2016 Contra Costa County BOS Official Minutes 435
RECOMMENDATION(S):
APPROVE the conveyance of a portion of two slope easements to San Marco Properties, LLC, in accordance with the
Final Order of Condemnation (FOC) dated October 13, 1993 and pursuant to California Streets and Highway Code
Section 960. (Project No. 4660-6X4107 [SCH 90030377])
DETERMINE said property to be surplus and no longer necessary for highway purposes;
AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the Contra Costa County
(County);
DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed to be delivered to
the Grantee for acceptance and recording in the office of the County Clerk-Recorder.
FISCAL IMPACT:
100% Contra Costa Transportation Authority Funds
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Jessica Dillingham, (925)
313-2224
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:APPROVE the Quitclaim Deed for a portion of two slope easements to San Marco Properties LLC
March 29, 2016 Contra Costa County BOS Official Minutes 436
BACKGROUND:
The County acquired the real property on October 13, 1993 by FOC recorded in Book 19039 at page 825 for the
State Route 4 Willow Pass Grade Widening and Lowering Project funded by Contra Costa Transportation
Authority. The FOC required that the County adjust the area of the slope easements in order to meet the
established finished grades of the San Marco project so that all finished slopes will be entirely within the required
slope easements and be maintained by the County. The San Marco project has now been graded and a portion of
the two slope easements are no longer required for highway purposes and can be quitclaimed back to the
underlying fee owner.
CONSEQUENCE OF NEGATIVE ACTION:
The County would be responsible for the maintenance of an area no longer needed for public use.
AGENDA ATTACHMENTS
Quitclaim Deed
MINUTES ATTACHMENTS
Signed: Quitclaim Deed
March 29, 2016 Contra Costa County BOS Official Minutes 437
March 29, 2016 Contra Costa County BOS Official Minutes 438
March 29, 2016 Contra Costa County BOS Official Minutes 439
March 29, 2016 Contra Costa County BOS Official Minutes 440
March 29, 2016Contra Costa County BOS Official Minutes441
March 29, 2016Contra Costa County BOS Official Minutes442
March 29, 2016Contra Costa County BOS Official Minutes443
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Summit
CM, Inc., d/b/a Summit Associates (Summit), effective April 14, 2015, to update payment provisions (Attachment 1
to Appendix B, Rate Sheet) with no change to original term or payment limit of $300,000, for On-Call Construction
Management Services, Countywide. (Project No. Various)
FISCAL IMPACT:
Work performed under this on-call consulting services agreement is funded by developer fees, various other local,
state and federal funds for road, flood control, and airport projects.
BACKGROUND:
The Public Works Director, or designee, executed a Consulting Services Agreement, dated April 14, 2015, with
Summit for on-call construction management services.
Proposed Amendment No. 1 will update payment provisions with no change to original Term or Payment Limit.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:Contract amendment with Summit CM, Inc., d/b/a Summit Associates for on-call construction management services,
Countywide.
March 29, 2016 Contra Costa County BOS Official Minutes 444
CONSEQUENCE OF NEGATIVE ACTION:
The consultant would not be compensated for services needed to complete the project.
ATTACHMENTS
Contract Amendment
March 29, 2016 Contra Costa County BOS Official Minutes 445
March 29, 2016 Contra Costa County BOS Official Minutes 446
March 29, 2016 Contra Costa County BOS Official Minutes 447
March 29, 2016 Contra Costa County BOS Official Minutes 448
March 29, 2016 Contra Costa County BOS Official Minutes 449
March 29, 2016 Contra Costa County BOS Official Minutes 450
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 1 with
Summit CM, Inc., d/b/a Summit Associates (Summit), effective July 7, 2015, to update payment provisions
(Attachment 1 to Appendix B, Rate Sheet) with no change to original term or payment limit of $150,000, for On-Call
Materials Testing and Inspection Services, Countywide. (Project No. Various)
FISCAL IMPACT:
Work performed under this on-call consulting services agreement is funded by developer fees, various other local,
state and federal funds for road, flood control, and airport projects.
BACKGROUND:
The Public Works Director, or designee, executed a Consulting Services Agreement, dated July 7, 2015, with
Summit for on-call materials testing and inspection services.
Proposed Amendment No. 1 will update payment provisions with no change to original Term or Payment Limit.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:Contract amendment with Summit CM, Inc., d/b/a Summit Associates for on-call materials testing and inspection
services, Countywide.
March 29, 2016 Contra Costa County BOS Official Minutes 451
CONSEQUENCE OF NEGATIVE ACTION:
The consultant would not be compensated for services needed to complete the project.
ATTACHMENTS
Contract Amendment
March 29, 2016 Contra Costa County BOS Official Minutes 452
March 29, 2016 Contra Costa County BOS Official Minutes 453
March 29, 2016 Contra Costa County BOS Official Minutes 454
March 29, 2016 Contra Costa County BOS Official Minutes 455
March 29, 2016 Contra Costa County BOS Official Minutes 456
March 29, 2016 Contra Costa County BOS Official Minutes 457
RECOMMENDATION(S):
ADOPT Resolution No. 2016/138 accepting as complete the contracted work performed by FBD Vanguard
Construction, Inc., for the San Pablo Dam Road Walkability project, as recommended by the Public Works Director,
El Sobrante area. Project No. 0662-6R4051
FISCAL IMPACT:
Project was funded by 44% Transportation for Livable Communities Funds, 16% Proposition 1B Funds, and 40%
Local Road Funds.
BACKGROUND:
The Public Works Director reports that said work has been inspected and complies with the approved plans, special
provisions and standard specifications and recommends its acceptance as complete as of March 1, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
The contractor will not be paid and acceptance notification will not be recorded.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 6
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Notice of Completion of construction contract for the San Pablo Dam Road Walkability project, El Sobrante area.
March 29, 2016 Contra Costa County BOS Official Minutes 458
AGENDA ATTACHMENTS
Resolution No. 2016/138
MINUTES ATTACHMENTS
Signed: Resolution No.
2016/138
March 29, 2016 Contra Costa County BOS Official Minutes 459
Recorded at the request of:Clerk of the Board
Return To:Design/Construction
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover,
District V Supervisor
NO:
ABSENT:Mary N. Piepho, District III Supervisor
ABSTAIN:
RECUSE:
Resolution No. 2016/138
In the Matter of Accepting and Giving Notice of Completion of construction contract for the San Pablo Dam Road Walkability
project, El Sobrante area. Project No. 0662-6R4051
WHEREAS the Board of Supervisors RESOLVES that on September 9, 2014, the County contracted with FBD Vanguard
Construction, Inc., for the work generally consisting of replacement of curb, gutter, and sidewalk to meet ADA standards;
installation of street trees and irrigation system; and installation of planter pots in the El Sobrante area, with Travelers Casualty &
Surety Company of America 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 March 1, 2016.
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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 460
March 29, 2016Contra Costa County BOS Official Minutes461
RECOMMENDATION(S):
ADOPT Traffic Resolution No. 2016/4440 to prohibit parking or stopping at all times for any vehicles, except for
those vehicles of individuals with disabilities (blue curb) on a portion of Market Avenue (Road No. 0565L), North
Richmond area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Staff from The New Bethel Church of God in Christ, 101 Market Avenue in North Richmond, requested that a
disabled parking space be established in front of their church, as they have several disabled parishioners. County
traffic engineering staff conducted a field visit and noted that there are no residences or businesses nearby that would
be affected by restricting a parking space for only persons with disabilities. Therefore, Traffic Engineering staff
recommend the disabled persons parking space be established on Market Avenue with appropriate signage and
pavement markings.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Monish Sen (925) 313-2187
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Prohibit parking at all times on Market Ave for any vehicles except for those vehicles of individuals with disabilities
(blue curb), No. Richmond area
March 29, 2016 Contra Costa County BOS Official Minutes 462
CONSEQUENCE OF NEGATIVE ACTION:
The proposed disabled persons parking space shall remain unrestricted, and law enforcement shall be unable to
enforce the proposed restriction.
AGENDA ATTACHMENTS
Traffic Reso 2016-4440
MINUTES ATTACHMENTS
Signed: Traffic Resolution No. 2016-4440
March 29, 2016 Contra Costa County BOS Official Minutes 463
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Traffic Resolution on March 29, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: RESOLUTION NO. 2016/4440
Supervisorial District I
TRAFFIC RESOLUTION NO. 2016/4440
SUBJECT: Prohibit parking or stopping at all times for any vehicles, except for those
vehicles of individuals with disabilities (blue curb) on a portion of Market
Avenue (Road No. 0565L), North Richmond area
The Contra Costa County Board of Supervisors RESOLVES that:
Based on the recommendations by the County Public Works Department’s Transportation
Engineering Division and pursuant to County Ordinance Code Sections 46-2.002 – 46-2.012, the
following traffic regulation is established:
Pursuant to Section 22507 and 22511.7 of the California Vehicle Code, declaring parking
to be prohibited at all times, except for vehicles of individuals with disabilities (blue
curb) on the north side of Market Avenue (Road No. 0565L), beginning at a point 45 feet
east of the centerline of First Street (Road No. 0565U) and continuing easterly for a 20
feet, North Richmond Area.
MS:mbt
Orig. Dept.: Public Works (Traffic)
Contact: Monish Sen (925-313-2187)
c: California Highway Patrol
Sheriff’s Department
G:\transeng\2016\BO - TR\2016-4440 TR Market Ave disabled parking.doc
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED:
DAVID TWA, Clerk of the Board of Supervisors and
County Administrator
By ,
Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 464
March 29, 2016Contra Costa County BOS Official Minutes465
RECOMMENDATION(S):
ADOPT Resolution No. 2016/126 accepting completion of the warranty period and release of cash deposit under the
Subdivision Agreement (Right-of-Way Landscaping) for road acceptance RA06-01214 (cross-reference subdivision
95-07976), for a project being developed by Windemere BLC Land Company, LLC, as recommended by the Public
Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:
The funds to be released are developer fees that have been held on deposit. (100% Developer Fees)
BACKGROUND:
The landscape improvements have met the guarantee performance standards for the warranty period following
completion and acceptance of the improvements.
CONSEQUENCE OF NEGATIVE ACTION:
The developer will not receive a refund of the cash deposit, the Subdivision Agreement (Right-of-Way Landscaping)
for road acceptance RA06-01214 and performance/maintenance surety bond will not be exonerated, and the billing
account will not be liquidated and closed.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Jocelyn 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Public Works - Finance, Public Works: Construction, Public Works - Engineering Services, Current Planning, Department of Conservation and Development, D. Geist,
Windermere BLC Land Company, LLC , 6111 Bollinger Canyon Road, Suite 550, San Ramon, CA 94583, Fidelity and Deposit Company of Maryland, 777 S. Figueroa Street,
Suite 3900, Los Angeles, CA 90017
C. 7
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Accepting completion of warranty period and release of cash deposit under Subdivision Agreement (Right-of-Way
Landscaping) for RA06-01214, San Ramon
March 29, 2016 Contra Costa County BOS Official Minutes 466
AGENDA ATTACHMENTS
Resolution No. 2016/126
MINUTES ATTACHMENTS
Signed: Resolution No.
2016/126
March 29, 2016 Contra Costa County BOS Official Minutes 467
Recorded at the request of:BOARD OF SUPERVISORS
Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover,
District V Supervisor
NO:
ABSENT:Mary N. Piepho, District III Supervisor
ABSTAIN:
RECUSE:
Resolution No. 2016/126
IN THE MATTER OF accepting completion of warranty period and release of cash deposit.
WHEREAS On August 19, 2008, this Board resolved that the improvements for road acceptance RA06-01214 (cross-reference
subdivision SD95-07976), were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with
Windemere BLC Land Company, LLC 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:
PAY $1,000.00 to the Public Works Department for reimbursement of inspection charges, (Auditor’s Deposit No. 468136, Dated
July 31, 2006) taken from the $1,000.00 cash deposit (per developer’s written permission dated January 28, 2016 and in
accordance with the Road Improvement 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 performance/maintenance surety bond issued by Fidelity and Deposit Company of Maryland Bond No.
08821794 dated September 18, 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Public Works - Finance, Public Works: Construction, Public Works - Engineering Services, Current Planning, Department of Conservation and
March 29, 2016 Contra Costa County BOS Official Minutes 468
cc: Public Works - Finance, Public Works: Construction, Public Works - Engineering Services, Current Planning, Department of Conservation and
Development, D. Geist, Windermere BLC Land Company, LLC , 6111 Bollinger Canyon Road, Suite 550, San Ramon, CA 94583, Fidelity and Deposit
Company of Maryland, 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
March 29, 2016 Contra Costa County BOS Official Minutes 469
March 29, 2016Contra Costa County BOS Official Minutes470
RECOMMENDATION(S):
ADOPT Resolution No. 2016/127 accepting completion of warranty period and release of cash deposit under the
Road Improvement Agreement for road acceptance RA06-01214 (cross-reference subdivision SD95-07976), for
project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director,
San Ramon (Dougherty Valley) area. (District II.)
FISCAL IMPACT:
The funds to be released are developer fees that have been held on deposit. (100% Developer Fees)
BACKGROUND:
The road improvements have met the guarantee performance standards for the warranty period following completion
and acceptance of the improvements.
CONSEQUENCE OF NEGATIVE ACTION:
The developer will not receive a refund of his cash deposit, the road improvement agreement and
performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and
closed
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Jocelyn 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Public Works - Finance, Public Works: Construction, Public Works - Engineering Services, Current Planning, Department of Conservation and Development, D. Geist,
Windermere BLC Land Company, LLC , 6111 Bollinger Canyon Road, Suite 550, San Ramon, CA 94583, Fidelity and Deposit Company of Maryland, 777 S. Figueroa Street,
Suite 3900, Los Angeles, CA 90017
C. 8
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Accepting completion of warranty period and release of cash deposit under the Road Improvement Agreement for
RA06-01214, San Ramon
March 29, 2016 Contra Costa County BOS Official Minutes 471
AGENDA ATTACHMENTS
Resolution No. 2016/127
MINUTES ATTACHMENTS
Signed: Resolution No.
2016/127
March 29, 2016 Contra Costa County BOS Official Minutes 472
Recorded at the request of:BOARD OF SUPERVISORS
Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover,
District V Supervisor
NO:
ABSENT:Mary N. Piepho, District III Supervisor
ABSTAIN:
RECUSE:
Resolution No. 2016/127
IN THE MATTER OF accepting completion of warranty period and release of cash deposit.
WHEREAS On August 19, 2008, this Board resolved that the improvements for road acceptance RA06-01214 (cross-reference
subdivision SD95-07976 were completed as provided under the Road Improvement Agreement with Windemere BLC Land
Company, LLC, 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:
PAY $921.44 to the Public Works Department for reimbursement of inspection charges, (Auditor’s Deposit No.468136, Dated
July 31, 2006) taken from the $1,700 cash deposit (per developer’s written permission dated January 28, 2016 and in accordance
with the Road Acceptance).
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 San Ramon will maintain.
BE IT FURTHER RESOLVED that the warranty period has been completed and the Road Improvement Agreement and
performance/maintenance surety bond issued by Fidelity and Deposit Company of Maryland Bond No. 08821793 dated April
17, 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 473
cc: Public Works - Finance, Public Works: Construction, Public Works - Engineering Services, Current Planning, Department of Conservation and
Development, D. Geist, Windermere BLC Land Company, LLC , 6111 Bollinger Canyon Road, Suite 550, San Ramon, CA 94583, Fidelity and Deposit
Company of Maryland, 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017
March 29, 2016 Contra Costa County BOS Official Minutes 474
March 29, 2016Contra Costa County BOS Official Minutes475
RECOMMENDATION(S):
ADOPT Resolution No. 2016/128 approving the fifth extension of the Subdivision Agreement for minor subdivision
MS02-00002, for a project being developed by Lafayette Partners, LLC, as recommended by the Public Works
Director, El Sobrante area. (District I)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The terminal date of the Subdivision Agreement needs to be extended. The developer has not completed the required
improvements and has requested more time. (Approximately 0% of the work has been completed to date.) By
granting an extension, the County will give the developer more time to complete his improvements and keeps the
bond current.
CONSEQUENCE OF NEGATIVE ACTION:
The terminal date of the Subdivision Agreement will not be extended and the developer will be in default of the
agreement, requiring the County to take legal action against the developer and surety to get the improvements
installed, or revert the development to acreage.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Jocelyn A.B. LaRocque, (925)
313-2315
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Public Works - Design/Construction, File, Developers Surety and Indemnity Company, 1771 Cowan, Suite 100, Irvine, CA 92614, Lafayette Partners, LLC 1021 Brown
Avenue Lafayette, CA 94549
C. 9
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Approving the fifth extension of the Subdivision Agreement for minor subdivision MS02-00002, El Sobrante
March 29, 2016 Contra Costa County BOS Official Minutes 476
AGENDA ATTACHMENTS
Resolution No. 2016/128
Subdivision agreement
extension
MINUTES ATTACHMENTS
Signed: Resolution No.
2016/128
March 29, 2016 Contra Costa County BOS Official Minutes 477
Recorded at the request of:BOARD OF SUPERVISORS
Return To:PUBLIC WORKS DEPARTMENT, ENGINEERING SERVICES
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover,
District V Supervisor
NO:
ABSENT:Mary N. Piepho, District III Supervisor
ABSTAIN:
RECUSE:
Resolution No. 2016/128
IN THE MATTER OF approving the fifth extension of the Subdivision Agreement for minor subdivision MS02-00002, for a
project being developed by Lafayette Partners, LLC, as recommended by the Public Works Director, El Sobrante area. (District I)
WHEREAS the Public Works Director having recommended that she be authorized to execute the fifth agreement extension
which extends the Subdivision Agreement between Lafayette Partners, LLC, and the County for construction of certain
improvements in minor subdivision MS02-00002, El Sobrante area, through April 8, 2016;
• APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% • ANTICIPATED DATE OF COMPLETION: 2017
• BOND NO.: 727481S Date: March 14, 2008
• REASON FOR EXTENSION: Owner is pursuing a new subdivision application
NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED.
Contact: Jocelyn A.B. LaRocque, (925) 313-2315
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Public Works - Design/Construction, File, Developers Surety and Indemnity Company, 1771 Cowan, Suite 100, Irvine, CA 92614, Lafayette Partners,
LLC 1021 Brown Avenue Lafayette, CA 94549
March 29, 2016 Contra Costa County BOS Official Minutes 478
March 29, 2016 Contra Costa County BOS Official Minutes 479
March 29, 2016 Contra Costa County BOS Official Minutes 480
March 29, 2016 Contra Costa County BOS Official Minutes 481
March 29, 2016 Contra Costa County BOS Official Minutes 482
March 29, 2016 Contra Costa County BOS Official Minutes 483
March 29, 2016Contra Costa County BOS Official Minutes484
RECOMMENDATION(S):
ADOPT Resolution No. 2016/131 ordering the preparation of an Engineer’s Report and related proceedings for levy
and collection of assessments for Countywide Landscaping District AD 1979-3 (LL-2) Fiscal Year 2016/2017, as
recommended by the Public Works Director, Countywide.
FISCAL IMPACT:
100% Countywide Landscaping District AD 1979-3 (LL-2) Funds.
BACKGROUND:
The proposed assessments for the Countywide Landscaping District 1979-3 (LL-2) are for the purpose of
maintaining existing facilities within the various benefit zones. The existing Countywide Landscaping District
contains thirty (30) zones comprised of frontage and median landscaping, parks and recreational facilities installed
by developers in conformance with their Conditions of Approval.
The Landscaping and Lighting Act of 1972 requires that an updated Engineer’s Report be prepared to set assessment
rates each fiscal year. In addition, any new benefit zones or annexations of additional property
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III Supervisor
Contact: Susan Cohen, Special Districts
(925) 313-2160
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: L. Strobel, R. Campbell, S. Anderson, G. Kramer, J. Francisco, W. Lai, W. Quever, V. Skerritt, J. Duffy, J. Chen
C. 14
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:ADOPT Resolution of Initiation ordering the preparation of an Engineer’s Report for Countywide Landscaping
District AD 1979-3 Fiscal Year 2016/2017
March 29, 2016 Contra Costa County BOS Official Minutes 485
BACKGROUND: (CONT'D)
into an existing benefit zone also require an Engineer’s Report to be generated.
The Fiscal Year 2016/2017 assessments in the Countywide Landscaping District 1979-3 (LL-2) will be based on
information in the Final Engineer’s Report for Fiscal Year 2016/2017 tax roll. Assessments are calculated by
considering all anticipated expenditures for maintenance, utilities and administration. Any excess dollars from
previous fiscal years are carried over to current reports and the assessment amounts are adjusted accordingly. The
assessment rates may or may not change from fiscal year to fiscal year, dependent upon improvements and
maintenance to be performed, and cannot exceed the maximum amount set when the benefit zone was originally
formed, plus an annual cost of living adjustment, if applicable.
The amounts that will be proposed to be assessed for the Fiscal Year 2016/2017 tax year, in accordance with the
Landscaping and Lighting Act of 1972, will be presented in the Preliminary and Final Engineer’s Reports which
will be filed with the Board of Supervisors in May and June 2016, respectively, and a noticed public hearing will
be held.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board of Supervisors’ approval there would be no initiation of the process to prepare the Engineer’s
Report and to assess levies for the Countywide Landscape District AD 1979-3 (LL-2) for Fiscal Year 2016/2017
and thus funds would not be available to maintain the landscaping and other improvements in the landscaping
zones throughout the County.
AGENDA ATTACHMENTS
Resolution No. 2016/131
MINUTES ATTACHMENTS
Signed: Resolution No. 2016/131
March 29, 2016 Contra Costa County BOS Official Minutes 486
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/131
IN THE MATTER OF Resolution No. 2016/131 of Initiation ordering the preparation of an Engineer’s Report for Countywide
Landscaping District AD 1979-3 (LL-2) Fiscal Year 2016/2017, as recommended by the Public Works Director, or designee,
Countywide. (Countywide Landscaping District AD 1979-3 (LL-2))
WHEREAS, the Board of Supervisors of Contra Costa County FINDS THAT:
1. Section 22622 of the California Streets and Highways Code requires the Board of Supervisors to adopt a Resolution of
Initiation generally describing any proposed new improvements or substantial changes in existing improvements to be included in
the determination of the annual assessments levied for any assessment district created under the Landscaping and Lighting Act of
1972, and
2. Section 22622 of the California Streets and Highways Code further requires that the Board of Supervisors order the
preparation of an Engineer’s Report prior to initiating the proceedings to set the annual levy of assessments for any such district.
The Engineer’s Report shall contain 1) plans and specifications for the improvements, 2) estimate of the costs of the
improvements, 3) diagram of the assessment district, and 4) description of the method of spread of the costs of the improvements
to the benefiting parcels.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors ORDERS as follows:
1. The improvements to be made in the assessment district are generally described as the operation, maintenance and servicing of
frontage and median landscaping, parks and recreational facilities, within street rights of way and other public areas; and
2. The Engineer of Work for the Contra Costa County Countywide Landscaping District 1979-3 (LL-2) is hereby directed to file
an Engineer’s Report in accordance with the provisions of the Landscaping and Lighting Act of 1972.
Contact: Susan Cohen, Special Districts (925)
313-2160
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the
date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: L. Strobel, R. Campbell, S. Anderson, G. Kramer, J. Francisco, W. Lai, W. Quever, V. Skerritt, J. Duffy, J. Chen
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 487
March 29, 2016Contra Costa County BOS Official Minutes488
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar
rental agreement with Sean McLellan for a T-hangar at Buchanan Field Airport effective March 10, 2016 in
the monthly amount of $394.10, Pacheco area.
FISCAL IMPACT:
The Airport Enterprise Fund will realize $4,729.20 annually.
BACKGROUND:
On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Beth Lee, (925) 681-4200
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Keith Freitas, Airports Director
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with
Buchanan Field Airport Hangar tenant
March 29, 2016 Contra Costa County BOS Official Minutes 489
BACKGROUND: (CONT'D)
lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft
shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible for the maintenance and
property management of the property during that 30-year period.
On September 1, 2000, the County obtained ownership of the aircraft hangars and shelters, pursuant to the terms
of the above lease.
On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease
Agreement for use with the larger East Ramp Hangars.
On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease
Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar
Lease Agreement will be used to enter into this aircraft rental agreement.
CONSEQUENCE OF NEGATIVE ACTION:
A negative action will cause a loss of revenue to the Airport Enterprise Fund.
ATTACHMENTS
Sean McLellan Hangar Agreement
March 29, 2016 Contra Costa County BOS Official Minutes 490
March 29, 2016 Contra Costa County BOS Official Minutes 491
March 29, 2016 Contra Costa County BOS Official Minutes 492
RECOMMENDATION(S):
AUTHORIZE the Director of Airports, or designee, to negotiate a ground lease and development terms between the
County, as Landlord, and Montecito Aviation Group, as the developer, for approximately 3 acres of land on the
northeast corner of Marsh Drive and Sally Ride Drive at the Buchanan Field Airport, Pacheco Area
FISCAL IMPACT:
There is no negative impact on the General Fund. The Airport Enterprise Fund could realize lease and other revenues.
The County General Fund could realize sales tax and other revenues if a lease is successfully negotiated.
BACKGROUND:
The development site is approximately 3 acres of land owned by the County and located on the northeast corner of
Marsh Drive and Sally Ride Drive on the west side of Buchanan Field Airport. The parcel is designated for
non-aviation use on the Buchanan Field Master Plan.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Beth Lee, (925) 681-4200
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Keith Freitas, Airports Director
Date:March 29, 2016
Contra
Costa
County
Subject:CCC Airports-Authorization to Negotiate Ground Lease & Development Terms for Approx. 3 Acres of
County-Owned Land at the Buchanan Field Airport
March 29, 2016 Contra Costa County BOS Official Minutes 493
BACKGROUND: (CONT'D)
On December 8, 2015, the Contra Costa County Public Works – Airports Division received a letter of interest
from a private party to develop an industrial business park use on the approximate 3 acre parcel.
In accordance with prior discussions with the Federal Aviation Administration’s (FAA) Airports District Office
(ADO) regarding development at Buchanan Field, the County notified existing commercial tenants at Buchanan
Field and Byron to solicit other competitive interest in the property. The development solicitation letter and
publication provided a response deadline of January 14, 2016, for all competitive interests in the approximate 3
acre parcel to be submitted to the County Airport Office. The County did not receive any additional letters of
interest to develop this property.
Consistent with the master developer selection process that was approved by the Board of Supervisors on May 23,
2006, projects without a competitive interest are to proceed with the traditional environmental review and lease
development processes. The industrial business park development project will be presented to the Aviation
Advisory Committee, the Airport Committee, and any other party as deemed relevant to enhance community
relations and collaborative relationships.
Development of this 3 acre vacant parcel for business park use would expand economic development activity at
Buchanan Field Airport and lead to increased revenues to the Airport Enterprise Fund. This development will also
facilitate the growth and development as identified in the adopted Buchanan Field Airport Master Plan. A
business proposal must be consistent with the Airport Master Plan and General Plan for consideration.
Unless and until a final lease agreement is fully executed by all parties, this Board Order, any draft lease
agreement, other communications or conduct of the parties shall have absolutely no legal effect, may not be used
to impose any legally binding obligation on the County and may not be used as evidence of any oral or implied
agreement between the parties or as evidence of the terms and conditions of any implied agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Delay in initiating the developer selection process will result in a delay of developing vacant land at Buchanan
Field Airport and may negatively impact the Airport Enterprise Fund and County General Fund.
ATTACHMENTS
3 Acre Parcel Map
March 29, 2016 Contra Costa County BOS Official Minutes 494
March 29, 2016 Contra Costa County BOS Official Minutes 495
RECOMMENDATION(S):
Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE and AUTHORIZE
the Fire Chief, or designee, to execute a contract with Cascade Healthcare Services, LLC doing business as Cascade
Training Center in an amount not to exceed $130,000 for emergency medical services training for first responder
personnel for the period March 1, 2016 to February 28, 2017.
FISCAL IMPACT:
Budgeted in FY 2015-16 and 2016-17; 100% Special District Operating Fund
BACKGROUND:
The Contra Costa County Fire Protection District (District) provides fire, rescue, and emergency medical incident
response services within its approximate 300 square mile service area. All District first responders (firefighters, fire
engineers, and fire captains) are licensed as either basic Emergency Medical Technicians (EMTs) or Paramedics. As
such, the District has a significant responsibility to ensure its personnel obtain required continuing education hours
and infrequent skills verification to renew and re-certify their EMT and Paramedic licenses. Contracting
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Bob Atlas, Asst Fire Chief (925)
941-3509
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 10
To:Contra Costa County Fire Protection District Board of Directors
From:Jeff Carman, Chief, Contra Costa County Fire Protection District
Date:March 29, 2016
Contra
Costa
County
Subject:Contract for EMS Continuing Education
March 29, 2016 Contra Costa County BOS Official Minutes 496
BACKGROUND: (CONT'D)
for these services is less costly than paying course fees and overtime for personnel to attend required certification
courses on non-duty days.
Cascade Healthcare Services provides on-site, on-duty continuing education and infrequent skill verification. Along
with providing all required certification training, under this contract the District has expanded access to a wide
variety of required and optional training by professional instructors. Cascade also maintains records of continuing
education hours and certifications for District personnel.
CONSEQUENCE OF NEGATIVE ACTION:
The District is required ensure its EMS personnel obtain a certain number of continuing education hours and
infrequent skills verification to renew and recertify their paramedic and EMT licenses. If this contract is not
approved, the District will have to obtain other education providers and/or pay overtime and reimbursement for
course fees for employees to obtain the training on their own.
CHILDREN'S IMPACT STATEMENT:
No impact.
March 29, 2016 Contra Costa County BOS Official Minutes 497
RECOMMENDATION(S):
DENY claims filed by James, Matthew, Bailey, Hillary and Paige Butler, Mackenzie Crane, Cole Kearney, Zoila
Lopez, Seyed-Omid Mousavirad, United Services Automobile Association, Lucher Verano, and Viking Client
Services on behalf of The Hertz corporation. DENY Application to File Late Claim Claimant for Keith Lucia & Mary
Sue Lucia on behalf of The Estate of Megan Nicole Lucia.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
*
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Joellen Balbas
925-335-1906
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 15
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:claims
March 29, 2016 Contra Costa County BOS Official Minutes 498
RECOMMENDATION(S):
APPROVE Board meeting minutes for February 2016, 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: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Joellen Balbas
925.335.1906
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 16
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE the Board Meeting minutes for February 2016
March 29, 2016 Contra Costa County BOS Official Minutes 499
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Kathy O'Connell
925-335-8370
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 18
To:Board of Supervisors
From:Beth Ward, Animal Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Resolution recognizing the Maddies' Fund support of animal welfare in Contra Costa County
March 29, 2016 Contra Costa County BOS Official Minutes 500
AGENDA ATTACHMENTS
Resolution No. 2016/145
MINUTES ATTACHMENTS
Signed Resolution No.
2016/145
March 29, 2016 Contra Costa County BOS Official Minutes 501
In the matter of:Resolution No. 2016/145
Recognizing Maddies' Fund for their generosity and financial support of the Animal Services Department for the past
eleven years
WHEREAS Maddie's Fund has generously granted financial support over the past eleven years to the
Animal Services Department; and,
WHEREAS the Animal Services Department has been a Maddies' Fund grant recipient since 2005; and,
WHEREAS the Animal Services Department has been a participant in the Maddies' Fund Adopt-a-thon
since 2010, where Maddies Fund donates specific funds for every animal adopted over a specified
weekend; and,
WHEREAS grant monies from Maddies Fund have supplemented the Animal Services Animal Benefit
Fund which is used to enhance the care and well-being of animals in the County's shelters and to provide
special humane welfare and educational programs for the residents of Contra Costa County; and
WHEREAS Maddies Fund has granted an additional $130,000.00 to the Animal Services Department to
establish a five-year strategic plan for the Department, to improve animal housing and to support the
Department's programming that increases live release rate outcomes.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors recognizes the generosity and financial support of
Maddies' Fund for the past eleven years which support has enhanced the care and well-being of animals in the County's shelters
and has provided special humane welfare and education programs for the residents of 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: March 29, 2016
David J. Twa,
By: ____________________________________, Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 502
PR.3, C.18
March 29, 2016 Contra Costa County BOS Official Minutes 503
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Kate Rauch 510-231-8691
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 17
To:Board of Supervisors
From:John Gioia, District I Supervisor
Date:March 29, 2016
Contra
Costa
County
Subject:Honoring the Contra Costa Medical Centers and Behavioral Health as National Leaders in LGBT Healthcare Equality.
March 29, 2016 Contra Costa County BOS Official Minutes 504
AGENDA ATTACHMENTS
Resolution No. 2016/114
MINUTES ATTACHMENTS
Signed Resolution No.
2016/114
March 29, 2016 Contra Costa County BOS Official Minutes 505
In the matter of:Resolution No. 2016/114
Honoring the Contra Costa Regional Medical Centers and the Behavioral Health Division on the prestigious designation
as Leader in Lesbian, Gay, Bisexual and Transgender Healthcare Equality Index for the years of 2015 and 2016 by the
Human Rights Campaign, the largest LGBT advocacy organization in the United States.
Whereas, Sylvia Mathews Burwell, U.S. Secretary of Health and Human Services, recognized the
Healthcare Equality Index (HEI) as an important tool for ensuring that LGBT people are treated with
respect and quality, appropriate care in healthcare settings; and
Whereas, Lambda Legal’s 2010 study, “When Health Care Isn’t Caring,” found that 73% of transgender
respondents and 29% of lesbian, gay and bisexual respondents still reported that they believe they will be
treated poorly by medical staff just because of their LGBT status; and
Whereas, in the 2011 National Transgender Discrimination Survey, 41% of respondents reported attempting
suicide compared to 1.6% of the general population, and yet 28% of transgender respondents were subjected
to harassment in medical settings with 50% reporting that they teach their medical providers about
transgender health care; and
Whereas, more same-sex families are identifying themselves to the US Census with Contra Costa County
ranked as 15th in the state’s 58 counties with the most same-sex couples per capita, according to the 2010
US Census; and
Whereas, Contra Costa Health Services started the LGBT Pride Initiative in 2009 to improve inclusion,
visibility and sensitivity to LGBT patients, clients and staff; and
Whereas, through the Pride Initiative, the Contra Costa Regional Medical Center and Behavioral Health
Division met all Core Four criteria to obtain the status of national Leader for LGBT patient-centered care
including inclusive foundational policies and related training: the Welcoming policy, Non-discrimination
policy, a transgender rooming policy for Alcohol and Other drugs, and trainings including a Transgender
Primary Care Symposium as well as trainings for medical and behavioral health staff throughout the
County’s clinics, hospitals and other facilities on LGBT health issues and inclusion; and
Whereas, for 2015 and 2016, Contra Costa Regional Medical Center and Clinics are one out of 15 County
facilities nationwide to obtain the Leader designation, and the only outpatient/inpatient Behavioral Health
Division in the United States with the Leader designation; and
Whereas, all senior leadership and staff at Contra Costa Regional Medical Centers and Behavioral Health
Division participated in trainings on LGBT patient-centered care; and
Whereas, the HEI Core Four criteria also ensures compliance for the Contra Costa Regional Medical
Centers with legal, CMS and Joint Commission requirements.
Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County accepts the designation of Leader in
LGBT Healthcare Equality for the Contra Costa Regional Medical Centers and Behavioral Health Division and honors all
employees and community partners on their efforts at earning this prestigious achievement.
___________________
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: March 29, 2016
March 29, 2016 Contra Costa County BOS Official Minutes 506
David J. Twa,
By: ____________________________________, Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 507
PR.1, C.17
March 29, 2016 Contra Costa County BOS Official Minutes 508
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 20
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:PRESENTATION honoring Chief Assistant CAO Theresa Speiker on the occasion of her resignation from Contra
Costa County
March 29, 2016 Contra Costa County BOS Official Minutes 509
AGENDA ATTACHMENTS
Resolution No. 2016/148
MINUTES ATTACHMENTS
Signed Resolution No.
2016/148
March 29, 2016 Contra Costa County BOS Official Minutes 510
In the matter of:Resolution No. 2016/148
HONORING CHIEF ASSISTANT COUNTY ADMINISTRATOR THERESA SPEIKER UPON THE COMPLETION
OF HER EMPLOYMENT WITH CONTRA COSTA COUNTY
WHEREAS, Theresa (known to her colleagues as “Terry”) Speiker has made a successful and meaningful
contribution to Contra Costa County as Chief Assistant County Administrator since she was appointed to
her position in 2010 by County Administrator David Twa; and
WHEREAS, Terry began her career in public service in the field of social services, with a calling to help the
less fortunate among us, and served in the State of Minnesota Department of Human Services as well as the
Ramsey County Department of Social Services before coming to Contra Costa County; and
WHEREAS, Terry served in many capacities during her tenure with Contra Costa County, notably as the
interim County Welfare Director and the interim Director of Employment and Human Services in 2012; and
WHEREAS, throughout her time with Contra Costa County, Terry was a critical resource to new Department
Heads, providing counseling and support to the Director of the Library, the Communications and Media
Director and, most recently, to the new Animal Services Director; and,
WHEREAS, Terry also made important contributions to high-profile projects affecting the Health Services
and Employment and Human Services Departments, including helping to guide the County through the
Hospital Operations Study and her work with the Human Resources Department and County Departments
on the implementation of the Affordable Care Act (ACA); and
WHEREAS, Terry also contributed to operational improvements in the Clerk of the Board’s office and
directed the remodeling/updating of the communication system in the Board of Supervisors Chambers; and
WHEREAS, during her time with the County, Terry maintained her active involvement and engagement in
the National Association of Counties (NACo) Human Services Steering Committee, representing the
County at the Committee meetings in Washington, D.C.; and
WHEREAS, the Contra Costa County Administrator’s Office has been most fortunate to have had a person
of her talents and dedication on staff.
NOW, THEREFORE, IT IS BY THE BOARD RESOLVED that Theresa Speiker be recognized for her many significant
contributions to Contra Costa County and receive the Board's best wishes for her future endeavors.
___________________
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: March 29, 2016
March 29, 2016 Contra Costa County BOS Official Minutes 511
David J. Twa,
By: ____________________________________, Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 512
PR.2, C.20
March 29, 2016 Contra Costa County BOS Official Minutes 513
RECOMMENDATION(S):
ADOPT Resolution recognizing the one-year anniversary of the Central County Family Justice
Center.
BACKGROUND:
The one-year anniversary of the Central County Family Justice Center will occur in March 2016
and will be celebrated at an event on April 7th, 2016.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Lindy Lavender
925-521-7100
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 19
To:Board of Supervisors
From:Karen Mitchoff, District IV Supervisor
Date:March 29, 2016
Contra
Costa
County
Subject:Recognizing the First Anniversary of the Central County Family Justice Center
March 29, 2016 Contra Costa County BOS Official Minutes 514
AGENDA ATTACHMENTS
Resolution No. 2016/144
MINUTES ATTACHMENTS
Signed Resolution No.
2016/144
March 29, 2016 Contra Costa County BOS Official Minutes 515
In the matter of:Resolution No. 2016/144
Recognizing the one-year anniversary of the Central County Family Justice Center
WHEREAS, interpersonal violence, defined as domestic violence, sexual assault, elder abuse, child abuse,
and human trafficking, are costly, both in human and organizational terms. The results of this violence and
abuse are detrimental to our community; and
WHEREAS, in an effort to curb the presence of interpersonal violence in our communities, planning for a
Family Justice Center located in Central County began in 2013 through the dedication and commitment of
local leaders, County departments, community based agencies, and community members; and
WHEREAS, in September 2014, the County adopted the Family Justice Center as a best practice approach
in interrupting intergenerational cycles of violence and abuse in Contra Costa County; and
WHEREAS, the Central County Family Justice Center held its grand opening on March 19, 2015 in
Concord, making it the second Family Justice Center in Contra Costa County; and
WHEREAS, the Family Justice Center brings multiple agencies together under one umbrella to coordinate
and provide services to victims of interpersonal violence, their families, youth and those otherwise affected;
and
WHEREAS, since its inception the Central County Family Justice Center has worked to create vibrant
community free from coercion and fear; and
WHEREAS, in its first year the Central County Family Justice Center served more than 575 unduplicated
clients with 458 children.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Contra Costa County does hereby recognize the
one-year anniversary of the Central County Family Justice Center and urges all residents to participate in the efforts to end
violence in our homes, in our schools, and in our communities.
___________________
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: March 29, 2016
David J. Twa,
By: ____________________________________, Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 516
C.19
March 29, 2016 Contra Costa County BOS Official Minutes 517
RECOMMENDATION(S):
ADOPT Resolution No. 2016/119 recognizing the 2016 Youth Hall of Fame honorees of the 23rd Annual Cesar E.
Chavez Commemorative Celebration, as recommended by the Cesar Chavez Committee.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Barbara Riveira,
925-335-1018
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 21
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:Resolution Recognizing 2016 Youth Hall of Fame Honorees for the 23rd Annual Cesar E. Chavez Commemorative
Celebration
March 29, 2016 Contra Costa County BOS Official Minutes 518
AGENDA ATTACHMENTS
Resolution No. 2016/119
MINUTES ATTACHMENTS
Signed Resolution No.
2016/119
March 29, 2016 Contra Costa County BOS Official Minutes 519
In the matter of:Resolution No. 2016/119
Honoring the 2016 Youth Hall of Fame Honorees at the 23rd Annual Cesar E. Chavez Commemorative Celebration
WHEREAS, in 1994, the Board of Supervisors of Contra Costa County, California established the Youth
Hall of Fame to recognize students and adults who make valuable contributions to our communities; and
WHEREAS, several nominations were received and reviewed by the Cesar E. Chavez Commemorative
Celebration Committee.
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors does hereby
recognize, honor, and congratulate the following individuals as the winners of the 2016 Youth Hall of
Fame Awards:
Daisy Poblano - Age 17, 12th Grade, Freedom High School for Good Samaritan: Representing youth who go
out of their way to do good without getting recognition.
Lauren Furman - Age 18, 12th grade, Monte Vista High School for Artiste: Representing youth who use
their musical, literary, or artistic talent to benefit the school or community.
Fadua “Kimmy” Quemblie Farjat - Age 18, 12th Grade, College Park High School for Valiant Volunteer:
Representing youth who give their time and energy to a worthy cause or organization.
Frank McNulty Bedde IV - Age 14, 9th Grade, Freedom High School for Sports Leadership: Representing
youth who work unselfishly for the good of the team.
Lindsey Parnas - Age 18, 12th Grade, San Ramon Valley High School for School Leadership - Representing
youth who exhibit outstanding school pride and who lend a helping hand for the good of the school.
Christopher Hou - Age 16, 11th Grade, Monte Vista High School for the Cesar E. Chavez Outstanding Youth
Honoree - Representing youth who have demonstrated the qualities of a youth leader as a Good Samaritan,
Valiant Volunteer, School Leadership, Sports Leadership and Artiste, and has identified and solved a need
in the 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: March 29, 2016
David J. Twa,
By: ____________________________________, Deputy
March 29, 2016 Contra Costa County BOS Official Minutes 520
C.21
March 29, 2016 Contra Costa County BOS Official Minutes 521
RECOMMENDATION(S):
INTRODUCE Ordinance No. 2016-09 amending the County Ordinance code to remove certain classes from the
Information technology and Health-Medical groups of job classifications that are excluded from the Merit System
and reorder the exempt classifications in the Health-Medical group; WAIVE reading, and FIX April 12, 2016 for
adoption.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Attached is Ordinance No. 2016-09 amending Sections 33-5.313 and 33-5.359 of the Contra Costa County Ordinance
Code to remove the exempt classifications of Alcohol and Other Drugs Services Director-Exempt, Deputy
Director/Chief Information Security Officer, and Deputy Chief Information Officer-Geographic Information System
from the list of classifications excluded from the Merit System. Due to the large number of classifications that are
exempt in Section 33-5.313, we also reordered the remaining classifications into categories for ease of future
reference and revision.
Adoption of the ordinance will bring the County Ordinance Code up to date with actions previously taken by the
Board of Supervisors to abolish the three subject job classifications. For reference, Position Adjustment Resolution
21662, adopted June 9, 2015, abolished the class of Alcohol and Other Drugs Services Director-Exempt; and
Position Adjustment Resolution 21817, adopted February 9, 2016, abolished the classes of Deputy Director/Chief
Information Security Officer and Deputy Chief Information Officer-Geographic Information System.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Human Resources Dept
C. 22
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:INTRODUCTION OF ORDINANCE 2016-09 TO UPDATE JOB CLASSES THAT ARE EXEMPT FROM MERIT
SYSTEM
March 29, 2016 Contra Costa County BOS Official Minutes 522
March 29, 2016 Contra Costa County BOS Official Minutes 523
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the ordinance code will not be current and will reference job classes that have been abolished.
ATTACHMENTS
Ordinance No. 2016-09 - Exempt Job Classes
March 29, 2016 Contra Costa County BOS Official Minutes 524
March 29, 2016Contra Costa County BOS Official Minutes525
March 29, 2016Contra Costa County BOS Official Minutes526
March 29, 2016Contra Costa County BOS Official Minutes527
March 29, 2016Contra Costa County BOS Official Minutes528
RECOMMENDATION(S):
1. ADOPT Resolution No. 2016/129, initiating proceedings for the formation of a new zone, Zone 212, within County
Service Area P-6, in the Bay Point area of the county.
2. FIX a public hearing for April 26, 2016, at 9:30 a.m., on the formation of Zone 212 within County Service Area
P-6.
3. FIX a public hearing for April 26, 2016, at 9:30 a.m., to consider the adoption of Ordinance 2016-07, which would
authorize the levy of a special tax to augment funding for police protection services in proposed Zone 212, and to
authorize submission of the ordinance to the voters for approval at the June 28, 2016, election.
FISCAL IMPACT:
The cost of establishing the proposed Police Services Special Tax District is paid for by the developer of the
subdivision.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:Resolution of Intention to Form Zone 212 of County Service Area P-6 in the Bay Point Area
March 29, 2016 Contra Costa County BOS Official Minutes 529
BACKGROUND:
Per the conditions of approval for Subdivision 9352 (County File #SD13-9352), the developer of the property
identified as East of Driftwood Drive between Port Chicago Highway and Pacifica Avenue in the Bay Point area
of the County is required to establish a Special Police Services Tax District for the 50-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 Bay Point area of the County.
Adoption of a resolution of intent to form a new tax district (Resolution No. 2016/129) 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 June 28, 2016
election. 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 April 26, 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 three parcels, which total approximately
7.52 acres and are owned by Civic Property Group, Inc., 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. 2016-07, pertaining to the proposed levy of a
special tax on the subject parcel within Zone 212 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 April 26, 2016, immediately following the hearing on the zone formation. If the Board
thereafter adopts Ordinance 2016-07, then the tax measure would be submitted for placement on a June 28, 2016
ballot.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve this item, then Ordinance No. 2016-07 will not be adopted and formation of Special
Tax Zone 212 will not occur, and the Special Tax District will not be established at the April 26, 2016, hearing.
ATTACHMENTS
Resolution No. 2016/129
Exhibit A - Legal Description
Exhibit B - Survey Map
March 29, 2016 Contra Costa County BOS Official Minutes 530
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/129
RESOLUTION OF INTENTION TO FORM ZONE 212 OF COUNTY SERVICE AREA P-6 IN THE BAY POINT 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 Bay Point 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 212 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 212" of CSA P-6.
At 9:30 a.m. on April 26, 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 212 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 to 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 531
March 29, 2016 Contra Costa County BOS Official Minutes 532
March 29, 2016 Contra Costa County BOS Official Minutes 533
March 29, 2016 Contra Costa County BOS Official Minutes 534
RECOMMENDATION(S):
ACCEPT resignation of David Kahler, DECLARE a vacancy in the District IV At-Large seat on
the Mental Health Commission vacant, and DIRECT the Clerk of the Board to post the vacancy.
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: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Lisa Chow, (925) 521-7100
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 27
To:Board of Supervisors
From:Karen Mitchoff, District IV Supervisor
Date:March 29, 2016
Contra
Costa
County
Subject:ACCEPT resignation of David Kahler, DECLARE the District IV At-Large seat on the Mental Health Commission
March 29, 2016 Contra Costa County BOS Official Minutes 535
BACKGROUND: (CONT'D)
The Commissioner notified Supervisor Mitchoff of his resignation to the Commission effective March 11, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
The seat will remain vacant.
CHILDREN'S IMPACT STATEMENT:
None.
AGENDA ATTACHMENTS
MINUTES ATTACHMENTS
Vacancy Notice
March 29, 2016 Contra Costa County BOS Official Minutes 536
March 29, 2016Contra Costa County BOS Official Minutes537
RECOMMENDATION(S):
ACCEPT the resignation of Mr. Richard SanVicente, DECLARE vacant the Advisory Council on Aging, Member At
Large Seat #1, and DIRECT the Clerk of the Board to post the vacancy as recommended by the Employment and
Human Services Department Director.
FISCAL IMPACT:
None.
BACKGROUND:
Mr. SanVicente resigned June 14, 2015. He was appointed to the Advisory Council on Aging, Member At Large,
Seat #1, May 22, 2007. The seat appointment will expire September 30, 2017.
The Advisory Council on Aging (ACOA) provides a means for county-wide planning, cooperation, and coordination
for individuals and groups interested in improving and developing services and opportunities for older residents of
the county. The ACOA provides leadership and advocacy on behalf of older persons and serves as a channel of
communication and information on aging.
CONSEQUENCE OF NEGATIVE ACTION:
The Advisory Council on Aging may not be able to conduct routine business.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Advisory Council on Aging Resignation
March 29, 2016 Contra Costa County BOS Official Minutes 538
CHILDREN'S IMPACT STATEMENT:
Not applicable.
AGENDA ATTACHMENTS
MINUTES ATTACHMENTS
Vacancy Notice
March 29, 2016 Contra Costa County BOS Official Minutes 539
March 29, 2016Contra Costa County BOS Official Minutes540
RECOMMENDATION(S):
APPOINT Devlyn Sewell to the Private/Non-Profit seat No. 5 on the Economic Opportunity Council, with a term end
date of June 30, 2019, as recommended by the Employment and Human Services Director.
FISCAL IMPACT:
None.
BACKGROUND:
This board order seeks to appoint Ms. Sewell for the remainder of the term, ending June 30, 2019, to
Private/Non-profit Sector Seat No. 5 of the Economic Opportunity Council (EOC). The seat was vacated on February
11, 2016 upon the resignation of Uche Uwahemu. The EOC approved Ms. Sewell's appointment on March 10, 2016.
Ms. Sewell lives in Concord, California 94521.
CONSEQUENCE OF NEGATIVE ACTION:
The Economic Opportunity Council will be unable to conduct routine business.
CHILDREN'S IMPACT STATEMENT:
None.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: CSB (925) 681-6304
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Nancy Sparks, Christina Reich, Cassandra Youngblood
C. 32
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:APPOINT Devlyn Sewell to Private/Non-profit Seat No. 5 of the Economic Opportunity Council
March 29, 2016 Contra Costa County BOS Official Minutes 541
RECOMMENDATION(S):
APPOINT Lesley Belcher to the Appointee 1 seat and REAPPOINT Richard Knee to the Appointee 5 seat on the
Discovery Bay P-6 Citizen Advisory Committee for a term expiring December 31, 2017, as recommended by
Supervisor Mary Nejedly Piepho.
FISCAL IMPACT:
None.
BACKGROUND:
The Appointee 1 and 5 seats expired December 31, 2015. Applications were accepted and the recommendation to
appoint the above individuals was then determined.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 29
To:Board of Supervisors
From:Mary N. Piepho, District III Supervisor
Date:March 29, 2016
Contra
Costa
County
Subject:APPOINTMENT TO DISCOVERY BAY P-6 CITIZEN ADVISORY COMMITTEE
March 29, 2016 Contra Costa County BOS Official Minutes 542
CLERK'S ADDENDUM
CORRECTED to READ: APPOINT Lesley Belcher to the Appointee 1 seat and REAPPOINT Richard Kane Knee
to the Appointee 5 seat on the Discovery Bay P-6 Citizen Advisory Committee, as recommended by Supervisor
Piepho.
March 29, 2016 Contra Costa County BOS Official Minutes 543
RECOMMENDATION(S):
REAPPOINT Sydney Anderson to the District III seat on the In-Home Supportive Services Advisory Committee
with a term expiring March 6, 2020, as recommended by Supervisor Mary Nejedly Piepho.
Sydney Anderson
P.O. Box 1805
Bethel Island, CA 94511
FISCAL IMPACT:
None.
BACKGROUND:
The District III seat term expired March 6, 2016. Applications were accepted and the recommendation to reappoint
the above individual was then determined.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 30
To:Board of Supervisors
From:Mary N. Piepho, District III Supervisor
Date:March 29, 2016
Contra
Costa
County
Subject:APPOINTMENT TO IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE
March 29, 2016 Contra Costa County BOS Official Minutes 544
RECOMMENDATION(S):
APPOINT the following individuals, Mark Ross for City Seat #2 and APPOINT Rich Kinney as the City Seat #2
Alternate on the Hazardous Materials Commission, to a four year-term ending December 31, 2019.
FISCAL IMPACT:
No impact.
Mark Ross Rich Kinney
City of Martinez Mayor of San Pablo
PO Box 51 13831 San Pablo Avenue
Martinez, CA 94553-0005 San Pablo, CA 94806
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Michael Kent, (925)
313-6587
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Michael Kent, Tasha Scott, Marcy Wilhelm
C. 28
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Appointment to the Hazardous Materials Commission
March 29, 2016 Contra Costa County BOS Official Minutes 545
BACKGROUND:
The Hazardous Materials Commission was established in 1986 to advise the Board, County staff, the mayor’s council
members, and staff of the cities within the County, on issues related to the development, approval and administration
of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a
hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous
materials release response plan and inventory program, and to analyze and develop recommendations regarding
hazardous materials issues with consideration to broad public input, and report back to the Board on Board referrals.
The bylaws of the Commission provide that two representatives of cities be appointed by the City Selection
Committee pursuant to Article II (50270 et Seq.) of Chapter 1, Part 1 of Division I of Title 5 of the Government Code.
CONSEQUENCE OF NEGATIVE ACTION:
Not Applicable.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 546
RECOMMENDATION(S):
RE-APPOINT Wilson Cheng to the Consumer Under 60 - Seat 1 and Catherine Cratty to the Consumer 60 or Older -
Seat 2 on the In-Home Supportive Services Public Authority Advisory Committee for terms expiring March 6, 2020,
as recommended by the Family and Human Services Committee.
FISCAL IMPACT:
None.
BACKGROUND:
The Board established the In-Home Supportive Services (IHSS) Public Authority Advisory Committee in March
1998. In April 1999, the Board of Supervisors accepted and approved the IHSS Public Authority Implementation
Team Findings and Recommendations, including recommendations regarding Advisory Committee membership
criteria. In March 2001, the Board approved amendments to the membership criteria.
As amended, the Advisory Committee consists of 11 members: 4 Consumers aged 60 or older, 2 Consumers aged
under 60, and one member from each Supervisorial District. Under Board policy, the FHS would typically review
only general membership or “At-Large” seats, and would not review appointments to supervisorial district seats.
However, when the Advisory Committee was originally established, the Board of Supervisors directed that the FHS
review and coordinate supervisorial district appointments to ensure that none of the following categories has more
than one representative: senior advocate, advocate for younger disabled, representative
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Enid Mendoza 355-1039
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: March 29, 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:FAMILY & HUMAN SERVICES COMMITTEE
Date:March 29, 2016
Contra
Costa
County
Subject:Appointments to In-Home Supportive Services Public Authority (IHSS) Advisory Committee
March 29, 2016 Contra Costa County BOS Official Minutes 547
BACKGROUND: (CONT'D)
from the developmental disability community, IHSS individual provider, IHSS family provider, social worker,
nurse, community-based organization, home health agency.
Terms of appointment are four years.
On March 14, 2016 the Family and Human Services Committee reviewed the applications and recommends these
appointments to the Board of Supervisors.
CONSEQUENCE OF NEGATIVE ACTION:
Members will be unable to continue to serve.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Memo to FHS and Candidate Applications
March 29, 2016 Contra Costa County BOS Official Minutes 548
March 29, 2016Contra Costa County BOS Official Minutes549
March 29, 2016Contra Costa County BOS Official Minutes550
March 29, 2016Contra Costa County BOS Official Minutes551
March 29, 2016Contra Costa County BOS Official Minutes552
March 29, 2016Contra Costa County BOS Official Minutes553
March 29, 2016Contra Costa County BOS Official Minutes554
March 29, 2016Contra Costa County BOS Official Minutes555
March 29, 2016Contra Costa County BOS Official Minutes556
March 29, 2016Contra Costa County BOS Official Minutes557
March 29, 2016Contra Costa County BOS Official Minutes558
March 29, 2016Contra Costa County BOS Official Minutes559
March 29, 2016Contra Costa County BOS Official Minutes560
March 29, 2016Contra Costa County BOS Official Minutes561
March 29, 2016Contra Costa County BOS Official Minutes562
RECOMMENDATION(S):
APPOINT Mary Flott to At-Large Seat 1, Nora Foster to At-Large Seat 5, and Karin Kauzer to the School
Representative seat on the Family and Children's Trust (FACT) Committee as recommended by the Family and
Human Services Committee.
FISCAL IMPACT:
None.
BACKGROUND:
The Family and Children's Trust (FACT) Committee was established to set priorities and make funding
recommendations to the Board of Supervisors on the allocation of specific funds for the prevention/amelioration of
child abuse and neglect, and the promotion of positive family functioning. These funds include: Child Abuse
Prevention, Intervention, and Treatment funds (CAPIT) funds, (AB 1733), Birth Certificate revenue to the County
Children’s Trust (AB2994), the Ann Adler Children’s Trust funds, Community-Based Child Abuse Prevention funds
(CBCAP) and other funds as may be subsequently directed by the Board of Supervisors.
The FACT Committee also provides information and data to the Employment and Human Services Department on
the effectiveness of current and proposed programs for families and children and on recent or pending legislation that
would potentially impact family and children’s services programs, clients, or funding mechanisms.
Mary Flott to At-Large
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Enid Mendoza, (925)
335-1039
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:FAMILY & HUMAN SERVICES COMMITTEE
Date:March 29, 2016
Contra
Costa
County
Subject:Appointments to the Family and Children's Trust Committee
March 29, 2016 Contra Costa County BOS Official Minutes 563
BACKGROUND: (CONT'D)
Seat 1, has a term ending September 30, 2016;
Nora Foster to At-Large Seat 5 has a term ending September 30, 2016; and,
Karin Kauzer to the School Representative seat has a term ending September 30, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
Committee member will not be able to begin their term.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
FACT Applications
March 29, 2016 Contra Costa County BOS Official Minutes 564
March 29, 2016Contra Costa County BOS Official Minutes565
March 29, 2016Contra Costa County BOS Official Minutes566
March 29, 2016Contra Costa County BOS Official Minutes567
March 29, 2016Contra Costa County BOS Official Minutes568
March 29, 2016Contra Costa County BOS Official Minutes569
March 29, 2016Contra Costa County BOS Official Minutes570
March 29, 2016Contra Costa County BOS Official Minutes571
March 29, 2016Contra Costa County BOS Official Minutes572
March 29, 2016Contra Costa County BOS Official Minutes573
March 29, 2016Contra Costa County BOS Official Minutes574
March 29, 2016Contra Costa County BOS Official Minutes575
RECOMMENDATION(S):
ACCEPT resignation of Devlyn Sewell, DECLARE a vacancy in the Economic Opportunity Council Low Income
Alternate Seat, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment &
Human Services Director.
FISCAL IMPACT:
None
BACKGROUND:
Ms. Sewell was appointed to Low Income Alternate Seat on November 3, 2015 to finish a term with an end date of
June 30, 2016. She submitted her resignation from the Low Income Alternate seat on March 10, 2016 in order to seek
appointment to the Economic Opportunity Council Private / Non-profit Sector Seat No. 5.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the Economic Opportunity will not be able to fill the vacancy.
CHILDREN'S IMPACT STATEMENT:
None
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: CSB (925) 681-6308
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Nancy Sparks, Christina Reich, Cassandra Youngblood
C. 31
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:DECLARE vacant Low Income Alternate seat on the Economic Opportunity Council
March 29, 2016 Contra Costa County BOS Official Minutes 576
AGENDA
ATTACHMENTS
MINUTES
ATTACHMENTS
Vacancy Notice
March 29, 2016 Contra Costa County BOS Official Minutes 577
March 29, 2016Contra Costa County BOS Official Minutes578
RECOMMENDATION(S):
APPROVE Appropriation Adjustment No. 5054 authorizing the transfer of appropriations in the amount of $31,600
from the Sheriff's Office (0255) to Fleet Internal Services Fund (0064) for the purchase of one additional patrol
vehicle.
FISCAL IMPACT:
This action increases appropriations in Public Works ISF Fleet Services (0064) and reduces appropriations in the
Office of the Sheriff Tech Services Division (2512) by $31,600. No change in Net County Cost.
BACKGROUND:
The Office of the Sheriff's ISF patrol vehicles require regular maintenance and/or repairs. This appropriation
adjustment will allow the Patrol division to purchase an additional Standard Ford Police Interceptor Sedan to use as a
loaner for patrol substations while the assigned patrol vehicles are turned in for scheduled services or repairs.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Liz Arbuckle,
925-335-1529
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Liz Arbuckle, Heike Anderson, Tim Ewell
C. 34
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Appropriation Adjustment - Patrol vehicle
March 29, 2016 Contra Costa County BOS Official Minutes 579
CONSEQUENCE OF NEGATIVE ACTION:
The Public Works department will not have sufficient expenditure appropriations to accommodate the Sheriff's
Office request for an additional patrol vehicle.
CHILDREN'S IMPACT STATEMENT:
No impact.
AGENDA ATTACHMENTS
TC24/27_5054
MINUTES ATTACHMENTS
Signed: Appropriations & Adjustments No. 5054
March 29, 2016 Contra Costa County BOS Official Minutes 580
March 29, 2016 Contra Costa County BOS Official Minutes 581
March 29, 2016 Contra Costa County BOS Official Minutes 582
March 29, 2016Contra Costa County BOS Official Minutes583
March 29, 2016Contra Costa County BOS Official Minutes584
RECOMMENDATION(S):
Approve Appropriation and Revenue Adjustment No 5055 authorizing increasing appropriations for capital
equipment and revenue for the purchase of equipment for the Senior Nutrition Program.
FISCAL IMPACT:
No impact on the General Fund. This action increases the appropriation for anticipated capital equipment purchases
by $32,000 (fully offset by revenue).
BACKGROUND:
The Senior Nutrition Program provides nutritious meals to elderly residents in Contra Costa County through the
Meals on Wheels program. The current equipment is in constant need of repair to the point that the cost of the repairs
are more than the equipment is worth.
CONSEQUENCE OF NEGATIVE ACTION:
If this request is not approved, the Public Health Nutrition Program will be unable to safely supply nutritious meals to
the County’s vulnerable senior population.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Tasha Scott, Sherry Martija, Marcy Wihelm
C. 33
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Appropriation Adjustment for Senior Nutrition Program
March 29, 2016 Contra Costa County BOS Official Minutes 585
AGENDA ATTACHMENTS
TC24/27 No. 5055
MINUTES ATTACHMENTS
Signed: Appropriations & Adjustments No.
5055
March 29, 2016 Contra Costa County BOS Official Minutes 586
March 29, 2016Contra Costa County BOS Official Minutes587
March 29, 2016Contra Costa County BOS Official Minutes588
March 29, 2016Contra Costa County BOS Official Minutes589
March 29, 2016Contra Costa County BOS Official Minutes590
RECOMMENDATION(S):
ADOPT an amendment to the County's adopted Federal Platform to include support for funding of the development
of an Emergency Operations Center (EOC) as the County's top priority for federal funding needs, as recommended
by the Legislation Committee. (No fiscal impact)
FISCAL IMPACT:
No immediate fiscal impact in adopting the amendment to the Federal Platform.
BACKGROUND:
Our federal representatives are in the process of soliciting input on appropriations requests for the federal FY 2017
Budget. They cannot accommodate any requests that would be considered a “congressionally directed spending item”
(earmark) as defined by Senate Rule 44. However, they would like to know what the County's priorities are in terms
of federal appropriations. The County's adopted 2016 Federal Platform includes "Federal Funding Needs" as well as
"Appropriations and Grants--Support Positions."
In consideration of the County's need for a new Emergency Operations Center (EOC), the County's Federal Lobbyist
Paul Schlesinger recommended that the Legislation Committee consider including support for the federal "Emergency
Management Performance Grant (EMPG)," program which could provide funding for an EOC, in the County's
Federal Platform as a top priority. This would require an amendment to the adopted 2016 Federal Platform by the
Board of Supervisors. At their March 14, 2016 meeting, the Legislation Committee voted unanimously to forward
this recommendation to the full Board of Supervisors for consideration.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 35
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:March 29, 2016
Contra
Costa
County
Subject:Amending adopted Federal Platform - Support funding for an Emergency Operations Center (EOC)
March 29, 2016 Contra Costa County BOS Official Minutes 591
March 29, 2016 Contra Costa County BOS Official Minutes 592
BACKGROUND: (CONT'D)
Programmatic Funding Request
Appropriations Bill: Homeland Security
Specific agency: Department of Homeland Security (DHS) – Federal Emergency Management Agency
(FEMA)
Appropriations account: Federal Emergency Management Agency (FEMA)
Appropriations line item: Emergency Management Performance Grant (EMPG)
Amount requested for FY 2017 Appropriations: $350 million
Amount requested in the President’s Budget: $350 million
Amount provided by the FY 2016 enacted bill: $350 million
Explanation justifying the request, describing how funding will be used, and relevance to California:
The EMPG program funds state and local efforts to sustain and enhance the effectiveness of their
emergency management programs for all hazards preparedness. In FY 2015, California received more than
$27.8 million, the highest funded-state in the country, of which more than $15.5 million was sub-allocated to
approximately the 58 county Operational Areas (OAs) for critical hazard preparation activities. Last year
California’s Office of Emergency Services (Cal OES), in accordance with program guidelines, prioritized
the building, sustainment, and delivery of all-hazards emergency management capabilities in the following
areas: Planning, organization, equipment acquisitions, training, exercises, Emergency Operations Center
(EOC) construction and renovation, and maintenance and sustainment. Of particular interest to Contra
Costa is the allowance for funds to be expended for EOC construction and renovation, as the County is
seeking funding for the development of an EOC.
Attachment A: Adopted Federal Platform, redlined revision
CONSEQUENCE OF NEGATIVE ACTION:
The County would not be able to include its support for this federal program as a priority in its advocacy efforts.
ATTACHMENTS
Attachment A - Adopted Federal Platform, redlined revision
March 29, 2016 Contra Costa County BOS Official Minutes 593
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 21836 to add one permanent full-time Personnel Technician position
(AP7B) at salary plan grade and level B85-1308 ($4,065 - $4,941) and cancel vacant Personnel Services Assistant III
(ARTA) position #7938 at salary plan grade and level B85-1631 ($5,598 - $6,804) in the Health Services
Department. (Represented)
FISCAL IMPACT:
Upon approval, this action will result in cost savings of approximately $32,922 annually,including pension cost
savings of 10,526.00. (Enterprise Fund I)
BACKGROUND:
The Health Services Department is requesting to add a Personnel Technician position assigned to its Personnel
Division. The primary responsibility will include a variety of technical and administrative tasks in support of six
Personnel Analysts in the administration of recruitments and examinations. The technician will assist in posting job
announcements and supplemental questionnaires, and processing examination
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:Add and cancel positions in the Health Services Department.
March 29, 2016 Contra Costa County BOS Official Minutes 594
BACKGROUND: (CONT'D)
materials in the Neogov Applicant Tracking System from sending application evaluation notices, scheduling,
proctoring and coordinating written tests, oral boards and application screening boards, entering scores and
promulgating eligible lists, certifying names and closing of examination files. In 2015,the Department evaluated
6,800 applications, promulgated 97 eligible lists, and processed 976 requisitions which resulted in 380
appointments.
The Department has determined that the vacant Personnel Services Assistant III position is no longer needed and a
Personnel Technician will better meet its operational needs.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Department will not have adequate para-professional staff to support the
examination/recruitment process and as a consequence delays the establishment of eligible lists and filling of
vacancies.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
AGENDA ATTACHMENTS
P-300 #21836
MINUTES ATTACHMENTS
P300 #21836 signed
March 29, 2016 Contra Costa County BOS Official Minutes 595
POSITION ADJUSTMENT REQUEST
NO. 21836
DATE 3/3/2016
Department No./
Department Health Services Budget Unit No. 0540 Org No. 6547 Agency No. A18
Action Requested: Add one permanent full-time Personnel Technician (AP7B) position and cancel vacant Personnel
Services Assistant III (ARTA) position #7938 in the Health Services Department.
Proposed Effective Date: 3/30/2016
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 ($32,922.00) Net County Cost $0.00
Total this FY ($8,231.00) N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings (Enterprise Fund I)
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
Dorothy Sansoe 3/8/2016
___________________________________ ________________
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 3/8/2016
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources Dorothy Sansoe
Other: _Approve as requested by 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
March 29, 2016 Contra Costa County BOS Official Minutes 596
March 29, 2016Contra Costa County BOS Official Minutes597
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 21843 to add one (1) Mental Health Housing Services Coordinator
(VQHL) position at salary plan and grade level ZA5 – 1699 ($5,985 – $7,275) and cancel one (1) vacant permanent
part time Clerk – Experienced level (JWXB) at salary plan and grade level 3RH - 0750 ($2,794 - $3,466) position #
9558 in the Health Services Department. (Represented)
FISCAL IMPACT:
Upon approval, this action has an annual cost of approximately $98,784, which includes approximately $23,609 in
pension costs. Costs will be 100% funded by Homeless Program Fund.
BACKGROUND:
The Health Services Department is requesting to add Mental Health Housing Services Coordinator assigned to the
Behavioral Health Division. The primary responsibility will include providing training, compliance, and support to
Supportive Housing Programs and Board and Care Housing for all of the consumers/clients of the Behavioral Health
Division to include both Substance Abuse and Mental Health programs. This positions
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III Supervisor
Contact: Melissa Carofanello -
melissa.carofanello@hsd.cccounty.us - 925-957-5248
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board
of Supervisors
By: Chris Heck, Deputy
cc:
C. 38
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:March 29, 2016
Contra
Costa
County
Subject:ADD one (1) Mental Health Housing Services Coordinator position and cancel one (1) part time Clerk – Experienced
Level
March 29, 2016 Contra Costa County BOS Official Minutes 598
BACKGROUND: (CONT'D)
will provide critical housing information and coordinator to an at risk population. The Department has determined
that the vacant part time Clerk – Experienced Level position is no longer needed and a Mental Health Housing
Services Coordinator will better meet its operational needs.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Behavioral Health Division will not be able to provide the critical housing
service to its at risk populations.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speaker: Catherine Rettagliata, resident of Danville. CORRECTED to READ: ADOPT Position Adjustment
Resolution No. 21843 to add one Mental Health Housing Services Coordinator and cancel one part time Clerk
Experienced Level position (represented) in the Health Services Department (100% Mental Health
Realignment Fund) (100% Homeless Program)
AGENDA ATTACHMENTS
P300 No. 21843 HSD
MINUTES ATTACHMENTS
P300 #21843 signed
March 29, 2016 Contra Costa County BOS Official Minutes 599
POSITION ADJUSTMENT REQUEST
NO. 21843
DATE 3/17/2016
Department No./
Department HEALTH SERVICES Budget Unit No. 0463 Org No. 5731 Agency No. A18
Action Requested: Add one Mental Health Housing Services Coordinator (VQHL) position and cancel vacant Clerk -
Experienced Level (JWXB) #9558 position in the Health Services Department.
Proposed Effective Date: 3/30/2016
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 $98,786.85 Net County Cost $0.00
Total this FY $32,928.28 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Mental Health Realignment Act
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Melissa Carofanello
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 3/23/2016
___________________________________ ________________
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 3/23/2016
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
March 29, 2016 Contra Costa County BOS Official Minutes 600
REQUEST FOR PROJECT POSITIONS
Department Date 3/23/2016 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
March 29, 2016 Contra Costa County BOS Official Minutes 601
March 29, 2016Contra Costa County BOS Official Minutes602
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 21842 to add one (1) Health Plan Authorization Representative (VRTA)
position ($3,361-$4,293) in the Contra Costa Health Plan division of the Health Services Department. (represented)
FISCAL IMPACT:
Upon approval, the costs associated with this action will be approximately $88,866 annually with benefits, including
$18,289 in pension costs. Costs will be funded by CCHP Enterprise Fund II. (100%)
BACKGROUND:
Contra Costa Health Plan's member population has increased substantially over the past year. Subsequently, its
Pharmacy unit has seen an increase in workload of more than 25%. The unit's current staffing of three (3) permanent
full-time Health Plan Authorization Representatives is not sufficient to accommodate the increased workload.
Without additional staff, the Pharmacy unit could be in jeopardy of not meeting mandated timelines in processing
Pharmacy authorization requests.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Kristen 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 37
To:Board of Supervisors
From:William Walker, M.D., Health Services
Date:March 29, 2016
Contra
Costa
County
Subject:Add one Health Plan Authorization Representative position in the Health Services Department
March 29, 2016 Contra Costa County BOS Official Minutes 603
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved and without additional staff, Contra Costa Health Plan's Pharmacy unit will not have
adequate staffing to meet the mandated requirements of the Plan.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
AGENDA ATTACHMENTS
P300 No. 21842 HSD
MINUTES ATTACHMENTS
P300 #21842 signed
March 29, 2016 Contra Costa County BOS Official Minutes 604
POSITION ADJUSTMENT REQUEST
NO. 21842
DATE 3/10/2015
Department No./
Department HEALTH SERVICES-CCHP Budget Unit No. 0860 Org No. 6109 Agency No. A18
Action Requested: Add one permanent full-time Health Plan Authorization Representative position (VRTA) in the Contra
Costa Health Plan of the Health Services Department.
Proposed Effective Date: 4/1/2015
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request: $0.00
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost $86,660.00 Net County Cost $0.00
Total this FY $21,665.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT $86,660.87 annual costs funded by CCHP Enterprise Fund III
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
Enid Mendoza 3/23/2016
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
Exempt from Human Resources review due to delegated authority.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
4/1/2016(Date)
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/23/2016
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
March 29, 2016 Contra Costa County BOS Official Minutes 605
REQUEST FOR PROJECT POSITIONS
Department Date 3/23/2016 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
March 29, 2016 Contra Costa County BOS Official Minutes 606
March 29, 2016Contra Costa County BOS Official Minutes607
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 21809 to add one (1) part-time (20/40) Clerk-Experienced Level
(JWXB) (represented) position at salary plan and grade 3RH 0750 ($2,794 - $3,466), and one (1) part-time (20/40)
Librarian (3AWA) (represented) position at salary plan and grade QXX 1341 ($4,188 - $5,348); and cancel one (1)
full-time (40/40) Library Assistant-Journey Level (3KVB) (represented) vacant position No. 13545 ($3,078 - $3,931)
in the Library Department.
FISCAL IMPACT:
No fiscal impact to the County General Fund. These positions are funded in the Library Budget. Upon approval, these
actions will result in an annual cost savings to the Library Fund of approximately $19,457.
BACKGROUND:
The Library conducted a careful and thorough evaluation of the duties and tasks assigned to clerical, technical and
professional level staff in the Collection Development and Technical Services division. As a result, it was determined
that the tasks assigned to the vacant 40/40 Library Assistant-Journey Level position are clerical in nature and do not
require the qualifications of a Library Assistant-Journey Level position.These clerical duties are more appropriately
assigned to a 20/40 Clerk-Experienced Level position.
The Library also determined it could improve its response and efficiency rate by adding part-time professional level
staff to perform bibliographic and extensive reference tasks while working to select, catalog, and circulate books and
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Michelle McCauley, (925)
927-3202
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Michelle McCauley, James Hicks, Eldreai Ellis
C. 39
To:Board of Supervisors
From:Jessica Hudson, County Librarian
Date:March 29, 2016
Contra
Costa
County
Subject:Cancel one Library-Assistant Journey Level position; add one part-time Clerk- Experienced Level position and add
one part-time Librarian position
March 29, 2016 Contra Costa County BOS Official Minutes 608
BACKGROUND: (CONT'D)
materials throughout the Library system. With the addition of a 20/40 Librarian, specialized guidance in the area
of Collection Development will be optimized for each community library.
In order to properly classify the work performed and to improve professional service levels, the Library would like
to cancel one vacant full-time Library Assistant-Journey Level position, and add one part-time Clerk-Experienced
Level position and one part-time Librarian position. Both positions will report to the Library Collection/Technical
Services Manager.
CONSEQUENCE OF NEGATIVE ACTION:
If these position changes are not implemented, the Library will have a position that is inappropriately classified
for the work to be performed and limited ability to expand collection development support activities.
AGENDA ATTACHMENTS
P300 21809_Library Add/Cancel Positions
MINUTES ATTACHMENTS
P300 #21809 signed
March 29, 2016 Contra Costa County BOS Official Minutes 609
POSITION ADJUSTMENT REQUEST
NO. 21809
DATE 12/18/2015
Department No./
Department County Library Budget Unit No. 0620 Org No. 3716 Agency No. 85
Action Requested: Cancel one (1) full-time (40/40) Library Assistant-Journey Level (3KVB) (represented) position No. 13545;
add one (1) part-time (20/40) Clerk-Experienced Level (JWXB) (represented) position and add one (1) part-time (20/40)
Librarian (3AWA) (represented) position.
Proposed Effective Date: 4/1/2016
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 ($19,457.00) Net County Cost $0.00
Total this FY ($6,486) N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Library Fund
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Jessica A. Hudson
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
BR for JE 1/5/2016
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
Cancel one (1) full-time (40/40) Library Assistant-Journey Level (3KVB) (represented) position No. 13545; add one (1) part-
time (20/40) Clerk-Experienced Level (JWXB) (represented) position and add one (1) part-time (20/40) Librarian (3AWA)
(represented) position.
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 3/1/2016
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
March 29, 2016 Contra Costa County BOS Official Minutes 610
REQUEST FOR PROJECT POSITIONS
Department Date 3/1/2016 No. xxxxx
1. Project Positions Requested:
2. Explain Specific Duties of Position(s)
3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds)
4. Duration of the Project: Start Date End Date
Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefits Costs: b. Support Costs:
(services, supplies, equipment, etc.)
c. Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c. financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
March 29, 2016 Contra Costa County BOS Official Minutes 611
March 29, 2016Contra Costa County BOS Official Minutes612
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a subcontract
agreement, including modified indemnification language, with the Association of Bay Area Governments (ABAG) to
accept grant funding in the amount not to exceed $176,334 from the California Public Utilities Commission (CPUC),
through ABAG, to support marketing, education, and outreach for energy efficiency programs for the period January
1 through December 31, 2016.
FISCAL IMPACT:
There will be no impact to the General Fund. The CPUC grant funding is expected to cover all of the costs that would
be incurred as a result of this energy efficiency program. No matching funds are required.
BACKGROUND:
In July 2012, the County entered into a Memorandum of Understanding (MOU) establishing the Bay Area Regional
Energy Network (BayREN), a collaborative partnership among the nine Bay Area counties (Alameda, Contra Costa,
Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma Counties) and led by the Association of
Bay Area Governments (ABAG), for the purpose of facilitating the implementation of energy efficiency programs
throughout the Bay Area. On May 5, 2015, a Restated and Revised MOU was approved by the County in order to
better define the roles and responsibilities of ABAG and the counties participating in BayREN.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Demian Hardman, (925)
674-7826
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 45
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:2016 Bay Area Regional Energy Network Subcontract Agreement between Association of Bay Area Governments
and Contra Costa County
March 29, 2016 Contra Costa County BOS Official Minutes 613
BACKGROUND: (CONT'D)
Since 2013, all BayREN counties have been receiving CPUC grant funding each calendar year to provide marketing,
education and outreach for the following four energy efficiency subprograms: (1) Single-Family, (2) Multi-Family;
(3) Building Codes and Standards; and (4) Energy Efficiency Financing. Both the Single-Family and Multi-Family
subprograms offer free technical services and financial incentives (rebates) if owners/contractors make specific
energy efficiency improvements to existing residential structures. The Building Codes and Standards subprogram
offers various resources (including training) to support local government officials with building energy code
compliance and enforcement. The Energy Efficiency Financing subprogram focuses on marketing various financing
options to diverse commercial and residential consumer markets throughout the Bay Area. Continued
implementation of energy efficiency programs is consistent with the County's Climate Action Plan adopted in 2015.
The proposed subcontract agreement between ABAG and Contra Costa County will allow the County continued
access to CPUC grant funds awarded to ABAG in order to offer and raise awareness about BayREN subprograms
throughout Contra Costa County. The amount specified in the agreement is not to exceed $176,334 and will cover the
period of January 1, 2016 through December 31, 2016. These funds are to cover County costs associated with
promoting the program for both incorporated and unincorporated areas of the County. Technical services and rebates
offered by BayREN for these activities are directly administered by ABAG and are funded separately.
Under the subcontract, the County must indemnify the other counties and ABAG for claims alleging intellectual
property infringement related to materials the County prepares. The County also must indemnify the CPUC and
Pacific Gas and Electric for claims that arise from the County's performance of its obligations under the subcontract.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not receive funding to participate in BayREN activities or provide the associated energy efficiency
program services to local residents and property owners.
March 29, 2016 Contra Costa County BOS Official Minutes 614
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to accept additional
funding from California Department of Community Services and Development, to increase the payment limit by
$211,027 to a new amount of $423,239 for Community Services Block Grant program services with no change to
term January 1, 2016 through December 31, 2016.
FISCAL IMPACT:
100% Federal funding via
California Department of Community Services & Development
Pass through of Federal funds / CFDA # 93.569
No County match
State: 16F-5007 / Amend 1
County: 39-813-41
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: CSB (925) 681-6308
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Christina Reich, Nancy Sparks, Sam Mendoza, Cassandra Youngblood
C. 50
To:Board of Supervisors
From:Kathy Gallagher
Date:March 29, 2016
Contra
Costa
County
Subject:2016 Community Services Block Grant (CSBG) revenue contract, amendment #1
March 29, 2016 Contra Costa County BOS Official Minutes 615
BACKGROUND:
The Board approved receipt of the 2016 Community Services Block Grant on December 15, 2015 (C.33). As the
County's Community Action Agency, the Department's Community Services Bureau regularly receives Community
Services Block Grant (CSBG) funding to operate self-sufficiency programs under the advisement of the County's
Economic Opportunity Council (EOC). The funding amount is based on the County’s low-income population which
meets federal poverty guidelines. The award approved on December 15, 2015 was a partial allocation based on the
partial grant received by the State from the federal government for CSBG through the federal department of Health
and Human Services. This board order accepts the remainder of the 2016 allocation.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the Department will be hampered in its ability to meet the needs of the community and to establish
partnerships with community based agencies and public organizations.
CHILDREN'S IMPACT STATEMENT:
The Employment & Human Services Department Community Services Bureau supports three of Contra Costa
County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families
that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These
outcomes are achieved by offering comprehensive services, including high quality early childhood education,
nutrition, and health services to low-income children throughout Contra Costa County.
March 29, 2016 Contra Costa County BOS Official Minutes 616
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to apply for
and accept funding from the Department of Health and Human Services Administration for Children and Families in
an amount not to exceed $1,327,720 for Early Head Start supplemental funding for the term July 1, 2016 through
June 30, 2017.
FISCAL IMPACT:
The County, as Grantee, is required to generate a 20% non-federal in-kind match not to exceed $265,544 (see chart
below). This match is achieved through collaboration with State Child Development programs and the volunteer
hours accrued by Head Start parents and community partners.
CFDA # 93.708
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: CSB (925) 681-6345
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Christina Reich, Haydee Ilan, Eric Pormento, Cassandra Youngblood
C. 51
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:2016-17 Early Head Start Childcare Partnerships grant
March 29, 2016 Contra Costa County BOS Official Minutes 617
FISCAL IMPACT: (CONT'D)
Early Head Start Childcare Partnership funding
Federal $1,062,176 = 80%
Match (In-Kind) $265,544 = 20%
Grand Total $1,327,720 = 100%
In-Kind match is 20% of total funding
BACKGROUND:
Contra Costa County submits an application annually to the U.S. Health and Human Services Department,
Administration for Children and Families (ACF) as the Head Start grantee. The board approved the 2016 grantee
application on August 18, 2015.
ACF routinely provides expanded funding opportunities throughout the program year. This board order is to seek
approval to submit an application to ACF for the Early Head Start Childcare partnership program. The Policy
Council will review the grant application for approval on March 16, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, funding will be lost to enhance services within the County Early Head Start program.
CHILDREN'S IMPACT STATEMENT:
The Community Services Bureau of the Employment & Human Services Department’s Head Start program
supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding
in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe,
Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality
early childhood education, nutrition, and health services to low-income children throughout Contra Costa County.
ATTACHMENTS
16 pt budget narrative
March 29, 2016 Contra Costa County BOS Official Minutes 618
2016-17 EHS-CCP Continuation Grant
16-Point Narrative
2-29-16
Contra Costa County Employment & Human Services Department
Community Services Bureau
2016-17 Early Head Start-Child Care Partnerships Funding Application
EXECUTIVE SUMMARY
INCOMING FUNDS NARRATIVE STATEMENT
1. PROJECT/PROGRAM TITLE. Early Head Start-Child Care Partnerships Funding
Application for Budget Period July 1, 2016 through June 30, 2017.
2. FUNDING AGENCY. Department of Health and Human Services, Administration for
Children and Families (ACF), Office of Head Start (OHS).
3. SUBMITTAL STATUS. This is a submission of application for Early Head Start Child
Care Partnership grant funding for FY 2016.
4. PROPOSED TERM. Funding must be requested annually. The standard one year
budget period is from July 1, 2016 through June 30, 2017. The budget summary is
below.
5. CURRENT FUNDING. Funding for Early Head Start is provided by federal dollars.
Contra Costa County, as Grantee, is required to generate a 20% non-federal match of
the total project budget, which may be in cash or in-kind contributions, fairly valued.
6. FUTURE FUNDING. An application for continuation grant funding must be submitted
each year.
7. BUDGET SUMMARY
8. STAFFING REQUIREMENTS. As Grantee, Contra Costa County operates the
Budget Categories:
FY 2016-17 EHS
Program Operation
Personnel $ 286,739
Fringe Benefits $ 226,236
T & TA $ 25,907
Travel $ - 0 -
Supplies $ 4,800
Contractual $ 432,000
Other $ 27,139
Sub-Total of Direct Charges $1,002,821
Indirect Costs $ 59,355
Total Federal Amount Being Requested $1,062,176
Non-Federal Share $ 265,544
Total Federal and Non-Federal $1,327,720
March 29, 2016 Contra Costa County BOS Official Minutes 619
2016-17 EHS-CCP Continuation Grant
16-Point Narrative
2-29-16
2
Head Start Program, which is administered and staffed by the Employment & Human
Services Department, Community Services Bureau.
9. PROGRAM NEED. The Community Services Bureau serves the needs of low-
income children (3-5 years of age under Head Start, and prenatal - 3 yrs under Early
Head Start) and their families, by providing quality childcare, child development, and
other services such as medical, mental health and dental needs.
10. RELATIONSHIP TO OTHER PROGRAMS. The Community Services Bureau’s
Head Start program combines Federal Head Start and State Child Development funding
into one cohesive program. The Bureau also has strong collaborations with other
departments within the County and partners with community based organizations, local
private businesses, schools, non-profits, and volunteer organizations.
11. PROJECT GOALS. (Same goals and objectives for both Head Start and Early
Head Start)
Goal 1: Poor health and nutrition are significantly correlated to children and f amilies
living in poverty. CSB will address the need to improve indicators of nutritional health
through increased education, and physical activity.
Goal 2: Disabilities and mental health needs continue to trend upwards. CSB will
expand mental health and disabilities assessment, treatment and case management
linkage opportunities for children and families.
Goal 3: Exposure to violence has a lasting impact on children’s development including
their emotional, mental and physical health. CSB seeks to provide positive and
enduring change that increases child attachment by providing services to promote the
safety and well-being of children and families.
Goal 4: CSB will provide ongoing learning opportunities to enhance employees’ career
development and assist in meeting new job requirements.
12. STATED OBJECTIVES.
By June 2017, CSB will further engage in obesity prevention education focusing
on physical activity and healthy eating habits.
By June 2017, CSB will further focus on the importance of being physically
active.
By June 2017, CSB will implement the use of Oto-acoustic Emissions (OAE)
screenings for all infants/toddlers and preschool-age children who are non-
responsive to audiometric screenings.
By June 2017, CSB will implement an autism screening in an effort to link
children and families to the appropriate interventions.
By June 2017, CSB will implement an in-reach program at the Contra Costa
County Detention Facilities and at Ujima Residential Recovery Programs.
By June, 2017, CSB will enhance its violence prevention and safety program for
children, families, and staff.
Through September 30, 2018, CSB will continue to support teaching staff in
pursuit of their degrees through leveraging of resources and ongoing
partnerships with community colleges.
March 29, 2016 Contra Costa County BOS Official Minutes 620
2016-17 EHS-CCP Continuation Grant
16-Point Narrative
2-29-16
3
13. ACTIVITY SUMMARY. Program continues to provide high-quality services.
14. EVALUATION METHOD(S). Measurable, results-based child and family
outcomes have been implemented, such as the required State of California’s Desired
Results Developmental Profile, for programs providing services through collaboration
with the State of California Department of Education.
15. CHANGES COMPARED TO PRIOR YEAR (if any). Goals and Objectives cover
FY 2013 – FY 2018. Policy Council has been involved in the development, review and
evaluation process of the goals and objectives.
16. POTENTIAL CONTROVERSIAL ISSUES. None. Public perception of the
Head Start and Early Head Start programs remain positive. The Policy Council will
approve submission of this grant at their March 16, 2016 meeting.
March 29, 2016 Contra Costa County BOS Official Minutes 621
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the State of California,
23rd District Agricultural Association, including full indemnification of the State of California, to pay the County an
amount not to exceed $30,000 to provide law enforcement services at the Contra Costa County Fair for the period
May 31, 2016 through June 2, 2016.
FISCAL IMPACT:
$30,000; 100% State of California reimbursement revenue.
BACKGROUND:
Each year the State of California provides funding to the Office of the Sheriff to provide law enforcement services at
the County Fair. This contract will enable the Sheriff's Office to augment regular deputies with reserve deputies
during the event at no cost to the County.
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff's Office will not be authorized to enter into the contract.
CHILDREN'S IMPACT STATEMENT:
No impact.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 52
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Agreement with the State of California for law enforcement services at the County Fair
March 29, 2016 Contra Costa County BOS Official Minutes 622
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Agreement
#29-545-2 (020_BPIP_SA 15-16) with the Contra Costa County Superior Court of California to pay County an
amount not to exceed $90,000 to support services provided to participants in County’s Behavioral Health Services
Division (BHSD)/Alcohol and Other Drug Services’ (AODS) Drug Court Program, for the period from July 1, 2015
through June 30, 2016.
FISCAL IMPACT:
There is no fiscal impact to the County. The funding is 100% funded by the Superior Court under a federal grant
Reentry Court Collaborative Project. In-Kind County Match of $30,186 is required for case management.
BACKGROUND:
The Contra Costa Collaborative Reentry Court accepts medium to high-risk offenders within the court’s jurisdiction.
In close collaboration with agency partners (District Attorney, Public Defender, County Probation, Sheriff’s
Department, Adult Mental Health, Behavioral Health, Jail Mental Health, and Alcohol and Drug Treatment Program)
and community service
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon 957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: E Suisala, M Wilhelm
C. 48
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Agreement #29-545-2 with Contra Costa County Superior Court of California
March 29, 2016 Contra Costa County BOS Official Minutes 623
BACKGROUND: (CONT'D)
providers, Contra Costa County Superior Court will monitor compliance, and administer sanctions and incentives
according to participant progress through the program. Services for program participants may include drug treatment
support, random drug testing, mental health services, judicial and law enforcement supervision, family reunification
assistance, housing services and employment support. Participants will be closely monitored through case managers,
treatment providers, law enforcement, and the judge to ensure compliance. While awaiting the resolution of their new
charges, incoming participants will meet with the Reentry Court-case managers, who will explain the reentry court
process, build rapport, conduct an initial intake, gather risk assessments from either probation or parole, and work
with the Drug Court Program Coordinator to develop recommendations for individual treatment and support plans.
The Reentry Court Collaborative will, similar to already-established drug and reentry courts in the State, implement
the Ten Key Components and corresponding evidence-based Program Principles of Drug Courts.
Due to a delay in receiving the Agreement from Contra Costa Superior Court, the Behavioral Health Services
Division (BHSD)/Alcohol and Other Drug Services’ (AODS), was not able to process document in a timely manner.
Therefore, the Division is requesting a start date of July 1, 2015 to avoid any disruption in service.
Approval of this Agreement #29-545-2, will allow the County to continue to receive funds to support the County’s
Drug Court, as part the Reentry Court Collaborative Project, to allow participants to receive intake and screenings,
individual and group counseling in outpatient and residential substance abuse treatment through June 30, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, County’s BHSD/AODS will not receive funding to provide additional substance
abuse treatment to the expanded Reentry Court Collaborative Project.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 624
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Animal Services Department Director, or designee, to accept Maddie's Fund grant
award in the amount of $130,000 to establish a five-year strategic plan, improve animal housing and to support
programming that increases live release rate outcomes.
FISCAL IMPACT:
No County match.
BACKGROUND:
Maddies Fund has consistently supported the Contra Costa County Animal Services Department over the past 15
years. Animal Services has been a Maddie's Fund grant recipient since 2005 and a participant in the Maddie's Fund
Adopt-a-thon since 2010, where Maddies' Fund donates specific funds for every animal adopted over a specified
weekend. This current additional grant of $130,000 was provided by Maddie's Fund to Animal Services to establish a
five-year strategic plan for the Animal Services Department, to improve animal housing and to support the
Department's programming that increases live release rate outcomes.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 925-335-8370
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Beth Ward, Animal Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:ASD 2016 Maddies Fund Grant
March 29, 2016 Contra Costa County BOS Official Minutes 625
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept California State Library
grant funding in the amount not to exceed $80,000 to meet the operational and services expenses required by Project
Second Chance (PSC), the Contra Costa County Library adult literacy program, to provide adult literacy services for
the period July 1, 2016 through June 30, 2017.
FISCAL IMPACT:
Funds committed to Project Second Chance by the Contra Costa County Library, foundation grants, and private
donations will be matched by the California State Library using a funding formula that is based on: The State
Library’s budget for adult literacy, the number of students served by Project Second Chance and the total amount of
local funding that the Contra Costa County Library certifies will be allocated to support Project Second Chance. For
fiscal year 2016/17, the Library has pledged adult literacy funds currently budgeted in the amount of $540,579 to
secure the grant award (85% Library fund and 15% California State Library).
BACKGROUND:
Project Second Chance was founded in 1984 with a grant from the California State Library. In 2003, AB 1266 was
passed. Article 4.6, Section 18880-18884 of that bill, established the California Library Literacy and English
Acquisition Services Program and the formula that determines how local funds, generated by individual library
jurisdictions, are matched by the California State Library, using funds legislated specifically for this purpose.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Gail McPartland,
925-927-3204
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 43
To:Board of Supervisors
From:Jessica Hudson, County Librarian
Date:March 29, 2016
Contra
Costa
County
Subject:California State Library for Library Literacy Services Grant for FY 2016 - 2017
March 29, 2016 Contra Costa County BOS Official Minutes 626
CONSEQUENCE OF NEGATIVE ACTION:
The Library will not receive California State Library funding for adult literacy, reducing the number of students that
can be served.
March 29, 2016 Contra Costa County BOS Official Minutes 627
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the
Workforce Development Board, Small Business Development Center, to apply for and accept grant funding in an
amount not to exceed $15,000 from the City of Brentwood to provide advisory, training, and outreach services to
Brentwood businesses for the period July 1, 2016 through June 30, 2017.
FISCAL IMPACT:
County to receive an amount not to exceed $15,000 from the City of Brentwood.
BACKGROUND:
The Small Business Development Center proposes to perform active outreach to current Brentwood small business
owners, in addition to delivering group trainings and individualized advising in Brentwood with the goals of
business/job retention, new business start-ups, increased revenues, debt/equity investments, and job creation.
CONSEQUENCE OF NEGATIVE ACTION:
Workforce Development Board, Small Business Development Center will be unable to increase training and outreach
services to Brentwood based businesses.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:City of Brentwood grant funding
March 29, 2016 Contra Costa County BOS Official Minutes 628
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 629
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the West Contra Costa
Unified School District to pay the County an amount not to exceed $257,500 to provide one School Resource Officer
position for the term July 1, 2015 through June 30, 2016. Ratify the contract for the term above.
FISCAL IMPACT:
No County Costs. $257,500.00, Revenue. Budgeted.
BACKGROUND:
The Sheriff's Office has been providing a School Resource Officer to the West Contra Costa Unified School District
since spring-2006. The presence of the School Resource Officer impacts crime rates such as vandalism, drug and
alcohol abuse, and gang violence on school grounds. Further, the School Resource Officer provides security,
protection, and safety for students and staff. The School Resource Officer will develop and maintain comprehensive
safety plans and strategies aimed at reducing campus crime, improving attendance, and providing a safe, secure, and
peaceful school environment. The presence of the School Resource Officer has proved to be a benefit to the school,
students, parents, and the community.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 49
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Contract with the West Contra Costa Unified School District
March 29, 2016 Contra Costa County BOS Official Minutes 630
CONSEQUENCE OF NEGATIVE ACTION:
The West Contra Costa Unified School District will not benefit from the presence of the School Resource Officer.
The School Resource Officer provides security, protection, and safety for students and staff.
CHILDREN'S IMPACT STATEMENT:
None.
March 29, 2016 Contra Costa County BOS Official Minutes 631
RECOMMENDATION(S):
ADOPT Resolution No. 2016/135 approving and authorizing the County Probation Officer, or designee, to apply for
and accept funding under the Mentally Ill Offender Crime Reduction Grant Program from the Board of State and
Community Corrections (BSCC) in an amount not to exceed $950,000 to enhance Mental Health Services for
mentally ill youth on probation for the period of October 1, 2015 through June 30, 2018.
FISCAL IMPACT:
This grant is for $950,000 for a period of 36 months and requires a 25% county match.
BACKGROUND:
At their May 12, 2015 meeting, the Board of Supervisors approved and authorized the County Probation Officer to
apply for and accepting funding under the Mentally Ill Offender Crime Reduction Grant Program from the BSCC. In
addition to that Board Order, the BSCC requires a Board Resolution.
SB 1054,
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Lesha Roth, 925-957-2710
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 44
To:Board of Supervisors
From:Philip F. Kader, County Probation Officer
Date:March 29, 2016
Contra
Costa
County
Subject:Mentally Ill Offender Crime Reduction (MIOCR) Grant
March 29, 2016 Contra Costa County BOS Official Minutes 632
BACKGROUND: (CONT'D)
Steinberg. Mentally ill offender crime reduction grants.
(1) Existing law establishes, within the Board of State and Community Corrections, the California Juvenile Justice
Data Working Group, as provided, and the working group is required, among other things, to recommend a plan
for improving specified juvenile justice reporting requirements, including streamlining and consolidating
requirements without sacrificing meaningful data collection. The working group is required to submit its
recommendations to the board no later than December 31,2014.
This bill would extend, to April 30, 2015, the date to submit recommendations.
(2) Existing law requires the board to administer mentally ill offender crime reduction grants on a competitive
basis to counties that expand or establish a continuum of timely and effective responses to reduce crime and
criminal justice costs related to mentally ill juvenile and adult offenders. The grants administered by the board are
required to be divided between adult and juvenile mentally ill offender crime reduction grants in accordance with
the funds appropriated for each type of grant.
(3) Existing law requires an application for a mentally ill offender crime reduction grant to describe a four-year
plan for programs, services, or strategies, and requires the board to award grants that provide finding for four
years with the proviso that funding beyond the first year of the plan is contingent upon annual appropriations and
the availability of funds to support mentally ill offender crime reduction grants beyond the first funding year. This
bill would delete that proviso and reduce the term of the award grants to funding for three years.
(4) Existing law requires the board to create an evaluation design for adult and juvenile mentally ill offender
crime reduction grants that assesses the effectiveness of the program in reducing crime, adult and juvenile
offender incarceration and placement levels, early releases due to jail overcrowding, and local criminal and
juvenile justice costs. The board is required to annually submit a report to the Legislature based on the evaluation
design, commencing on October 1, 2015, with a final report due on December 31, 2019.
This bill would change the due date of the final report to December 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
This grant funding will allow mentally ill offenders to receive enhanced mental health services, specifically
Functional Family Therapy (FFT). Without these grant funds, Probation will not be able to provide these services.
CHILDREN'S IMPACT STATEMENT:
This funding will positively impact mentally ill youth on probation by enhancing current mental health services,
specifically Functional Family Therapy will be funded.
AGENDA ATTACHMENTS
Resolution No. 2016/135
Resolution No. 2016/135
MINUTES ATTACHMENTS
Res 2016/135 signed
March 29, 2016 Contra Costa County BOS Official Minutes 633
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/135
The Contra Costa County Probation Department's participation in the Mentally Ill Offender Crime Reduction (MIOCR) Grant.
WHEREAS the Contra Costa County Probation Department desires to participate in the Mentally Ill Offender Crime Reduction
Grant Program, funded through the State Recidivism Reduction Fund and administered by the Board of State and Community
Corrections (hereafter referred to as BSCC).
NOW, THEREFORE, BE IT RESOLVED that the County Probation Officer, or designee, is authorized on behalf of this
Governing Board to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any
amendments thereof.
BE IT FURTHER RESOLVED that the state grant funds received hereunder shall not be used to supplant expenditures controlled
by this body.
BE IT FURTHER RESOLVED that the Contra Costa County Probation Department agrees to provide all matching finds required
for said project and abide by the statutes and regulations governing the State Grant's Program (including General Terms and
Condition 610) as well as the terms and conditions of the Grant Agreement as set forth by the BSCC.
Contact: Lesha Roth, 925-957-2710
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 634
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2016/135
The Contra Costa County Probation Department's participation in the Mentally Ill Offender Crime Reduction (MIOCR) Grant.
WHEREAS the Contra Costa County Probation Department desires to participate in the Mentally Ill Offender Crime Reduction
Grant Program, funded through the State Recidivism Reduction Fund and administered by the Board of State and Community
Corrections (hereafter referred to as BSCC).
NOW, THEREFORE, BE IT RESOLVED that the County Probation Officer, or designee, is authorized on behalf of this
Governing Board to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any
amendments thereof.
BE IT FURTHER RESOLVED that the state grant funds received hereunder shall not be used to supplant expenditures controlled
by this body.
BE IT FURTHER RESOLVED that the Contra Costa County Probation Department agrees to provide all matching finds required
for said project and abide by the statutes and regulations governing the State Grant's Program (including General Terms and
Condition 610) as well as the terms and conditions of the Grant Agreement as set forth by the BSCC.
Contact: Lesha Roth, 925-957-2710
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 635
March 29, 2016Contra Costa County BOS Official Minutes636
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the
Workforce Development Board of Contra Costa, to apply for and accept U.S. Department of Labor, Employment and
Training Administration, Summer Jobs and Beyond: Pathways for Youth grant funds in an amount not to exceed
$2,000,000 to provide training, technical assistance, and demonstration projects to in-school and out-of-school youth,
ages 16-24 years, who are new entrants and who have never participated in the workforce, or have limited work
experience for the period May 5, 2016 through May 4, 2018.
FISCAL IMPACT:
County to receive an amount not to exceed $2,000,000 from U.S. Department of Labor, Employment and Training,
Summer Jobs and Beyond Career Pathways for Youth grant. (100% Federal) (No County match) (Catalog of Federal
Domestic Assistance Number (CFDA) 17.280)
BACKGROUND:
The Career Pathways for Youth grants are designed to provide resources to Local Workforce Development Boards to
expand and enhance existing summer employment programs and
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 46
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:U.S. Department of Labor, Employment and Training Administration, Summer Jobs and Beyond: Career Pathways
for Youth Grant
March 29, 2016 Contra Costa County BOS Official Minutes 637
BACKGROUND: (CONT'D)
work experiences throughout the year for youth and to implement innovative practices. The target populations to be
served are in-school youth, including those at risk of dropping out and out-of-school youth dropouts with limited or
no work experience, ages 16-24 years, in high poverty, high crime communities. Work experiences to be provided
include summer employment opportunities and part- time year round employment for in-school youth and up to
full-time employment opportunities throughout the year for out-of-school youth.
The grant period for these projects is 24 months which will allow time for two summer employment cycles and one
full academic calendar year for in-school youth. The grant period will also allow sufficient time for work experiences
throughout the year for out-of-school youth and part-time year round work experiences for in-school-youth, as well
as activities that will assist them to move toward jobs with career pathways in existing or emerging occupations.
CONSEQUENCE OF NEGATIVE ACTION:
Without funding the development and implementation of grant-designed youth programs will not occur.
CHILDREN'S IMPACT STATEMENT:
The grant funding will support one of the five community outcomes established in the Children's Report Card; #2.
"Children and Youth Healthy and Preparing for Productive Adulthood" by developing and implementing programs
targeting the employment and training needs of in-school and out-of -school youth, ages 16-24 years, and to build
family self sufficiency and stability.
March 29, 2016 Contra Costa County BOS Official Minutes 638
RECOMMENDATION(S):
Approve and Authorize the County Administrator, or designee, to apply for and accept funding in an amount up to
$10,000 from the California State Arts Council for the Veterans Initiative in the Arts program.
FISCAL IMPACT:
If approved, the grant will require a 100% County match of which 50% can be an in-kind match. The maximum
general fund impact would be $5,000 and is included in the FY 2016-17 Recommended Budget for the Arts
Commission.
BACKGROUND:
The Veterans Initiative in the Arts (VIA) program is rooted in the California Arts Council’s (CAC) desire to launch a
competitive grant which would address the needs and improve the lives of California's veterans, active military, and
their families through quality arts programming. The VIA program addresses equity, access, and opportunity by
providing project and partnership support for State-Local Partners (SLPs) to reach veterans, active military, and their
families. VIA serves to enrich the lives of veterans through arts programming that is sensitive and responsive to their
unique experiences.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Enid Mendoza, (925)
335-1039
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 53
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:Veterans Initiative in the Arts Grant
March 29, 2016 Contra Costa County BOS Official Minutes 639
BACKGROUND: (CONT'D)
The Arts Commission of Contra Costa County (AC5) is currently wrapping up the 2015-16 fiscal year AboutFace
pilot project, which was funded by CAC VIA grant monies. This pilot program offered various two-day self-portrait
painting workshops to interested Contra Costa County veterans, at no cost and with all painting materials provided.
The workshops have been offered at ARTU4ia in Martinez to veterans, with or without prior art experience.
Due to the success of the AboutFace pilot project, the County Administrator's Office and AC5 would like to apply for
fiscal year 2016-17 VIA grant monies, and if granted the award, will continue the program for another year.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County will not be able to compete for the Veterans Initiative in the Arts grant, nor continue the
AboutFace project in fiscal year 2016-17.
March 29, 2016 Contra Costa County BOS Official Minutes 640
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the
Workforce Development Board of Contra Costa to apply for and accept Wells Fargo Foundation grant funding in an
amount not to exceed $25,000 for outreach, advising, and group training services to the small business communities
in Brentwood, Knightsen and Oakley for the period July 1, 2016 through June 30, 2017.
FISCAL IMPACT:
County to receive an amount not to exceed $25,000 from the Wells Fargo Foundation grant. (No County match)
BACKGROUND:
The Workforce Development Board of Contra Costa, Small Business Development Center (SBDC) proposes to
partner with the Wells Fargo Foundation to invest in the agricultural sector of the County. SBDC will target
communities, such as Brentwood, Oakley and Knightsen to identify, outreach to, and serve small family farms and
agriculture-related businesses including food processors with individualized advising and group trainings focused on
improving the operations and sustainability of the participants.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Wells Fargo Foundation Grant
March 29, 2016 Contra Costa County BOS Official Minutes 641
CONSEQUENCE OF NEGATIVE ACTION:
Without funding, the Workforce Development Board of Contra Costa, Small Business Development Center could not
implement the expansion of outreach, advising, and group training services to the targeted small business
communities of Brentwood, Oakley, and Knightsen,
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 642
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute Agreement #16-0026SA with
the California Department of Food and Agriculture (CDFA) tol reimburse the County, an amount not to exceed
$14,550, for the Petroleum Products Program for the period of July 1, 2016 through June 30, 2017.
FISCAL IMPACT:
Approval of this agreement will provide revenue for the Department to fulfill the requirements of the agreement.
Agreement is fully funded by the California Department of Food and Agriculture (CDFA) for an amount not to
exceed $14,550. No county match of funds is required nor does this involve grant money.
BACKGROUND:
Gasoline service stations and others selling petroleum products are required by state law to meet advertising and
signage requirements. Service stations are also required to provide water and air "free of charge" to customers and to
provide handicap service to customers with some exceptions. This agreement will reimburse the Department for work
done that involves enforcement of these laws.
CONSEQUENCE OF NEGATIVE ACTION:
A negative action on this agreement will cause loss of funding and increased expenses for the department to enforce
mandated state laws
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 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:Chad Godoy, Director of Agriculture/Weights & Measures
Date:March 29, 2016
Contra
Costa
County
Subject:#16-0026SA Petroleum Products Program
March 29, 2016 Contra Costa County BOS Official Minutes 643
CHILDREN'S IMPACT STATEMENT:
None
ATTACHMENTS
Petroleum Program
March 29, 2016 Contra Costa County BOS Official Minutes 644
March 29, 2016 Contra Costa County BOS Official Minutes 645
March 29, 2016 Contra Costa County BOS Official Minutes 646
March 29, 2016 Contra Costa County BOS Official Minutes 647
March 29, 2016 Contra Costa County BOS Official Minutes 648
March 29, 2016 Contra Costa County BOS Official Minutes 649
March 29, 2016 Contra Costa County BOS Official Minutes 650
March 29, 2016 Contra Costa County BOS Official Minutes 651
March 29, 2016 Contra Costa County BOS Official Minutes 652
March 29, 2016 Contra Costa County BOS Official Minutes 653
RECOMMENDATION(S):
(1) ADOPT Resolution No. 2016/139 accepting as complete the construction contract work performed by Team
Solar, Inc. for the Regional Renewable Energy Procurement (R-REP) Solar Photovoltaic Installations at 13601 San
Pablo Avenue, San Pablo, 50 Glacier Drive, Martinez, 202 Glacier Drive, Martinez, 255 Glacier Drive, Martinez, and
1960 – 1980 Muir Road, Martinez, California project.
(2) DIRECT the Clerk of the Board to file with the County Recorder a certified copy of Resolution No. 2016/139 and
the attached Notice of Completion no later than fifteen (15) days after adoption.
FISCAL IMPACT:
There is no direct fiscal impact resulting from the adoption of the Resolution of Acceptance and Notice of
Completion, but the adoption and recording will limit the period for filing stop payment notices and bond claims on
this contract.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Ramesh Kanzaria, (925)
313-2000
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: PW Accounting, PW CPM Division Manager, PW CPM Project Manager, PW CPM Clerical, Auditor's Office, County Counsel's Office, County Administrator's Office,
County Administrator's Office
C. 76
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Adopt Resolution of Acceptance and Notice of Completion for the Photovoltaic Solar Systems at Six County
Facilities Project (WH269B)
March 29, 2016 Contra Costa County BOS Official Minutes 654
BACKGROUND:
Contra Costa County is one of the nineteen Bay Area Participating Agencies in the Regional Renewable Energy
Procurement (R-REP) project. As part of the preliminary work performed in preparation of the Request for
Proposals, Participating Agencies conducted feasibility studies on sites to determine technical adequacy and
financial benefit of installing solar power systems. Through this process, six sites were selected in Contra Costa
County to be included in the RFP. They are:
• West County Health Center, 13601 San Pablo Avenue, San Pablo
• Office of Emergency Services, 50 Glacier Drive, Martinez
• Juvenile Hall, 202 Glacier Drive, Martinez
• Public Works, 255 Glacier Drive, Martinez
• Sheriff Coroner – Forensic Science Center, 1960 Muir Road, Martinez
• Sheriff Patrol and Investigation, 1980 Muir Road, Martinez
Using a net present value analysis based on a system life of 25 years, this project will generate energy bill savings
of $10.9 million. Total costs including construction, and operations and maintenance is $6.3 million and
California Solar Initiative rebates amount to $1.1 million. The County’s net benefit over 20 years is $6.1 million.
On July 8, 2014, the Board of Supervisors awarded the construction contract to Team Solar, a wholly-owned
construction subsidiary of SunEdison, for the subject project. With the exception of the 202 Glacier Drive,
Martinez site due to PG&E delay, the above contract work has been completed in accordance with the approved
plans and specifications. It is recommended that the project be accepted by adoption a Resolution of Acceptance
and Notice of Completion (Resolution No. 2016/139). The amount of $50,101 will be withheld pending the
completion of the items on the attached withhold summary.
CONSEQUENCE OF NEGATIVE ACTION:
Accepting a contract as complete is standard procedure and allows for proper closeout of the contract. If the above
contract is not accepted as complete, the period for filing stop payment notices and bond claims may be extended.
ATTACHMENTS
Resolution No. 2016/139
Notice of Completion
Withhold Summary
March 29, 2016 Contra Costa County BOS Official Minutes 655
Recorded at the request of:Clerk of the Board of Supervisors
Return To:Capital Projects Management Division, 255 Glacier Drive, Martinez, CA 94553
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover,
District V Supervisor
NO:
ABSENT:Mary N. Piepho, District III Supervisor
ABSTAIN:
RECUSE:
Resolution No. 2016/139
IN THE MATTER OF: Accepting and Giving Notice of Completion of Contract with Team Solar Inc. a wholly-owned
construction subsidiary of SunEdison, for the Regional Renewable Energy Procurement (R-REP) Solar Photovoltaic Installations
at 13601 San Pablo Avenue, San Pablo, 50 Glacier Drive, Martinez, 202 Glacier Drive, Martinez, 255 Glacier Drive, Martinez,
and 1960 – 1980 Muir Road, Martinez, California project, Authorization No. WH269B
WHEREAS, on July 8, 2014, the County (Owner) contracted with Team Solar, Inc. a wholly owned subsidiary of SunEdison,
Inc. (General Contractor), for the Solar Photovoltaic Installation at 6 County sites, and
WHEREAS, the Director of Public Works reports that said work has been inspected and complies with the approved plans and
specifications, and recommends its acceptance as completed as of March 29, 2016.
NOW THEREFORE, BE IT RESOLVED that:
1. The contract work for the Solor Photovoltaic Installation at 6 County sites project, is accepted as recommended above.
2. Within (15) days after adoption of this Resolution, the Clerk of the Board shall file with the County Recorder a certified copy
of this Resolution and the attached Notice of Completion.
Contact: Ramesh Kanzaria, (925) 313-2000
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: PW Accounting, PW CPM Division Manager, PW CPM Project Manager, PW CPM Clerical, Auditor's Office, County Counsel's Office, County
Administrator's Office, County Administrator's Office
March 29, 2016 Contra Costa County BOS Official Minutes 656
Recorded at the request of:
Contra Costa County Public Works Dept.
Capital Projects Management Div.
When recorded, return to:
Contra Costa County Public Works Dept.
Capital Projects Management Div.
255 Glacier Drive
Martinez, CA 94553
NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS GIVEN of completion of the following public work of improvement:
(1) Project name: Regional Renewable Energy Procurement (R-REP) Solar Photovoltaic Installations
at 13601 San Pablo Avenue, San Pablo, 50 Glacier Drive, Martinez, 202 Glacier Drive, Martinez,
255 Glacier Drive, Martinez, and 1960 – 1980 Muir Road, Martinez, California
(2) Date of completion: March 29, 2016
(3) Name and address of Owner: Contra Costa County, c/o Contra Costa County Public Works
Department, Capital Projects Management Division, 255 Glacier Drive, Martinez, CA 94553
(4) Name and address of Direct Contractor: Team Solar Inc. a wholly-owned construction subsidiary
of SunEdison, 600 Clipper Drive, Belmont, CA 94002
(5) Name and address of Construction Lender: None
(6) Description of sites: 13601 San Pablo Avenue, San Pablo, 50 Glacier Drive, Martinez, 202
Glacier Drive, Martinez, 255 Glacier Drive, Martinez, and 1960 – 1980 Muir Road, Martinez,
California
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I
am the agent of the Owner named above, that I have read this Notice, that I know and understand the
contents, and that the facts stated in the Notice are true and correct.
Dated: March 29, 2016
Ramesh Kanzaria
Contra Costa County Public Works Dept.
Capital Projects Management Div.
March 29, 2016 Contra Costa County BOS Official Minutes 657
March 29, 2016 Contra Costa County BOS Official Minutes 658
March 29, 2016 Contra Costa County BOS Official Minutes 659
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee to amend a contract with Macias Gini &
O'Connell, LLP, effective June 1, 2016, to extend the term from May 31, 2016 through May 31, 2018 and increase
the payment limit by $718,845 to a new payment limit of $1,720,900 for continued professional auditing services for
the Countywide and Single Audit.
FISCAL IMPACT:
General Fund allocation for the mandated audits is included in the Board of Supervisors - Administration budget.
100% County General Fund.
BACKGROUND:
The California Government Code requires the Board of Supervisors to examine and audit the accounts of all offices
having the care, management, collection or disbursement of money belonging to the County or money received or
disbursed by them under the authority of the law. In addition, an audit of the County's Federal Financial Assistance
Programs is required under the current Single Audit Act.
On April 17, 2013, the County issued a Request for Proposals (RFP) for Professional Auditing Services. Three firms
submitted proposals. After a panel review and interviews, Macias Gini & O’Connell, LLP (MGO) was selected to
serve the County for the next three years with the option of renewing for an additional two years. The County
Administrator’s Office wishes to exercise this option.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Lisa Driscoll, (925)
335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Robert Campbell, County Auditor-Controller
C. 70
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:Amend & Extend Professional Auditing Services for the Countywide Single Audit with Macias Gini & O'Connell,
LLP
March 29, 2016 Contra Costa County BOS Official Minutes 660
CONSEQUENCE OF NEGATIVE ACTION:
The County will be unable to comply with the California Government Code and the Single Audit Act.
March 29, 2016 Contra Costa County BOS Official Minutes 661
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the on behalf
of the Workforce Development Board (WDB), to amend the contract with Contra Costa County Office of Education
effective January 1, 2016 to add Youth Ecology Corps services and increase payment limit by $50,000 from the
original $750.000 to an amount not to exceed $800,000 for Workforce Innovation and Opportunity Act (WIOA)
In-School and Out-of-School Youth Services for the period July 1, 2015 through June 30, 2016. (No County Costs,
100% Federal WIOA funding.)
FISCAL IMPACT:
$800,000 No County Costs; 100% Federal Workforce Investment Act Youth Funding.
BACKGROUND:
In March 2014 the Employment and Human Services Department, on behalf of the Workforce Development Board of
Contra Costa (WDB) and The Youth Council, awarded contracts under Request for Proposal #1134 for in-school,
out-of-school, and follow-up youth services as mandated by the Workforce Investment Act (WIA). The Youth
Council and WDB awarded one of three contracts to
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Gina Chenoweth 3-1648
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amend Agreement with Contra Costa Office of Education for In-School and Out-of-School Youth Development
March 29, 2016 Contra Costa County BOS Official Minutes 662
BACKGROUND: (CONT'D)
Contra Costa County Office of Education for the provision of comprehensive Workforce Investment Act (WIA)
youth development services to 116 eligible in-school and out-of-school youth ages 16 to 21 years old who are most in
need, including Foster youth, Homeless youth, and other in-risk youth. CCCOE will partner with the Chavez Center
to deliver services to out-of-school youth in the Reconnecting Youth to Their Futures category in Central County.
Youth Development Services (YDS) and the Chavez Center will provide a broad range of case management,
coordinated services and skill development opportunities that promote educational goals both in attainment of
diploma/GED and certificates in industry-recognized sectors. YDS will connect with the career pathways and career
technical education in each district and provide avenues for students to connect and thrive. As of January 2016,
addition services supporting Youth Ecology Corps were added and current Workforce Innovation and Opportunity
(WIOA) replaced earlier WIA conditions (#18-356-2)
CONSEQUENCE OF NEGATIVE ACTION:
In-School and Out-of-School Youth will not receive assistance in overcoming barriers to employment, job readiness,
educational programs, or career training.
CHILDREN'S IMPACT STATEMENT:
The contract supports all five of the community outcomes established in the Children’s Report Card: 1)”Children
Ready for and Succeeding in School”, 2) “Children and Youth Healthy and Preparing for productive Adulthood”, 3)
“Families that are Economically Self-Sufficient”, 4) “Families that are Safe, Stable and Nurturing”, and 5)
“Communities that are safe and Provide a High Quality of Life for Children and Families by training and providing
employment opportunities for youth.
March 29, 2016 Contra Costa County BOS Official Minutes 663
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract
amendment with Aspiranet, a Non-Profit Corporation, effective March 1, 2016, increasing the payment limit by
$140,218 to a new payment limit of $396,418 for continued receiving center services for the period July 1, 2015
through June 30, 2016. (30% County, 70% State)
FISCAL IMPACT:
$396,418: 30% County, 70% State.
BACKGROUND:
This amendment will add $140,218 to the contract for additional services provided by the Receiving Center that
serves as the hub of the Employment and Human Services Department (EHSD) emergency shelter system. It provides
temporary care to children who have been taken into protective custody and children and youth who are transitioning
into foster placements. The Receiving Center offers a homelike setting and is designed to promote stability in
placement, focus on the needs of the individual child, minimize move, and supports permanency at the early stages of
EHSD intervention.
CONSEQUENCE OF NEGATIVE ACTION:
Contractor will not be fairly compensated for services provided.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: V. Kaplan, 3-1514
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amend Contract with Aspiranet
March 29, 2016 Contra Costa County BOS Official Minutes 664
CHILDREN'S IMPACT STATEMENT:
This contract supports all five community outcomes: (1) "Children Ready for and Succeeding in School"; (2)
"Children and Youth Healthy and Preparing for Productive Adulthood"; (3)"Families that are Economically
Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5)"Communities that are Safe and Provide a
High Quality of Life for Children and Families” by providing a homelike environment for children entering the
Child Welfare system.
March 29, 2016 Contra Costa County BOS Official Minutes 665
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Department, or designee, to execute a contract
amendment with Community Violence Solutions, a non-profit corporation, effective March 1, 2016, increasing the
payment limit by $24,000 to a new payment limit of $166,000 for the continued operation of the Children's Interview
Center, with no change in the contract term of July 1, 2015 through June 30, 2016. (7% Federal, 7% State, 26%
County, 60% Local Law Enforcement Agencies)
FISCAL IMPACT:
$166,000: 7% Federal, 7% State, 26% County (12% EHSD and 14% Sheriff's Department), and 60% Local Law
Enforcement Agencies.
BACKGROUND:
Community Violence Solutions in collaboration with the Employment and Human Services Department (EHSD), the
Sheriff's Department, and local Law Enforcement Agencies (LEA) operates the multidisciplinary Children's
Interview Center (CIC). CIC provides forensic interviews and/or forensic exams to child victims of sexual abuse and
trafficking. It provides skilled interviewers in a child-friendly setting to decrease the
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: V. Kaplan, 3-1514
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 83
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amend Contract with Community Violence Solutions for the Operation of the Children's Interview Center
March 29, 2016 Contra Costa County BOS Official Minutes 666
BACKGROUND: (CONT'D)
child's trauma by minimizing the number of interviews, and it has implemented standardized evidence collection
processes that increased the number of cases prosecuted.
Increased funding will allow the CIC to increase services to child victims of sexual abuse.
CONSEQUENCE OF NEGATIVE ACTION:
Without increased funding, the CIC would be unable to increase services to child victims of sexual abuse.
CHILDREN'S IMPACT STATEMENT:
The contract supports three of the five community outcomes established in the Children’s Report Card: 2)"Children
and Youth Healthy and Preparing for Productive Adulthood"; 4) "Families that are Safe, Stable and Nurturing"; and
5) "Communities that are Safe and Provide a High Quality of Life for Children and Families” by immediately
addressing the needs of children abused or at risk of child abuse.
March 29, 2016 Contra Costa County BOS Official Minutes 667
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract
amendment with Community Violence Solutions, Inc. effective February 1, 2016 to increase the payment limit by
$55,000 to a new payment limit of $128,881, for additional crisis intervention and advocacy services to
commercially exploited youth and families for period of July 1, 2015 through June 30, 2016. (County 57%, State
27%, Federal 16%).
FISCAL IMPACT:
$128,881; (County 57.3%, State 27.1%, Federal 15.6%).
BACKGROUND:
The Employment and Human Services Department contacts with Community Violence Solutions (CVS) to provide
crisis intervention and advocacy services to victims of sexual assault, rape, human trafficking, domestic violence, and
stalking in Contra Costa County as part of Contra Costa County's Zero Tolerance for Domestic Violence Initiative.
Service include: providing a Sexual Assault Response Team, staffing the Rape Crisis Line 24/7, providing
comprehensive, coordinated services to commercially sexually exploited youth and families, providing leadership to
the Anti-Human
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Gina Chenoweth 3-1648
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amend Contract with Community Violence Solutions, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 668
BACKGROUND: (CONT'D)
Trafficking Coalition, providing outreach, education, training, and systems change advocacy. Additionally, CVS will
now provide a designated Case Manager and Survivor Outreach Worker to increase identification, outreach, and
services to victims of commercial sexual exploitation and at-risk youth. (19-614-7)
CONSEQUENCE OF NEGATIVE ACTION:
Fewer victims of commercial sexual exploitation and at-risk youth will be identified, or receive intervention and/or
advocacy services.
CHILDREN'S IMPACT STATEMENT:
The Zero Tolerance for Domestic Violence Initiative services provided under this contract supports all five of Contra
Costa County’s community outcomes: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth
Healthy and Preparing for Productive Adulthood"; (3)"Families that are Economically Self-Sufficient"; (4) "Families
that are Safe, Stable and Nurturing"; and (5)"Communities that are Safe and Provide a High Quality of Life for
Children and Families.”
March 29, 2016 Contra Costa County BOS Official Minutes 669
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract
amendment with Jewish Vocational and Career Counseling Services, effective March 1, 2016, decreasing the
payment limit by $69,451 to a new payment limit of $157,619 to provide medical assistant career training and
internship services to job seekers under the federal Workforce Investment/Workforce Innovation and Opportunity
Acts and CalWORKS for the period of May 1, 2015 through June 30, 2016. (100% Federal)
FISCAL IMPACT:
$157,619: 100% Federal ($20,237 CalWORKs; $137,382 WIA/WIOA)
BACKGROUND:
This decrease in the payment limit is due to Jewish Vocational and Career Counseling Services (JVS) receiving
additional Dislocated Worker (DW) funding that they will dedicate to this program thereby decreasing the cost of the
WDB portion of the training cohort. The increased
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: V. Kaplan, 3-1514
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amend Contract with Jewish Vocational and Career Counseling Services
March 29, 2016 Contra Costa County BOS Official Minutes 670
BACKGROUND: (CONT'D)
JVS Dislocated Worker funds will also allow an additional cohort training that will be designated for dislocated
worker WIOA eligible individuals.
JVS has partnered with John Muir Health for over two years and has established an employer-driven, sector strategy
training, consisting of ten weeks of hands-on training at the John Muir Campus in Walnut Creek, followed by a
3-month paid internship to eligible WIOA and CalWORKs enrolled job seekers. In addition to ten weeks of
classroom training, services will include outreach, recruitment, interviewing, curriculum development, and work
experience assessment of program participants.
CONSEQUENCE OF NEGATIVE ACTION:
Funds from the Workforce Investment Act (WIA)/Workforce Innovation and Opportunity Act of 2014 (WIOA) and
California Work Opportunity and Responsibility to Kids (CalWORKs) will not be available for other uses.
CHILDREN'S IMPACT STATEMENT:
The contract supports all five of the of the community outcomes established in the Children's Report Card: (1)
"Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive
Adulthood"; (3)"Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing";
and (5)"Communities that are Safe and Provide a High Quality of Life for Children and Families by training and
providing employment opportunities for job seekers and dislocated workers.”
March 29, 2016 Contra Costa County BOS Official Minutes 671
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #24-403-15 with Jon Whalen, M.D., an individual, effective April 1, 2016, to amend
Contract #24-403-14, to increase the payment limit by $176,000, from $300,800 to a new payment limit of
$476,800 with no change in the original term of February 1, 2016 through January 31, 2017.
FISCAL IMPACT:
This Contract is funded 50% by Mental Health Realignment Funds and 50% Federal Financial Participation. (No
rate increase)
BACKGROUND:
On December 8, 2015, the Board of Supervisors approved Contract #24-403-14
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon 925 957
5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: D Morgan, M Wilhelm
C. 86
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment #24-403-15 with Jon Whalen, M.D.
March 29, 2016 Contra Costa County BOS Official Minutes 672
BACKGROUND: (CONT'D)
with Jon Whalen, M.D., for the provision of professional outpatient psychiatric services, including acting on behalf
of the County as the Mental Heath Director for Behavioral Health, for the period from February 1, 2016 through
January 31, 2017.
Approval of Contract Amendment Agreement #24-403-15 will allow Contractor to provide additional hours of
outpatient psychiatric services through January 31, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not receive additional outpatient psychiatric services.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 673
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #25-066-8 with Shelter Inc. of Contra Costa County, a non-profit corporation, effective
April 1, 2016, to amend Contract #25-066-7, to increase the payment limit by $366,509, from $1,209,417 to a new
payment limit of $1,575,926, with no change in the original term of July 1, 2015 through June 30, 2016.
FISCAL IMPACT:
This amendment is funded 11% Housing and Urban Development; and 89% CalWorks Housing Support Grant to
EHSD. (No rate increase)
BACKGROUND:
On July 7, 2015, the Board of Supervisors approved Contract #25-066-7 with Shelter Inc. of Contra Costa County
for the provision of supportive housing services for homeless families, for the period from July 1, 2015 through June
30, 2016. The Homeless Program received additional funds from the Employment & Human Services Department to
support the contract with Shelter Inc. of Contra Costa County. Approval of Contract Amendment Agreement
#25-066-8 will allow the Contractor to provide additional supportive housing services for homeless families, through
June 30, 2016
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon 957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: A Floyd, M Wilhelm
C. 88
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment #25-066-8 with Shelter Inc. of Contra Costa County
March 29, 2016 Contra Costa County BOS Official Minutes 674
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, homeless families in Contra Costa County will not receive the housing assistance
services provided by the Contractor.
CHILDREN'S IMPACT STATEMENT:
NOT APPLICABLE
March 29, 2016 Contra Costa County BOS Official Minutes 675
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #25-071-1 with Public Health Foundation Enterprise, a non-profit corporation, effective
February 8, 2016, to amend Contract #25-071, to increase the payment limit by $500,000, from $3,571,148 to a new
payment limit of $4,071,148, with no change in the original term of April 1, 2015 through June 30, 2016.
FISCAL IMPACT:
This Contract Amendment Agreement is funded 33% Federal Funds, 64% State Funds, 3% Local Agencies including
Contra Costa Employment and Human Services Department, Housing Authority of Contra Costa County and County
General Fund. (No rate increase)
BACKGROUND:
On April 14, 2015, the Board of Supervisors approved Contract #25-071 with Public Health Foundation Enterprise
for the provision of shelter, transitional and permanent supportive housing program for homeless youth and adults in
Contra Costa County, for the period from April 1, 2015 through June 30, 2016. At the time of negotiations, the
payment limit was based on target levels of utilization. However, the utilization during the term of the agreement was
higher than originally anticipated. Approval of Contract Amendment Agreement #25-071-1 will allow the Contractor
to provide emergency shelter and respite services to additional homeless youth and adult clients through June 30,
2016.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon, 957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: A Floyd, M Wilhelm
C. 72
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment #25-071-1 with Public Health Foundation Enterprise
March 29, 2016 Contra Costa County BOS Official Minutes 676
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, County’s homeless clients will experience longer wait times for shelter and
respite services.
CHILDREN'S IMPACT STATEMENT:
NOT APPLICABLE
March 29, 2016 Contra Costa County BOS Official Minutes 677
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #27-875-4 with Clarity Software Solutions, Inc., a corporation, effective February 1, 2016, to
amend Contract #27-875-3 to increase the payment limit by $1,500,000, from $4,000,000 to a new payment limit of
$5,500,000, with no change in the original term of July 1, 2015 through June 30, 2017.
FISCAL IMPACT:
This amendment is funded 100% Contra Costa Health Plan Enterprise Fund II. (Rate increase)
BACKGROUND:
On June 16, 2015, the Board of Supervisors approved Contract #27-875-3 with Clarity Software Solutions, Inc., for
the provision of professional printing, publication, distribution and technical assistance for CCHP Member materials,
for the period from July 1, 2015 through June 30, 2017. The Division is requesting a contract payment limit increase
due to an increase in member identification cards, member handbooks, facility directories and an increased level of
services including but not limited to: mobile service and related support services, electronic transmittal in XML
format and other required items in the CCHP product line. Approval of Contract Amendment Agreement #27-875-4
will allow the Contractor to provide additional printing services through June 30, 2017.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Patricia Tanquary,
925-313-6004
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: K Cyr, M Wilhelm
C. 74
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment #27-875-4 with Clarity Software Solutions, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 678
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, new members requiring membership cards and other related new member
materials will not have access to Contractor’s services.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 679
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County,
Amendment/Extension Agreement #25–012–34 with The Center for Common Concerns, Inc. (dba HomeBase), a
non-profit corporation, effective March 1, 2016, to amend Contract #25-012-33, to increase the payment limit by
$84,525 to a new payment limit of $305,509 and extend the termination date from September 30, 2016 through
December 31, 2016.
FISCAL IMPACT:
This Contract is funded 33% Federal Medi-Cal Administrative Activities (MAA), 44% budgeted County General
funds and 33% Medi-Cal Administrative Activities/Housing and Urban Development. (No rate increase)
BACKGROUND:
On December 8, 2015, the Board of Supervisors approved Contract #25–012–33 with The Center for Common
Concerns, Inc. (dba HomeBase), for the period from October 1, 2015 through September 30, 2016, for the provision
of consultation and technical assistance to the Department with regard to the Continuum of Care planning and
resource development, including grant-writing
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon, 957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: T Scott, M Wilhelm
C. 82
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment/Extension Agreement #25–012–34 with The Center for Common Concerns, Inc. (dba HomeBase)
March 29, 2016 Contra Costa County BOS Official Minutes 680
BACKGROUND: (CONT'D)
services for County’s McKinney-Vento application.
Approval of Amendment/Extension Agreement #25–012–34 will allow the Contractor to provide additional services
and extend the term through December 31, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment/extension is not approved, County will no longer have the expertise needed to meet all federal
guidelines to secure maximum McKinney-Vento funding required to implement the 10-year plan to eliminate
homelessness in Contra Costa County.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 681
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment/Extension Agreement #23-588-2 with Vyend, LLC, a limited liability company, effective June 30, 2016,
to amend Contract #23-588-1, to increase the payment limit by $480,000, from $228,000 to a new payment limit of
$708,000, and extend the termination date from June 30, 2016 through June 30, 2018.
FISCAL IMPACT:
This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
On July 7, 2015, the Board of Supervisors approved Contract #23-588-1 with Vyend, LLC for the provision of
management and technical assistance in the Departments’ Information Technology Unit’s Project Management
Office, for the period from July 1, 2015 through June 30, 2016.
Approval of Contract Amendment/Extension Agreement #23-588-2 will allow the Contractor to continue to provide
management and technical assistance to the Department’s Information Technology Unit, through June 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: David Runt, 313-6228
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Tasha Scott, Marcy Wilhelm
C. 80
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment//Extension Agreement #23-588-2 with Vyend, LLC
March 29, 2016 Contra Costa County BOS Official Minutes 682
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, the Department will not have access to Contractor’s services beyond June 30,
2016.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 683
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74–424-5 with David A. Schwartz, M.D., an individual, in an amount not to exceed $145,600 to provide outpatient
psychiatric services, for the period from May 1, 2016 through April 30, 2017.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No rate increase)
BACKGROUND:
On April 21, 2015 the Board of Supervisors approved Contract #74-424-4 with David A. Schwartz, M.D., for the
period from May 1, 2015 through April 30, 2016 for the provision of outpatient psychiatric services for adults in
Central Contra Costa County. Approval of Contract #74-424-5 will allow Contractor to continue providing services
through April 30, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, clients requiring psychiatric services will not have access to Contractor’s services.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon,
925-957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: K Cyr, M Wilhelm
C. 89
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Approval of Contract #74–424-5 with David A. Schwartz, M.D.
March 29, 2016 Contra Costa County BOS Official Minutes 684
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Bear Electrical
Solutions, Inc., in an amount not to exceed $500,000 for general electrical repairs and maintenance, for the period
from April 1, 2016 through January 31, 2019 Countywide.
FISCAL IMPACT:
This cost is to be funded through Facilities Services maintenance budget. (100% General Funds)
BACKGROUND:
Facilities Services has been tasked with several requests for electrical upgrades to County facilities. With an
improved County budget and Facility Life Implementation Plan, the work orders have begun to amass. The amount of
work has surpassed Facilities’ ability to conduct work in a timely manner with the current staff. Bidsync # 1510-160
solicited several electrical contractors interested in performing sublet work for Facilities Services. Bear Electrical
Solutions was selected for general electrical repairs and maintenance.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Stan Burton, (925)
313-7077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 64
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE a contract with Bear Electrical Solutions, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 685
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, general electrical repairs and maintenance services will be discontinued.
March 29, 2016 Contra Costa County BOS Official Minutes 686
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with DC Electrical
Group, Inc., in an amount not to exceed $500,000 for general electrical, airport electrical and lighting repairs and
maintenance, for the period from April 1, 2016 through January 31, 2019, Countywide.
FISCAL IMPACT:
This cost is to be funded through Facilities Services maintenance budget. (100% General Funds)
BACKGROUND:
Facilities Services has been tasked with several requests for electrical upgrades to County facilities. With an
improved County budget and Facility Life Implementation Plan, the work orders have begun to amass. The amount of
work has surpassed Facilities’ ability to conduct work in a timely manner with the current staff. Bidsync # 1510-160
solicited several electrical contractors interested in performing sublet work for Facilities Services. DC Electrical
Group was selected for general electrical, airport electrical and lighting repairs and maintenance.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Stan Burton, (925)
313-7077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE a contract with DC Electrical Group, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 687
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, general electrical, airport electrical and lighting repairs and maintenance services will
be discontinued.
March 29, 2016 Contra Costa County BOS Official Minutes 688
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with DMZ Builders, in
an amount not to exceed $1,000,000 for general electrical, airport electrical and lighting repairs and maintenance, for
the period from April 1, 2016 through January 31, 2019, Countywide.
FISCAL IMPACT:
This cost is to be funded through Facilities Services maintenance budget. (100% General Funds)
BACKGROUND:
Facilities Services has been tasked with several requests for electrical upgrades to County facilities. With an
improved County budget and Facility Life Implementation Plan, the work orders have begun to amass. The amount of
work has surpassed Facilities’ ability to conduct work in a timely manner with the current staff. Bidsync # 1510-160
solicited several electrical contractors interested in performing sublet work for Facilities Services. DMZ Builders was
selected for general electrical, airport electrical and lighting repairs and maintenance.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Stan Burton, (925)
313-7077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE a contract with DMZ Builders
March 29, 2016 Contra Costa County BOS Official Minutes 689
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, general electrical, airport electrical and lighting repairs and maintenance services will
be discontinued.
March 29, 2016 Contra Costa County BOS Official Minutes 690
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with T. Marshall
Associates, LTD., in an amount not to exceed $2,000,000.00 for general electric and lighting repairs and
maintenance, for the period from April 1, 2016 through January 31, 2019. Countywide (100% General Funds)
FISCAL IMPACT:
This cost is to be funded through Facilities Services maintenance budget. (100% General Funds)
BACKGROUND:
Facilities Services has been tasked with several requests for electrical upgrades to County facilities. With an
improved County budget and Facility Life Implementation Plan, the work orders have begun to amass. The amount of
work has surpassed Facilities’ ability to conduct work in a timely manner with the current staff. Bidsync # 1510-160
solicited several electrical contractors interested in performing sublet work for Facilities Services. T. Marshall
Associates was selected for general electric and lighting repairs and maintenance.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Stan Burton, (925)
313-7077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 59
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE a contract with T. Marshall Associates
March 29, 2016 Contra Costa County BOS Official Minutes 691
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, general electric and lighting repairs and maintenance services will be discontinued.
March 29, 2016 Contra Costa County BOS Official Minutes 692
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with West Coast Electric
Services Company, Inc., in an amount not to exceed $500,000 for general electrical, main switchgear and infrared
testing, repairs and maintenance, for the period from April 1, 2016 through January 31, 2019, Countywide.
FISCAL IMPACT:
This cost is to be funded through Facilities Services maintenance budget. (100% General Funds)
BACKGROUND:
Facilities Services has been tasked with several requests for electrical upgrades to County facilities. With an
improved County budget and Facility Life Implementation Plan, the work orders have begun to amass. The amount of
work has surpassed Facilities’ ability to conduct work in a timely manner with the current staff. Bidsync # 1510-160
solicited several electrical contractors interested in performing sublet work for Facilities Services. West Coast
Electric Services was selected for general electrical, main switchgear and infrared testing, repairs and maintenance.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Stan Burton, (925)
313-7077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 60
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE a contract with West Coast Electric Services Company, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 693
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, general electrical, main switchgear and infrared testing, repairs and maintenance
services will be discontinued.
March 29, 2016 Contra Costa County BOS Official Minutes 694
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with LSA
Associates, Inc., effective March 15, 2016, to increase the payment limit by $15,000 to a new payment limit of
$115,000 and extend the termination date from June 16, 2016 to December 31, 2016 for additional necessary work
associated with the Kirker Pass Road North Bound Truck Lane Project, Project No. 0662-6R4052, Concord area.
(District IV/V)
FISCAL IMPACT:
37% Local Road Funds, 37% Measure J, 15% STIP-RIP and 11% State Match Funds
BACKGROUND:
Contra Costa County Public Works Department (Dept.) plans to improve the traffic flow on Kirker Pass Road by
constructing a truck climbing lane in the northbound direction from Clearbrook Drive in the City of Concord to the
northern Hess Road intersection.
The Project required specialized environmental analysis, assessments, technical studies, and associated reports to
ensure environmental compliance, in accordance with the standards and protocols pursuant
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Trina Torres, (925)
313-2176
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 66
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:APPROVE and AUTHORIZE a contract amendment with LSA Associates, Inc., Concord area. (District IV/V)
March 29, 2016 Contra Costa County BOS Official Minutes 695
BACKGROUND: (CONT'D)
to the following environmental laws and regulations: National Environmental Policy Act, the California
Environmental Quality Act, East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan
(HCP), the Clean Water Act, the Porter-Cologne Water Quality Act, and the State and Federal Endangered Species
Acts.
On June 16, 2014, the Public Works Department entered into a standard contract with LSA Associates, Inc. in the
amount not to exceed $100,000 for environmental services for the Project. This amendment to the Contract is
recommended due to the County’s need for Contractor to provide extra work at an additional cost (the HCP Planning
Survey Report requires unanticipated additional revision).
All other terms and conditions of the original Contract, and this amendment between the County and the Contractor
shall remain in full force and effect.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval, the remaining work will not be completed to obtain the necessary environmental clearances
which may jeopardize funding and cause delays with construction.
March 29, 2016 Contra Costa County BOS Official Minutes 696
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply and accept the Board of State &
Community Corrections, FY 2015-2016 Strengthening Law Enforcement and Community Corrections Grant in an
initial amount of $600,000 for support of a proposed two-year program designed to collaborate with non-profit
organizations and community members to develop strategies in neighborhoods disproportionally affected by poverty,
crime, at-risk or vulnerable populations, and general quality of life issues.
FISCAL IMPACT:
$600,000, 100% State funds, 20% County match, 30% pass through to community partner(s), and required set-aside
funds of 5% or not less than $20,000 allotted for Local Evaluation Plan and related data collection.
BACKGROUND:
The Strengthening Law Enforcement and Community Relations Grant is intended to fund collaborative law
enforcement-community partnerships that aim to improve, strengthen, establish or reestablish positive and
meaningful relationships between law enforcement and the communities they serve. The Office of the Sheriff is
proposing to work in partnership with the YMCA of
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 84
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Board of State & Community Corrections Grant
March 29, 2016 Contra Costa County BOS Official Minutes 697
BACKGROUND: (CONT'D)
the USA, Housing Authority of Contra Costa County, the Head Start Program, LifeLong Medical, John Swett
Unified School District, and the Bayo Vista Resident Council to address current and emerging issues impacting
at-risk youth in the Bayo Vista Housing Development in the city of Rodeo. The main goal of our proposal is to
promote public trust and reaffirm our guardianship role within the Bayo Vista community. A heightened focus will
be placed on the issues of poverty, education, delinquency, health, and public safety and facilitating an achievable
path for betterment through collaboration, positive interaction, creative programming, and successful resource
allocation. The grant period for these funds is July 1, 2016 through the end of the grant funding and grantees have
two years to spend funds. The maximum allowable grant amount is $600,000 for individual agencies with a 20%
local match, 30% pass-through to designated partners and 5% allocation for data collection and evaluation. The local
match obligation can be met through cash or in-kind matching funds, or combination of both. The Office of the
Sheriff is seeking $600,000 in funding to assign a full-time deputy to the Bayo Vista Housing Development for the
first year and a half-time funded deputy for the second year to oversee and coordinate the program. Additional
funding (30%) will be provided to our non-profit counterparts, and remaining funding used for associated
resources/materials specific to the program.
CONSEQUENCE OF NEGATIVE ACTION:
A decision not to pursue grant funding would preclude the Office of the Sheriff’s efforts to develop a more
comprehensive service delivery model and enhanced outreach to the Bayo Vista community.
CHILDREN'S IMPACT STATEMENT:
The loss of needed services for at-risk youth residing in the Bayo Vista Housing Development.
March 29, 2016 Contra Costa County BOS Official Minutes 698
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County,
Cancellation Agreement #26-506-5 with East Bay Perinatal Medical Associates, a general partnership, effective at
the close of business on December 31, 2015.
FISCAL IMPACT:
This Contract is funded 100% Hospital Enterprise Fund I.
BACKGROUND:
On February 11, 2014, the Board of Supervisors approved Contract #26-506-4 with East Bay Perinatal Medical
Associates for the provision of perinatology services, for the period from January 1, 2014 through December 31,
2016. In accordance with General Conditions Paragraph 5 (Termination), of the Contract, the Department and
Contractor have agreed to a mutual cancellation of this Contract. Approval of Cancellation Agreement #26-506-5
will accomplish this termination, effective at the close of business on December 31, 2015.
CONSEQUENCE OF NEGATIVE ACTION:
Not Applicable
CHILDREN'S IMPACT STATEMENT:
Not Applicable
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Samir Shah, M.D.,
925-370-5425
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: K Cyr, M Wilhelm
C. 87
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Cancellation Agreement #26-506-5 with East Bay Perinatal Medical Associates
March 29, 2016 Contra Costa County BOS Official Minutes 699
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Chief Information Officer, (1) a
purchase order with CA, Inc., in an amount not to exceed $362,509 and (2) an order form for the renewal of software
licenses and maintenance for the County Property Tax, Finance, and Law and Justice Information systems for the
period March 31, 2016 through March 30, 2019.
FISCAL IMPACT:
$362,508.30; $120,836.10 annually for three years. Funded by departmental user fee.
BACKGROUND:
The County is party to an agreement with CA, Inc. (formerly known as Computer Associates International, Inc.), for
the license and support of software used by the County Property Tax, Finance, and Law and Justice Information
Systems. The applications are used for property tax, finance, and law and justice information systems. Renewal of the
licenses and support for the next three years will occur by execution of the order form and issuance of the purchase
order to make payment for amounts due under the purchase order.
In accordance with Administrative Bulletin No 611.0, County Departments are required to obtain Board approval for
single item purchases over $100,000. The County Administrator's office has reviewed this request and recommends
approval.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 77
To:Board of Supervisors
From:Ed Woo, Chief Information Officer
Date:March 29, 2016
Contra
Costa
County
Subject:Computer Associates (CA) Software License and Maintenance Renewal
March 29, 2016 Contra Costa County BOS Official Minutes 700
CONSEQUENCE OF NEGATIVE ACTION:
Without the renewal of these licenses and support, the County will be unable to operate its property tax, finance
and law and justice information systems. This will directly impact the County's ability to operate and perform
mandated functions.
ATTACHMENTS
CA Order Form
March 29, 2016 Contra Costa County BOS Official Minutes 701
CA Order Form
Contract Number: 16054219
Version 2
Page 1 of 2 2/29/2016 11:15 AM
CA, Inc., 2291 Wood Oak Drive Herndon, Virginia 20171 (“CA”)
Effective Date of this Order Form: 3/31/2016
Customer Name: CONTRA COSTA COUNTY (which may be referred to as “Customer” or “You” or
“Licensee” in the referenced Governing Contract below”) Customer ID No: 8585
Customer Address: 30 Douglas Dr, Martinez, CA, 94553-4068
Billing Address: 30 Douglas Dr, Martinez, CA, 94553-4068
Billing Contact: ARLENE SERRANO Phone: 925-313-1323 E-mail: aserr@doit.co.contra-costa.ca.us
Shipment Address: 30 Douglas Dr, Martinez, CA, 94553-4068
Shipping Contact: ED WOO Territory: (if blank, US only)
Technical Contact: ED WOO Phone: 925-383-2688 E-mail: ewoo@doit.cccounty.us
Name of Governing Contract: License Agreement 200520-
001 dated 3/31/1989(Exhibit A waived), as amended
last by Order Form dated 3/31/2002 (“Master
Agreement” with respect to CA Software and CA Support)
Governing Contract No.: LM-
200520-001
Applicable supplementary terms: CA Software and Education, if applicable is licensed pursuant to
Specific Program Documentation identifying third party licensors and licensing model definitions
at http://www.ca.com/licenseagreement. Maintenance, if ordered, is provided pursuant to the CA
Support policies at http://support.ca.com.
For Customer Administrative Purposes Only:
PO Required?
PO #:
Due Date Total Fees Due
3/31/2016 $120,836.10 USD
3/15/2017 $120,836.10 USD
3/15/2018 $120,836.10 USD
CA Mainframe Software Information (USD)
Mainframe CA Software Support License
Type
Operating
System
Authorized Use
Limitation
Start Date** End Date Ship
(Y/N)
CA One TAPE MANAGEMENT Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA Copycat Utility Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA Workload Automation CA 7 Edition Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA Workload Automation Restart Option for Z/OS
Schedulers
Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA OLQ® Online Query for CA-IDMS™ Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA IDMS™ Online Log Display Option Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA IDMS™ Dictionary Migrator Option Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA ADS Alive Option Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA IDMS™/DB Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA ADS for CA-IDMS™ Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA Culprit™ for CA-IDMS™ Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA IDMS™/DC Option Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA PDSMAN® PDS Library Management ALL 5
COMPONENTS
Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA Vtape Virtual Tape System Standard UMF MVS 10-Tape Device 03/31/2016 03/30/2019 No
CA Endevor® Software Change Manager Standard UMF MVS 90-MIPS 03/31/2016 03/30/2019 YES
CA Sort NOT Supported UMF MVS 90-MIPS 03/31/2016 03/30/2019 No
CA Mainframe Software Fee Total Fee (USD)
License and/or Support (UMF) Fee $362,508.30
Migration
The Product(s) listed in the table below under the column “Original Product(s)” have been terminated and replaced with the Product(s) listed
under the column “Migrated Product(s)”.
In consideration of the termination of the Original Product(s) licenses, CA makes available to Customer licenses of the Migrated Product(s).
Customer shall cease using and de-install the Original Product(s) following a transition period not to exceed 90 days, as of the date of receipt
of the Migrated Product(s);
All financial obligations relating to the Original Product(s) remain valid and enforceable and are applicable to the Migrated Product(s), and
March 29, 2016 Contra Costa County BOS Official Minutes 702
CA Order Form
Contract Number: 16054219
Version 2
Page 2 of 2 2/29/2016 11:15 AM
The Migrated Product(s) are subject to the Agreement and this Order Form.
CA Contract # Original Product(s) Original Authorized
Use Limitation
Migrated Product(s) New Authorized
Use Limitation
40182658
CA Panvalet®
CA Panvalet® Option for ISPF
CA Panvalet® Option for TSO
90-MIPS CA Endevor® Software Change Manager 90-MIPS
Unsupported
Notwithstanding anything contained herein or in the License Agreement to the contrary, Licensee understands and acknowledges that CA Sort (the
“Unsupported Program(s)”) is/are not currently supported by CA, which means that CA will not provide telephone support, fixes , enhancements,
new releases or modifications of the Unsupported Program. CA’s express warranty respecting the performance or operation of the Licensed
Programs shall not apply to the Unsupported Program.
Mainframe CPU Information
As of the Effective Date of this Order Form, Customer is running the Mainframe CA Software with the Authorized Use Limitation as listed in the
above grid on the following CPU(s):
Make Model Serial Number Location
IBM 2098-H01 33D16 As above
**If no date stated, the start date is the Effective Date of the Order Form. The dates set out in the CA Software tables shall in no way be deemed to
impact or change the Effective Date of this Order Form. All amounts are exclusive of taxes which will be payable in addition to the fees listed above.
Any CA Software identified with "NO" under the heading entitled "Ship" above was previously delivered to Customer by CA and therefore will not
be delivered to Customer again. CA Software identified with a "YES" will be delivered to Customer following execution of this order. The CA
Software shall be delivered by electronic delivery (“ESD”). In the event of electronic delivery, no tangible personal property will be delivered. Such
electronic delivery may not automatically provide for an exemption from applicable sales or use tax. Any operating system identified as "Generic"
or "GA" denotes such operating systems for which the CA Software is made generally available by CA in accordance with CA current published
specifications.
The pricing and terms offered herein expire unless Customer executes and delivers this order to CA prior to 5pm Eastern Time on 3/18/2016,
however this provision shall be null and void and have no legal effect if this order is countersigned by CA. In the event a payment due date falls on
a weekend or a holiday the payment shall be payable by the Customer to CA on the business day immediately prior to such date.
1. Initial Payment: Wiring Information
Customer agrees to wire the total initial payment due on or before the Due Date through a Same Day Fed Wire. For subsequent payments
listed herein, CA will send Customer an invoice containing the applicable remit to address or updated wire transfer information at least 30
days prior to each respective due date. As of the date of this Order Form, the following wire transfer routing information applies:
Wells Fargo Bank, NA, ABA# 121000248; Account Name: CA, Inc. Lockbox; Account# 2000028313816
2. Miscellaneous and Entire Agreement
It is agreed that CA may make reference to you as a customer of the software ordered herein and may publish the name and logo as part of a
list of CA’s customers. This Order Form, and any applicable exhibits or referenced documents as defined herein constitutes the entire
agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof,
whether oral or written. No modification or claimed waiver of any provision herein shall be valid except by written amendment signed by
authorized representatives of Customer and CA.
CONTRA COSTA COUNTY CA, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date Date:
March 29, 2016 Contra Costa County BOS Official Minutes 703
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with AssetWorks, LLC,
in an amount not to exceed $635,000.00 for vehicle telematic reporting hardware, software and services for the
period from April 1, 2016 through March 31, 2019, Countywide.
FISCAL IMPACT:
This cost is to be funded through Fleet Internal Service Funds.
BACKGROUND:
Fleet Services desires to expand their AssetWorks Fleet Focus enterprise software system to include remote vehicle
telematic reporting available through AssetWorks. This contract provides the telematic reporting hardware for
installation in select vehicles from the County’s fleet and internet access to real-time and historical data on the
vehicle emissions performance, diagnostic trouble codes, positioning, speed and course. Fleet Services and user
departments have found a need to occasionally review vehicles data for a variety of reasons. Light vehicles equiped
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Stan Burton, (925)
313-7077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 58
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Contract with AssetWorks, LLC for Asset Tracking Hardware and Software
March 29, 2016 Contra Costa County BOS Official Minutes 704
BACKGROUND: (CONT'D)
with these telematic devices are eligible to be enrolled in the State Continuous Smog Testing Pilot Program which
precludes the need for physical bienniel smog inspections which saves cost and reduces downtime of the vehicles.
CONSEQUENCE OF NEGATIVE ACTION:
If this is not approved, remote telematic reporting from AssetWorks will cease to operate.
March 29, 2016 Contra Costa County BOS Official Minutes 705
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract amendment with K & H
Printing-Lithographers, Inc., to extend the term from December 31, 2015 through December 31, 2017 and increase
the payment limit by $2,000,000 to a new payment limit of $4,200,000, to provide printed ballots, mailing services,
and other election materials.
FISCAL IMPACT:
The current contract limit of $2,000,000 is increased by $2,000,000 for a total not to exceed amount of $4,200,000,
which is funded within the Election Division budget over fiscal years 2015-2016 and 2016-2017. A portion of the
cost is reimbursable by those agencies for whom we conduct elections.
BACKGROUND:
California Administrative Code, Title 2, Division 7, Section 20220 provides that printers must be certified by the
Secretary of State's Office in order to print ballots for a particular voting system. K & H Printing-Lithographers, Inc.,
is a certified printer for our election ballot tabulation system. K & H has successfully provided similar services to the
County since the November 2013 Election.
CONSEQUENCE OF NEGATIVE ACTION:
Accurate and timely printing and mailing of election ballots and related material are critical components of
conducting successful elections. Failure to accurately print or distribute election materials could jeopardize our
mandated function to conduct elections in a fair and accurate manner. An error or omission could force the
department to conduct an election over again at a substantial cost to the County.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Scott O. Konopasek,
925-335-7808
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 68
To:Board of Supervisors
From:Joseph E. Canciamilla, Clerk-Recorder
Date:March 29, 2016
Contra
Costa
County
Subject:Contract with K & H to Print and Mail Ballots and Other Election Materials
March 29, 2016 Contra Costa County BOS Official Minutes 706
March 29, 2016 Contra Costa County BOS Official Minutes 707
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the
Workforce Development Board (WDB), to execute a contract amendment with Mount Diablo Unified School District
(MDUSD), effective March 1, 2016, to include Workforce Investment (WIA)/Workforce Innovation and Opportunity
Act (WIOA) youth development services to eligible in-school and out-of-school youth ages 16 to 24 years old and
identify Mt. Diablo Adult Education as part of the collaborative with MDUSD to provide adult/dislocated worker
one-stop-related services, oversee and administer job seeker assessment and training services for the period July 1,
2015 through June 30, 2016. (100% Federal)
FISCAL IMPACT:
$384,000 No County Costs; 100% Federal Workforce Investment Act (WIA)/Workforce Innovation and Opportunity
Act (WIOA) Funding.
BACKGROUND:
In March 2014, the Employment and Human Services Department, on behalf of the Workforce Development Board
of Contra Costa (WDB) and The Youth Council, awarded contracts under Request for Proposal #1134 for in-school,
out-of-school, and follow-up youth services as mandated
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: V. Kaplan, 3-1514
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 85
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Contract with Mount Diablo Unified School District for Youth Case Management Services and Adult/Dislocated
Worker Training Services
March 29, 2016 Contra Costa County BOS Official Minutes 708
BACKGROUND: (CONT'D)
by the Workforce Investment Act (WIA). The Youth Council and WDB awarded one of three contracts to Mount
Diablo Unified School District (MDUSD) for these services. MDUSD's Mt. Diablo Youth Employment Services
(YES) is a collaborative among School Linked Services, the Mt. Diablo CARES After School Program and Career
Academies in MDUSD designed to provide wrap-around and tiered services to WIA eligible in-school and
out-of-school youth in Central Contra Costa County that included: academic support, counseling and case
management, enrichment and leadership opportunities, and training, mentorship and employment that leads to high
school graduation and links to an array of postsecondary options to prepare youth for college and/or career.
This Board Order is requesting Board approval to include Workforce Innovation and Opportunity Act (WIOA)
funding with the WIA youth development services to eligible in-school and out-of-school youth ages 16 to 24 years
old and include Mt. Diablo Adult Education as part of the collaborative with MDUSD to provide adult/dislocated
worker one-stop-related services, oversee and administer job seeker assessment and training services at four of the
EASTBAY Works One-Stop Career Centers in Contra Costa County.
CONSEQUENCE OF NEGATIVE ACTION:
In-school and out-of-school Youth and Adult/Dislocated Workers will not receive assistance in overcoming barriers
to employment, job readiness, educational programs, career training, one-stop-related, job seeker assessment and
training services.
CHILDREN'S IMPACT STATEMENT:
The contract support all five of Contra Costa County’s community outcomes established in the Children's Report
Card: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for
Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and
Nurturing"; and (5)"Communities that are Safe and Provide a High Quality of Life for Children and Families" by
training and providing employment opportunities for youth.
March 29, 2016 Contra Costa County BOS Official Minutes 709
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with NetFile, Inc., in an amount
not to exceed $110,000 to provide on-line filing services for California Fair Political Practice Commission (FPPC)
Statements of Economic Interest (Form 700) and FPPC Campaign Finance Disclosure, for the period April 1, 2016
through March 31, 2018.
FISCAL IMPACT:
The costs of the contract are shared by the Clerk of the Board and the Clerk-Recorder Elections Division and the
amounts have been budgeted and appropriated for FYs 2015-16 and 2016-17.
BACKGROUND:
Certain elected and appointed County and Special District officials are required to file annual Statements of
Economic Interest (SEI) with the Clerk of the Board or with the Elections Division of the Clerk-Recorder's Office.
Candidates for elective office and committees supporting or opposing ballot measures are required by FPPC to file
Campaign Finance Disclosure Reports (CFD) with the Elections Division of the Clerk-Recorder's Office. These SEI
and CFD reports are required to be made public. Services provided by NetFile will permit these types of reports to be
submitted electronically, online, and will make them publicly available on-line. In addition, County Ordinance No.
2016-05 requires the CFD to be filed electronically. NetFile provides this capability and makes the information, in a
redacted form, available on-line.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Scott O. Konopasek,
925-335-7808
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 69
To:Board of Supervisors
From:Joseph E. Canciamilla, Clerk-Recorder
Date:March 29, 2016
Contra
Costa
County
Subject:Contract with NetFile, Inc., to Provide On-line Filing Services for Statements of Economic Interest
March 29, 2016 Contra Costa County BOS Official Minutes 710
CONSEQUENCE OF NEGATIVE ACTION:
Currently, the Clerk of the Board and the Elections Division can only receive and disclose these reports in a paper
format. Should the Board not approve the recommendation, the information will remain unavailable on-line.
March 29, 2016 Contra Costa County BOS Official Minutes 711
RECOMMENDATION(S):
APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with Sorenson Forensics, LLC
in an amount not to exceed $1,765,000 to provide DNA testing of untested sexual assault kits provided by local law
enforcement agencies for the period of December 1, 2015 through September 30, 2018.
FISCAL IMPACT:
The cost of this contract funded 100% by a grant awarded by the office of the District Attorney of New York.
BACKGROUND:
In September 2015 Manhattan District Attorney Cyrus R. Vance, Jr., announced the award of approximately $38
million in grants to 32 jurisdictions in 20 states across the U.S. to eliminate backlogs of untested sexual assault
evidence kits, or "rape kits." The two-year awards, ranging in amount from approximately $97,000 to $2 million, will
help test an estimated 56,475 rape kits, generating DNA evidence that will help solve cases across the country. The
Contra Costa County District Attorney's office was fortunate enough to have been awarded $1,841,535.
In cases where a suspect has
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cherie Mathisen
925-957-2234
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 73
To:Board of Supervisors
From:Mark Peterson, District Attorney
Date:March 29, 2016
Contra
Costa
County
Subject:Contract with Sorenson Forensics, LLC for Biotechnical Services - DNA Analysys
March 29, 2016 Contra Costa County BOS Official Minutes 712
BACKGROUND: (CONT'D)
not yet been identified, biological evidence from the crime scene can be analyzed and compared to offender profiles
in DNA databases, such as the Combined DNA Index System (CODIS), to help identify the perpetrator. Crime scene
evidence can also be linked to other crime scenes through the use of DNA databases to identify serial offenders, and
arrests for lower-level crimes in one state might help solve a cold case in another state. DNA has also helped
exonerate the wrongfully convicted. Sorenson Forensics, LLC was chosen to be the lab to test approximately 2,958
untested sex kits here in Contra Costa County.
CONSEQUENCE OF NEGATIVE ACTION:
The District Attorney will be unable to fulfill responsibilities from a grant awarded by the County of New York in
September 2015 to reduce the backlog in untested rape kits.
CHILDREN'S IMPACT STATEMENT:
No impact.
March 29, 2016 Contra Costa County BOS Official Minutes 713
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#26-528-10 with Acusis, LLC, a limited liability company, in an amount not to exceed $225,000, to provide medical
and dictation transcription services for patients at Contra Costa Regional Medical Center and Health Center, for the
period from March 1, 2016 through February 28, 2017.
FISCAL IMPACT:
This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
Acusis, LLC provides round-the-clock, state-of-the-art, customized transcription for all types of medical reports,
office and clinic notes, referral letters, and emergency documentation. The Contractor ensures that experienced
transcriptionists are always available, providing between two to four hour turnaround for STAT reports and overnight
service for less critical reports. Acusis, LLC tailors its output to meet client needs and guarantees on-time delivery for
all reports.
Under Contract #26-528-10,
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anna Roth, 370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Tasha Scott, Marcy Wilhelm
C. 81
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Contract #26-528-10 with Acusis, LLC
March 29, 2016 Contra Costa County BOS Official Minutes 714
BACKGROUND: (CONT'D)
Acusis, LLC will provide medical and dictation transcription services for patients at Contra Costa Regional Medical
Center and Contra Costa Health Centers, through February 28, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, Contra Costa Regional Medical and Contra Costa Health Centers would not have
necessary medical transcription available.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 715
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #72-085 with Bay Area Community Resources, a non-profit organization, in an amount not to exceed $310,707, to provide consultation and technical assistance to reduce and prevent the use of tobacco products among populations with high rates of smoking from
#72-085 with Bay Area Community Resources, a non-profit organization, in an amount not to exceed $310,707, to
provide consultation and technical assistance to reduce and prevent the use of tobacco products among populations
with high rates of smoking from September 1, 2015 through June 30, 2020.
FISCAL IMPACT:
This Contract is funded 100% California Department of Public Health grant
BACKGROUND:
Under this contract #72-085, the Contractor will implement policy, system and environmental change efforts in
Richmond and San Pablo aimed at reducing and preventing the use of tobacco products among populations with high
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: D Morgan, M Wilhelm
C. 75
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Contract #72-085 with Bay Area Community Resources
March 29, 2016 Contra Costa County BOS Official Minutes 716
BACKGROUND: (CONT'D)
rates of smoking through June 30, 2020.
.
The County’s Tobacco Prevention Program received the “Achieving Tobacco-Related Health Equity Among
California’s Diverse Populations” grant from the California Department of Public Health. This grant development
and negotiation of a five year budget and scope of work for this subcontract as part of the larger project. This
required extensive consultation with the subcontractor and the state to plan objectives and budgets for five years of
program implementation and ensure adherence to the rules and regulations of the grantor.
In order to meet the original contract term established by the funding agency (California Department of Public
Health), the Division requests a retroactive start date of September 1, 2015.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County will not have access to Contractor’s technical assistance and program
support services to implement policy aimed at reducing and preventing the use of tobacco products among
populations with high rates of smoking and will not receive state funding.
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).
March 29, 2016 Contra Costa County BOS Official Minutes 717
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-423-5 with Jenan Al-Mufti, M.D., an individual, in an amount not to exceed $145,600, to provide psychiatric
services for the period from April 1, 2016 through March 31, 2017.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No rate increase)
BACKGROUND:
On March 3, 2015, the Board of Supervisors approved Contract #74-423-4 with Jenan Al-Mufti, M.D. for the period
from April 1, 2015 through March 31, 2016, for the provision of psychiatric services for metally ill adults in central
Contra Costa County. Approval of Contract #74-423-5 will allow Contractor to continue providing psychiatric
services for adults through March 31, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring psychiatric mental health services will not have access to
Contractor’s services, which may result in a reduction in the overall level of services to the community.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon,
925-957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 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:March 29, 2016
Contra
Costa
County
Subject:Contract #74-423-5 with Jenan Al-Mufti, M.D.
March 29, 2016 Contra Costa County BOS Official Minutes 718
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 719
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-488-1 with Minh Nguyen, M.D., an individual, in an amount not to exceed $174,720, to provide outpatient
psychiatric care services to patients in West County for the period from April 1, 2016 through March 31, 2017.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No rate increase)
BACKGROUND:
On June 9, 2015, the Board of Supervisors approved Contract #74-488 with Ming Nguyen, M.D., for the period from
April 1, 2015 through March 31, 2016, to provide outpatient psychiatric care services; including diagnosing,
counseling, evaluating, and providing medical and therapeutic treatment to County patients.
Approval of Contract #74-488-1 will allow Contractor to continue providing services, through March 31, 2017.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon,
925-957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: E Suisala, M Wilhelm
C. 91
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Contract #74-488-1 with Minh Nguyen, M.D.
March 29, 2016 Contra Costa County BOS Official Minutes 720
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care services.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 721
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-489-1 with Margaret L. Miller, M.D., an individual, in an amount not to exceed $174,720, to provide outpatient
psychiatric care services to patients in Central County for the period from May 1, 2016 through April 30, 2017.
FISCAL IMPACT:
This Contract is funded 100% Mental Health Realignment. (No Rate increase)
BACKGROUND:
On June 9, 2015, the Board of Supervisors approved Contract #74-489 with Margaret L. Miller, M.D., for the period
from May 1, 2015 through April 30, 2016, to provide outpatient psychiatric care services; including diagnosing,
counseling, evaluating, and providing medical and therapeutic treatment to County patients.
Approval of Contract #74-489-1 will allow Contractor to continue providing services, through April 30, 2017.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Cynthia Belon,
925-957-5201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: E Suisala, M Wilhelm
C. 90
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Contract #74-489-1 with Margaret L. Miller, M.D.
March 29, 2016 Contra Costa County BOS Official Minutes 722
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care services.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 723
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with
the Crowne Plaza Concord Hotel for the Heritage Project, Breaking Barriers training event scheduled for April 11,
2016 in an amount not to exceed $10,000, and requiring the County’s assumption of liability for damage caused by
attendees. (7.5% County, 17.5% State, 75% Federal)
FISCAL IMPACT:
$10,000: 7.5% County, 17.5% State, 75% Federal
BACKGROUND:
County receives an allocation from the California Department of Social Services (CDSS) for the Heritage Project.
One of the services required for the funding is cross-training. The cross-training is for foster parents, community
partners, alcohol and drug providers, mental health providers, and County staff. The goals and objectives of the
cross-training are to educate, increase collaboration between alcohol and drug treatment partners and social workers,
decrease barriers that prevent agencies from working collaboratively, assist families and staff in creating practical
solutions for change, case conferencing,
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 65
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Heritage project, Options for Recovery, Breaking Barriers Training Event
March 29, 2016 Contra Costa County BOS Official Minutes 724
BACKGROUND: (CONT'D)
and collaboration.
On April 11, 2016, the Employment and Human Services Department, Children and Family Services Bureau, will
host a cross-training event entitled "Breaking Barriers Training" for foster parents, services providers, and County
staff. Crown Plaza Hotel Concord has requested Contra Costa County Board of Supervisors' approval in advance of
the event. Provision of food and beverage service during the event is allowable under the Heritage Project funding
guidelines and will be consistent with the County Administrative Bulletin No. 614, paragraph IV B. "appropriated
funds are not available to provide food and/or beverage to County employees or members of County committees".
The contract for this event includes language that would require the County to indemnify the hotel at which the event
is held in the event of any injuries or damages caused by the County during this event, including attorney’s fees.
CONSEQUENCE OF NEGATIVE ACTION:
The federal requirement for Heritage Project, Options for Recovery Program specialized training would not be
provided.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 725
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Chief Information Officer, (1) a
purchase order with IBM (International Business Machines) Corporation in an amount not to exceed $750,000, and
(2) a Schedule for Service for the renewal of original equipment manufacturer maintenance for Contra Costa
County's mainframe computer for the period April 1, 2016 through March 31, 2019.
FISCAL IMPACT:
$750,000; $250,000 annually for three years. Funded by departmental user fees.
BACKGROUND:
The Department of Information Technology manages the purchase and renewal of hardware maintenance and support
on behalf of various County Departments. IBM is the original manufacturer of the mainframe hardware and software
that provide critical applications serving users countywide. The County is party to an agreement with IBM for the
support of County-owned IBM mainframe and related equipment that are used by various departments. The related
departments are charged for their share of the maintenance costs, as applicable. Renewal of the equipment
maintenance and support for April 1, 2016 through March 31, 2019, will occur by execution of the Schedule for
Service and issuance of the purchase order for payment.
In accordance with Administrative Bulletin No 611.0, County Departments are required to obtain Board approval for
single item purchases over $100,000. The County Administrator's Office has reviewed this request and recommends
approval.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 71
To:Board of Supervisors
From:Ed Woo, Chief Information Officer
Date:March 29, 2016
Contra
Costa
County
Subject:IBM Hardware Maintenance
March 29, 2016 Contra Costa County BOS Official Minutes 726
CONSEQUENCE OF NEGATIVE ACTION:
Being the manufacturer of the said equipment and software, IBM is able to provide turn key, one stop, single
source support. Having multiple or third party vendors greatly increases the risk to the County should a "break fix"
incident occur.
ATTACHMENTS
IBM Maintenance
March 29, 2016 Contra Costa County BOS Official Minutes 727
04/01/201603/31/20193 Year(s)04/01/201603/31/2017NOpt#2 Full Price ProtectionLine ItemCharge Period:Transaction Contract Period:Start Date:End Date:Renewal Contract Period:Start Date:End Date:1Accumulated Adjustment Invoicing option:Price Protection Option:Pricing Method:NNAWCQ8CNo12/23/201504/01/2016130,124.4716,519.34146,643.81Calendar YearAlignmentAgreed to:International Business Machines CorporationBy: ________________________________________________________Authorized signatureName (type or print): __________________________________________Date: ______________________________________________________Customer Billing Address:CONTRA COSTA COUNTYNIMI PATEL625 COURT STFINANCE BLDGMARTINEZ CA 94553-1274Schedule Number:Revised Schedule:Schedule Effective Date:Proposal Reference Date:Automatic Inventory Increase Option Applies:Machine Maintenance Services Option #1:Software Services Option #2:Type of Discount(s) Applied: Term Incentive Special Bid*Maintenance Charges:*Service Charges:*TOTAL CHARGE PERIOD CHARGES:Quarterly Billing Frequency0.000.000.000.000.000.00MAN3PF6AWCQ8C02159000Schedule for ServiceEliteThis Schedule contains a listing of theEligible Machines at the Specified Locations identified below for which IBM will provide the identified Services as described in the referenced Master Services Attachmentand any referenced Statements of Work and Change Authorizations. The complete agreement between us about these Services consists of 1) this Schedule 2) the referenced Master Services Attachmentand any referenced Statements of Work and Change Authorizations, and 3) the IBM Customer Agreement (or any equivalent agreement in effect between us).*Charges are based on the current inventory and services identified in this Schedule. Actual charges may vary with any additions, deletions, or changes to theinventory or services. Any applicable taxes are not included in the charge amounts herein but will be added to your invoice.For a Machine subject to usage charges, in addition to the Service charge identified herein, you will be separately billed for usage in accordance with applicable usagerates and billing cycles.Name and Address of Customer:CONTRA COSTA COUNTYDEPT OF INFO TECHNOLOGYDATA CENTER30 DOUGLAS DRMARTINEZ CA 94553-4053Master Services Attachment Number:Statement of Work Number:Change Authorization Number:Customer Number:*Charge Period Charges / Payment Plan (Inclusive of MES):WSU One Time Charges:HWMA Re-estab One Time Charges:SWMA ALF One Time Charges:MMS for CISCO HW One Time Charges:MMS for CISCO SW One Time Charges:One Time Charges:The Parties need not sign this Schedule, unless either of us requests it.Agreed to:CONTRA COSTA COUNTYBy: ________________________________________________________Authorized signatureName (type or print): __________________________________________Date: ______________________________________________________Z125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 1 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 728
Charges42,055.61111,855.585,626.0827,106.54146,643.81Customer Location30 DOUGLAS DR, DEPT OF INFO TECHNOLOGY, MARTINEZ CA94553-405330 DOUGLAS DR, DATA PROCESSING, MARTINEZ CA 94553-405330 DOUGLAS DR, DATA PROCESSING, MARTINEZ CA 94553-405330 DOUGLAS DR, DATA CENTER, MARTINEZ CA 94553-4053Customer NameCONTRA COSTA COUNTYCONTRA COSTA COUNTYCONTRA COSTA COUNTYCONTRA COSTA COUNTYSchedule for ServiceEliteEnterprise Total for Charge Period by Customer Number Inclusive of MES:Note: One Time Charges are not included in the TotalCustomer No.02093876021224220213457002159000TotalZ125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 2 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 729
ChargesStop5ChargesStart5HHHHHHHHHCharges41,438.151,438.151,438.151,122.791,122.791,122.792,144.7159,571.603,183.72871.563,577.2017,177.8886,526.6786,526.675,626.08Maint.Svc3111111111TypeofSvc2ABABBBBBBQty.111111111City, State: MARTINEZ CA 94553-4053City, State: MARTINEZ CA 94553-4053City, State: MARTINEZ CA 94553-4053City, State: MARTINEZ CA 94553-4053ProductDescriptionSYSTEM STORAGE DS3400SYSTEM STORAGE DS3524LVD TAPE AUTOLOADERPSERIES 680SERIAL DISK SYSTEMRACK-MOUNTED HMCESERVER P5 520ESERVERDS5020 MIDRANGE DISKRelatedOrder/SerialNumberOrder/SerialNumber0013K0M330013D01FB0078B705700000D5AA0000KF7650000C329A0000FFA5D0000FDF7B0078K0NX8Specified Location: 02122422Specified Location: 02093876Specified Location: 02122422Specified Location: 02134570Add/RemMod/FeatHC4C4AL38S85D40CR352057020AType172617463581701771337310911191171814Schedule for ServiceEliteMaintenance Machine List--Eligible Machine Description-- A Machine is only considered "Eligible" if it is operational and in conformance with its official published specifications on the contract start date.Reinstating Maintenance Services after a lapse in Services may require payment of additional charges.See Legend for DetailsMfgIBMSubtotalWithoutMESSubtotalWithMESIBMSubtotalWithoutMESSubtotalWithMESIBMIBMIBMIBMIBMIBMSubtotalWithoutMESSubtotalWithMESIBMZ125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 3 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 730
ChargesStop501/31/201701/31/201701/31/2017ChargesStart5EHEHEHHHHHHHHCharges45,626.085,626.0816,453.50847.40847.403,183.723,183.721,706.8826,222.6226,222.62798.96798.962,384.765,205.489,188.169,188.16$130,124.47Maint.Svc31111111111TypeofSvc2BBBBBBBBBBQty.1111111111City, State: MARTINEZ CA 94553-4053City, State: MARTINEZ CA 94553-4053ProductDescriptionTAPE LIBRARY DATASERVERDRIVE UNIT FOR 3590-B1A+A00DRIVE UNIT FOR 3590-B1A+A00SERIAL DISK SYSTEMSERIAL DISK SYSTEMPOWER SYSTEM 520IBM 7042 CR5IBM 7042 CR5POWER SYSTEM 520POWER SYSTEM 550RelatedOrder/SerialNumberOrder/SerialNumber0000103850000262710000298120000342890000397820000385E40000F156B0000F157B0000AEEB50000AEEC5Specified Location: 02159000Specified Location: 02122422Add/RemMod/FeatL10D14D14D40D40E4ACR5CR5E4AE8AType3494349434947133713382037042704282038204Schedule for ServiceEliteMaintenance Machine List--Eligible Machine Description-- A Machine is only considered "Eligible" if it is operational and in conformance with its official published specifications on the contract start date.Reinstating Maintenance Services after a lapse in Services may require payment of additional charges.See Legend for DetailsMfgSubtotalWithoutMESSubtotalWithMESIBMIBMIBMIBMIBMIBMSubtotalWithoutMESSubtotalWithMESIBMIBMIBMIBMSubtotalWithoutMESSubtotalWithMESTotal Charge Period Charges for Maintenance Machine List Without MESZ125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 4 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 731
ChargesStop5ChargesStart5Charges4$130,124.47Maint.Svc3TypeofSvc2Qty.ProductDescriptionRelatedOrder/SerialNumberOrder/SerialNumberAdd/RemMod/FeatTypeSchedule for ServiceEliteMaintenance Machine List--Eligible Machine Description-- A Machine is only considered "Eligible" if it is operational and in conformance with its official published specifications on the contract start date.Reinstating Maintenance Services after a lapse in Services may require payment of additional charges.See Legend for DetailsMfgTotal Charge Period Charges for Maintenance Machine List With MESZ125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 5 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 732
ChargesStop5ChargesStart5ServicesStartCharges4932.82932.827,607.46883.923,796.49323.45Qty.1612141Customer Technical Contact Name (if applicable):Customer Primary Technical Contact name :Customer Primary Technical Contact phone number :Product Group /Service OptionCity, State: MARTINEZ CA 94553-4053City, State: MARTINEZ CA 94553-4053FULL SHIFTSOFTWARE MAINTENANCEH5CHARGEABLE PROCESSORSFULL SHIFTSOFTWARE MAINTENANCED5CHARGEABLE PROCESSORSFULL SHIFTSOFTWARE MAINTENANCEF5CHARGEABLE PROCESSORSFULL SHIFTCHARGEABLE SYSTEMFULL SHIFTSupport ServiceSpecified Location: 02093876SL STOR ENTRY LEVEL DISK SYSSpecified Location: 02122422SWMA FOR AIX STD EDITIONSWMA FOR AIX STD EDITIONSWMA FOR AIX STD EDITIONMCP REMOTE SUPPORTSerial/ OrderNumber0013D01FB00000D5AA0000FFA5D0000FDF7BModelC4AS85520570Schedule for ServiceEliteServices List---------------Eligible Machine Description---------------See Legend for DetailsType1746Subtotal701791119117Z125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 6 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 733
ChargesStop5ChargesStart5ServicesStartCharges412,611.32883.92883.921,767.83323.452,091.28$ 16,519.34Qty.121411Product Group /Service OptionCity, State: MARTINEZ CA 94553-4053City, State: MARTINEZ CA 94553-4053SOFTWARE MAINTENANCED5CHARGEABLE PROCESSORSFULL SHIFTSOFTWARE MAINTENANCEE5CHARGEABLE PROCESSORSFULL SHIFTCHARGEABLE SYSTEMFULL SHIFTSupport ServiceSpecified Location: 02159000SWMA FOR AIX STD EDITIONSpecified Location: 02122422SWMA FOR AIX STD EDITIONMCP REMOTE SUPPORTSerial/ OrderNumber0000C329A0000385E40000AEEC50000F156BModelCR3E4AE8ACR5Schedule for ServiceEliteServices List---------------Eligible Machine Description---------------Note: One Time Charges are not included in these totals.See Legend for DetailsType7310Subtotal8203Subtotal82047042SubtotalTotal Charge Period Charges for Services ListZ125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 7 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 734
Schedule for ServiceEliteLegends:1Charge adjustments related to inventory and Service changes will be accumulated and invoiced with your next standard invoicing cycle (may be sooner for annual or semiannual payment plans)2TYPE OF SERVICEA) On-Site Repair/Exchange Services, Monday through Friday (excluding holidays), 8am to 5pm, next business dayB) On-Site Repair/Exchange Services, 7 days a week, 24hrs/day.C) On-Site Repair/Exchange Services, Monday through Friday (excluding holidays), 8am to 5pm, 4 hour response objectiveThis type of repair Service includes a response objective and is not a guarantee.D) On-Site Repair/Exchange Services, 7 days a week, 24hrs/day, 2 hour response objective.This type of repair Service includes a response objective and is not a guarantee.X) EasyServe (remotely delivered services)3MAINTENANCE SERVICES1) Maintenance of IBM Machines2) Maintenance of Non-IBM Machines3) Warranty Service Upgrade4) Maintenance of Non-IBM Machines - Cisco Products5) Maintenance of IBM Machines - Enhanced Service Response6) Service for Machines Withdrawn from IBM Maintenance7) Non-IBM Service for Machines Withdrawn from IBM Maintenance8) Maintenance of IBM Machines (Labor Only)9) Non-IBM Memory Exchange10) Enhanced Parts Inventory11) Spare Machine12) Key Operator Support13) Maintenance of non-IBM Machines during the Manufacturer's Warranty Period16) IBM Maintenance Services - First Line Maintenance for Wincor Nixdorf ATMs17) IBM Maintenance Services - Applications Maintenance Services for Wincor Nixdorf ATMs18) Post Installation Coverage (PIC) Service Upgrade, for selected Non-IBM Machines4Charges shown are for the Charge PeriodA (C) indicates a Machine that will have usage charges billed separately.An (E) indicates a Machine that has been announced as withdrawn from generally available Maintenance Service.An (F) indicates an assumptive Product included in the total Charge Period Price that has a manually inserted serial number and configuration provided by the customer.An (H) identifies a Machine on an existing ServiceElite/ServiceSuite/ ServiceElect CHIS contract with duplicate Maintenance Services coverage.A (K) indicates assumptive Products included in the total Charge Period Price that are based on the customer provided configuration.An (M) indicates a Miscellaneous Equipment Specification (MES) on order is not installed and applicable pricing not included.An (N) indicates that the Product is a non-GSA Schedule item .An (O) indicates a one time charge.A (P) indicates a Machine or Service with coverage on a non-CHIS contract.An (R) indicates the usage charge rate (feet, hours, or impressions) for a Machine under a usage plan.An (S) indicates a manual order installation date change.A (U) indicates usage charges which are measured in either feet, hours, or impressions.A (W) indicates a Machine under warranty.An (X) indicates On-order Products which are shown for planning purposes only.A (Y) indicates On-order MES Products which are shown for planning purposes only. These charges are included in the related Machine.5Charges Start/Stop dates shown are those that differ from the Contract Period Start/End DatesZ125-7230-15 02/2015contract AWCQ8C (prepared 12/23/15 08:01 MSAT01) / Print Control Number 01Page 8 of 8
March 29, 2016 Contra Costa County BOS Official Minutes 735
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an interagency
agreement with the City of Concord, effective February 1, 2016, including modified indemnification language, with a
payment limit of $15,174, to provide Phase II Lethality Assessment Program Implementation for Domestic Violence
Homicide Prevention for the period July 1, 2015 through September 30, 2016. (100% Federal)
FISCAL IMPACT:
$15,174: 100% Federal Department of Justice Grant (CFDA #16.590). No County Costs.
BACKGROUND:
The Zero Tolerance for Domestic Violence Initiative (ZTDVI) applied for and received funds from the US
Department of Justice, Office on Violence against Women (OVW), Domestic Violence Homicide Prevention
Demonstration ("Project") in 2013. The Project is implemented in two phases - an assessment phase ("Phase I") and
an implementation phase ("Phase II"). OVW completed Phase I in September 2014 and selected ZTDVI as one of
four sites to participate in Phase II of the Project and implement the Lethality Assessment Program (LAP), a
recognized promising practice. ZTDVI is engaging the Contractor to assist in carrying out activities consistent with
the funding application.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: C. Youngblood, 3-1712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 93
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:InterAgency Agreement with City of Concord for Domestic Violence Prevention
March 29, 2016 Contra Costa County BOS Official Minutes 736
CONSEQUENCE OF NEGATIVE ACTION:
Valuable services will not be provided.
CHILDREN'S IMPACT STATEMENT:
None.
March 29, 2016 Contra Costa County BOS Official Minutes 737
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Marine Emporium Boat
Works Incorporated, in an amount not to exceed $300,000, to provide marine haul out, destruction, and storage of
vessels for the term of April 1, 2016 through March 31, 2018 in and around the Bethel Island and East Contra Costa
Area.
FISCAL IMPACT:
$300,000, 100% State; Budgeted Funded by the California Department of Boating and Waterways grant, Abandoned
Watercraft Abatement Fund (AWAF) and General Fund.
BACKGROUND:
The waterways in and around Contra County haven been long been used for the illegal dumping and sinking of
abandoned and derelict vessels of all sizes and types. If allowed to remain, these vessels are often hazards to safety,
navigation, wildlife, and are hazardous to the environment. Many vessels are carrying hazardous materials. The
vessels adversely impact residents, commercial, and recreational boaters in and around Contra Costa County. The
Office of the Sheriff's Marine Services Unit utilizes salvers who are specially trained, equipped, and capable of
removing the vessels that may be afloat, aground or submerged.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 94
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Marine Salvage Services
March 29, 2016 Contra Costa County BOS Official Minutes 738
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff's Office may not be in compliance with the grant funding these activities. In addition, abandoned vessels
will may not be removed from County waterways.
CHILDREN'S IMPACT STATEMENT:
No impact.
March 29, 2016 Contra Costa County BOS Official Minutes 739
RECOMMENDATION(S):
Approve and authorize the Auditor-Controller, or his designee, to pay $9,168 to Applied Remedial Services, Inc., for
the provision of removal and disposal of hazardous waste and chemical services for the Contra Costa Regional
Medical Center and Contra Costa Health Centers (CCRMC) during the period of September 1, 2015 through
December 31, 2015.
FISCAL IMPACT:
This contract is funded 100% Hospital Enterprise I Fund.
BACKGROUND:
Applied Remedial Services, Inc. has been providing removal and disposal of hazardous waste and chemical services
for the Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC) for several years. On
January 14, 2014, the Board of Supervisors approved Contract #26-692-6 (as amended by Amendment Agreement
#26-692-8) with Applied Remedial Services, Inc., for the period from January 1, 2015 through December 31, 2015,
for the provision of removal and disposal of hazardous waste and chemical services for CCRMC. The utilization
during the term of the agreement was higher than originally anticipated. The services rendered exceeded the contract
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anna Roth, 925-370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: K Cyr, M Wilhelm
C. 67
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Payment for services provided by Applied Remedial Services, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 740
BACKGROUND: (CONT'D)
payment limit by $9,168. 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 provider has been asked to provide
services over the value of the contract, the provider does so to the benefit of the recipient. The provider is entitled to
recover the reasonable value of those services. The Division requested and the Contractor provided services in excess
of the contract payment limit and is requesting payment due the Contractor be paid in the amount owing of $9,168.
The contract renewal for 2016 is currently in place.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, Contractor will not be paid for hazardous waste removal and disposal services
provided to County in good faith.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 741
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order
with Alcoholic Monitoring Services (AMS), in an amount not to exceed $160,000 for the purchase and/or rental of
SCRAMx alcohol and house arrest monitoring devices, including monitoring services fees for the devices needed by
the Electronic Home Detention Program of the Custody Alternative Facility for the period April 1, 2016 through
April 30, 2017.
FISCAL IMPACT:
$160,000; 100% County General Fund, Budgeted.
BACKGROUND:
The Sheriff's Office operates an Electronic Home Detention program intended as an alternative to incarceration for
those persons who are qualified for home detention. Offenders sentenced for alcohol-related offenses must be
monitored daily by SCRAMx devices. The SCRAMx devices are monitored through the vendor Alcoholic
Monitoring Services (AMS). This vendor's
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Liz Arbuckle,
925-335-1529
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Liz Arbuckle, Heike Anderson, Tim Ewell
C. 92
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Purchase Order - Alcohol Monitoring Services
March 29, 2016 Contra Costa County BOS Official Minutes 742
BACKGROUND: (CONT'D)
product is superior based on research, market trends and functionality. The flexibility to lease or purchase (depending
on the demand) home detention monitoring devices has proven to produce significant long-term savings and
increased revenues for the department.
CHILDREN'S IMPACT STATEMENT:
No impact.
March 29, 2016 Contra Costa County BOS Official Minutes 743
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order
with Surtec Inc., in the amount of $150,000 to supply the County's detention facilities with custodial
supplies/specialty products and janitorial equipment repair for the period March 1, 2016 through February 28, 2017.
FISCAL IMPACT:
$150,000. 100% General Fund; Budgeted
BACKGROUND:
Surtec Inc., supplies the solutions for the 40 specialized disinfectant dispensers which are installed in all 3 detention
facilities. These are dispensers with locks, specifically for the jail environment to keep the inmates from having
physical contact with the chemicals. This vendor carries the majority of the cleaning solutions used in facilities that
keeps the County detention facilities in compliance with the strict requirements of the Board of Corrections' annual
facility inspections and of the State's regulations.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Liz Arbuckle,
925-335-1529
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Liz Arbuckle, Heike Anderson, Tim Ewell
C. 95
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Purchase Order - Surtec, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 744
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff's Office may be unable to acquire needed janitorial products to service the county adult detention
facilities.
CHILDREN'S IMPACT STATEMENT:
No impact.
March 29, 2016 Contra Costa County BOS Official Minutes 745
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase
order amendment with Baxter Healthcare Corp., to add $61,000 for a new total of $160,000 for IV and
Pharmaceutical drugs and supplies to be used at the Contra Costa Regional Medical Center and Health Centers, with
no change in the original term of January 1, 2015 through December 31, 2016.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I Budget.
BACKGROUND:
Baxter Healthcare Corp is a pharmaceutical company that provides the Contra Costa Regional Medical Center and
Health Centers with medications and pharmaceutical products unavailable through the contracted wholesaler
Cardinal.
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order is not approved, the Contra Costa Regional Medical Center and Health Centers will not be able
to take care of its patient population.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anna Roth, 370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Tasha Scott, Marcy Wilhelm, Crystal Grayson
C. 78
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Purchase Order Amendment for Baxter Healthcare Corporation
March 29, 2016 Contra Costa County BOS Official Minutes 746
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Service Department, to execute a purchase
order amendment with Food Service Partners, Inc. to add $175,000 for a new total of $274,002.25 to purchase meals
for patients and staff at the Contra Costa Regional Medical Center (CCRMC) while the cafeteria and kitchen are
being renovated.
FISCAL IMPACT:
100% funding is included in Hospital Enterprise Fund I Budget.
BACKGROUND:
Due to the closure of the kitchen at CCRMC, the Hospital does not have the ability to prepare meals for patients, staff
and patrons. During this closure Food Service Partners, Inc. will provide meals at CCRMC
while the kitchen and cafeteria are being renovated and repaired.
CONSEQUENCE OF NEGATIVE ACTION:
If this Purchase Order is not approved, we will not be able to meet the nutritional needs of our patients and staff.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anna Roth, 370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: T Scott, M Wilhelm, Margaret Harris
C. 79
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Purchase Order with Food Service Partners, Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 747
CHILDREN'S IMPACT STATEMENT:
Not applicable.
March 29, 2016 Contra Costa County BOS Official Minutes 748
RECOMMENDATION(S):
APPROVE the 2016-17 Head Start Recruitment and Enrollment Plan and the Community Services Bureau
Admissions Priority Criteria for the early care and education programs of the Community Services Bureau of the
Employment & Human Services Department.
FISCAL IMPACT:
None
BACKGROUND:
Head Start Performance Standard 1305.3 (c) (6) mandates that the Head Start grantee set criteria, based on a
community assessment, that defines the types of children and families who will be given Head Start priority for
recruitment and selection. This board order accepts the Employment and Human Services Department (EHSD),
Community Services Bureau (CSB) Selection Criteria and Recruitment Plan for the 2016-17 program year. Due to the
community need for full-day, full-year services, and the mandate that Head Start & Early Head Start programs
collaborate for full-day services, EHSD CSB has adopted selection criteria, organized by priorities, which meet the
State Department of Education regulations. The plan is set forth in the 2016-17 CSB Admissions Priorities
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: CSB, (925) 681-6304
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Jagjit Bhambra, Sung Kim, Cassandra Youngblood
C.116
To:Board of Supervisors
From:Kathy Gallagher, Director
Date:March 29, 2016
Contra
Costa
County
Subject:2016-17 Head Start Recruitment / Enrollment Plan and Admissions Priority Criteria
March 29, 2016 Contra Costa County BOS Official Minutes 749
BACKGROUND: (CONT'D)
/ Selection Criteria .
To meet Head Start and Early Head Start enrollment goals, plans must be developed and set in place for adequate
marketing and recruitment strategies. CSB utilizes community assessment to identify populations to be served by
the Head Start program and to recruit those eligible to receive services. The recruitment and enrollment plan is set
forth in the 2016-17 Head Start / Early Head Start / Early Education and Support Program Recruitment and
Enrollment Plan. The plans were approved by the Head Start Policy Council on February 17, 2016.
The documents were reviewed and approved by the Head Start Policy Council on February 18, 2015.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, Department will not be in compliance with Head Start regulations.
CHILDREN'S IMPACT STATEMENT:
The Employment & Human Services Department Community Services Bureau supports three of Contra Costa
County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3:
“Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.”
These outcomes are achieved by offering comprehensive services, including high quality early childhood
education, nutrition, and health services to low-income children throughout Contra Costa County.
ATTACHMENTS
2016 CSB Admissions
2016 Head Start Recruitment
March 29, 2016 Contra Costa County BOS Official Minutes 750
Approved by the Policy Council - 2/17/2016
Approved by the Board of Supervisors -
Head Start Performance Standard 1305.3 (c)(6) mandates that the program set criteria, based on our Community Assessment, that define the
types of children and families who will be given priority for recruitment and selection. Kindergarten is available in all communities that we serve. Due to the
community need for full-day, full-year services, and the mandate that the Head Start & Early Head Start Program collaborate for full-day services, CSB has
adopted the following selection criteria presented in order of priority, which also meets the regulations of our partner, the State Department of Education, with one
exception as noted below*:
INFANTS & TODDLERS
(Aged 0-3, including pregnant women)
PRE-SCHOOL
(Aged 3-5)
1. Transfers
2. CPS, Foster Child & Child At Risk
3. Eligible infant/toddler with disabilities (IEP or IFSP)
4. Sibling of a child already enrolled in the program
5. Current TANF Recipient or within 24 months
6. Eligible infant/toddler who is homeless
7. Lowest income infant/toddler
*Exception
Contra Costa College:
On October 3, 2008, the California Department of Education granted
CSB an enrollment waiver to give first priority to children of college
students at our Contra Costa College Children’s Center.
1. Transfers
2. CPS, Foster Child, & Child At Risk
3. Eligible 4 yr old with disabilities (IEP or IFSP)
4. Sibling of a child already enrolled in the program
5. Eligible 4 yr old with special circumstances
Families experiencing domestic violence
Limited English
Families Needing Full Day services
Currently Homeless or Homeless within the last 18 months
Current TANF recipient or within the last 24 months
Health Impairments
Teen Parents
Grandparent caregivers
Children with current or former incarcerated parent(s)
6. Lowest income 4 yr old
7. Eligible 3 yr olds disabilities (IEP or IFSP)
8. Eligible 3 yr old with special circumstances
Families experiencing domestic violence
Limited English
Families Needing Full Day services
Currently Homeless or Homeless within the last 18 months
Current TANF recipient or within the last 24 months
Health Impairments
Teen Parents
Grandparent caregivers
Children with current or former incarcerated parent(s)
9. Lowest income 3 yr old
Denotes categorical eligibility. As per Head Start Performance Standard 1305.3 (c), at least 10 percent of the enrollment will be made available to children who meet the definition for children with
disabilities. Children enrolled in the EHS-CCP program must be receiving child care subsidies at time of enrollment, as required for the Early Head Start- Child Care Partnership (EHS-CCP) grant.
CONTRA COSTA COUNTY
CSB Admissions Priorities / Selection Criteria
2016-2017 Program Year
March 29, 2016 Contra Costa County BOS Official Minutes 751
Page 1 of 3
Approved by Policy Council - 2/17/2016
Approved by Board of Supervisors -
2016-17 Head Start/Early Head Start/Early Education and Support Programs Recruitment and Enrollment Plan
Contra Costa County Employment and Human Services Department - Community Services Bureau
DESIRED OUTCOME: To inform the public about services available through the Contra Costa County Community Services Bureau, particularly those populations identified in our Community
Assessment, and to recruit and enroll eligible children and their families into the Head Start, Early Head Start and Early Education and Support Programs.
Goal #1: To recruit eligible pregnant women, infants, toddlers, and children.
Goal #2: To recruit children with disabilities.
Goal #3: To recruit special populations as per our community assessment and selection criteria: CPS/At-Risk, Domestic Violence, Limited English, Need for Full Day Care, Homeless,
TANF/CalWorks Recipient, Children with Health Impairments, Teen Parents, Grandparent Caregivers, and children of currently or formerly incarcerated parents.
ACTIVITIES PERSON (S)
RESPONSIBLE TIMELINE LOCATION INFORMATION TO INCLUDE DISTRIBUTION COMPLETION
Mobilize Parents – Word of
Mouth, our best strategy
CSM FCP & CSM
ERSEA
March 2016 Policy Council, Parent Meetings,
Family Newsletter, Tables in entryways
Reproducible Flyers and
Pre-App Screening Forms
Contest – parent with most
screening forms wins prize
All CSB and
Delegate and
Partner sites
Pamphlets/flyers
distributed:
a) General info on CSB
services
b) Enrollment flyers
c) Home-based services
Teachers, Site
Supervisors,
Comprehensive Services
Staff, Home Educators
Ongoing Laundromats
WIC offices
Grocery Stores
Classrooms
Elementary Schools
Clinics
Community-Based Organizations
County Agencies
Local churches
Education Offices
Libraries
Hospitals
Community Events
Check Cashing Agencies
High Schools
One-Stop Locations
Housing site offices (inc. 9 housing sites in
San Ramon)
Homeless Programs
Community Centers (Richmond, San
Pablo, Oakley, Willow Pass)
Parks & Rec centers (Ambrose)
LiHEAP office
Stage II & Alternative Payment Plans
Pictures
Short paragraph
describing program
options
Who is eligible
Explanation of services
available
List Health, Nutrition,
Education, Family
Services, Family Wellness,
Parent Engagement,
Disabilities Services
Home base
Contact numbers and/or
persons
HEAP mailings
Food Stamp Offices
Parent Meetings
Doctors’ Offices
EHSD Child Care
Offices
Volunteer Bureaus
One-Stop Centers
Parents
Farmers Markets
(Richmond Main
Street, San Pablo,
Concord)
March 29, 2016 Contra Costa County BOS Official Minutes 752
Page 2 of 3
Approved by Policy Council - 2/17/2016
Approved by Board of Supervisors -
ACTIVITIES PERSON (S)
RESPONSIBLE TIMELINE LOCATION INFORMATION TO INCLUDE DISTRIBUTION COMPLETION
Family Newsletter CSAMs Quarterly Distribute to all parents / partners Who is eligible
Who to Contact
Program Activities
Events, Educational
opportunities
Early Intervention Programs
Community Partners
Elementary Schools in the
District
Contact Agencies Serving
Children
ERSEA Manager,
Comprehensive Services
Managers
Spring and
Fall and as
needed
WIC offices
SELPAs
Child Care Centers
School Districts
Private Providers Community-Based
Organizations
Community Recreation Sites
PTAs
Human Service Department
Partner Sites
Family Child Care Networks
Resource and Referral Agencies
Stage II & Alternative Payment Plans
First Five Offices & Centers
Homeless Shelter
OB/GYN Offices
LiHEAP office
Initial letter containing
description of Head Start
and Agency services and
program options
Personal visit to discuss
coordination services,
share program and
curriculum information,
plan referrals.
Community Contact
Agencies
Serving Children
Coordinate Transition
Activities with Elementary
Schools
MH/Disabilities Manager;
Site Supervisors
Education Managers
Spring/
Summer and
throughout the
year as
needed
Childcare Centers Elementary
Schools
Other agencies for intake for special
needs children
High School/IT
Any pertinent information on child,
authorized by parent
Elementary School staff
meetings/ parent
meetings;
Site based staff meetings/
parent meetings;
Policy Council Meetings
Coordinate
Transition
Activities with
Elementary
Schools
Speak at local organizations Directors, Assistant
Directors,
Comprehensive Services
Mgrs., Male Involvement
Coordinator
All Year Union Meetings
Faith Based Organizations SHARE
County Malls
Fairs
Clubs
Community Events
Other Government Agencies
Non-Profit Agencies
Businesses, Corporations and Foundations
Make Head Start staff or
Policy Council rep.
available
Describe advantageous
services
Distribute pamphlets
List of centers with contact
information
Set up information table
with posters and pictures
Application packages
Civic Organizations
PTA meetings
Church groups
Community events
Speak at local
organizations
March 29, 2016 Contra Costa County BOS Official Minutes 753
Page 3 of 3
Approved by Policy Council - 2/17/2016
Approved by Board of Supervisors -
ACTIVITIES PERSON (S)
RESPONSIBLE TIMELINE LOCATION INFORMATION TO INCLUDE DISTRIBUTION COMPLETION
“Staff Walks in the
Community”
Site Supervisors May - August Neighborhoods
Other Agencies
Brief description of services
Magnets or other marketing
aids with contact info
Flyers
Community
Any opportunity for free ads
in local media
Assistant Directors;
Analysts
Spring-Fall Local newspaper agencies, Penny
Saver, Grapevine, etc.
Short information on
program, in English and
Spanish
Main phone number in
Concord
Newspapers
Community Events ALL STAFF All year Contra Costa County Information on employment
for teachers
Informational Flyers
Magnets, etc. with brief
information
Community
Maintain supply of free Head
Start pamphlets (order from
ACF)
Site Supervisors,
Managers for HB and
Partners
Comp. Services Asst.
Managers
All year All CSB Centers
All Partner/Delegate centers
One Stop Career Centers
Human Services Department
SS of WIC
SparkPoint
Family Justice Center
LiHEAP office
Description of Head Start
program and sample
activities
Sites could add local contact
information (stamp local info
on back), if desired
Community
Implement streamlined
referral processes per MOUs
ERSEA Manager Annually CFS
BBK
RCEB
Health Services
CalWorks
Protocol and Procures
Forms
Tracking of special referrals
Organizations noted in
“Location” section.
March 29, 2016 Contra Costa County BOS Official Minutes 754
RECOMMENDATION(S):
AUTHORIZE an allocation of $150,000 to the Ambrose Recreation and Park District from the FY 2015/16 Keller
Canyon Mitigation Fund, and an additional $100,000 forward commitment from the FY 2016/17 Keller Canyon
Mitigation Fund for the Ambrose Park Aquatics Complex Project in Bay Point, as recommended by the Keller
Canyon Mitigation Fund Review Committee.
FISCAL IMPACT:
Recommended funding will come from unallocated FY 2015/16 and FY 2016/17 Keller Canyon Mitigation Funds
and, therefore, have no impact on the County's General Fund.
BACKGROUND:
On August 18, 2015, the Board of Supervisors approved the FY 2015/16 Keller Canyon Mitigation Fund (KCMF)
Allocation Plan. Eighty-eight projects/programs/initiatives were granted funding totaling $1,394,702. Subsequent to
the allocation, an additional $12,600 was allocated to three projects by the Board. Also, subsequent to the allocations,
an error was identified in the Keller Canyon Mitigation Fund (KCMF) fund balance during an audit review. As a
result, the fund balance will be increased by $99,967, and the FY 2015/16 KCMF unallocated funds balance will be
increased to $150,579. Per KCMF Policy (Section II.G), 20% of the projected FY 2015/16 revenue ($220,000)
remains unallocated.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Kristen Lackey (925)
674-7888
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C.101
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Allocation of FY 2015/16 and FY 2016/17 Keller Canyon Mitigation Funds
March 29, 2016 Contra Costa County BOS Official Minutes 755
BACKGROUND: (CONT'D)
On March 3, 2016, the KCMF Review Committee (Committee) convened to consider allocating funds for the
Ambrose Park Aquatics Complex Project in Bay Point. The project includes rebuilding the pool, replacing
restrooms, equipment facilities, and landscaping. The Committee recommended allocating $150,000 to the
Ambrose Recreation and Park District from the FY 2015/16 KCMF and committing $100,000 of FY 2016/17
KCMF funds (see Attachment A). The funds will be matched by funds from Ambrose Recreation & Park District
and the City of Pittsburg.
CONSEQUENCE OF NEGATIVE ACTION:
Not approving the recommended allocation would create a funding gap in the Ambrose Park Aquatics Complex
Project in Bay Point.
CHILDREN'S IMPACT STATEMENT:
The allocation of KCMF funding supports the following outcome in the Children's Report Card: Families are safe,
stable, and nurturing .
CLERK'S ADDENDUM
Speakers: Judy Dawson, resident of Bay Point; Pete Longmire, City of Pittsburg, Doug Long, Ambrose Park
District; Patrici Aguilar, ACCE, resident of Bay Point; Lola Maria Vargas, West Pittsburg for Progress.
ATTACHMENTS
Attachment A: Keller Canyon Mitigation Fund Allocations Summary
March 29, 2016 Contra Costa County BOS Official Minutes 756
Attachment A: Keller Canyon Mitigation Fund Allocations Summary
FY 2015/16 Unallocated Funds Calculation
FY 2014/15 Ending Fund Balance (corrected on 3/8/16) $ 688,553
Plus FY 2015/16 Projected Revenue $ 1,100,000
Less 20% (per KCMF Policy II.G) $ (220,000)
Total Available for Allocation $ 1,568,553
FY 2015/16 Allocation approved on 8/18/15 $ (1,394,702)
Supplemental Allocations approved on December 8, 2015 $ (12,600)
FY 14/15 Carryover Expenses (late demands) $ (10,000)
Recommended Ambrose Aquatics allocation $ (150,000)
FY 15/16 Unallocated Funds $ 1,251
FY 2016/17 Forward Commitment for Ambrose Aquatics $ 100,000
March 29, 2016 Contra Costa County BOS Official Minutes 757
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #26-387-1 with Regents of the University of California on behalf of its University of
California, San Diego Extension - Healthcare, an educational institution, effective April 1, 2016, to amend Contract
#26-387, to extend the termination date from September 30, 2016 to September 30, 2018.
FISCAL IMPACT:
None
BACKGROUND:
On December 8, 2015, the Board of Supervisors approved Contract #26-387 with Regents of the University of
California on behalf of its University of California, San Diego Extension – Healthcare
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anna Roth, 370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan
C.109
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Amendment #26-387-1 with Regents of the University of California on behalf of its University of California, San
Diego Extension - Healthcare
March 29, 2016 Contra Costa County BOS Official Minutes 758
BACKGROUND: (CONT'D)
for the provision of
supervised field instruction to lactation consultation students, for the period from October 1, 2015 through
September 30, 2016.
Approval of Contract Amendment Agreement #26-387-1 will allow Regents of the University of California on
behalf of its University of California, San Diego Extension - Healthcare students to receive additional supervised
field instruction services through September 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, students will not receive supervised field instruction.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 759
RECOMMENDATION(S):
In the matter of making a to loan of $2,000,000 in Community Development Block Grant funds to EB, L.P., to
acquire and rehabilitate the East Bluff Apartments in Pinole:
1. FIND that this project is categorically exempt per Section 15301 of the California Environmental Quality Act
(CEQA);
2. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal
documents to effect the loan;
3. DIRECT the Director of Conservation and Development to file a Notice of Exemption for the East Bluff
Apartment project with the County Clerk; and
4. DIRECT the Director of Conservation and Development, or designee, to arrange for payment of the $50 handling
fee to the County Clerk for filing such Notice of Exemption.
FISCAL IMPACT:
No General Fund impact. Community Development Block Grant funds are provided to the County on a formula
allocation basis through the U.S. Department of Housing and Urban Development (HUD). CFDA #14.218
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C.114
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Approval of Community Development Block Grant Legal Documents for the East Bluff Apartment Project in Pinole
March 29, 2016 Contra Costa County BOS Official Minutes 760
BACKGROUND:
On October 6, 2015, the Board of Supervisors allocated $2,000,000 in Community Development Block Grant
(CDBG) funds as a loan to Eden Housing Inc. for the acquisition of East Bluff Apartments at 1813 Marlesta
Court, Pinole. East Bluff apartments was built in 1973 and was purchased by East Bluff Associates L.P. in 2010.
The development consists of 144 one and two bedroom units in 13 apartment buildings. All units are affordable to
households earning 50 or 60 percent of the area median income.
A new limited partnership, EB, L.P. will purchase East Bluff Apartments using CDBG funds. The general partner
of EB, L.P. is EB, LLC with Eden Investments Inc. (an affiliate of Eden Housing, Inc.) as the sole
member/manager. The limited partner will be the tax credit equity investor. These funds will be used to payoff an
existing mortgage and to rehabilitate the property. The rehabilitation will include roof replacement, full reskinning
of the buildings, window and door replacement, exterior stair replacement, deck removal, energy efficiency and
water conservation upgrades, and path of travel and unit accessibility improvements. Interior improvements will
include community room upgrades, and replacement of unit features as identified in the physical needs
assessment. Landscape work will include the installation of two tot-lots and removal of trees to remove dead,
dying and crowded trees. The cost and scope of the improvements will require compliance with building codes.
In addition to the CDBG loan, the project will be funded with low income housing tax credits and tax-exempt
bond financing. The County is the issuer for the tax-exempt bonds. The City of Pinole has an existing loan, which
will be assigned to the new owner. The new funds will be used to payoff an existing mortgage and to rehabilitate
the property.
The County legal documents are attached and include a loan agreement, a promissory note, a deed of trust and
security agreement, a regulatory agreement, and an intercreditor agreement. The loan will have a three percent
interest rate and 55 year term, which is typical for CDBG loans. There may be some annual loan payments if the
project has surplus cash flow. Otherwise, the loan is deferred for 55 years. The loan documents are attached in
their substantially final form and will be executed in a form approved by County Counsel. The County will also
be requested to subordinate to the bank loan and may be requested to sign estoppel agreements.
National Environmental Policy Act (NEPA): CDBG projects are subject to NEPA and 24 CFR Part 58 review.
The NEPA review for this project has been completed and requires compliance with the Bay Area Air Quality
Management District's asbestos removal permit requirements.
This project is categorically exempt from CEQA pursuant to Section 15301.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval and execution of the CDBG legal documents, the acquisition and rehabilitation will not be
done and the property will continue to suffer from deferred maintenance.
CHILDREN'S IMPACT STATEMENT:
This project will help preserve existing affordable housing, which supports the Children's Impact Statement:
"Families are Economically Self-Sufficient."
ATTACHMENTS
Notice of Exemption
Deed of Trust
Promissory Note
Regulatory Agreement
Intercreditor Agreement
March 29, 2016 Contra Costa County BOS Official Minutes 761
March 29, 2016 Contra Costa County BOS Official Minutes 762
863\97\1833960.3 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Affordable Housing Program Manager
No fee for recording pursuant to
Government Code Section 27383
DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING
(East Bluff Apartments)
THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY
AGREEMENT ("Deed of Trust") is made as of March __, 2016, by and among EB, L.P., a
California limited partnership ("Trustor"), North American Title Company, a California
corporation ("Trustee"), and the County of Contra Costa, a political subdivision of the State of
California ("Beneficiary").
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein
recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF
SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions
hereinafter set forth, Trustor's fee interest in the property located in the County of Contra Costa,
State of California, that is described in the attached Exhibit A, incorporated herein by this
reference (the "Property").
TOGETHER WITH all interest, estates or other claims, both in law and in equity which
Trustor now has or may hereafter acquire in the Property and the rents;
TOGETHER WITH all easements, rights-of-way and rights used in connection therewith
or as a means of access thereto, including (without limiting the generality of the foregoing) all
tenements, hereditaments and appurtenances thereof and thereto;
TOGETHER WITH any and all buildings and improvements of every kind and
description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed
to or placed upon the Property;
TOGETHER WITH all building materials and equipment now or hereafter delivered to
said property and intended to be installed therein;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired, in and to any land lying within the right-of-way of any street, open or proposed,
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adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to
or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including, but
not limited to, all deposits made with or other security given by Trustor to utility companies, the
proceeds from any or all of such property, including the Property, claims or demands with
respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may
hereafter acquire, any and all awards made for the taking by eminent domain or by any
proceeding or purchase in lieu thereof of the whole or any part of such property, including
without limitation, any awards resulting from a change of grade of streets and awards for
severance damages to the extent Beneficiary has an interest in such awards for taking as
provided in Paragraph 4.1 herein;
TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Property which are necessary to the complete and comfortable use
and occupancy of such building or buildings for the purposes for which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or will be, attached to said building or buildings in any
manner; and
TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment,
work in process and other personal property to be incorporated into the Property; all goods,
materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other
personal property now or hereafter appropriated for use on the Property, whether stored on the
Property or elsewhere, and used or to be used in connection with the Property; all rents, issues
and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles,
chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance
and condemnation awards and proceeds, trade names, trademarks and service marks arising from
or related to the Property and any business conducted thereon by Trustor; all replacements,
additions, accessions and proceeds; and all books, records and files relating to any of the
foregoing.
All of the foregoing, together with the Property, is herein referred to as the "Security."
To have and to hold the Security together with acquittances to the Trustee, its successors and
assigns forever.
FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together,
the "Secured Obligations"):
A. Payment to Beneficiary of all sums at any time owing under or in connection with
(i) the Note (defined in Section 1.6 below) until paid in full or cancelled, and (ii) any other
amounts owing under the Loan Documents (defined in Section 1.5 below). Principal and other
payments are due and payable as provided in the Note or other Loan Documents, as applicable.
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The Note and all its terms are incorporated herein by reference, and this conveyance secures any
and all extensions thereof, however evidenced;
B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to
the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to
advance said sums and the expiration of any applicable cure period, with interest thereon as
provided herein;
C. Performance of every obligation, covenant or agreement of Trustor contained
herein and in the Loan Documents; and
D. All modifications, extensions and renewals of any of the Secured Obligations
(including without limitation, (i) modifications, extensions or renewals at a different rate of
interest, or (ii) deferrals or accelerations of the required principal payment dates or interest
payment dates or both, in whole or in part), however evidenced, whether or not any such
modification, extension or renewal is evidenced by a new or additional promissory note or notes.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Deed of Trust, the following terms have
the following meanings in this Deed of Trust:
Section 1.1 The term "Default Rate" means the lesser of the maximum rate permitted
by law and ten percent (10%) per annum.
Section 1.2 The term "Intercreditor Agreement" means that certain Intercreditor
Agreement of even date herewith, among Trustor, Beneficiary, and the City of Pinole.
Section 1.3 The term "Loan" means the loan made by Beneficiary to Trustor in the
amount of Two Million Dollars ($2,000,000).
Section 1.4 The term "Loan Agreement" means that certain CDBG Loan Agreement
between Trustor and Beneficiary, of even date herewith, as such may be amended from time to
time, providing for the Beneficiary to loan to Trustor Two Million Dollars ($2,000,000).
Section 1.5 The term "Loan Documents" means this Deed of Trust, the Note, the Loan
Agreement, the Intercreditor Agreement, and the Regulatory Agreement, and any other
agreements, debt, loan or security instruments between Trustor and Beneficiary relating to the
Loan.
Section 1.6 The term "Note" means the promissory note in the principal amount of
Two Million Dollars ($2,000,000) of even date herewith, executed by Trustor in favor of
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Beneficiary, as it may be amended or restated, the payment of which is secured by this Deed of
Trust. The terms and provisions of the Note are incorporated herein by reference.
Section 1.7 The term "Principal" means the amounts required to be paid under the
Note.
Section 1.8 The term "Regulatory Agreement" means the Regulatory Agreement and
Declaration of Restrictive Covenants of even date herewith by and between Beneficiary and
Trustor.
ARTICLE 2
MAINTENANCE AND MODIFICATION OF THE PROPERTY
AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.
The Trustor agrees that at all times prior to full payment and performance of the Secured
Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the
Security or cause the Security to be maintained and preserved in good condition. The Trustor
will from time to time make or cause to be made all repairs, replacements and renewals deemed
proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for
the making of improvements or additions to the Security.
Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all
claims for labor done and for material and services furnished in connection with the Security,
diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation
of labor on the work or construction on the Security for a continuous period of thirty (30) days or
more, and to take all other reasonable steps to forestall the assertion of claims of lien against the
Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary
as its agent (said agency being coupled with an interest) with the authority, but without any
obligation, to file for record any notices of completion or cessation of labor or any other notice
that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the
Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor
only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as
hereinbefore provided.
Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or
claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who
have furnished or claim to have furnished labor, services or materials in connection with the
Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or
services which Trustor in good faith disputes and is diligently contesting provided that Trustor
shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the
Recorder of Contra Costa County, a surety bond in an amount 1 and 1/2 times the amount of
such claim item to protect against a claim of lien.
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Section 2.2 Granting of Easements.
Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in
the nature of easements with respect to any property or rights included in the Security except
those required or desirable for installation and maintenance of public utilities including, without
limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and
as approved, in writing, by Beneficiary.
Section 2.3 Assignment of Rents.
As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby
absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of
the Property including those now due, past due, or to become due by virtue of any lease or other
agreement for the occupancy or use of all or any part of the Property, regardless of to whom the
rents and revenues of the Property are payable, subject to the rights of senior lenders that are
approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes
Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs
each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided,
however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of
any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive
all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to
apply the rents and revenues so collected to the Secured Obligations with the balance, so long as
no such breach has occurred and is continuing, to the account of Trustor, it being intended by
Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not
an assignment for additional security only. Upon delivery of written notice by Beneficiary to
Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents, and without the necessity of Beneficiary entering upon and taking and maintaining
full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall
immediately be entitled to possession of all rents and revenues of the Property as specified in this
Section 2.3 as the same becomes due and payable, including but not limited to, rents then due
and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor
as trustee for the benefit of Beneficiary only; provided, however, that the written notice by
Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its
rights to such rents. Trustor agrees that commencing upon delivery of such written notice of
Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents
payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written
demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering
such demand to each rental unit, without any liability on the part of said tenant to inquire further
as to the existence of a default by Trustor.
Trustor hereby covenants that Trustor has not executed any prior assignment of said
rents, other than as security to senior lenders, that Trustor has not performed, and will not
perform, any acts or has not executed and will not execute, any instrument which would prevent
Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of
this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the
Property for more than two (2) months prior to the due dates of such rents. Trustor covenants
that Trustor will not hereafter collect or accept payment of any rents of the Property more than
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two (2) months prior to the due dates of such rents. Trustor further covenants that, so long as the
Secured Obligations are outstanding, Trustor will execute and deliver to Beneficiary such further
assignments of rents and revenues of the Property as Beneficiary may from time to time request.
Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents,
Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy
of Beneficiary's security, enter upon and take and maintain full control of the Property in order to
perform all acts necessary and appropriate for the operation and maintenance thereof including,
but not limited to, the execution, cancellation or modification of leases, the collection of all rents
and revenues of the Property, the making of repairs to the Property and the execution or
termination of contracts providing for the management or maintenance of the Property, all on
such terms as are deemed best to protect the security of this Deed of Trust. In the event
Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of
any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to
the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a
reasonable fee for so managing the Property.
All rents and revenues collected subsequent to delivery of written notice by Beneficiary
to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents are to be applied first to the costs, if any, of taking control of and managing the
Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies,
taxes, assessments and other charges on the Property, and the costs of discharging any obligation
or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this
deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the
operation and maintenance of the Property and will be liable to account only for those rents
actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor
or anyone having an interest in the Property by reason of anything done or left undone by
Beneficiary under this Section 2.3.
If the rents of the Property are not sufficient to meet the costs, if any, of taking control of
and managing the Property and collecting the rents, any funds expended by Beneficiary for such
purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless
Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by
Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and
will bear interest from the date of disbursement at the rate stated in Section 3.3.
If the Beneficiary or the receiver enters upon and takes and maintains control of the
Property, neither that act nor any application of rents as provided herein will cure or waive any
default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary
under applicable law or under this Deed of Trust. This assignment of rents of the Property will
terminate at such time as this Deed of Trust ceases to secure the Secured Obligations.
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ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges.
Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes,
assessments, charges and levies imposed by any public authority or utility company that are or
may become a lien affecting the Security or any part thereof; provided, however, that Trustor is
not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the
legality thereof is promptly and actively contested in good faith and by appropriate proceedings,
and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this
Section 3.1. With respect to taxes, special assessments or other similar governmental charges,
Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of
the Security; provided, however, if such taxes, assessments or charges can be paid in
installments, Trustor may pay in such installments. Except as provided in clause (b) of the first
sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that
Trustor maintain a reserve account, escrow account, impound account or other similar account
for the payment of future taxes, assessments, charges and levies.
In the event that Trustor fails to pay any of the items required by this Section to be paid
by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary
has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within
seven (7) business days after receipt of such notice. Any amount so advanced therefor by
Beneficiary, together with interest thereon from the date of such advance at the maximum rate
permitted by law, will become part of the Secured Obligations secured hereby, and Trustor
agrees to pay all such amounts.
Section 3.2 Provisions Respecting Insurance.
Trustor agrees to provide insurance conforming in all respects to that required under the
Loan Documents during the course of construction and following completion, and at all times
until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured
hereunder have been fulfilled, and this Deed of Trust has been reconveyed.
All such insurance policies and coverages are to be maintained at Trustor's sole cost and
expense. Certificates of insurance for all of the above insurance policies, showing the same to be
in full force and effect, are to be delivered to the Beneficiary upon demand therefor at any time
prior to Trustor's satisfaction of the Secured Obligations.
Section 3.3 Advances.
In the event the Trustor fails to maintain the full insurance coverage required by this
Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the
Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation
to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii)
make any repairs or replacements that are necessary and provide for payment thereof. All
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amounts so advanced by the Beneficiary will become part of the Secured Obligations (together
with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to
pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the
advance at the Default Rate.
ARTICLE 4
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.
Subject to the rights of senior lenders, all judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (1) the taking of all or any part of or any
interest in the Property by or under assertion of the power of eminent domain, (2) any damage to
or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or
damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and
are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is
authorized and empowered (but not required) to collect and receive any Funds and is authorized
to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order
and manner as the Beneficiary determines at its sole option. The Beneficiary is entitled to settle
and adjust all claims under insurance policies provided under this Deed of Trust and may deduct
and retain from the proceeds of such insurance the amount of all expenses incurred by it in
connection with any such settlement or adjustment. All or any part of the amounts so collected
and recovered by the Beneficiary may be released to Trustor upon such conditions as the
Beneficiary may impose for its disposition. Application of all or any part of the Funds collected
and received by the Beneficiary or the release thereof will not cure or waive any default under
this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights
of any senior mortgage lender. The Beneficiary shall release the Funds to Trustor to be used to
reconstruct the improvements on the Property provided that Beneficiary reasonably determines
that Trustor (taking into account the Funds) has sufficient funds to rebuild the improvements in
substantially the form that existed prior to the casualty or condemnation.
ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER
ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST
Section 5.1 Other Agreements Affecting Property.
Trustor shall duly and punctually perform all terms, covenants, conditions and
agreements binding upon it under the Loan Documents and any other agreement of any nature
whatsoever now or hereafter involving or affecting the Security or any part thereof.
Section 5.2 Agreement to Pay Attorneys' Fees and Expenses.
In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the
Beneficiary employs attorneys or incurs other expenses for the collection of amounts due
hereunder or the enforcement of performance or observance of an obligation or agreement on the
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part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay
to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so
incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the
Secured Obligations, and will bear interest from the date such expenses are incurred at the
Default Rate.
Section 5.3 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth
in the Note in the amounts and by the times set out therein.
Section 5.4 Personal Property.
To the maximum extent permitted by law, the personal property subject to this Deed of
Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a
fixtures filing under the California Commercial Code. As to any personal property not deemed
or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the
California Commercial Code.
Section 5.5 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary such financing statements
pursuant to the appropriate statutes, and any other documents or instruments as are required to
convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall
perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to
maintain a valid perfected security interest in the Security in order to secure the payment of the
Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such
financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to
protect the security interest established pursuant to this instrument.
Section 5.6 Operation of the Security.
The Trustor shall operate the Security (and, in case of a transfer of a portion of the
Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in
full compliance with the Loan Documents.
Section 5.7 Inspection of the Security.
At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and
its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may
inspect the Security, without payment of charges or fees.
Section 5.8 Nondiscrimination.
The Trustor herein covenants by and for itself, its heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there will be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed,
religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself
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or any person claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants
run with the land.
ARTICLE 6
HAZARDOUS WASTE
Trustor shall keep and maintain the Property (including, but not limited to, soil and
ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause
or permit the Property to be in violation of any Hazardous Materials Law (defined below).
Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on,
under, or about the Property or transportation to or from the Property of (i) any substance,
material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or
asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon
gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste,
substance or material defined as or included in the definition of "hazardous substances,"
"hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances,"
or words of similar import under any Hazardous Materials Law (collectively referred to
hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used
in construction or operation of a multi-family residential development.
Trustor shall immediately advise Beneficiary in writing if at any time it receives written
notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory
actions instituted, completed or threatened against Trustor or the Property pursuant to any
applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous
Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of
the environment, and all amendments thereto as of this date and to be added in the future and any
successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all
claims made or threatened by any third party against Trustor or the Property relating to damage,
contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials
(the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous
Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real
property adjoining or in the vicinity of the Property that could cause the Property or any part
thereof to be classified as "border-zone property" (as defined in California Health and Safety
Code Section 25117.4) under the provision of California Health and Safety Code Section 25220
et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any
restrictions on the ownership, occupancy, transferability or use of the Property under any
Hazardous Materials Law.
Beneficiary has the right to join and participate in, as a party if it so elects, and be
represented by counsel acceptable to Beneficiary (or counsel of its own choice if a conflict exists
with Trustor) in, any legal proceedings or actions initiated in connection with any Hazardous
Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by
Trustor.
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Trustor shall indemnify and hold harmless Beneficiary and its boardmembers, directors,
officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine,
penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or
attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials
Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use,
generation, manufacture, storage, release, threatened release, discharge, disposal, transportation,
or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation,
cleanup, remediation, removal, or restoration work of site conditions of the Property relating to
Hazardous Materials (whether on the Property or any other property); and (v) the breach of any
representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the
Loan Agreement. Such indemnity must include, without limitation: (x) all consequential
damages; (y) the costs of any required or necessary investigation, repair, cleanup or
detoxification of the Property and the preparation and implementation of any closure, remedial or
other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in
connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and
consultant fees. This indemnification applies whether or not any government agency has issued
a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this
indemnification provision include, but are not limited to: (1) losses attributable to diminution in
the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3)
adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines
levied by, and remedial or enforcement actions of any kind issued by any regulatory agency
(including but not limited to the costs of any required testing, remediation, repair, removal,
cleanup or detoxification of the Property and surrounding properties). This obligation to
indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected
in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of
Hazardous Materials.
Without Beneficiary's prior written consent, which may not be unreasonably withheld,
Trustor may not take any remedial action in response to the presence of any Hazardous Materials
on, under or about the Property, nor enter into any settlement agreement, consent decree, or other
compromise in respect to any Hazardous Material Claims, which remedial action, settlement,
consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of
the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not
necessary in the event that the presence of Hazardous Materials on, under, or about the Property
either poses an immediate threat to the health, safety or welfare of any individual or is of such a
nature that an immediate remedial response is necessary and it is not reasonably possible to
obtain Beneficiary's consent before taking such action, provided that in such event Trustor
notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to
withhold its consent, where such consent is required hereunder, if (i) a particular remedial action
is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or
criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the
reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial
action which would result in less impairment of Beneficiary's security hereunder; or (iv) the
action has been agreed to by Beneficiary.
The Trustor hereby acknowledges and agrees that (i) this Article is intended as the
Beneficiary's written request for information (and the Trustor's response) concerning the
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environmental condition of the Property as required by California Code of Civil Procedure
Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other
Loan Documents (together with any indemnity applicable to a breach of any such representation
and warranty) with respect to the environmental condition of the property is intended by the
Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code
of Civil Procedure Section 736.
In the event that any portion of the Property is determined to be "environmentally
impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to
be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section
726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the
Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its
rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such
environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and
remedies of an unsecured creditor, including reduction of its claim against the Trustor to
judgment, and (b) any other rights and remedies permitted by law. For purposes of determining
the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil
Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced
in a release or threatened release of hazardous materials, within the meaning of California Code
of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials
was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any
portion of the Property and the Trustor knew or should have known of the activity by such
lessee, occupant, or user which caused or contributed to the release or threatened release. All
costs and expenses, including (but not limited to) attorne ys ' fees, incurred by the Beneficiary in
connection with any action commenced under this paragraph, including any action required by
California Code of Civil Procedure Section 726.5(b) to determine the degree to which the
Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be
added to the indebtedness secured by this Deed of Trust and will be due and payable to the
Beneficiary upon its demand made at any time following the conclusion of such action.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.
The following are events of default following the expiration of any applicable notice and
cure periods (each an "Event of Default"): (i) failure to make any payment to be paid by Trustor
under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants,
agreements or obligations under the Loan Documents, including, without limitation, the
provisions concerning discrimination; (iii) failure to make any payment or observe or perform
any of Trustor's other covenants, agreements, or obligations under any Secured Obligations,
which default is not cured within the times and in the manner provided therein; and (iv) failure to
make any payments or observe or perform any of Trustor's other covenants, agreements or
obligations under any other debt instrument or regulatory agreement secured by the Property,
which default is not cured within the time and in the manner provided therein.
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Section 7.2 Acceleration of Maturity.
If an Event of Default has occurred and is continuing, then at the option of the
Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured
Obligations are immediately due and payable, and no omission on the part of the Beneficiary to
exercise such option when entitled to do so may be construed as a waiver of such right.
Section 7.3 The Beneficiary's Right to Enter and Take Possession.
If an Event of Default has occurred and is continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
security, enter upon the Property and take possession thereof (or any part thereof) and of any of
the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary
or desirable to preserve the value or marketability of the Property, or part thereof or interest
therein, increase the income therefrom or protect the security thereof. The entering upon and
taking possession of the Security will not cure or waive any Event of Default or Notice of Sale
(as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such
Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in
possession of the Security, Beneficiary will be entitled to exercise every right provided for in this
Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise
the power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of an Event of Default and
demand for sale, and a written notice of default and election to cause Trustor's interest in the
Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly
filed for record in the Official Records of Contra Costa County; or
(d) Exercise all other rights and remedies provided herein, in the instruments
by which the Trustor acquires title to any Security, or in any other document or agreement now
or hereafter evidencing, creating or securing the Secured Obligations.
Section 7.4 Foreclosure By Power of Sale.
Should the Beneficiary elect to foreclose by exercise of the power of sale herein
contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with
Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to
constitute evidence that the Secured Obligations are immediately due and payable), and such
receipts and evidence of any expenditures made that are additionally secured hereby as Trustee
may require.
(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall
cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required
by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of
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that amount of time as is then required by law and after recordation of such Notice of Sale as
required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale,
whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in
such order as it determines, unless specified otherwise by the Trustor according to California
Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of
the United States payable at the time of sale. Trustee shall deliver to such purchaser or
purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but
without any covenant or warranty, express or implied. The recitals in such deed or any matters
of facts will be conclusive proof of the truthfulness thereof. Any person, including, without
limitation, Trustor, Trustee or Beneficiary, may purchase at such sale.
(b) After deducting all reasonable costs, fees and expenses of Trustee,
including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds
of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured
Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured
hereby; and (iv) the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the Property by public
announcement at such time and place of sale, and from time to time thereafter, and without
further notice make such sale at the time fixed by the last postponement, or may, in its discretion,
give a new Notice of Sale.
Section 7.5 Receiver.
If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and
without further notice to Trustor or anyone claiming under the Security, and without regard to
the then value of the Security or the interest of Trustor therein, may apply to any court having
jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor
hereby irrevocably consents to such appointment and waives further notice of any application
therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in
like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided
herein, and will continue as such and exercise all such powers until the date of confirmation of
sale of the Security, unless such receivership is sooner terminated.
Section 7.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of
Trust is intended to be exclusive of any other right, power or remedy, but each and every such
right, power and remedy will be cumulative and concurrent and will be in addition to any other
right, power and remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.7 No Waiver.
(a) No delay or omission of the Beneficiary to exercise any right, power or
remedy accruing upon any Event of Default will exhaust or impair any such right, power or
remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence
therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may
be exercised from time to time and as often as may be deemed expeditious by the Beneficiary.
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Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor
hereunder will not be deemed or construed to be a consent to any subsequent breach, or further
waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the
part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default,
irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of
its right hereunder or impair any rights, power or remedies consequent on any Event of Default
by the Trustor.
(b) If the Beneficiary (i) grants forbearance or an extension of time for the
payment or performance of any Secured Obligation, (ii) takes other or additional security or the
payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the
Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or
otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents,
(v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or
consents to any agreement subordinating the lien hereof, any such act or omission will not
release, discharge, modify, change or affect the original liability under this Deed of Trust, or any
other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or
any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such
act or omission preclude the Beneficiary from exercising any right, power or privilege herein
granted or intended to be granted in any Event of Default then made or of any subsequent Event
of Default, nor, except as otherwise expressly provided in an instrument or instruments executed
by the Beneficiary, will the lien of this Deed of Trust be altered thereby.
Section 7.8 Suits to Protect the Security.
The Beneficiary has the power to (a) institute and maintain such suits and proceedings as
it may deem expedient to prevent any impairment of the Security and the rights of the
Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its
interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or
compliance with any legislation or other governmental enactment, rule or order that may be
unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
rule or order would impair the Security thereunder or be prejudicial to the interest of the
Beneficiary.
Section 7.9 Trustee May File Proofs of Claim.
In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement,
adjustment, composition or other proceedings affecting the Trustor, its creditors or its property,
the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and
other documents as may be necessary or advisable in order to have the claims of the Beneficiary
allowed in such proceedings and for any additional amount that becomes due and payable by the
Trustor hereunder after such date.
Section 7.10 Waiver.
The Trustor waives presentment, demand for payment, notice of dishonor, notice of
protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in
taking any action to collect any Secured Obligations or in proceedings against the Security, in
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connection with the delivery, acceptance, performance, default, endorsement or guaranty of this
Deed of Trust.
ARTICLE 8
MISCELLANEOUS
Section 8.1 Amendments.
This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only
by an instrument in writing signed by Beneficiary and Trustor.
Section 8.2 Reconveyance by Trustee.
Upon written request of Beneficiary stating that all Secured Obligations have been paid
or forgiven, and all obligations under the Loan Documents have been performed in full, and
upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment
by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the
person or persons legally entitled thereto.
Section 8.3 Notices.
If at any time after the execution of this Deed of Trust it becomes necessary or
convenient for one of the parties hereto to serve any notice, demand or communication upon the
other party, such notice, demand or communication must be in writing and is to be served
personally or by depositing the same in the registered United States mail, return receipt
requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to:
County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attention: Affordable Housing Program Manager
and (2) if intended for Trustor is to be addressed to:
EB, L.P.
c/o EB, LLC
22645 Grand Street
Hayward, CA 94541
Attention: President
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863\97\1833960.3 17
With a copy to:
U.S. Bancorp Community Development Corporation
1307 Washington Avenue, Suite 300
Mail Code SL MO RMCD
St. Louis, MO 63103
Attn: Director of LIHTC Asset Management
Phone: (314) 355-2600
with a copy to:
Kutak Rock LLP
1650 Farnam Street
Omaha, NE 68102-2186
Attn: Jill H. Goldstein, Esq.
Any notice, demand or communication will be deemed given, received, made or communicated
on the date personal delivery is effected or, if mailed in the manner herein specified, on the
delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either
party may change its address at any time by giving written notice of such change to Beneficiary
or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the
date such change is desired to be effective.
Section 8.4 Successors and Joint Trustors.
Where an obligation created herein is binding upon Trustor, the obligation also applies to
and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the
effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to
be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than
one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation
of each and every entity and person comprising Trustor.
Section 8.5 Captions.
The captions or headings at the beginning of each Section hereof are for the convenience
of the parties and are not a part of this Deed of Trust.
Section 8.6 Invalidity of Certain Provisions.
Every provision of this Deed of Trust is intended to be severable. In the event any term
or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or
other body of competent jurisdiction, such illegality or invalidity will not affect the balance of
the terms and provisions hereof, which terms and provisions will remain binding and
enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or
partially secured portion of the debt, and all payments made on the debt, whether voluntary or
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863\97\1833960.3 18
under foreclosure or other enforcement action or procedure, will be considered to have been first
paid or applied to the full payment of that portion of the debt that is not secured or partially
secured by the lien of this Deed of Trust.
Section 8.7 Governing Law.
This Deed of Trust is governed by the laws of the State of California.
Section 8.8 Gender and Number.
In this Deed of Trust the singular includes the plural and the masculine includes the
feminine and neuter and vice versa, if the context so requires.
Section 8.9 Deed of Trust, Mortgage.
Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any
reference to a deed of trust also refers to a mortgage.
Section 8.10 Actions.
Trustor shall appear in and defend any action or proceeding purporting to affect the
Security.
Section 8.11 Substitution of Trustee.
Beneficiary may from time to time substitute a successor or successors to any Trustee
named herein or acting hereunder to execute this Trust. Upon such appointment, and without
conveyance to the successor trustee, the latter will be vested with all title, powers, and duties
conferred upon any Trustee herein named or acting hereunder. Each such appointment and
substitution is to be made by written instrument executed by Beneficiary, containing reference to
this Deed of Trust and its place of record, which, when duly recorded in the proper office of the
county or counties in which the Property is situated, will be conclusive proof of proper
appointment of the successor trustee.
Section 8.12 Statute of Limitations.
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the full extent permissible by law.
Section 8.13 Acceptance by Trustee.
Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is
made public record as provided by law. Except as otherwise provided by law, the Trustee is not
obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or
proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee.
Section 8.14 Tax Credit Provisions.
Notwithstanding anything to the contrary contained herein or in any documents secured
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863\97\1833960.3 19
by this Deed of Trust or contained in any subordination agreement, and to the extent applicable,
the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed-in-lieu of
foreclosure (collectively, "Foreclosure") with respect to the Security encumbered by this Deed of
Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies:
For a period of three (3) years from the date of Foreclosure, with respect to an existing
tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of
their tenancy (other than for good cause), (ii) nor may such tenant's gross rent with respect to
such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue
Code.
March 29, 2016 Contra Costa County BOS Official Minutes 781
Signature page
County Deed of Trust
863\97\1833960.3
20
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first
above written.
EB, L.P., a California limited partnership
By: EB, LLC, a California limited liability
company, its general partner
By: Eden Development Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By:____________________
Its:____________________
March 29, 2016 Contra Costa County BOS Official Minutes 782
863\97\1833960.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
March 29, 2016 Contra Costa County BOS Official Minutes 783
A-1
863\97\1833960.3
EXHIBIT A
LEGAL DESCRIPTION
The land is situated in the State of California, County of Contra Costa, and is described as
follows:
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863\97\1833951.3 1
PROMISSORY NOTE
(CDBG Loan)
$2,000,000 Martinez, California
March___, 2016
FOR VALUE RECEIVED, the undersigned EB, L.P., a California limited
partnership ("Borrower") hereby promises to pay to the order of the County of Contra Costa, a
political subdivision of the State of California ("Holder"), the principal amount of Two Million
Dollars ($2,000,000) plus interest thereon pursuant to Section 2 below.
All capitalized terms used but not defined in this Note have the meanings set forth in the
Loan Agreement.
1. Borrower's Obligation. This Note evidences Borrower's obligation to repay
Holder the principal amount of Two Million Dollars ($2,000,000) with interest for the funds
loaned to Borrower by Holder to finance the construction of the Development pursuant to the
CDBG Loan Agreement between Borrower and Holder of even date herewith (the "Loan
Agreement").
2. Interest.
(a) Loan. Subject to the provisions of Subsection (b) below, the Loan bears
simple interest at a rate of three percent (3%) per annum from the date of disbursement until full
repayment of the principal balance of the Loan.
(b) Default Interest. If an Event of Default occurs, interest will accrue on all
amounts due under this Note at the Default Rate until such Event of Default is cured by
Borrower or waived by Holder.
3. Term and Repayment Requirements. Principal and interest under this Note is due
and payable as set forth in Section 2.8 of the Loan Agreement. The unpaid principal balance
hereunder, together with accrued interest thereon, is due and payable no later than the date that is
the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the
Completion Date cannot be located or established, the Loan is due and payable on the fifty-
seventh (57th) anniversary of the date of this Note.
4. No Assumption. This Note is not assumable by the successors and assigns of
Borrower without the prior written consent of Holder, except as provided in the Loan
Agreement.
5. Security. This Note, with interest, is secured by the Deed of Trust. Upon
execution, the Deed of Trust will be recorded in the official records of Contra Costa County,
California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to
Borrower, pursuant to and except as provided in Section 2.10 of the Loan Agreement which
Section 2.10 is hereby incorporated into this Note. The terms of the Deed of Trust are hereby
incorporated into this Note and made a part hereof.
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863\97\1833951.3 2
6. Terms of Payment.
(a) Borrower shall make all payments due under this Note in currency of the
United States of America to Holder at Department of Conservation and Development, 30 Muir
Road, Martinez, CA 94553, Attention: Affordable Housing Program Manager, or to such other
place as Holder may from time to time designate.
(b) All payments on this Note are without expense to Holder. Borrower shall
pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of
Holder, incurred in connection with the payment of this Note and the release of any security
hereof.
(c) Notwithstanding any other provision of this Note, or any instrument
securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment
of any sums by Borrower pursuant to the terms of this Note would result in the payment of
interest that exceeds the amount that Holder may legally charge under the laws of the State of
California, then the amount by which payments exceed the lawful interest rate will automatically
be deducted from the principal balance owing on this Note, so that in no event is Borrower
obligated under the terms of this Note to pay any interest that would exceed the lawful rate.
(d) The obligations of Borrower under this Note are absolute and Borrower
waives any and all rights to offset, deduct or withhold any payments or charges due under this
Note for any reason whatsoever.
7. Event of Default; Acceleration.
(a) Upon the occurrence of an Event of Default, the entire unpaid principal
balance, together with all interest thereon, and together with all other sums then payable under
this Note and the Deed of Trust will, at the option of Holder, become immediately due and
payable without further demand.
(b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above
or any other remedy provided by law upon the occurrence of an Event of Default does not
constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the
same or any other Event of Default. The acceptance by Holder of any payment that is less than
the total of all amounts due and payable at the time of such payment does not constitute a waiver
of the right to exercise any of the foregoing remedies or options at that time or at any subsequent
time, or nullify any prior exercise of any such remedy or option, without the express consent of
Holder, except as and to the extent otherwise provided by law.
8. Waivers.
(a) Borrower hereby waives diligence, presentment, protest and demand, and
notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note.
Borrower expressly agrees that this Note or any payment hereunder may be extended from time
to time, and that Holder may accept further security or release any security for this Note, all
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863\97\1833951.3 3
without in any way affecting the liability of Borrower.
(b) Any extension of time for payment of this Note or any installment hereof
made by agreement of Holder with any person now or hereafter liable for payment of this Note
must not operate to release, discharge, modify, change or affect the original liability of Borrower
under this Note, either in whole or in part.
9. Miscellaneous Provisions.
(a) All notices to Holder or Borrower are to be given in the manner and at the
addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may
therein designate.
(b) Borrower promises to pay all costs and expenses, including reasonable
attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless
of whether suit is filed to seek enforcement.
(c) This Note is governed by the laws of the State of California.
(d) The times for the performance of any obligations hereunder are to be
strictly construed, time being of the essence.
(e) The Loan Documents, of which this Note is a part, contain the entire
agreement between the parties as to the Loan. This Note may not be modified except upon the
written consent of the parties.
IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and
year first above written.
EB, L.P., a California limited partnership
By: EB LLC, a California limited liability
company, its general partner
By: Eden Development Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By:_______________________
Its:___________________
March 29, 2016 Contra Costa County BOS Official Minutes 787
1
863\97\1833966.3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Affordable Housing Program Manager
No fee for recording pursuant to
Government Code Section 27383
__________________________________________________________________________
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(East Bluff Apartments)
(CDBG Funds)
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement")
is dated March ___, 2016 and is between the County of Contra Costa, a political subdivision of
the State of California (the "County"), and EB, LP, a California limited partnership
("Borrower").
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Article 1 of
this Agreement.
B. The County has received funds from the United States Department of Housing
and Urban Development ("HUD") under Title I of the Housing and Community Development
Act of 1974, as amended ("CDBG Funds"). The CDBG Funds must be used by the County in
accordance with 24 C.F.R. Part 570.
C. Borrower intends to acquire the real property commonly known as 1813 Marlesta
Court, located in the City of Pinole, County of Contra Costa, State of California, and more
particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the one
hundred forty-four (144) multifamily housing units currently existing on the Property, one
hundred forty-two (142) of which will be for rental to very low and low income households, and
two (2) manager's units (the "Development"). The Development as well as all landscaping, roads
and parking spaces on the Property and any additional improvements on the Property, are the
"Improvements".
D. Pursuant to a CDBG Loan Agreement by and between the County and Borrower
of even date herewith (the "Loan Agreement"), the County is lending Borrower Two Million
Dollars ($2,000,000) (the "Loan").
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863\97\1833966.3
E. The County has the authority to lend the Loan to Borrower pursuant to
Government Code Section 26227, which authorizes counties to spend county funds for programs
that will further a county's public purposes. In addition, the County has the authority to loan the
CBDG Funds pursuant to 24 C.F.R. 570.202.
F. The County has agreed to make the Loan on the condition that Borrower maintain
and operate the Development in accordance with restrictions set forth in this Agreement and in
the related documents evidencing the Loan.
G. In consideration of receipt of the Loan at an interest rate substantially below the
market rate, Borrower agrees to observe all the terms and conditions set forth below.
The parties therefore agree as follows:
AGREEMENT
ARTICLE 1
DEFINITIONS
1.1 Definitions.
The following terms have the following meanings:
(a) "Actual Household Size" means the actual number of persons in the
applicable household.
(b) "Adjusted Income" means the total anticipated annual income of all
persons in the Tenant household as defined in 24 CFR 5.609 and as calculated pursuant to 24
C.F.R. 5.611.
(c) "Agreement" has the meaning set forth in the first paragraph of this
Agreement.
(d) "CDBG" means the Community Development Block Grant Program,
funded pursuant to Title I of the Housing and Community Development Act of 1974 (42 USC
5301, et seq.).
(e) "CDBG Funds" has the meaning set forth in Paragraph B of the Recitals.
(f) "City" means the City of Pinole, California, a municipal corporation.
(g) "Completion Date" means the date a final certificate of occupancy, or
equivalent document is issued by the City to certify that the Development may be legally
occupied.
(h) "County-Assisted Units" means the one hundred forty-two (142) units
within the Development designated as assisted by the County pursuant to this Agreement.
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(i) "Deed of Trust" means the Deed of Trust with Assignment of Rents,
Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor,
North American Title Company, as trustee, and the County, as beneficiary, that encumbers the
Property to secure repayment of the Loan and Borrower's performance of the Loan Documents.
(j) "Development" has the meaning set forth in Paragraph C of the Recitals.
(k) "Existing Tenants" means the tenants that occupy the Units on the date of
Borrower's acquisition of the Property.
(l) "HUD" has the meaning set forth in Paragraph B of the Recitals.
(m) "Intercreditor Agreement" means that certain intercreditor agreement of
even date herewith among the City, the County, and Borrower.
(n) "Loan" has the meaning set forth in Paragraph D of the Recitals.
(o) "Loan Agreement" has the meaning set forth in Paragraph D of the
Recitals.
(p) "Loan Documents" means the documents evidencing the Loan including
this Agreement, the Note, the Loan Agreement, the Intercreditor Agreement, and the Deed of
Trust.
(q) "Low Income Household" means a Tenant with an Adjusted Income that
does not exceed eighty percent (80%) of Median Income, as determined by HUD with
adjustments for smaller and larger families, except that HUD may establish income ceilings
higher or lower than eighty percent (80%) of Median Income if HUD finds that such variations
are necessary because of unusually high or low family incomes.
(r) "Median Income" means the median gross yearly income, adjusted for
Actual Household Size as specified herein, in the County of Contra Costa, California, as
published from time to time by HUD. In the event that such income determinations are no
longer published, or are not updated for a period of at least eighteen (18) months, the County
shall provide Borrower with other income determinations that are reasonably similar with respect
to methods of calculation to those previously published by HUD.
(s) "Note" means the promissory note that evidences Borrower's obligation to
repay the Loan, as such may be amended form time to time.
(t) "Property" has the meaning set forth in Paragraph C of the Recitals.
(u) "Rent" means the total monthly payments by the Tenant of a Unit for the
following: use and occupancy of the Unit and land and associated facilities, any separately
charged fees or service charges assessed by Borrower which are customarily charged in rental
housing and required of all Tenants, other than security deposits; an allowance for the cost of an
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adequate level of service for utilities paid by the Tenant, including garbage collection, sewer,
water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service
or cable TV; and any other interest, taxes, fees or charges for use of the land or associated
facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant.
(v) "Sixty Percent Household" means a household with an Adjusted Income
that does not exceed sixty percent (60%) of Median Income, adjusted for Actual Household Size.
(w) "Sixty Percent Rent" means the maximum allowable rent for a Sixty
Percent Unit pursuant to Section 2.2(b) below.
(x) "Sixty Percent Units" means the Units which, pursuant to Section 2.1(b)
below, are required to be occupied by Sixty Percent Households.
(y) "TCAC" means the California Tax Credit Allocation Committee.
(z) "TCAC 50% Rent" means the maximum rent published by TCAC for the
"50% Income Level" for Contra Costa County for the applicable bedroom size, applicable for the
"placed in service" date for the Development.
(aa) "TCAC 60% Rent" means the maximum rent published by TCAC for the
"60% Income Level" for Contra Costa County for the applicable bedroom size, applicable for the
"placed in service" date for the Development.
(bb) "Tenant" means the tenant household that occupies a Unit in the
Development.
(cc) "Term" means the term of this Agreement which commences as of the
date of this Agreement, and unless sooner terminated pursuant to the terms of this Agreement,
expires on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a
record of the Completion Date cannot be located or established, the Term will expire on the fifty-
seventh (57th) anniversary of this Agreement.
(dd) "Unit(s)" means one (1) or more of the units in the Development.
(ee) "Very Low Income Household" means a household with an Adjusted
Income that does not exceed fifty percent (50%) of Median Income, as determined by HUD with
adjustments for smaller and larger families, except that HUD may establish income ceilings
higher or lower than fifty percent (50%) of Median Income if HUD finds that such variations are
necessary because of unusually high or low family incomes.
(ff) "Very Low Income Rent" means the maximum allowable rent for a Very
Low Income Unit pursuant to Section 2.2(a) below.
(gg) "Very Low Income Units" means the Units which, pursuant to Section
2.1(a) below, are required to be occupied by Very Low Income Households.
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ARTICLE 2
AFFORDABILITY AND OCCUPANCY COVENANTS
2.1 Occupancy Requirements.
(a) Very Low Income Units. Subject to Subsection (e) below, during the
Term, Borrower shall rent seventy (70) County-Assisted Units, and ensure that these Units are
occupied or, if vacant, available for occupancy, by Very Low Income Households.
(b) Sixty Percent Units. Subject to Subsection (e) below, during the Term,
Borrower shall rent seventy-two (72) County-Assisted Units, and ensure that these Units are
occupied or, if vacant, available for occupancy, by Sixty Percent Households.
(c) Intermingling of Units. Borrower shall cause the County-Assisted Units
to be intermingled throughout the Development and of comparable quality to all other Units. All
Tenants must have equal access to and enjoyment of all common facilities in the Development.
Subject to Subsection (e) below, the County-Assisted Units must be of the bedroom size set forth
in the following chart:
Very Low
Income Units
Sixty Percent
Units
Manager's
Units
Zero-Bd. Units 14 4
One-Bd. Units 33 33
Two-Bd. Units 23 35 2
Total 70 72 2
(d) Disabled Persons Occupancy. Borrower shall cause the Development to
be operated at all times in compliance with the provisions of: (i) the Unruh Act, (ii) the
California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of
1973, (iv) the United States Fair Housing Act, as amended, and (v) the Americans With
Disabilities Act of 1990, which relate to disabled persons access. Borrower shall indemnify,
protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the
County, and its board members, officers and employees, from all suits, actions, claims, causes of
action, costs, demands, judgments and liens arising out of Borrower's failure to comply with
applicable legal requirements related to housing for persons with disabilities. The provisions of
this subsection will survive expiration of the Term or other termination of this Agreement, and
remain in full force and effect.
(e) Existing Tenants. Borrower shall provide the County a written report of
the income and rent amount of all Existing Tenants within thirty (30) days of acquisition of the
Development. Concurrent with providing the report to the County, Borrower shall also provide a
proposal regarding designation of Units as Very Low Income Units and Sixty Percent Units.
Borrower shall not implement any rent increases for Existing Tenants upon acquisition of the
Development without the approval of the County. Any Existing Tenant lawfully residing in the
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Development as of the date of this Agreement is entitled to remain a resident of the Development
if such Tenant does not meet the income criteria of this Section 2.1. If and when such non-
qualifying Existing Tenant voluntarily vacates the Unit, Borrower shall rent such Unit to a Very
Low Income Household or Sixty Percent Household, as necessary to meet the provisions of this
Section.
2.2 Allowable Rent.
(a) Very Low Income Rent. Subject to the provisions of Section 2.3 below,
the Rent paid by Tenants of Very Low Income Units, may not exceed the TCAC 50% Rent.
(b) Sixty Percent Rent. Subject to the provisions of Section 2.3 below, the
Rent paid by Tenants of Sixty Percent Units, may not exceed the TCAC 60% Rent.
(c) No Additional Fees. Borrower may not charge any fee, other than Rent, to
any Tenant of the County-Assisted Units for any housing or other services provided by
Borrower.
(d) Income Calculation. In the event that TCAC no longer publishes the rent
information that this Agreement contemplates that TCAC will publish, the County will provide
Borrower with other rent determinations which are reasonably similar with respect to methods of
calculation to those previously published by TCAC.
2.3 Rent Increases; Increased Income of Tenants.
(a) Rent Increases. All Rent increases for County-Assisted Units are subject
to County approval. The Rent for such Units may be increased no more than once annually
based upon the annual income certification described in Article 3. Tenants are to be given at
least thirty (30) days written notice prior to any Rent increase.
(b) Increased Income above Very Low Income but below Low Income Limit.
Subject to Subsection (a) above, if, upon the annual certification of the income of a Tenant of a
Very Low Income Unit, Borrower determines that the income of a Very Low Income Household
has increased above the qualifying limit for a Very Low Income Household, but not above the
qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit
and the Tenant's Rent will remain at the Very Low Income Rent. Borrower shall then rent the
next available Unit to a Very Low Income Household or Sixty Percent Household, as applicable,
to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum
Rent specified in Section 2.2, or designate another comparable Unit that is occupied by a Very
Low Income Household or Sixty Percent Household, as applicable, as a Very Low Income Unit
or Sixty Percent Unit, to meet the requirements of Section 2.1 above.
(c) Increased Income above Sixty Percent Income but below Low Income
Limit. Subject to Subsection (a) above, if, upon the annual certification of the income of a
Tenant of a Sixty Percent Unit, Borrower determines that the income of a Sixty Percent
Household has increased above the qualifying limit for a Sixty Percent Household, but not above
the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit
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and the Tenant's Rent will remain at the Sixty Percent Rent. Borrower shall then rent the next
available Unit to a Very Low Income Household or Sixty Percent Household, as applicable, to
comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent
specified in Section 2.2, or designate another comparable Unit that is occupied by a Very Low
Income Household or Sixty Percent Household, as applicable, as a Very Low Income Unit or
Sixty Percent Unit, to meet the requirements of Section 2.1 above.
(d) Non-Qualifying Household. If, upon the annual certification of the income
a Tenant of a County-Assisted Unit, Borrower determines that the income of a Very Low Income
Household or Sixty Percent Household has increased above the qualifying limit for a Low
Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such
Tenant's lease, Borrower may: (1) with thirty (30) days advance written notice, increase such
Tenant's Rent to one-twelfth (1/12th ) of thirty percent (30%) of the actual Adjusted Income of
the Tenant, and (2) rent the next available Unit to a Very Low Income Household or Sixty
Percent Household, as applicable, to comply with the requirements of Section 2.1 above, at a
Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable
Unit that is occupied by a Very Low Income Household or Sixty Percent Household, as
applicable, as a Very Low Income Unit or Sixty Percent Unit, to meet the requirements of
Section 2.1 above.
(e) Termination of Occupancy. Upon termination of occupancy of a County-
Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household
of the same income level as the initial income level of the vacating Tenant, until such unit is
reoccupied, at which time categorization of the Unit will be established based on the occupancy
requirements of Section 2.1.
2.4 Units Available to the Disabled. Borrower shall rehabilitate the Development in
compliance with all applicable federal and state disabled persons accessibility requirements
including but not limited to the Federal Fair Housing Act; Section 504 of the Rehabilitation Act
of 1973; Title II and/or Title III of the Americans with Disabilities Act; and Title 24 of the
California Code of Regulations.
ARTICLE 3
INCOME CERTIFICATION AND REPORTING
3.1 Income Certification. Borrower shall obtain, complete, and maintain on file,
within sixty (60) days before expected occupancy and annually thereafter, income certifications
from each Tenant renting any of the County-Assisted Units. Borrower shall make a good faith
effort to verify the accuracy of the income provided by the applicant or occupying household, as
the case may be, in an income certification. To verify the information Borrower shall take two or
more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an
income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv)
obtain an income verification form from the applicant's current employer; (v) obtain an income
verification form from the Social Security Administration and/or the California Department of
Social Services if the applicant receives assistance from either of such agencies; or (vi) if the
applicant is unemployed and does not have a tax return, obtain another form of independent
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verification. Copies of Tenant income certifications are to be available to the County upon
request.
3.2 Reporting Requirements. Borrower shall submit to the County (a) not later than
forty-five (45) days after the close of each calendar year, or such other date as may be requested
by the County, a statistical report, including income and rent data for all Units, setting forth the
information called for therein, and (b) within fifteen (15) days after receipt of a written request,
any other information or completed forms requested by the County in order to comply with
reporting requirements of HUD, the State of California, and the County.
3.3 Additional Information. Borrower shall provide any additional information
reasonably requested by the County.
3.4 Records. Borrower shall maintain complete, accurate and current records
pertaining to the Development, and shall permit any duly authorized representative of the County
to inspect records, including records pertaining to income and household size of Tenants. All
Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i)
separate and identifiable from any other business of Borrower, (ii) maintained as required by the
County, in a reasonable condition for proper audit, and (iii) subject to examination during
business hours by representatives of the County. Borrower shall retain copies of all materials
obtained or produced with respect to occupancy of the Units for a period of at least five (5)
years. The County may examine and make copies of all books, records or other documents of
Borrower that pertain to the Development.
3.5 On-Site Inspection. The County may perform an on-site inspection of the
Development at least one (1) time per year. Borrower shall cooperate in such inspection.
ARTICLE 4
OPERATION OF THE DEVELOPMENT
4.1 Residential Use. Borrower shall operate the Development for residential use
only. No part of the Development may be operated as transient housing.
4.2 Compliance with Loan Documents and Program Requirements. Borrower's
actions with respect to the Property shall at all times be in full conformity with: (i) all
requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with
CDBG Funds as contained in 42 U.S.C. Section 5301, et seq., 24 C.F.R. Part 570, and other
implementing rules and regulations, and (iii) any other regulatory requirements imposed on the
Development.
4.3 Taxes and Assessments. Borrower shall pay all real and personal property taxes,
assessments and charges and all franchise, income, employment, old age benefit, withholding,
sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to
prevent any penalty from accruing, or any lien or charge from attaching to the Property;
provided, however, that Borrower may contest in good faith, any such taxes, assessments, or
charges. In the event Borrower exercises its right to contest any tax, assessment, or charge
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against it, Borrower, on final determination of the proceeding or contest, will immediately pay or
discharge any decision or judgment rendered against it, together with all costs, charges and
interest.
4.4 Property Tax Exemption. Borrower shall not apply for a property tax exemption
for the Property under any provision of law except California Revenue and Taxation Section
214(g) without the prior written consent of the County.
ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities. Borrower is responsible for all management
functions with respect to the Development, including without limitation the selection of Tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The County has no responsibility for management of the Development.
Borrower shall retain a professional property management company approved by the County in
its reasonable discretion to perform Borrower's management duties hereunder. An on-site
property manager is also required.
5.2 Management Agent. Borrower shall cause the Development to be managed by an
experienced management agent reasonably acceptable to the County, with a demonstrated ability
to operate residential facilities like the Development in a manner that will provide decent, safe,
and sanitary housing (the "Management Agent"). The County has approved Eden Housing
Management, Inc. as the Management Agent. Borrower shall submit for the County's approval
the identity of any proposed subsequent management agent. Borrower shall also submit such
additional information about the background, experience and financial condition of any proposed
management agent as is reasonably necessary for the County to determine whether the proposed
management agent meets the standard for a qualified management agent set forth above. If the
proposed management agent meets the standard for a qualified management agent set forth
above, the County shall approve the proposed management agent by notifying Borrower in
writing. Unless the proposed management agent is disapproved by the County within thirty (30)
days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall
be deemed approved.
5.3 Periodic Performance Review. The County reserves the right to conduct an
annual (or more frequently, if deemed necessary by the County) review of the management
practices and financial status of the Development. The purpose of each periodic review will be
to enable the County to determine if the Development is being operated and managed in
accordance with the requirements and standards of this Agreement. Borrower shall cooperate
with the County in such reviews.
5.4 Replacement of Management Agent. If, as a result of a periodic review, the
County determines in its reasonable judgment that the Development is not being operated and
managed in accordance with any of the material requirements and standards of this Agreement,
the County shall deliver notice to Borrower of its intention to cause replacement of the
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Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by
Borrower of such written notice, the County staff and Borrower shall meet in good faith to
consider methods for improving the financial and operating status of the Development,
including, without limitation, replacement of the Management Agent.
If, after such meeting, County staff recommends in writing the replacement of the
Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and
shall appoint as the Management Agent a person or entity meeting the standards for a
management agent set forth in Section 5.2 above and approved by the County pursuant to
Section 5.2 above.
Any contract for the operation or management of the Development entered into by
Borrower shall provide that the Management Agent may be dismissed and the contract
terminated as set forth above. Failure to remove the Management Agent in accordance with the
provisions of this Section constitutes a default under this Agreement, and the County may
enforce this provision through legal proceedings as specified in Section 6.7 below.
5.5 Approval of Management Policies. Borrower shall submit its written
management policies with respect to the Development to the County for its review, and shall
amend such policies in any way necessary to ensure that such policies comply with the
provisions of this Agreement.
5.6 Property Maintenance. Borrower shall maintain, for the entire Term of this
Agreement, all interior and exterior Improvements, including landscaping, on the Property in
good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with
all applicable laws, rules, ordinances, orders and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or claiming jurisdiction and all
their respective departments, bureaus, and officials, and in accordance with the following
maintenance conditions:
The County places prime importance on quality maintenance to protect its investment and
to ensure that all County and County-assisted affordable housing projects within the County are
not allowed to deteriorate due to below-average maintenance. Normal wear and tear of the
Development will be acceptable to the County assuming Borrower agrees to provide all
necessary improvements to assure the Development is maintained in good condition. Borrower
shall make all repairs and replacements necessary to keep the improvements in good condition
and repair.
In the event that Borrower breaches any of the covenants contained in this section and
such default continues for a period of five (5) days after written notice from the County with
respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after
written notice from the County with respect to landscaping and building improvements, then the
County, in addition to whatever other remedy it may have at law or in equity, has the right to
enter upon the Property and perform or cause to be performed all such acts and work necessary
to cure the default. Pursuant to such right of entry, the County is permitted (but is not required)
to enter upon the Property and to perform all acts and work necessary to protect, maintain, and
preserve the improvements and landscaped areas on the Property, and to attach a lien on the
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Property, or to assess the Property, in the amount of the expenditures arising from such acts and
work of protection, maintenance, and preservation by the County and/or costs of such cure,
which amount shall be promptly paid by Borrower to the County upon demand.
ARTICLE 6
MISCELLANEOUS
6.1 Lease Provisions. In newly leasing the Units within the Development, Borrower
shall use a form of lease approved by the County. The form of lease must comply with all
requirements of this Agreement, the other Loan Documents and must, among other matters:
(a) provide for termination of the lease for failure to: (i) provide any
information required under this Agreement or reasonably requested by Borrower to establish or
recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy
in the Development in accordance with the standards set forth in this Agreement, or (ii) qualify
as a Very Low Income Household or Sixty Percent Household as a result of any material
misrepresentation made by such Tenant with respect to the income computation.
(b) be for an initial term of not less than one (1) year, unless by mutual
agreement between the Tenant and Borrower, and provide for no increase in Rent during such
year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of
Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the
requirements of Section 2.3 (a) above.
(c) include a provision which requires a Tenant who is residing in a Unit
required to be accessible pursuant to Section 2.4 and who is not in need of an accessible Unit to
move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant
or prospective Tenant is in need of an accessible Unit.
(d) include any provisions necessary to comply with the requirements of the
Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable
to HUD-funded programs.
6.2 Lease Termination. Any termination of a lease or refusal to renew a lease for a
County-Assisted Unit within the Development must be preceded by not less than thirty (30) days
written notice to the Tenant by Borrower specifying the grounds for the action.
6.3 Nondiscrimination.
(a) All of the Units must be available for occupancy on a continuous basis to
members of the general public who are income eligible. Borrower may not give preference to
any particular class or group of persons in renting or selling the Units, except to the extent that
the Units are required to be leased to income eligible households pursuant to this Agreement.
Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or
through Borrower, that there exist no discrimination against or segregation of, any person or
group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status,
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national origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person
claiming under or through Borrower, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use, or
occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any unit or in connection
with the employment of persons for the construction, operation and management of any unit.
(b) Borrower shall accept as Tenants, on the same basis as all other
prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant
to the existing housing program under Section 8 of the United States Housing Act, or its
successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders
that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower
apply or permit the application of management policies or lease provisions with respect to the
Development which have the effect of precluding occupancy of units by such prospective
Tenants.
6.4 Term. The provisions of this Agreement apply to the Property for the entire Term
even if the Loan is paid in full prior to the end of the Term. This Agreement binds any
successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or
involuntarily, by operation of law or otherwise, except as expressly released by County. County
is making the Loan on the condition, and in consideration of, this provision, and would not do so
otherwise.
6.5 Notice of Expiration of Term.
(a) At least six (6) months prior to the expiration of the Term, Borrower shall
provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated
date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the
Term, (iii) a statement that a copy of such notice will be sent to the County, and (iv) a statement
that a public hearing may be held by the County on the issue and that the Tenant will receive
notice of the hearing at least fifteen (15) days in advance of any such hearing. Borrower shall
also file a copy of the above-described notice with the County Deputy Director-Current
Planning.
(b) In addition to the notice required above, Borrower shall comply with the
requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such
notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective
tenants and Affected Public Agencies (as defined in California Government Code Section
65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to
existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the
Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in
California Government Code Section 65863.11(d)), if the Development is to be sold within five
(5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred
eighty (180) day period that qualified entities may purchase the Development.
6.6 Covenants to Run With the Land. The County and Borrower hereby declare their
express intent that the covenants and restrictions set forth in this Agreement run with the land,
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and bind all successors in title to the Property, provided, however, that on the expiration of the
Term of this Agreement said covenants and restrictions expire. Each and every contract, deed or
other instrument hereafter executed covering or conveying the Property or any portion thereof, is
to be held conclusively to have been executed, delivered and accepted subject to the covenants
and restrictions, regardless of whether such covenants or restrictions are set forth in such
contract, deed or other instrument, unless the County expressly releases such conveyed portion
of the Property from the requirements of this Agreement.
6.7 Enforcement by the County. If Borrower fails to perform any obligation under
this Agreement, and fails to cure the default within thirty (30) days after the County has notified
Borrower in writing of the default or, if the default cannot be cured within thirty (30) days, fails
to commence to cure within thirty (30) days and thereafter diligently pursue such cure and
complete such cure within sixty (60) days, the County may enforce this Agreement by any or all
of the following actions, or any other remedy provided by law:
(a) Calling the Loan. The County may declare a default under the Note,
accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed
of Trust.
(b) Action to Compel Performance or for Damages. The County may bring
an action at law or in equity to compel Borrower's performance of its obligations under this
Agreement, and may seek damages.
(c) Remedies Provided Under Loan Documents. The County may exercise
any other remedy provided under the Loan Documents.
6.8 Attorneys' Fees and Costs. In any action brought to enforce this Agreement, the
prevailing party must be entitled to all costs and expenses of suit, including reasonable attorneys'
fees. This section must be interpreted in accordance with California Civil Code Section 1717
and judicial decisions interpreting that statute.
6.9 Recording and Filing. The County and Borrower shall cause this Agreement, and
all amendments and supplements to it, to be recorded in the Official Records of the County of
Contra Costa.
6.10 Governing Law. This Agreement is governed by the laws of the State of
California.
6.11 Waiver of Requirements. Any of the requirements of this Agreement may be
expressly waived by the County in writing, but no waiver by the County of any requirement of
this Agreement extends to or affects any other provision of this Agreement, and may not be
deemed to do so.
6.12 Amendments. This Agreement may be amended only by a written instrument
executed by all the parties hereto or their successors in title that is duly recorded in the official
records of the County of Contra Costa.
March 29, 2016 Contra Costa County BOS Official Minutes 800
14
863\97\1833966.3
6.13 Notices. Any notice requirement set forth herein will be deemed to be satisfied
three (3) days after mailing of the notice first-class United States certified mail, postage prepaid,
addressed to the appropriate party as follows:
County: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Affordable Housing Program Manager
Borrower: EB, L.P.
c/o EB, LLC
22645 Grand Street
Hayward, CA 94541
Attention: President
Investor Limited
Partner:
U.S. Bancorp Community Development
Corporation
1307 Washington Avenue, Suite 300
Mail Code SL MO RMCD
St. Louis, MO 63103
Attn: Director of LIHTC Asset
Management
Phone: (314) 355-2600
with a copy to:
Kutak Rock LLP
1650 Farnam Street
Omaha, NE 68102-2186
Attn: Jill H. Goldstein, Esq.
Such addresses may be changed by notice to the other party given in the same manner as
provided above.
6.14 Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions of this Agreement will not in any way be affected or
impaired thereby.
6.15 Multiple Originals; Counterparts. This Agreement may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
[remainder of page intentionally left blank]
March 29, 2016 Contra Costa County BOS Official Minutes 801
15
Signature page
County Regulatory Agreement
863\97\1833966.3
WHEREAS, this Agreement has been entered into by the undersigned as of the date first
written above.
COUNTY:
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California
By: __________________
Its:____________________
Approved as to form:
SHARON L. ANDERSON
County Counsel
By:
Kathleen Andrus
Deputy County Counsel
BORROWER:
EB, L.P., a California limited partnership
By: EB, LLC, its general partner
By: Eden Development, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By:____________________
Name:___________________
Its:____________________
March 29, 2016 Contra Costa County BOS Official Minutes 802
863\97\1833966.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
March 29, 2016 Contra Costa County BOS Official Minutes 803
863\97\1833966.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
March 29, 2016 Contra Costa County BOS Official Minutes 804
A-1
863\97\1833966.3
EXHIBIT A
Legal Description
The land is situated in the State of California, County of Contra Costa, and is described as
follows:
March 29, 2016 Contra Costa County BOS Official Minutes 805
863\97\1833963.3 1
RECORDING REQUESTED PURSUANT
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Affordable Housing Program Manager
No fee for recording pursuant to
Government Code Section 27383
__________________________________________________________________________
INTERCREDITOR AGREEMENT
(East Bluff Apartments)
This Intercreditor Agreement (the "Agreement") is dated March ___, 2016, and is among
the City of Pinole, a municipal corporation (the "City"), the County of Contra Costa, a political
subdivision of the State of California (the "County"), and EB, LP, a California limited
partnership ("Borrower"), with reference to the following facts:
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Section 1 of
this Agreement.
B. Borrower intends to acquire the real property commonly known as 1813 Marlesta
Court, located in the City of Pinole, County of Contra Costa, State of California, as more
particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the one
hundred forty-four (144) multifamily housing units currently existing on the Property, one
hundred forty-two (142) of which will be for rental to very low and low income households, and
two (2) manager's units (the "Development"). The Development as well as all landscaping, roads
and parking spaces on the Property and any additional improvements on the Property, are the
"Improvements".
C. The County is making a loan to Borrower of Two Million Dollars ($2,000,000) of
Community Development Block Grant funds (the "County Loan"). The County Loan is
evidenced by the following documents, each of even date herewith: (i) CDBG Loan Agreement
by and between Borrower and the County (the "County Loan Agreement"), (ii) Deed of Trust
With Assignment of Rents, Security Agreement and Fixture Filing executed by Borrower for the
benefit of the County (the "County Deed of Trust"), (iii) Promissory Note executed by Borrower
for the benefit of the County in the amount of the County Loan (the "County Note").
D. The City, as the Successor Housing Agency to the Redevelopment Agency of the City
of Pinole (the "Agency") pursuant to California Health and Safety Code Section 34176(a),
previously made a loan in the amount of Nine Hundred Seventy-Five Thousand Dollars
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863\97\1833963.3 2
($975,000) to Eastbluff Associates, a California limited partnership (the "Seller"), as assigned to
Borrower (the "City Loan"). The City Loan is evidenced by the following documents (among
others): (i) ___________________Loan Agreement by and between Seller and the Agency as
amended by ________________ between Borrower and the City dated _______________, 2016
(the "City Loan Agreement"); (ii) Deed of Trust and Security Agreement executed by Seller for
the benefit of the Agency, dated June 23, 1998 and recorded as instrument number 98-0145188-
00 on June 25, 1998, as amended by __________ (the "City Deed of Trust"); and (iii) Amended
and Restated Promissory Note dated ______________, 2016 executed by Borrower for the
benefit of the City in the amount of the City Loan (the "City Note"). [ City docs to be verified]
E. The City and the County desire to cause the City Deed of Trust and the County
Deed of Trust (together, the "Deeds of Trust") to be equal in lien priority. The City and the
County also desire to divide (i) the proceeds of any foreclosure, condemnation or insurance
claim, and (ii) the Lenders' Share of Residual Receipts.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. Definitions. The following terms have the following meanings:
(a) "Adjusted Loan" means, to the extent less than the full amount of the
County Loan is funded, an amount equal to the actual principal amount loaned to Borrower by
the County pursuant to the County Loan Agreement minus any Special County Loan Payment.
If the full amount of the Loan is funded and no portion repaid as a Special County Loan
Payment, the Adjusted Loan is equal to the Loan.
(b) "Annual County Loan Payment" has the meaning in Section 2(a).
(c) "Annual City Loan Payment" has the meaning in Section 2(b).
(d) "Annual Operating Expenses" means for each calendar year, the following
costs reasonably and actually incurred for operation and maintenance of the Development:
i. property taxes and assessments imposed on the Development;
ii. debt service currently due on a non-optional basis (excluding debt
service due from residual receipts or surplus cash of the Development) on the Bank Loan;
iii. on-site service provider fees for tenant social services, provided the
County and City have approved, in writing, the plan and budget for such services before such
services begin;
iv. fees paid to the Issuer with respect to the Bonds;
v. property management fees and reimbursements, on–site property
management office expenses, and salaries of property management and maintenance personnel,
not to exceed amounts that are standard in the industry and which are pursuant to a management
March 29, 2016 Contra Costa County BOS Official Minutes 807
863\97\1833963.3 3
contract approved by the County and the City;
vi. the Partnership/Asset Fee;
vii. fees for accounting, audit, and legal services incurred by
Borrower's general partner in the asset management of the Development, not to exceed amounts
that are standard in the industry, to the extent such fees are not included in the Partnership/Asset
Fee;
viii. premiums for insurance required for the Improvements to satisfy
the requirements of any lender of Approved Financing;
ix. utility services not paid for directly by tenants, including water,
sewer, and trash collection;
x. maintenance and repair expenses and services;
xi. any annual license or certificate of occupancy fees required for
operation of the Development;
xii. security services;
xiii. advertising and marketing;
xiv. cash deposited into the Replacement Reserve Account in the
amount set forth in Section 4.1(a) of the County Loan Agreement;
xv. cash deposited into the Operating Reserve Account to maintain the
amount set forth in Section 4.1(b) of the County Loan Agreement (excluding amounts deposited
to initially capitalize the account);
xvi. payment of any previously unpaid portion of Developer Fee
(without interest), not to exceed the amount set forth in Section 3.18 of the County Loan
Agreement;
xvii. extraordinary operating costs specifically approved in writing by
the County and the City;
xviii. payments of deductibles in connection with casualty insurance
claims not normally paid from reserves, the amount of uninsured losses actually replaced,
repaired or restored, and not normally paid from reserves, and other ordinary and reasonable
operating expenses approved in writing by the County and the City and not listed above;
xix. annual amounts due to the City under that certain Public Services
Fee Agreement dated June 23, 1998 assumed by Borrower on March ____, 2016.
Annual Operating Expenses do not include the following: depreciation,
amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve
March 29, 2016 Contra Costa County BOS Official Minutes 808
863\97\1833963.3 4
account, any amount expended from a reserve account, and any capital cost associated with the
Development.
(e) "Approved Financing" means all of the following loans, grants and equity
obtained by Borrower and approved by the County and the City for the purpose of financing the
acquisition of the Property and construction of the Development in addition to the County Loan
and the City Loan:
i. multi-family housing revenue tax exempt bonds in the approximate
amount of Twenty-Nine Million Four Hundred Seventy-Six Thousand Dollars ($29,476,000)
(the "Bonds") issued by the County of Contra Costa (the "Issuer") that are purchased by U.S.
Bank (the "Bank"), and the sale proceeds of which are loaned to the Borrower (the "Bank Loan")
which will convert to a permanent loan from CCRC in the approximate amount of Eight Million
One Hundred Nineteen Thousand Dollars ($8,119,000) (the "CCRC Permanent Loan");
ii. the Low Income Housing Tax Credit investor equity funds in the
approximate amount of Twenty-Three Million Five Hundred Eighty-Seven Thousand Nine
Hundred Ten Dollars ($23,587,910) (the "Tax Credit Investor Equity") provided by the Investor
Limited Partner;
iii. the seller carry-back loan from the Seller in the amount of Sixteen
Million Five Hundred Sixty-Six Thousand Dollars ($16,566,000) (the "Seller Loan"); and
iv. the capital contribution from Borrower's general partner in the
approximate amount of Seven Hundred Forty-Four Thousand Five Hundred Thirty-Five Dollars
($744,535) (the "GP Capital Contribution").
(f) "Available Net Proceeds" means the result obtained by multiplying the
Net Proceeds of Permanent Financing by 0.75.
(g) "Bank Loan" has the meaning set forth in Section 1(e)(i).
(h) "Bonds" has the meaning set forth in Section 1.1(e)(i).
(i) "CCRC Permanent Loan" has the meaning set forth in Section 1(e)(i).
(j) "City Deed of Trust" has the meaning set forth in Paragraph D of the
Recitals.
(k) "City Loan" has the meaning set forth in Paragraph D of the Recitals.
(l) "City Loan Agreement" has the meaning set forth in Paragraph D of the
Recitals.
March 29, 2016 Contra Costa County BOS Official Minutes 809
863\97\1833963.3 5
(m) "City Loan Prorata Percentage" means the result, expressed as a
percentage, obtained by dividing the City Loan by the sum of the City Loan and the Adjusted
County Loan.
(n) "City Note" has the meaning set forth in Paragraph D of the Recitals.
(o) "County Deed of Trust" has the meaning set forth in Paragraph C of the
Recitals.
(p) "County Loan" has the meaning set forth in Paragraph C of the Recitals.
(q) "County Loan Agreement" has the meaning set forth in Paragraph C of the
Recitals.
(r) "County Loan Prorata Percentage" means the result, expressed as a
percentage, obtained by dividing the Adjusted Loan, by the sum of the Adjusted Loan and the
City Loan.
(s) "County Note" has the meaning set forth in Paragraph C of the Recitals.
(t) "Deeds of Trust" has the meaning set forth in Paragraph E of the Recitals.
(u) "Default Rate" means a rate of interest equal to the lesser of the maximum
rate permitted by law and ten percent (10%) per annum.
(v) "Developer Fee" has the meaning set forth in Section 3.18 of the County
Loan Agreement.
(w) "Development" has the meaning set forth in Paragraph B of the Recitals.
(x) "Enforcing Party" has the meaning set forth in Section 5(b).
(y) "Fifteen Year Compliance Period" means the fifteen (15)-year compliance
period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended.
(z) "Final Cost Certification" means the Final Cost Certification Sources and
Uses of Funds prepared by Borrower for the Development that (1) Borrower submits to the
California Tax Credit Allocation Committee, and (2) has been prepared using generally accepted
accounting standards in effect in the United States of America from time to time, consistently
applied.
(aa) "Final Development Cost" means the total of the cost of acquisition and
construction of the Development as shown on the Final Cost Certification.
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(bb) "Foreclosure Net Proceeds" means the proceeds that result from a
foreclosure, or any other action, whether judicial or non-judicial, less (i) all amounts paid to any
senior lien holder, and (ii) expenses incurred by a lender that is a Party to this Agreement in
connection with such foreclosure or other action.
(cc) "GP Capital Contribution" has the meaning set forth in Section 1(e)(iv).
(dd) "Gross Revenue" means for each calendar year, all revenue, income,
receipts, and other consideration actually received from the operation and leasing of the
Development. Gross Revenue includes, but is not limited to:
(i) all rents, fees and charges paid by tenants;
(ii) Section 8 payments or other rental subsidy payments received for
the dwelling units;
(iii) deposits forfeited by tenants;
(iv) all cancellation fees;
(v) price index adjustments and any other rental adjustments to leases
or rental agreements;
(vi) net proceeds from vending and laundry room machines;
(vii) the proceeds of business interruption or similar insurance not paid
to senior lenders;
(viii) the proceeds of casualty insurance not used to rebuild the
Development and not paid to senior lenders; and
(ix) condemnation awards for a taking of part or all of the
Development for a temporary period.
Gross Revenue does not include tenants' security deposits, loan proceeds, capital
contributions or similar advances.
(ee) "Issuer" has the meaning set forth in Section 1.1(e)(i).
(ff) "Improvements" has the meaning set forth in Paragraph B of the Recitals.
(gg) "Investor Limited Partner" means U.S. Bancorp Community Development
Corporation, its successors and assigns.
(hh) "Lenders' Share of Residual Receipts" means seventy-five percent (75%)
of Residual Receipts.
(ii) "Net Proceeds of Permanent Financing" means the amount by which
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863\97\1833963.3 7
Permanent Financing exceeds the Final Development Costs.
(jj) "Parties" means the City, the County, and Borrower.
(kk) "Partnership Agreement" means the agreement between Borrower's
general partner and the Investor Limited Partner that governs the operation and organization of
Borrower as a California limited partnership.
(ll) "Partnership/Asset Fee" means (i) partnership management fees (including
any asset management fees) payable pursuant to the Partnership Agreement to any partner or
affiliate of Borrower or any affiliate of a partner of Borrower, if any, during the Fifteen Year
Compliance Period, and (ii) after expiration of the Fifteen Year Compliance Period, asset
management fees payable to Borrower, in the amounts approved by the County as set forth in
Section 3.20 of the County Loan Agreement.
(mm) "Permanent Financing" means the sum of the following amounts: (i) the
CCRC Permanent Loan; (ii) the County Loan; (iii) the City Loan; (iv) the Seller Loan; (v) the
Tax Credit Investor Equity; and (vi) the GP Capital Contribution.
(nn) "Property" has the meaning set forth in Paragraph B of the Recitals.
(oo) "Residual Receipts" means for each calendar year, the amount by which
Gross Revenue exceeds Annual Operating Expenses.
(pp) "Seller" has the meaning set forth in Paragraph D of the Recitals.
(qq) "Seller Loan" has the meaning set forth in Section 1(e)(iii).
(rr) "Special County Loan Payment" has the meaning set forth in Section
2(a)(ii).
(ss) "Statement of Residual Receipts" means an itemized statement of Residual
Receipts.
(tt) "Tax Credit Investor Equity" has the meaning set forth in Section 1(e)(iv).
2. Annual Payments to County and City.
(a) County Loan.
i. Commencing on April 1, 2018, and on April 1 of each year
thereafter during the Term, Borrower shall make a loan payment in an amount equal to the
County Loan Prorata Percentage of the Lenders' Share of Residual Receipts (each such payment,
an "Annual County Loan Payment"). The County shall apply all Annual County Loan Payments
to the Loan as follows: (1) first, to accrued interest, and (2) second, to principal.
ii. No later than ten (10) days after the date Borrower receives its
final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as
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a special repayment of the Loan, an amount equal to the Available Net Proceeds (the "Special
County Loan Payment").
iii. Borrower shall repay the County Loan pursuant to the terms of the
County Loan Agreement and the County Note. In the event of any conflict between the
repayment terms and provisions of the County Loan Agreement and this Agreement, the
provisions of this Agreement apply. The County may not consent to any amendment or waiver of
the terms of the County Loan Agreement or the County Note if such amendment or waiver could
reasonably be deemed to materially adversely affect the City, without the City's prior written
approval, which the City may withhold in its sole discretion.
(b) City Loan.
i. Commencing on April 1, 2018, and on April 1 of each year
thereafter during the Term, Borrower shall make a loan payment in an amount equal to the City
Loan Prorata Percentage of the Lenders' Share of Residual Receipts (each such payment, an
"Annual City Loan Payment"). The City shall apply all Annual City Loan Payments as follows:
(1) first, to accrued interest, and (2) second, to principal for the City Loan.
ii. Borrower shall repay the City Loan pursuant to the terms of the
City Loan Agreement and the City Note. In the event of any conflict between the repayment
terms of the City Loan Agreement and this Agreement, the provisions of this Agreement apply.
The City may not consent to any amendment or waiver of the terms of the City Loan Agreement
or the City Note, if such amendment or waiver could reasonably be deemed to materially
adversely affect the County, without the County's prior written approval, which the County may
withhold in its sole discretion.
3. Reports and Accounting of Residual Receipts.
(a) Annual Reports. In connection with the Annual County Loan Payment
and the Annual City Loan Payment, Borrower shall furnish to the City and the County:
i. The Statement of Residual Receipts for the relevant period. The
first Statement of Residual Receipts will cover the period that begins on January 1, 2018 and
ends on December 31st of that same year. Subsequent statements of Residual Receipts will cover
the twelve-month period that ends on December 31 of each year;
ii. A statement from the independent public accountant that audited
the Borrower's financial records for the relevant period, which statement must confirm that
Borrower's calculation of the Lender's Share of Residual Receipts is accurate based on Gross
Revenue and Annual Operating Expenses; and
iii. Any additional documentation reasonably required by the County
or the City to substantiate Borrower's calculation of Lender's Share of Residual Receipts.
(b) Books and Records. Borrower shall keep and maintain at the principal
place of business of Borrower set forth in Section 10 below, or elsewhere with the written
consent of the County and the City, full, complete and appropriate books, record and accounts
March 29, 2016 Contra Costa County BOS Official Minutes 813
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relating to the Development, including all books, records and accounts necessary or prudent to
evidence and substantiate in full detail Borrower's calculation of Residual Receipts and
disbursements of Residual Receipts. Borrower shall cause all books, records and accounts
relating to its compliance with the terms, provisions, covenants and conditions of this Agreement
to be kept and maintained in accordance with generally accepted accounting principles
consistently applied, and to be consistent with requirements of this Agreement, which provide
for the calculation of Residual Receipts on a cash basis. Borrower shall cause all books, records,
and accounts to be open to and available for inspection by the County and the City, their auditors
or other authorized representatives at reasonable intervals during normal business hours.
Borrower shall cause copies of all tax returns and other reports that Borrower may be required to
furnish to any government agency to be open for inspection by the County and the City at all
reasonable times at the place that the books, records and accounts of Borrower are kept.
Borrower shall preserve records on which any statement of Residual Receipts is based for a
period of not less than five (5) years after such statement is rendered, and for any period during
which there is an audit undertaken pursuant to subsection (c) below then pending.
(c) County and City Audits.
i. The receipt by the County or the City of any statement pursuant to
subsection (a) above or any payment by Borrower or acceptance by the County or the City of any
loan repayment for any period does not bind the County or the City as to the correctness of such
statement or such payment. The County or the City or any designated agent or employee of the
County or the City is entitled at any time to audit the Residual Receipts and all books, records,
and accounts pertaining thereto. The County and/or the City may conduct such audit during
normal business hours at the principal place of business of Borrower and other places where
records are kept. Immediately after the completion of an audit, the County or the City, as the
case may be, shall deliver a copy of the results of the audit to Borrower.
ii. If it is determined as a result of an audit that there has been a
deficiency in a loan repayment to the County and/or the City, then such deficiency will become
immediately due and payable, with interest at the Default Rate from the date the deficient
amount should have been paid. In addition, if the audit determines that Residual Receipts have
been understated for any year by the greater of (i) $2,500, and (ii) an amount that exceeds five
percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest,
Borrower shall pay all of the costs and expenses connected with the audit and review of
Borrower's accounts and records incurred by the County and/or the City.
4. Deeds of Trust. Notwithstanding the fact that the City Deed of Trust was
recorded prior to the County Deed of Trust, the Parties hereby agree that the Deeds of Trust are
equal in lien priority.
5. Notice of Default.
(a) The County and the City shall each notify the other promptly upon
declaring a default or learning of the occurrence of any material event of default, or any event
which with the lapse of time would become a material event of default, under its respective loan
documents for the City Loan and the County Loan.
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(b) The City and the County agree not to make a demand for payment from
Borrower or accelerate the City Note or the County Note, as the case may be, or commence
enforcement of any of the rights and remedies under the City Deed of Trust or the County Deed
of Trust, as the case may be, until the date that is five (5) business days following delivery of
written notice by the Party enforcing its rights (the "Enforcing Party") to the other Party stating
that a "default" (as defined in the relevant Deed of Trust) has occurred and is continuing and that
the Enforcing Party is requesting the other Party's assistance in foreclosure pursuant to Section 6.
6. Cooperation in Foreclosure.
(a) If there is a default under the City Loan and/or County Loan, after
expiration of any applicable cure periods, the party who is the lender on the defaulted loan shall
cooperate with the other lender that is a Party to this Agreement to coordinate any foreclosure
proceedings or other appropriate remedies.
(b) Neither the County nor the City may contest the validity, perfection,
priority, or enforceability of the lien granted to the other Party by a deed of trust secured by the
Property. Notwithstanding any failure of a Party to perfect its lien on the Property or any other
defect in the security interests or obligations owing to such Party, the priority and rights as
between the lenders that are Parties to this Agreement are as set forth in this Agreement.
7. Foreclosure Proceeds. If there is a foreclosure, or any other action, whether
judicial or nonjudicial, under any or both of the Deeds of Trust (including the giving of a deed in
lieu of foreclosure), the proceeds resulting from such foreclosure or action will be first used to
pay (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by the County, the
City, or both, in connection with such foreclosure or other action. After such payments (i) the
City is entitled to the result obtained by multiplying the City Loan Prorata Share by the
Foreclosure Net Proceeds, and (ii) the County is entitled to the result obtained by multiplying the
County Loan Prorata Share by the Foreclosure Net Proceeds.
8. Insurance and Condemnation Proceeds. If, as a result of having made the City
Loan and the County Loan, the City and County are entitled to insurance or condemnation
proceeds, they will share such proceeds as follows: (i) the City is entitled the result obtained by
multiplying the City Loan Prorata Share by the available proceeds, and (ii) the County is entitled
to the result obtained by multiplying the County Loan Prorata Share by the available proceeds.
9. Title to Property. If, as a result of having made the City Loan and the County
Loan, either the City or the County is entitled to title to the Property as a consequence of
Borrower's default, then title is to be held in tenancy in common by the City and the County in
accordance with their respective prorata share of the Foreclosure Net Proceeds. Subsequent
decisions to hold or sell the Property will be made by joint decision of the City and the County.
10. Notices. All notices required or permitted by any provision of this Agreement
must be in writing and sent by registered or certified mail, postage prepaid, return receipt
requested, or delivered by express delivery service, return receipt requested, or delivered
personally, to the principal office of the Parties as follows:
March 29, 2016 Contra Costa County BOS Official Minutes 815
863\97\1833963.3 11
City: City of Pinole
__________________
___________
Attn: City Manager
County: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Affordable Housing Program Manager
Borrower: EB, L.P.
c/o EB, LLC
22645 Grand Street
Hayward, CA 94541
Attention: President
Investor Limited
Partner: U.S. Bancorp Community Development Corporation
1307 Washington Avenue, Suite 300
Mail Code SL MO RMCD
St. Louis, MO 63103
Attn: Director of LIHTC Asset Management
Phone: (314) 355-2600
with a copy to:
Kutak Rock LLP
1650 Farnam Street
Omaha, NE 68102-2186
Attn: Jill H. Goldstein, Esq.
Such written notices, demands, and communications may be sent in the same manner to such
other addresses as the affected Party may from time to time designate as provided in this Section.
Receipt will be deemed to have occurred on the date marked on a written receipt as the date of
delivery or refusal of delivery (or attempted delivery if undeliverable).
11. Titles. Any titles of the sections or subsections of this Agreement are inserted for
convenience of reference only and are to be disregarded in interpreting any part of the
Agreement's provisions.
12. California Law. This Agreement is governed by the laws of the State of
California.
13. Severability. If any term of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in
March 29, 2016 Contra Costa County BOS Official Minutes 816
863\97\1833963.3 12
full force and effect unless the rights and obligations of the Parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
14. Legal Actions. If any legal action is commenced to interpret or to enforce the
terms of this Agreement or to collect damages as a result of any breach of this Agreement, then
the Party prevailing in any such action shall be entitled to recover against the Party not prevailing
all reasonable attorneys' fees and costs incurred in such action.
15. Entire Agreement. This Agreement constitutes the entire understanding and
agreement of the Parties with respect to the distribution of proceeds upon foreclosure of or other
remedies under the Deeds of Trust.
16. Counterparts. This Agreement may be executed in multiple originals, each of
which is deemed to be an original, and may be signed in counterparts.
17. Amendments. This Agreement may not be modified except by written instrument
executed by and amongst the Parties.
[Remainder of Page Left Intentionally Blank]
March 29, 2016 Contra Costa County BOS Official Minutes 817
Signature Page
Intercreditor Agreement
863\97\1833963.3
13
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
BORROWER:
EB, L.P., a California limited partnership
By: EB LLC, a California limited liability
company, its general partner
By: Eden Development Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By:_______________________
Its:______________________
COUNTY:
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California
By: __________________
Name:___________________
Its:____________________
Approved as to form:
SHARON L. ANDERSON
County Counsel
By:
Kathleen Andrus
Deputy County Counsel
March 29, 2016 Contra Costa County BOS Official Minutes 818
Signature Page
Intercreditor Agreement
863\97\1833963.3
14
CITY:
CITY OF PINOLE
By: __________________
Michelle Fitzer, City Manager
ATTEST
___________________
Patricia Athenour, MMC
City Clerk
Reviewed as to Form:
______________________
City Attorney
March 29, 2016 Contra Costa County BOS Official Minutes 819
863\97\1833963.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
March 29, 2016 Contra Costa County BOS Official Minutes 820
863\97\1833963.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
March 29, 2016 Contra Costa County BOS Official Minutes 821
863\97\1833963.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
March 29, 2016 Contra Costa County BOS Official Minutes 822
A-1
863\97\1833963.3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
March 29, 2016 Contra Costa County BOS Official Minutes 823
RECOMMENDATION(S):
1. ADOPT Resolution No. 2016/122 authorizing the issuance of Multifamily Housing Revenue Bonds in a principal
amount not to exceed $29,476,000 to finance the acquisition and rehabilitation of East Bluff Apartments in Pinole
(the "Development").
2. FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct.
3. AUTHORIZE the issuance of a County of Contra Costa Multifamily Housing Revenue Bond (East Bluff
Apartments), Series 2016A in an aggregate principal amount not to exceed $29,476,000.
4. APPROVE the form of, and authorize the County to execute, the Indenture between the County and U.S. Bank
National Association. (the "Bank").
5. APPROVE the form of, and authorize the County to execute, the Construction Loan Agreement among the Bank,
the County and EB L.P. (the "Borrower")
6. APPROVE the form of, and authorize the County to execute, the Regulatory Agreement and Declaration of
Restrictive Covenants between the County and Borrower.
7. APPROVE the form of, and authorize the County to execute, the Assignment of Deed of Trust and related
documents by the County to the Bank.
8. APPOINT Quint & Thimmig, LLP as bond counsel for the transaction.
9. AUTHORIZE and DIRECT the Designated Officers of the County to do any and all things and take any 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 consummate the lawful issuance and delivery of the Bonds in accordance
with the Resolution.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C.110
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Bond Sale Resolution - East Bluff Apartments, Pinole
March 29, 2016 Contra Costa County BOS Official Minutes 824
FISCAL IMPACT:
No impact to the General Fund. At the closing for the Bonds, the County is reimbursed for costs incurred in the
issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the
Development will be rented to low income households are accommodated in the documents for the Bonds. The
Bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under
the Bond documents. No County funds are pledged to secure the Bonds.
BACKGROUND:
The recommended action is the adoption of a Resolution by the Board, as the legislative body of the County,
authorizing the issuance of Multifamily Housing Revenue Bonds, the proceeds of which will be used to finance
the acquisition and rehabilitation of East Bluff Apartments, a 144 unit residential housing development located at
1813 Marlesta Court in Pinole.
The ownership entity for the development will be EB, L.P., a California limited partnership with EB, LLC
serving as general partner of the Borrower and Eden Investments, Inc. serving as the member/manager of EBLLC.
The ownership entity is an affiliate of Eden Housing, Inc., a local non-profit housing developer that has developed
over 6,000 units of housing over the past 45 years. U.S. Bank will be the tax credit investor special limited partner.
On October 6, 2015, the Board of Supervisors adopted Resolution No. 2015/369 expressing the Board's intent to
issue multi-family housing revenue bonds for the Development. That Resolution authorized the submittal of an
application by the County for tax-exempt private activity bond authority from the California Debt Limit
Allocation Committee. Subsequent to the adoption of that Resolution, the County, as required by Section 147(f) of
the Internal Revenue Code, held a noticed public hearing to permit interested parties to comment on the proposed
financing and the Development. That hearing was held on October 13, 2015 with no comments received from the
public. The Board adopted Resolution No. 2015/405 on November 3, 2015 to authorize proceeding with the
issuance of the Bonds pursuant to Section 147(f) of the Internal Revenue Code.
On December 16, 2015, the California Debt Limit Allocation Committee awarded the County authority to issue
the Bonds in a maximum principal amount of $29,476,000. That authority will be used to issue and sell the Bonds
directly to U.S. Bank National Association, with the proceeds of the Bonds to be used to fund a loan by the
County to EB, L.P. In addition to the proceeds of the Bonds, the Development will utilize other forms of financing
detailed in Attachment A. The transaction is expected to close on or about March 31, 2016.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action would prevent the County from issuing the Multifamily Housing Revenue Bonds in order to
provide a loan to EB, L.P. to finance the acquisition and rehabilitation of East Bluff Apartments.
CHILDREN'S IMPACT STATEMENT:
East Bluff Apartments provide 144 units of affordable rental housing appropriate for families. This supports
outcome #3: Families are Economically Self Sufficient.
ATTACHMENTS
Resolution No. 2016/122
Attachment 1: Assignment of Deed of Trust-East Bluff
Attachment 2: Construction Loan Agreement-East Bluff
Attachment 3: Indenture-East Bluff
March 29, 2016 Contra Costa County BOS Official Minutes 825
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/122
IN THE MATTER OF AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN A
PRINCIPAL AMOUNT NOT TO EXCEED $29,476,000 TO FINANCE THE ACQUISITION AND REHABILITATION OF A
MULTIFAMILY RENTAL HOUSING PROJECT FOR EB, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AND OTHER
MATTERS RELATING THERETO
WHEREAS, the County of Contra Costa (the “County”) is authorized pursuant to Chapter 7 of Part 5 of Division 31 of the
Health and Safety Code of the State of California (the “Act”) to issue bonds and notes for the purpose of financing multifamily
rental housing facilities; and
WHEREAS, EB, L.P., a California limited partnership (the “Borrower”) has requested that the County issue multifamily housing
revenue bonds (the “Bonds”) and loan the proceeds of the Bonds to the Borrower to finance the acquisition and rehabilitation by
the Borrower of a 144 unit residential rental housing development (the “Development”) located at 1813 Marlesta Court in Pinole,
California; and
WHEREAS, on October 13, 2015, the Community Development Bond Program Manager of the County held a public hearing on
the proposed issuance of the Bonds by the County for, and the financing, ownership and operation of, the Development, as
required under the provisions of the Internal Revenue Code (the “Code”) applicable to tax-exempt obligations, following
published notice of such hearing, and communicated to the Board of Supervisors of the County all written and oral testimony
received at the hearing; and
WHEREAS, on November 3, 2015, the Board of Supervisors of the County adopted Resolution No. 2015/405 authorizing the
issuance of the Bonds to finance the Development in satisfaction of public approval requirements of the Code; and
WHEREAS, the California Debt Limit Allocation Committee adopted its Resolution No. 15-142 on December 16, 2015
allocating $29,476,000 of the State of California ceiling on private activity bonds for 2015 to the County for the purpose of
financing the Development; and
WHEREAS, in order to assist in the financing of the Development, the County has determined to issue the Bonds, as authorized
by the Act, and sell the Bonds to U.S. Bank National Association (the “Bank”), and to use the proceeds of the sale of the Bonds
to the Bank to make a loan to the Borrower pursuant to a construction loan agreement (the “Loan Agreement”) among the Bank,
the County and the Borrower, with amounts due from the County to the Bank under the Bonds to be payable solely from amounts
paid by the Borrower under the Loan Agreement; and
WHEREAS, there have been prepared various documents with respect to the issuance by the County of the Bonds, copies of
which are on file with the Clerk of the Board, and the Board of Supervisors now desires to approve the issuance of the Bonds
and the execution and delivery of such documents by the County; and
WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in
connection with the issuance of the Bonds as contemplated by this Resolution and the documents referred to herein exist, have
happened and have been performed in due time, form and manner as required by the laws of the State of California, including the
Act.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows:
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 826
Section 1. The Board of Supervisors hereby finds and declares that the foregoing recitals are true and correct.
Section 2. Pursuant to the Act and the Indenture, the Bonds designated as “County of Contra Costa Multifamily Housing Revenue
Bonds (East Bluff Apartments), Series 2016A” in an aggregate principal amount of not to exceed $29,476,000, are hereby
authorized to be issued. The Bonds shall be executed by the manual or facsimile signature of the Chair of the Board of
Supervisors (the “Chair”), in the form set forth in and otherwise in accordance with the Indenture.
Section 3. The Indenture between the County and the Bank (the “Indenture”), in the form on file with the Clerk of the Board, is
hereby approved. Any one of the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, the County
Administrator, the Director of Conservation and Development, the Assistant Deputy Director of Conservation and Development
and the Community Development Bond Program Manager (collectively, the “Designated Officers”) is hereby authorized, for and
in the name and on behalf of the County, to execute and deliver the Indenture in said form, together with such additions thereto or
changes therein as are recommended or approved by the Designated Officer executing the Indenture upon consultation with Bond
Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 9 hereof,
provided that no additions or changes shall authorize an aggregate principal amount of the Bonds in excess of the amount set
forth in Section 2 above), the approval of such additions or changes to be conclusively evidenced by the execution and delivery
of the Indenture by the County. The date, maturity date, interest rate or rates, privileges, manner of execution, place of payment,
terms of redemption and other terms of the Bonds shall be as provided in the Indenture as finally executed.
Section 4. The Loan Agreement among the Bank, the County and the Borrower, in the form on file with the Clerk of the Board,
is hereby approved. Any one of the Designated Officers is hereby authorized to execute and deliver the Loan Agreement in said
form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer
executing the Loan Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are
necessary or advisable in accordance with Section 9 hereof), the approval of such changes to be conclusively evidenced by the
execution and delivery of the Loan Agreement by the County.
Section 5. The regulatory agreement and declaration of restrictive covenants relating to the Development, between the County
and the Borrower (the “Regulatory Agreement”), in the form on file with the Clerk of the Board, is hereby approved. Any one of
the Designated Officers is hereby authorized, for and in the name and on behalf of the County, to execute and deliver the
Regulatory Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by
the Designated Officer executing the Regulatory Agreement upon consultation with Bond Counsel to the County (including such
additions or changes as are necessary or advisable in accordance with Section 9 hereof), the approval of such additions or
changes to be conclusively evidenced by the execution and delivery of the Regulatory Agreement by the County.
Section 6. The Assignment of Deed of Trust and Related Documents, by the County to the Bank (the “Assignment”), in the form
on file with the Clerk of the Board, is hereby approved. Any one of the Designated Officers is hereby authorized, for and in the
name and on behalf of the County, to execute and deliver the Assignment in said form, together with such additions thereto or
changes therein as are recommended or approved by the Designated Officer executing the Assignment upon consultation with
Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 9
hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Assignment
by the County.
Section 7. The Bonds, when executed, shall be delivered to the Bank (as the purchaser of the Bonds), in accordance with written
instructions executed on behalf of the County by any one of the Designated Officers of the County, which instructions said
officers are hereby authorized, for and in the name and behalf of the County, to execute and deliver. Such instructions shall
provide for the delivery of the Bonds to the Bank upon the funding by the Bank of the initial advance of the purchase price of
the Bonds as described in Section 3.03(b) of the Indenture.
Section 8. The law firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the County for the Bonds. The fees
and expenses of such firm for matters related to the Bonds shall be payable solely from the proceeds of the Bonds or
contributions by the Borrower.
Section 9. All actions heretofore taken by the officers and agents of the County with respect to the issuance of the Bonds are
hereby approved, confirmed and ratified, and the proper officers of the County, including the Designated Officers, are 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 any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable
in order to consummate the lawful issuance and delivery of the Bonds in accordance with this Resolution, including but not
limited to any certificates, agreements and other documents described in the Indenture, the Loan Agreement, the Regulatory
Agreement or the Assignment, or otherwise necessary to issue the Bonds and consummate the transactions contemplated by the
documents approved by this Resolution.
March 29, 2016 Contra Costa County BOS Official Minutes 827
documents approved by this Resolution.
Section 10. This Resolution shall take effect upon its adoption.
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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 828
LEGAL_US_W # 85212301.3
RECORDING REQUESTED BY
AND MAIL TO:
U.S. Bank National Association
4747 Executive Drive
3rd Floor
San Diego, California 92121
Attention: Loan Administration
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSIGNMENT OF DEED OF TRUST AND
RELATED DOCUMENTS
For value received, COUNTY OF CONTRA COSTA, CALIFORNIA, a
political subdivision and body corporate and politic, organized and existing under the laws of the
State of California (“Issuer”), hereby grants, conveys, assigns and transfers to U.S. BANK
NATIONAL ASSOCIATION, a national banking association (“Bondowner Representative”),
for security purposes only and without recourse the interest of Issuer (other than the “Unassigned
Rights,” as such term is defined in the Indenture referenced in Recital E below) under:
A. That Construction Deed of Trust, Assignment of Leases and Rents,
Security Agreement and Fixture Filing (the “Deed of Trust”) dated as of [__________], 2016,
executed by EB, L.P., a California limited partnership (“Borrower”), as grantor, to NORTH
AMERICAN TITLE COMPANY, as trustee, for the benefit of Issuer as beneficiary, and
recorded concurrently herewith in the Official Records of Contra Costa County, California,
affecting the real property described in Exhibit A attached hereto and incorporated herein by this
reference;
B. That certain Construction Loan Agreement (the “Loan Agreement”) dated
as of even date herewith among Issuer, Bondowner Representative and Borrower;
C. That certain Promissory Note (“Note”) of even date with the Deed of
Trust, executed by Borrower in favor of Issuer, in the original principal amount of Twenty-Nine
Million Four Hundred Seventy-Six Thousand and No/100th Dollars ($29,476,000), and all
renewals, modifications and extensions thereof;
D. The policy of title insurance issued by North American Title Company
insuring the lien of the Deed of Trust; and
E. All other “Loan Documents” relating to the “Loan” (as each such term is
defined in the Loan Agreement) secured by the Deed of Trust; all of which are granted to secure
all obligations of Issuer under the Bonds in the face amount of Twenty-Nine Million Four
Hundred Seventy-Six Thousand and No/100th Dollars ($29,476,000) issued by Issuer and sold to
March 29, 2016 Contra Costa County BOS Official Minutes 829
LEGAL_US_W # 85212301.3
the Bondowner Representative, and all renewals, modifications and extensions thereof, together
with all other obligations of Issuer to Bondowner Representative under the Indenture dated as of
[___________], 2016, between Issuer and Bondowner Representative.
All capitalized terms used herein and without definition shall have the meanings
set forth in the Loan Agreement.
Dated as of [___________], 2016.
[Signature Page Follows]
March 29, 2016 Contra Costa County BOS Official Minutes 830
LEGAL_US_W # 85212301.3
[Signature Page to Assignment of Deed of Trust and Related Documents (East Bluff)]
ISSUER:
COUNTY OF CONTRA COSTA, CALIFORNIA, a
political subdivision and body corporate and politic,
organized and existing under the laws of the State of
California
By: _____________________________________
_____________________________________
Authorized Signatory
March 29, 2016 Contra Costa County BOS Official Minutes 831
LEGAL_US_W # 85212301.3
A-1
EXHIBIT A
REAL PROPERTY
Real property in the City of Pinole, County of Contra Costa, State of California, described as
follows:
PORTION OF THE WEST 1/2 SECTION 22, TOWNSHIP 2 NORTH, RANGE 4 WEST,
MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERN CORNER OF LOT 101, AS SHOWN ON THE
MAP OF SUBDIVISION 4176, FILED JANUARY 17, 1972, IN BOOK 143 OF MAPS,
PAGES 13 TO 18 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF
CONTRA COSTA COUNTY; RUNNING THENCE ALONG THE GENERAL NORTHERN
AND NORTHWESTERN BOUNDARY OF SAID LOT, AS FOLLOWS: SOUTH 50° 02' 54"
WEST 200.891 FEET; SOUTH 85° 07' 43" WEST 176.638 FEET; SOUTH 61° 20' 25" WEST
149.45 FEET; SOUTH 17° 58' 11" WEST 199.40 FEET; AND SOUTH 88° 38' 11" WEST
59.00 FEET TO THE EASTERN LINE OF THE LAND SHOWN ON THE MAP OF
SUBDIVISION 2680, FILED FEBRUARY 11, 1959, IN BOOK 72 OF MAPS, PAGE 12, IN
THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE
ALONG THE EXTERIOR BOUNDARY OF SAID LAND, AS FOLLOWS: NORTH 17° 58'
11" EAST 275.00 FEET; NORTH 42° 51' 49" WEST 125.00 FEET; NORTH 29° 36' 39" WEST
144.00 FEET; NORTH 49° 36' 49" WEST 85.00 FEET; NORTH 1° 07' 44" WEST 188.00
FEET; SOUTH 88° 52' 16" WEST 23.00 FEET AND NORTH 1° 07' 44" WEST 92.00 FEET
TO THE NORTHEASTERN CORNER OF LOT 12 OF SAID LAST MENTIONED MAP;
THENCE NORTH 89° 34' 31" EAST 319.17 FEET; THENCE NORTH 88° 52' 37" EAST
408.853 FEET; AND SOUTH 16° 06' 53" EAST 193.499 FEET TO A LINE DRAWN NORTH
8° 43' 29" EAST FROM THE POINT OF BEGINNING; AND THENCE SOUTH 8° 43' 29"
WEST 233.394 FEET TO THE POINT OF BEGINNING.
APN: 401-240-032-3
March 29, 2016 Contra Costa County BOS Official Minutes 832
LEGAL_US_W # 85212301.3
[Acknowledgement to Assignment of Deed of Trust and Related Documents (East Bluff)]
ACKNOWLEDGMENT
State of California )
) ss
County of __________________ )
On _____________________, 2015 before me, _____________________________________________,
a Notary Public in and for said State, personally appeared ______________________________________
________________________________, who proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her their authorized capacity (ies), and that by his/her/their signature
(s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature_____________________________
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
March 29, 2016 Contra Costa County BOS Official Minutes 833
LEGAL_US_W # 85090699.3
CONSTRUCTION LOAN AGREEMENT
AMONG
COUNTY OF CONTRA COSTA, CALIFORNIA,
U.S. BANK NATIONAL ASSOCIATION
AND
EB, L.P.
DATED AS OF __________, 2016
March 29, 2016 Contra Costa County BOS Official Minutes 834
LEGAL_US_W # 85090699.3
Table of Contents
i
1. Definitions and Interpretation ......................................................................................................... 2
1.1 Defined Terms ................................................................................................................... 2
1.2 Singular and Plural Terms ............................................................................................... 19
1.3 Accounting Principles ...................................................................................................... 19
1.4 References and Other Terms ............................................................................................ 20
1.5 Exhibits Incorporated ....................................................................................................... 20
1.6 Inconsistency ................................................................................................................... 20
2. The Loan; Payments; Fees ............................................................................................................ 20
2.1 Principal ........................................................................................................................... 20
2.2 Interest ............................................................................................................................. 20
2.3 Payments .......................................................................................................................... 21
2.4 Prepayments ..................................................................................................................... 22
2.5 Capital Adequacy / Yield Protection ............................................................................... 23
2.6 Loan Fee .......................................................................................................................... 23
2.7 Option to Extend Note Maturity Date .............................................................................. 23
2.8 Loan Mandatory Payment ................................................................................................ 24
3. Conditions to Closing and Disbursements .................................................................................... 24
3.1 Conditions to Closing ...................................................................................................... 24
3.2 Conditions Precedent to Initial Disbursement ................................................................. 28
3.3 Conditions Precedent to All Disbursements .................................................................... 29
3.4 Conditions Precedent to Final Disbursement ................................................................... 31
4. Disbursement ................................................................................................................................ 32
4.1 General ............................................................................................................................. 32
4.2 No Waiver ........................................................................................................................ 33
4.3 Advances for Sums Due to Lender .................................................................................. 33
4.4 Advances for Developer Fee ............................................................................................ 33
4.5 Disbursement for Materials Not Incorporated Into the Project ........................................ 33
4.6 Payments from Interest Reserve ...................................................................................... 34
4.7 Draw Requests ................................................................................................................. 34
4.8 Loan “In-Balance” ........................................................................................................... 34
4.9 Cost Savings .................................................................................................................... 35
4.10 Retainage ......................................................................................................................... 35
4.11 Contingency ..................................................................................................................... 36
4.12 Budget .............................................................................................................................. 36
4.13 Subcontractor Verification ............................................................................................... 36
4.14 Waiver of Disbursement Conditions ................................................................................ 36
4.15 All Disbursements Secured by Loan Documents ............................................................ 36
4.16 No Liability for Disbursements ....................................................................................... 36
4.17 Special Conditions of Disbursements .............................................................................. 36
5. General Representations, Warranties and Covenants ................................................................... 36
5.1 Formation, Qualification and Compliance ....................................................................... 37
5.2 Execution and Performance of Loan Documents ............................................................ 37
5.3 Financial and Other Information ...................................................................................... 39
5.4 No Material Adverse Occurrence .................................................................................... 39
5.5 Tax Liability .................................................................................................................... 39
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5.6 Budget: Source of Funds ................................................................................................. 39
5.7 No Litigation .................................................................................................................... 39
5.8 Documents ....................................................................................................................... 39
5.9 Name and Principal Place of Business ............................................................................. 40
5.10 Business Loans; Regulation U ......................................................................................... 40
5.11 Investment Company Act; ERISA ................................................................................... 40
5.12 Non-Foreign Status .......................................................................................................... 40
5.13 Continuing Nature of Representations and Warranties .................................................... 40
5.14 No Reliance on Lender for Advice .................................................................................. 40
5.15 Anti-Corruption Laws; Sanctions; Anti-Terrorism Laws ................................................ 40
6. Project Representations, Warranties and Covenants ..................................................................... 41
6.1 Completion of Improvements .......................................................................................... 41
6.2 Offsite Improvements ...................................................................................................... 42
6.3 Conformity with Plans ..................................................................................................... 42
6.4 Change Orders ................................................................................................................. 42
6.5 Entry and Inspection ........................................................................................................ 43
6.6 Project Information .......................................................................................................... 43
6.7 Governmental Requirements ........................................................................................... 43
6.8 Project Agreements .......................................................................................................... 44
6.9 Project Inspector .............................................................................................................. 44
6.10 Property Management Agreements .................................................................................. 44
6.11 Access; Roads; Easement ................................................................................................ 44
6.12 Parking ............................................................................................................................. 45
6.13 No Encroachments ........................................................................................................... 45
6.14 Lots; Plat .......................................................................................................................... 45
6.15 Subdivision Plat ............................................................................................................... 45
6.16 Hazardous Substances ...................................................................................................... 45
6.17 Title/Liens ........................................................................................................................ 46
6.18 Leases............................................................................................................................... 46
6.19 Title Insurance Endorsements .......................................................................................... 48
6.20 Sale or Lease of Project ................................................................................................... 48
6.21 Utilities............................................................................................................................. 49
7. Covenants Regarding Maintenance, Operation, Preservation and Repair of Project .................... 49
7.1 Maintenance Alteration and Repair ................................................................................. 49
7.2 Personal Property ............................................................................................................. 49
7.3 Taxes and Impositions ..................................................................................................... 49
7.4 Assessment Districts ........................................................................................................ 50
8. Other Covenants ........................................................................................................................... 50
8.1 Lists of Personal Property ................................................................................................ 50
8.2 Further Assurances .......................................................................................................... 50
8.3 Guarantor Net Worth and Liquidity ................................................................................. 50
8.4 Subordinate Loan Documents/Affordability Requirements ............................................ 51
8.5 Capital Contributions ....................................................................................................... 52
8.6 Single Asset Borrower ..................................................................................................... 52
8.7 Reserves Required by Investor ........................................................................................ 52
8.8 HAP Contract ................................................................................................................... 52
8.9 Reappraisal Requirements ............................................................................................... 52
8.10 Bond Documents .............................................................................................................. 53
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8.11 Tax Certificate ................................................................................................................. 53
9. Covenants Regarding Insurance and Condemnation .................................................................... 53
9.1 Insurance, Casualty and Condemnation ........................................................................... 53
10. Covenants Regarding Required Accounts; Security Agreement .................................................. 56
10.1 Tenant Security Deposit Account .................................................................................... 56
10.2 Tax Escrow Account ........................................................................................................ 56
10.3 Insurance Escrow Account .............................................................................................. 56
10.4 Operating Account ........................................................................................................... 56
10.5 Bank-Controlled Account ................................................................................................ 56
10.6 Intentionally Omitted ....................................................................................................... 56
10.7 Construction Disbursement Account ............................................................................... 56
10.8 Security Agreement for Required Accounts .................................................................... 57
11. Financial Covenants ...................................................................................................................... 57
11.1 Intentionally Omitted ....................................................................................................... 57
11.2 Limitation on Distributions .............................................................................................. 57
11.3 Limitations on Additional Indebtedness and Other Transactions .................................... 57
12. Reporting Requirements ............................................................................................................... 57
12.1 Financial and Covenant Compliance Reporting Requirements ....................................... 57
12.2 Notice of Certain Matters................................................................................................. 59
12.3 Additional Reports and Information ................................................................................ 60
12.4 Keeping Guarantor Informed ........................................................................................... 60
12.5 Partnership Agreement .................................................................................................... 60
12.6 Prohibited Transactions ................................................................................................... 61
12.7 Bond Documents, Subordinate Loan Documents or Permanent Commitment ................ 61
13. LIHTC and Other Credit Covenants ............................................................................................. 61
13.1 Compliance with Credit Requirements ............................................................................ 61
13.2 Compliance and Cooperation in Enforcement of Tax Credit LURA and
Regulatory Agreement ..................................................................................................... 61
14. Intentionally Omitted .................................................................................................................... 62
15. Defaults and Remedies ................................................................................................................. 62
15.1 Events of Default ............................................................................................................. 62
15.2 Rights and Remedies ....................................................................................................... 65
15.3 Completion of Project by Lender ..................................................................................... 66
15.4 Cumulative Remedies; No Waiver .................................................................................. 67
16. Miscellaneous ............................................................................................................................... 67
16.1 Nonliability of Lender ..................................................................................................... 67
16.2 Indemnity ......................................................................................................................... 68
16.3 Reimbursement of Lender................................................................................................ 68
16.4 Obligations Unconditional and Independent.................................................................... 69
16.5 Notices ............................................................................................................................. 69
16.6 Survival of Representations and Warranties .................................................................... 70
16.7 Signs ................................................................................................................................ 70
16.8 No Third Parties Benefited .............................................................................................. 70
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16.9 Binding Effect; Assignment of Obligations ..................................................................... 70
16.10 Counterparts ..................................................................................................................... 70
16.11 Prior Agreements; Amendments; Consents ..................................................................... 70
16.12 Governing Law ................................................................................................................ 70
16.13 Severability of Provisions ................................................................................................ 70
16.14 Headings .......................................................................................................................... 70
16.15 Conflicts ........................................................................................................................... 71
16.16 Time of the Essence ......................................................................................................... 71
16.17 Transfers and Participations ............................................................................................. 71
16.18 Environmental Indemnity Agreement .............................................................................. 71
16.19 Guaranties Unsecured ...................................................................................................... 71
16.20 Rights to Share Information ............................................................................................. 72
16.21 Pledge to Federal Reserve ................................................................................................ 72
16.22 Waiver of Right to Designate Application of Payment ................................................... 72
16.23 Waiver of Right to Trial by Jury ...................................................................................... 72
16.24 Rights in Deposit and Securities Accounts ...................................................................... 72
16.25 USA PATRIOT Act Notice ............................................................................................. 73
16.26 Compliance With Anti-Terrorism, Embargo, Sanctions and Anti-Money
Laundering Laws ............................................................................................................. 73
16.27 Tax Shelter Disclosure ..................................................................................................... 74
16.28 Designated Representative(s)........................................................................................... 74
16.29 Adjustment of Interest Rate Upon Loss of Tax Exclusion .............................................. 74
16.30 Ineligible Guarantor ......................................................................................................... 75
16.31 Document Imaging, Electronic Transactions and the UETA .......................................... 75
16.32 Waiver of Special Damages ............................................................................................. 75
16.33 Acknowledgment ............................................................................................................. 75
16.34 Assignment to U.S. Bank ................................................................................................. 75
16.35 Use of Proceeds ............................................................................................................... 75
16.36 Non-Liability of Issuer ..................................................................................................... 75
17. Tax and Other Covenants .............................................................................................................. 76
17.1 Payment of Issuer Fees and Expenses ............................................................................. 76
17.2 Cooperation in Enforcement of Regulatory Agreement .................................................. 77
17.3 Representations and Warranties of the Borrower ............................................................ 77
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Exhibits
Exhibit A Legal Description
Exhibit B Budget
Exhibit C-1 Borrower’s Letter of Draw Request
Exhibit C-2 Draw Request Certification
Exhibit D Sworn Construction Cost Statement
Exhibit E Schedule of Required Capital Contributions
Exhibit F Construction Funds Schedule
Exhibit G Loan Documents -
Exhibit H Permitted Developer Fee Payments
Exhibit I Intentionally Omitted
Exhibit J Compliance Certificate
Exhibit K Guarantor Compliance Certificate
Exhibit L Commercial Real Estate Standard Insurance Requirements
Exhibit M Intentionally Omitted
Exhibit N U.S. Bank Rider
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CONSTRUCTION LOAN AGREEMENT
This CONSTRUCTION LOAN AGREEMENT (this “Agreement”), dated as of ___________,
2016 is among the COUNTY OF CONTRA COSTA, CALIFORNIA, a political subdivision and body
corporate and politic, organized and existing under the laws of the State of California (“Issuer” or
“Lender”), U.S. BANK NATIONAL ASSOCIATION, (“U.S. Bank”) and EB, L.P., a California
limited partnership (the “Borrower”). Pursuant to that certain Assignment of Deed of Trust and Loan
Documents (the “Deed of Trust Assignment”) dated as of even date herewith, by and between Issuer and
U.S. Bank, in its capacity as “Bondowner Representative” (in such capacity, “Bondowner
Representative”) under that certain Indenture dated as of _______, 2016 (“Indenture”), executed by and
between Issuer and Bondowner Representative, Issuer shall, concurrently with the execution of this
Agreement, assign and transfer to Bondowner Representative all of Issuer’s right, title and interest in, to,
and under (but not its obligations as “Issuer” under) the Loan Documents (as defined below), excluding
any right expressly reserved to Issuer as “Unassigned Rights” (as defined in the Indenture). Upon the
execution and delivery of the Deed of Trust Assignment, (a) all references to “Lender” under this
Agreement shall mean Bondowner Representative and its respective successors and assigns, and (b)
Issuer shall be referred to as “Issuer”. In its capacity as “Bondowner Representative”, U.S. Bank shall
have the sole right to exercise, grant, make and/or issue all of the rights, powers, elections,
determinations, approvals, consents, remedies, duties and functions of “Lender” hereunder other than the
“Unassigned Rights.” Any deliveries or payments required to be made hereunder by Borrower to Lender
shall be made to Bondowner Representative unless the terms of the Indenture or this Agreement expressly
and specifically provide otherwise.
RECITALS
The following Recitals form the basis and are a material part of this Agreement (terms not
otherwise defined in the Recitals have the meanings set forth in Section 1.1):
A. Borrower owns or will own, concurrently with the Closing Date under this Agreement,
certain real property (the “Land”) located in the County of Contra Costa, State of California, legally
described on Exhibit A attached to this Agreement and incorporated herein.
B. Borrower intends to acquire the Land and Improvements and to rehabilitate an
existing 144-unit affordable housing apartment project located on the Land (the “Project”).
C. Borrower has applied to Issuer for a loan (the “Loan”) in the maximum principal amount
of Twenty Nine Million, Four Hundred Seventy Six Thousand and No/100ths Dollars ($29,476,000.00).
D. Issuer, in order to raise sufficient funds to make the Loan to Borrower, has determined to
issue its Multifamily Housing Revenue Bonds (East Bluff Apartments), Series 2016 A, in the aggregate
face amount of $29,476,000.00 (the “Bonds”).
E. Subject to the issuance of the Bonds and subject to the terms and conditions of this
Agreement, Issuer and Lender are willing to make the Loan to Borrower.
F. The Loan is evidenced by a Promissory Note dated as of even date herewith executed by
Borrower in favor of Lender in the face principal amount not to exceed $29,476,000.00 (the “Note”). The
amount of the Loan has been determined based on the assumption that Borrower will receive certain
Credits, as further described in this Agreement.
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G. Borrower has commitments for additional financing for the acquisition and rehabilitation
of the Project from the following sources:
1. Subordinate Loans and other funding as described on the Construction Funds
Schedule, described on Exhibit F.
2. Capital contributions from the Partners in the anticipated amount of
$__________, as further described on Exhibit E.
H. If Borrower satisfies the “Conversion Conditions” contained in that certain Bond
Purchase Agreement (the “Permanent Commitment”) of even date herewith by and among Borrower,
U.S. Bank and California Community Reinvestment Corporation, a California nonprofit public benefit
corporation (“Permanent Lender”), Permanent Lender will purchase a portion of the Bonds, and the Loan
will convert to a term loan. Upon Conversion, this Agreement shall be supplemented by that certain
Permanent Loan Agreement dated as of _______, 2016 (the “Permanent Loan Agreement”) by and
between Borrower and Permanent Lender. To the extent that any of the terms and provisions of this
Agreement conflict with the terms and provisions of the Permanent Loan Agreement, the terms of the
Permanent Loan Agreement shall be deemed to amend and restate such conflicting terms and conditions
contained in this Agreement. From and after the Conversion Date (as defined in the Permanent
Commitment) and the purchase of the Bonds by Permanent Lender, all references in the Loan Documents
to “Bondowner Representative” shall mean Permanent Lender and all references to the “Loan
Agreement” shall mean this Agreement, as supplemented by the Permanent Loan Agreement.
I. Pursuant to the Note and this Agreement, Lender is requiring that Borrower maintain
certain covenants, make certain covenants and representations, provide Lender with certain financial
information and agree to certain other conditions to obtaining the Loan as more fully set forth in this
Agreement.
1. Definitions and Interpretation.
1.1 Defined Terms. The following terms when used in this Agreement shall, except where
the context otherwise requires, have the following meanings.
“Acceptable Leases” means, with respect to the Units, legally valid, binding and enforceable
written lease agreements with bona fide tenants (excluding specifically Guarantor, employees, Affiliates,
and General Partner), providing for initial lease terms of not less than six months nor more than twelve
months and complying with all Laws, and all requirements set forth in the Subordinate Loan Documents,
Section 6.18 of this Agreement and the Internal Revenue Code.
“Accessibility Laws” means any federal, state or local law, statute, code, ordinance, rule,
regulation or requirement, including, without limitation, the United States Americans With Disabilities
Act of 1990, as amended (the “ADA”), relating to accessibility to facilities or properties for disabled,
handicapped and/or physically challenged persons, or other persons covered by the ADA.
“Advance” means (i) any portion of the Loan advanced by Lender to or for the benefit of
Borrower in accordance with this Agreement; (ii) any advance by Lender to protect the Project or the lien
of the Loan Documents, including any Protective Advance; and (iii) any other advance by Lender
required or permitted under this Agreement.
“Affiliate” means, as to any Person, any other Person directly or indirectly Controlling,
Controlled by or under common Control with such Person.
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“Agreement” means this Construction Loan Agreement, including amendments hereof and
supplements hereto executed by Lender and Borrower, or otherwise required hereunder.
“Anti-Corruption Laws” means all laws, rules, and regulations of any jurisdiction applicable to
the Borrower or its Subsidiaries from time to time concerning or relating to bribery or corruption.
“Anti-Terrorism Law(s)” means any laws relating to terrorism or money laundering, including
Executive Order No. 13224, the USA Patriot Act, the Laws comprising or implementing the Bank
Secrecy Act, and the Law administered by the United States Treasury Department ’s Office of Foreign
Asset Control (as any of the foregoing Laws may from time to time be amended, renewed, extended, or
replaced).
“Applicable Percentage” means the applicable percentage used for LIHTC under Section 42 of
the Internal Revenue Code.
“Appraisal” means an appraisal meeting the Required Appraisal Standard.
“Architect” means Ferrari Moe, LLP, or any other licensed architect, space planner or design
professional approved by Lender that Borrower may engage from time to time to design any portion of
the Project, including the preparation of Plans.
“Architect’s Agreement” means Standard Form of Agreement between Architect and Eden
Housing, Inc. dated May 1, 2015, as assigned to the Borrower by Eden Housing, Inc., and any
replacement architect’s agreement approved by Lender.
“Assignment and Subordination of Contracts” means the Assignment and Subordination of
Contracts dated as of the date hereof by Borrower in favor of Lender.
“Assignment and Subordination of Property Manager Agreement” means the Assignment and
Subordination of Property Manager Agreement dated as of the date hereof, by and between Borrower in
favor of Lender, with the consent of the Property Manager.
“Assignment of Contract Rights” means the Collateral Assignment of Contract Rights dated as
of the date hereof, made by General Partner in favor of Lender.
“Assignment of Construction and Development Documents” means, collectively, the
Assignment and Subordination of Architect’s Agreement, dated as of the date hereof, from Borrower to
Lender and consented to by Architect, the Assignment and Subordination of Engineering Contracts, dated
as of the date hereof, from Borrower to Lender and consented to by the Engineers (“Assignment of
Engineering Contracts”), and the Assignment and Subordination of Construction Contract, dated as of
the date hereof, from Borrower to Lender and consented to by the General Contractor.
“Bank-Controlled Account” means the bank-controlled account in Borrower’s name held by the
Lender into which (a) the Funding Sources, including any portion of the Loan which Lender elects to
deposit in the Bank-Controlled Account, and (b) any other amounts which the Lender requires the
Borrower to deposit in the Bank-Controlled Account will be deposited.
“Bond Documents” means, collectively, the Indenture, this Construction Loan Agreement, the
Regulatory Agreement, the Deed of Trust Assignment, the UCC-1 Financing Statements and any other
document (other than the Loan Documents) now or hereafter executed by Borrower, Issuer or Lender in
connection with the Bonds.
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“Bonds” has the meaning given that term in Recital D.
“Borrower” has the meaning set forth in the introductory paragraph of this Agreement.
“Borrower’s Organizational Documents” means the following, including any amendments and
supplements: The certificate of limited partnership of Borrower and the Partnership Agreement.
“Budget” means the line item budget for the hard and soft Project Costs for the Project as
approved by Lender and attached hereto as Exhibit B, as modified from time to time in accordance with
this Agreement.
“Business Day” means a day other than a Saturday, a Sunday or a day on which lenders in the
city in which the principal office of Lender is located are authorized or obligated by law or executive
order to close.
“Capital Contributions” shall mean capital contributions to the Borrower in the aggregate
amount of $__________, as further described on Exhibit E.
“Cash Equivalents” means and includes, on any day: (a) any evidence of debt issued by the
United States government, or guaranteed as to the timely payment of principal and interest by the United
States government, and maturing twelve (12) months or less after that day; (b) commercial paper issued
by a corporation (other than a corporation in which Guarantor has a direct or indirect interest) organized
under the laws of any state of the United States of America or of the District of Columbia, rated A-1 by
Standard and Poor’s Ratings Service or the equivalent rating by another nationally-recognized ratings
service acceptable to Lender and having a stated maturity date nine (9) months or less after its issue date;
(c) any certificate of deposit or banker’s acceptance issued by a commercial bank that is a member of the
Federal Reserve System and has a combined unimpaired capital and surplus and unimpaired undivided
profits of not less than Five Hundred Million Dollars ($500,000,000), and maturing not more than twelve
(12) months after that day; and (d) any repurchase agreement (i) entered into with any Federal Reserve
System member commercial bank of the size referred to in clause (c) above and (ii) secured by any
obligation of the type described in any of clauses (a)-(c) above and (iii) having a market value on its date
of at least one hundred percent (100%) of the repurchase obligation of that commercial bank.
“Change Orders” means changes in the Plans pursuant to Section 6.4 of this Agreement which
have been executed in accordance with the Construction Contract.
“City” means the City of Pinole, California.
“Closing Date” means __, 2016, the date on which all conditions precedent to closing set forth in
Section 3.1 have been satisfied.
“Code” means the Internal Revenue Code of 1986, as amended.
“Collateral” means (a) all real and personal property, tangible and intangible, and the products
and proceeds thereof, that secures the Loan, including but not limited to, the Project, the Personal
Property, the Capital Contributions, and the Credits (to the fullest extent that a collateral interest can be
granted therein), and (b) all accessions to, substitutions for and replacements, products and proceeds of
any of the foregoing, including, but not limited to, proceeds of any insurance policies, claims against third
parties, and condemnation or requisition payments with respect to all or any of the foregoing.
“Commencement Date” means the date which is thirty (30) days after the Closing Date.
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“Commodity Exchange Act” means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as
amended from time to time, and any successor statute.
“Compensation” has the meaning set forth in Section 9.1 (g).
“Completion” means the conditions set forth in Section 6.1 have been satisfied.
“Completion Date” means not later than _______ months following the Closing Date, by which
date Borrower is required to complete the Project pursuant to Section 6.1.
“Compliance Certificate” means the Compliance Certificate attached as Exhibit J which the
Borrower is required to provide quarterly or annually, as applicable.
“Condemnation” has the meaning set forth in Section 9.1(b).
“Construction Contract” means the contract between Borrower and General Contractor, or any
other contract that Borrower from time to time may execute, with Lender’s consent, pursuant to which
Borrower engages General Contractor to construct or rehabilitate all or any portion of the Improvements.
“Construction Disbursement Account” means the account held by the Lender into which the
proceeds of the Loan and other Funding Sources will be deposited from time to time for the funding of
Draw Requests, provided that Advances of the Loan will only be deposited once all of the applicable
conditions to the Advance of that portion of the Loan to be deposited have been satisfied.
“Construction Documents” means any Architect’s Agreement, Construction Contract, the Plans
and any other contract or agreement, public or private, regarding the construction and/or development of
the Project.
“Construction Equity Deposits” means the portion of Capital Contributions scheduled to be
available to pay for items in the Budget as shown on Exhibit E. Construction Equity Deposits shall not
include any Capital Contributions that are intended to repay the Loan.
“Construction Funds Schedule” means the anticipated amount, timing, and disbursement of
Funding Sources as set forth on Exhibit F.
“Contingency Reserve” means the line item established in the Budget to pay costs of the Project
that are in excess of specific line items in the Budget, whether as a result of price increases, changes in the
Plans or otherwise.
“Contingent Monetary Liabilities” means, with respect to either (i) Borrower, or (ii) the
Guarantor and its Subsidiaries, as the case may be, all of any such Person ’s liabilities and obligations for
moneys borrowed, for payments of moneys owed on claims which have been liquidated in amount, and
for payment of moneys which are contingent upon and will not mature unless and until the occurrence of
some event or circumstance, including but not limited to such Person’s liability under or with regard to
guaranties and indemnities, purchase agreements, letters of credit, and recourse indebtedness on projects
sold to other Persons.
“Control” means the possession, directly or indirectly, of the power to direct or cause the
direction of the management and policies of a Person whether through ownership of voting securities,
beneficial interests, by contract or otherwise. The definition is to be construed to apply equally to
variations of the word “Control” including “Controlled,” “Controlling” or “Controlled by.” A Person shall
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be deemed to Control another Person if the controlling Person owns 10% or more of any class of voting
securities (or other ownership interests) of the Controlled Person or possesses, directly or indirectly, the
power to direct or cause the direction of the management or policies of the Controlled Person, whether
through ownership of stock, by contract or otherwise.
“Conversion” has the meaning set forth in the Permanent Commitment.
“County” means Contra Costa County, California, the County in which the Project is located.
“Credit Agency” means the California Tax Credit Allocation Committee, the allocator of LIHTC
in the State of California.
“Credits” means the LIHTC.
“Deed of Trust” means the Construction Deed of Trust, Assignment of Leases and Rents,
Security Agreement and Fixture Filing of even date herewith, encumbering the Project, executed by
Borrower, for the benefit of Lender to secure the repayment of the Loan, including any amendments,
modifications and/or supplements thereto.
“Deed of Trust Assignment” means that certain Assignment of Deed of Trust and Related
Documents dated as of even date herewith, by Issuer, in favor of Lender.
“Default” means an event that, with giving of notice or passage of time or both, would constitute
an Event of Default.
“Default Rate” means the lesser of five percent (5%) per annum in excess of the Loan Rate or the
maximum lawful rate of interest which may be charged, if any (computed on the basis of a 360-day year,
actual days elapsed).
“Designated Representative” means the Person(s) authorized by Borrower to deliver certificates,
Draw Requests and other documents on behalf of Borrower to Lender in accordance with the Loan
Documents, pursuant to Section 16.28 of this Agreement.
“Developer” means Eden Housing, Inc., a California nonprofit public benefit corporation.
“Developer Fee” means the developer fee in the amount of $_________ payable to Developer
pursuant to the Development Services Agreement, provided that no more than the Permitted Developer
Fee Payment as set forth on Exhibit H shall be made during the term of the Loan.
“Developer Fee Subordination Agreement” means the Assignment of Development Services
Agreement and Developer Fee Subordination Agreement of even date herewith between Borrower,
Lender and Developer.
“Development Items” means engineering reports, land planning maps or plats, soils tests,
environmental reports, surveys, marketing materials and brochures, building permits, licenses, easements,
utility access or supply agreements, governmental or private agreements, indemnities, waivers, rights to
reimbursements, abatements or benefits of whatsoever nature regarding the Project, to the extent
assignable, and other documents prepared and existing for the development of the Project available on the
Closing Date, with subsequent submissions to Lender of reports and studies not required to be available
on the Closing Date, if requested by Lender.
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“Development Services Agreement” means that certain Development Services Agreement, dated
as of _____, 2016, between Borrower and Developer.
“Disbursement” means, as the case may be, disbursements by Lender in accordance with this
Agreement of (a) Advances, of proceeds of the Loan; (b) Construction Equity Deposits; (c) Proceeds of
the Subordinate Loans; and (d) other funds on deposit in the Construction Disbursement Account and
Bank-Controlled Account.
“Distribution” in respect of any Person means: (a) dividends or other distributions on or in
respect of any of the stock, partnership interest, membership interest, or other equity interests of such
Person; and (b) the redemption, repurchase or other acquisition of any capital stock or other equity
interests of such Person or of any warrants, rights or other options to purchase any such capital stock or
other equity interests.
“Draw Request” means the Borrower’s Letter of Draw Request in the form attached hereto as
Exhibit C-1, together with an updated Budget, including a summary spreadsheet, an Application and
Certificate for Payment (AIA Document G702 and G703), and a Draw Request Certification.
“Draw Request Certification” means a certification from Borrower to accompany all Draw
Requests under this Agreement, in the form of Exhibit C-2 attached hereto.
“Draw Request Spreadsheet” means a breakdown of the Project Costs expended as of the date of
the Draw Request.
[Eden Permanent Loan” means _______________________]
[“Engineering Contracts” means, collectively, the “Contracts” as defined in the Assignment of
Engineering Contracts.
“Engineer” means, collectively, __________.]
“Environmental Indemnity Agreement” means the Environmental and ADA Indemnification
Agreement of even date herewith executed by Borrower and Guarantor for the benefit of Lender.
“Environmental Laws” means all federal, state, regional, county and local statutes, regulations,
ordinances, rules, regulations and policies, all court and administrative orders and decrees and arbitration
awards, and the common law, which pertain to environmental matters or contamination of any type
whatsoever, including but not limited to those relating to the presence, manufacturing, processing, use,
distribution, treatment, storage, disposal, generation or transportation of Hazardous Substances; air, water
(including surface water, groundwater, and stormwater) or soil (including subsoil) contamination or
pollution; the presence or release of Hazardous Substances, protection of wildlife, endangered species,
wetlands or natural resources; health and safety of employees and other persons; and notification
requirements relating to the foregoing, including, without limitation, the following statutes, and
regulations adopted thereunder: the Comprehensive Environmental Response, Compensation and
Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §
9601 et seq. (“CERCLA”); the Solid Waste Disposal Act, as amended by the Resource Conservation
Recovery Act and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6901 et seq.
(“RCRA”), the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33
U.S.C. § 1251 et seq.; the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.; the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq. (“TSCA”); the Safe Drinking Water Act, 42 U.S.C. §§ 300 f
through 300j; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Oil Pollution Act
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of 1990, 33 U.S.C. § 2701 et seq.; the Emergency Planning and Community Right-to-Know Act, 42
U.S.C. § 11001 et seq.; the Occupational Safety and Health Act, 19 U.S.C. § 6251 et seq.; the Hazardous
Substance Account Act; California Health and Safety Code § 25300 et seq.; the Hazardous Waste Control
Law; California Health and Safety Code § 25100 et seq.; the Medical Waste Management Act; California
Health and Safety Code § 25015 et seq.; the Porter-Cologne Water Quality Control Act; and California
Water Code § 13000 et seq., as each of the foregoing may be amended from time to time. A release of
Hazardous Substance includes (a) any intentional, unintentional, knowing or unknowing presence,
spilling, leaking, pumping, pouring, emitting, emptying, discharging, migrating, injecting, escaping,
leaching, dumping, or disposing any Hazardous Substance at, on or into the indoor or outdoor
environment or otherwise in, onto, from or about the air, water (including surface waters and
groundwater), soils, subsoils or any other surface or media on-site or off-site, and (b) the abandonment or
discarding of barrels, drums, containers, underground tanks, or any other receptacles ever containing any
Hazardous Substances.
“Environmental Liability” means any claim, demand, obligation, cause of action, allegation,
order, violation, damage, injury, judgment, penalty or fine, cost of enforcement, cost of remedial action,
diminution in value or any other cost or expense whatsoever, including attorneys’ fees and disbursements,
resulting from the presence or use of Hazardous Substances, the violation or alleged violation of any
Environmental Law, or the imposition of any Environmental Lien.
“Environmental Lien” means a Security Interest in favor of any third party for: (a) any liability
under an Environmental Law; or (b) damages arising from or costs incurred by such third party in
response to a Release or threatened Release of any Hazardous Substance or constituent into the
environment.
[“Environmental Remediation” has the meaning set forth in Section 3.3(t).]
“Environmental Reports” means the following
reports: ________________________________________________.
“ERISA” means the Employee Retirement Income Security Act of 1974, as amended, and the
Department of Labor regulations promulgated thereunder.
“Event of Default” means an Event of Default as set forth or described in Section 15.1 of this
Agreement.
“Excess Costs” has the meaning set forth in Section 4.8(b)(1)
“Excluded Swap Obligation” means, with respect to Guarantor, any Swap Obligation if, and only
to the extent that, all or a portion of the guarantee of such Guarantor of, or the grant by such Guarantor of
a security interest to secure, such Swap Obligation (or any Guarantee thereof) is or becomes illegal under
the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading
Commission (or the application or official interpretation of any thereof), including by virtue of such
Guarantor’s failure for any reason to constitute an “eligible contract participant” as defined in the
Commodity Exchange Act and the regulations thereunder at the time the Guarantee of such Guarantor or
the grant of such security interest becomes effective with respect to such Swap Obligation. If a Swap
Obligation arises under a master agreement governing more than one swap, such exclusion shall apply
only to the portion of such Swap Obligation that is attributable to swaps for which such Guarantee or
security interest is or becomes illegal.
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“Fees” means the Loan Fee and any other fees now or hereafter due and payable by Borrower in
accordance with any or all of the Loan Documents.
“Fiscal Year” means Borrower’s fiscal year, ending on December 31st of each calendar year;
provided the same may not be changed without the prior written consent of the Lender.
“Force Majeure” means any act of God; acts of terrorism; strikes, shortage or unavailability of
labor or materials; lockouts or labor difficulty, explosion; sabotage; accident; riot or civil commotion; act
of war; fire or other casualty; legal requirements; and causes beyond the reasonable control of Borrower.
“Funding Sources” means the Loan, the Subordinate Loans, the Construction Equity Deposits,
and any amounts deposited by the Borrower to keep the Loan In Balance.
“GAAP” means generally accepted accounting principles consistently applied and maintained
throughout the period indicated and consistent with the audited financial statements delivered to Lender
pursuant to Article V. Whenever any accounting term is used herein and is not otherwise defined, it shall
be interpreted in accordance with GAAP.
“General Contractor” means RCA Builders, Inc., a California corporation.
“General Partner” means EB LLC, a California limited liability company, and any other person
or entity that owns a general partner interest in Borrower.
“General Partner Organizational Documents” means the following, including any amendments
and supplements: The articles of organization of General Partner and General Partner’s limited liability
company agreement.
“Governmental Agency” means any governmental or quasi-govemmental agency, board, bureau,
commission, department, court, administrative tribunal or other instrumentality or authority, and any
public utility authorized by federal, state or local laws or regulations as having jurisdiction over Borrower
or the Project or the development of the Project.
“Guarantor” means EDEN HOUSING, INC., a California nonprofit public benefit corporation.
“Guarantor Compliance Certificate” means the form to be provided periodically by the
Guarantor attached as Exhibit K.
“Guarantor Organizational Documents” means the following, including any amendments and
supplements: The articles of incorporation of Guarantor and Guarantor’s bylaws.
“Guaranty” means the Repayment and Completion Guaranty.
“Hard Cost Contingency” means the line item established in the Budget to pay hard construction
costs of the Project that are in excess of specific line items in the Budget, whether as a result of price
increases, changes in the Plans, or otherwise.
“Hazardous Substances” means any substance or material defined in or governed by any
Environmental Laws as a dangerous, toxic or hazardous pollutant, contaminant, chemical waste, material
or substance, and also including urea-formaldehyde, polychlorinated biphenyls, dioxin, radon, mold,
fungi, lead, lead based paint, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive
materials, explosives, carcinogens and petroleum products, including, but not limited to crude oil or any
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fraction thereof, methane gas, natural gas, natural gas liquids, gasoline and synthetic gas, or any other
waste, material, substance, pollutant or contaminant which would subject the owner or operator of the
Project to any damages, penalties or liabilities under any applicable Environmental Laws.
“HUD” means the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
“Impositions” means all of the following: (a) all general and special real property taxes and
assessments imposed on the Project; (b) all other taxes and assessments and charges of every kind that are
assessed upon the Project (or upon the owner and/or operator of the Project) and that create or may create
a lien upon the Project (or upon any Personal Property or fixtures used in connection with the Project),
including without limitation non-governmental levies and assessments pursuant to applicable covenants,
conditions or restrictions; and (c) all license fees, taxes and assessments imposed on Lender (other than
Lender’s income or franchise taxes) which are measured by or based upon (in whole or in part) the
amount of the obligations secured by the Project.
“Improvements” means the Units and all other improvements and fixtures now existing or to be
constructed on the Land in accordance with the Plans.
“In Balance” has the meaning set forth in Section 4.8(a).
“Indebtedness” means in all cases without duplication, all items of indebtedness or liability of
Borrower or Guarantor other than the Obligations, at any time which in accordance with GAAP would be
included in determining total liabilities as shown on the liability side of a consolidated balance sheet of
Borrower or each Guarantor as of the date of determination, including: (a) indebtedness for borrowed
money; (b) obligations under direct or indirect guaranties of indebtedness or obligations of others referred
to in clause (a) or (b) above; (c) any indebtedness secured by any Security Interest on the property of such
entity; (d) liabilities in respect of unfunded Vested benefits under any Plan for which the minimum
funding standards of Section 302 of ERISA have not been met; and (e) Contingent Monetary Liabilities.
“Initial Disbursement” has the meaning set forth in Section 3.2.
“Insurance Escrow Account” has the meaning set forth in Section 10.3.
“Insurance Premiums” means “Insurance Premiums” as defined in Section 10.3.
“Interest Reserve” means the line item in the Budget allocated to pay interest on the Loan
through Completion of the Improvements, the initial amount of which shall be $_______.
“Internal Revenue Code” means the Internal Revenue Code of 1986, as amended, together with
corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or
amended with respect thereto by the United States Treasury Department or Internal Revenue Service, to
the extent applicable to the Credits. All references herein to sections, paragraphs or other subdivisions of
the Internal Revenue Code or the regulations promulgated thereunder shall be deemed to be references to
correlative provisions of any predecessor or successor code or regulations promulgated thereunder.
“Investor” means, U.S. Bancorp Community Development Corporation, a Minnesota corporation,
and its permitted successors and assigns.
“Issuance Date” means the date on which the Bonds are issued.
“Issuer” has the meaning given to such term in the introductory paragraph.
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“Land” has the meaning given to such term in the Recitals.
“Laws” means all statutes, laws, ordinances, rules, regulations, orders, writs, judgments,
injunctions, decrees or awards of the United States or any state, county, municipality or other
Governmental Agency, including, without limitation, all building, zoning, planning, subdivision, fire,
traffic, safety, health, disability, labor, discrimination, environmental, air quality, wetlands, shoreline and
flood plain laws, ordinances, regulations and rules and (ii) all government and private covenants,
conditions and restrictions applicable to the Project.
“Lease” means any lease, sublease or sub-sublease, letting, license, concession or other
agreement (whether written or oral and whether now or hereafter in effect), pursuant to which any Person
is granted a possessory interest in, or right to use or occupy, all or any portion of any space in the Project,
and every modification, amendment or other agreement relating to such lease, sublease, sub-sublease or
other agreement entered into in connection with such lease, sublease, sub-sublease or other agreement and
every guarantee of the performance and observance of the covenants, conditions and agreements to be
performed and observed by the other party thereto.
“Lender” has the meaning given to such term in the introductory paragraph.
“Lender Parties” means Issuer, U.S. Bank, Project Inspector and any of their respective
Affiliates, agents, directors, officers and employees.
“LIBOR-Based Rate” means for any day, a rate of interest per annum equal to the sum of the
LIBOR Margin plus the greater of (a) zero percent (0.0%) and (b) the LIBOR Rate in effect on such day.
“LIBOR Breakage Costs” means any loss or expense which Lender sustains or incurs as a
consequence of (i) any prepayment (whether voluntary, involuntary or required pursuant to the terms
hereof) of the Loan on a day that is not a Reprice Date or (ii) the conversion (for any reason whatsoever,
whether voluntary or involuntary) of the interest rate from a LIBOR Based Rate to an alternate index
selected by Lender as more particularly set forth in Section 2.2(f) hereof with respect to the outstanding
principal balance of the Loan on a date other than a Reprice Date, all including, without limitation, such
loss or expenses arising from interest or fees payable by Lender to lenders of funds obtained by it in order
to maintain a LIBOR Based Rate Loan hereunder.
“LIBOR Margin” means 1.45%.
“LIBOR Rate” means for each calendar month during the term of this Agreement, the one-month
LIBOR Rate quoted by Lender from Reuters Screen LIBOR01 Page or any successor thereto designated
by Lender, which shall be that one-month LIBOR Rate in effect two (2) New York Banking Days prior to
the Reprice Date adjusted for any reserve requirement and any subsequent costs arising from a change in
government regulations, such rate rounded up to the nearest one-sixteenth percent and such rate to be
reset monthly on each Reprice Date. If the initial Advance occurs other than on the Reprice Date, then
the initial one-month LIBOR Rate shall be that one-month LIBOR rate quoted by Lender two (2) New
York Banking Days prior to the date of the initial Advance, which rate plus the percentage described
above shall be in effect until the next Reprice Date. Lender’s internal records of applicable interest rates
shall be determinative in the absence of manifest error.
“Lien(s)” means any mortgage, deed of trust, deed to secure debt, lien (statutory or otherwise, but
excluding liens for ad valorem taxes that are not delinquent), pledge, hypothecation, easement, restrictive
covenant, preference, assignment, Security Interest, or any other encumbrance, charge or transfer of, or
any agreement to enter into or create any of the foregoing, on or affecting all or any portion of the Project
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or any interest therein, or any direct or indirect interest in Borrower, including any conditional sale or
other title retention agreement, any financing lease having substantially the same economic effect as any
of the foregoing, the filing of any financing statement, and mechanic’s, materialman’s, construction and
other similar Liens and encumbrances.
“LIHTC” refers to federal low income housing tax credits under Section 42 of the Internal
Revenue Code.
“LIHTC Documents” means the tax credit reservation letter from the Credit Agency, the
application to the Credit Agency to obtain the LIHTC, the Tax Credit LURA, any other documents
required for the Credit Agency to allocate at least $__________ of LIHTC to Borrower, and any other
documents related to the allocation of LIHTC to Borrower that are reasonably requested by Lender.
“Limited Partners” means the Investor and all other limited partners of Borrower (if any).
“Limited Recourse Obligation” means an obligation that is a non-recourse obligation of
Borrower, subject only to the Non-Recourse Exceptions.
“Liquidity” means, as of any date of calculation, with respect to any Guarantor, such Guarantor’s
unrestricted cash and Cash Equivalents as of such date (including unrestricted cash and Cash Equivalents
of Guarantor Subsidiaries, but only to the extent the unrestricted cash and Cash Equivalents of such
Guarantor Subsidiaries are included on a balance sheet for such Guarantor which is prepared in
accordance with GAAP (or another accounting basis reasonably acceptable to Lender), plus the aggregate
availability as of the date of calculation under any committed financing made available to the Guarantor.
“Loan” means the loan made by Lender to Borrower in the aggregate principal amount of up to
$29,476,000.00.
“Loan Documents” means the documents listed on Exhibit G.
“Loan Fee” means the fee payable to Lender with respect to the Loan on or before the Closing
Date in the amount of $191,594.
“Loan Rate” means, prior to Conversion and subject to Section 2.2(d), the LIBOR Based Rate.
“Material Adverse Occurrence” means any occurrence of whatsoever nature (including, without
limitation, any adverse determination in any litigation, arbitration or governmental investigation or
proceeding) which Lender shall determine could materially adversely affect the then present or
prospective financial condition or operations of Borrower, General Partner or any Guarantor, the
availability of the Credits, the value of the Improvements or the Project, or any other material Collateral
securing repayment of the Loan, or impair the ability of Borrower, General Partner or any Guarantor to
perform its obligations as and when required under any of the Loan Documents, as determined by Lender
in its sole discretion.
“Material Change Order” has the meaning set forth in Section 6.4.
“Maturity Date” means __________, [as extended in accordance with Section 2.7 below].
“Money Market Rate At Prepayment” means that zero-coupon rate, calculated on the
Prepayment Date, and determined solely by the Lender, as the rate at which the Lender would be able to
borrow funds in Money Markets for the prepayment amount matching the maturity of a specific
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prospective Note payment or repricing date, adjusted for any reserve requirement and any subsequent
costs arising from a change in government regulation. A separate Money Market Rate at Prepayment will
be calculated for each prospective interest and/or principal payment date.
“Money Markets” means one or more wholesale funding markets available to and selected by the
Lender, including negotiable certificates of deposit, commercial paper, Eurodollar deposits, bank notes,
federal funds, interest rate swaps or others.
“Net Operating Income” means, for any period, (a) the actual gross revenues received by
Borrower from the Project during such period (including any rental assistance payments) but excluding:
(i) insurance proceeds (other than rental loss insurance proceeds), (ii) condemnation proceeds,
(iii) amounts paid from Reserves for capital expenditures, (iv) proceeds of the Loan or any other loan,
(v) proceeds of any Subordinate Loans, (vi) Capital Contributions, (vii) security and cleaning deposits
made by any tenant (except to the extent such deposits are applied against rent or other amounts then
payable by the tenant under the applicable lease), and (viii) similar items and items of a nonrecurring
nature, (b) as reduced by Project Expenses for such period.
“Net Worth” means, for any Person, as of any measurement date, the total assets of such Person
as of such date minus the total liabilities of such Person as of such date, as such amounts are determined
in accordance with GAAP.
“New York Banking Day” means any date (other than a Saturday or Sunday) on which
commercial banks are open for business in New York, New York.
“Note” has the meaning set forth in Recital F.
“Obligations” means collectively: (i) Borrower’s obligations for the payment of the Loan,
interest and other charges, and all Fees; (ii) the performance of all other obligations of Borrower
contained herein; (iii) the payment and performance of each and every obligation of Borrower and
Guarantor contained in any other Loan Document; and (iv) the performance of each and every obligation
of Borrower and Guarantor contained in any renewal, extension, amendment, modification, consolidation,
change of, or substitution or replacement for, all or any part hereof, the Note or any other Loan
Document, excluding all Excluded Swap Obligations.
“OFAC” means the U.S. Treasury Department, Office of Foreign Assets Control.
“OFAC List” means the “Specially Designated Nationals and Blocked Persons List” that is
maintained by OFAC and any other similar list maintained by OFAC, the Department of Treasury or
included in any Executive Order of the President of the United States. The OFAC List is accessible
through the internet website www.treas.gov/ofac/t11sdn.pdf.
“Official Records” means the Official Records of Contra Costa County, California.
“Operating Account” means the account or accounts maintained by Borrower into which the
Project’s gross revenues are deposited.
“Operating Budget” means a detailed listing of all anticipated annual income and expenses from
and for managing, maintaining and operating the Project (or any portion thereof) for its first full or partial
Fiscal Year of operation and for each succeeding Fiscal Year of operation, prepared by Borrower and in
form and substance acceptable to Lender.
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“Operating Statement” means a current, detailed statement of income and expenses from and for
managing, maintaining and operating the Project (or any portion thereof), in form and substance
acceptable to Lender, certified as true, correct and complete by the chief financial officer of the General
Partner of Borrower, and expressly showing all variations from the Operating Budget for the period
covered thereof.
“Partners” means the General Partner and the Limited Partners.
“Partnership Agreement” means the Amended and Restated Agreement of Limited Partnership
of Borrower dated as of ______, 2016, by and among the General Partner, the Limited Partners and
Baywood Apartments, Inc. (as withdrawing limited partner).
“Permanent Commitment” means that certain Bond Purchase Agreement dated ___________
2016 among Permanent Lender, Lender and Borrower with respect to the Permanent Loan.
“Permanent Lender” means California Community Reinvestment Corporation.
“Permanent Loan” means that certain permanent loan made by Permanent Lender to Borrower in
the principal amount of $_________ represented by the purchase of Bonds in such amount from Lender
pursuant to the Permanent Commitment.
“Permitted Developer Fee Payment” means the portion of the Developer Fee which is scheduled
to be paid to the Developer in accordance with the schedule set forth on Exhibit H.
“Permitted Encumbrances” means the Liens, charges and encumbrances on title to the Land
listed on Schedule B, II to the Title Policy on the Closing Date, approved by Lender and such other
matters affecting title thereafter approved by Lender in writing.
“Permitted Liens” means, collectively, all liens on the Personal Property approved by Lender in
writing.
“Permitted Transfer” has the meaning assigned to such term in Section 6.20(c).
“Person” means any entity, whether an individual, trustee, corporation, partnership, limited
liability company, trust, unincorporated organization, governmental or quasi-governmental agency, board,
bureau, commission, department, court, administrative tribunal or other instrumentality or authority, and
public utility.
“Personal Property” means all of Borrower’s right, title and interest, whether now existing or
hereafter acquired, in and to all furniture, furnishings, fixtures, machinery, equipment, inventory and
other personal property of every kind, tangible and intangible, now or hereafter (i) located on or about the
Project, (ii) used or to be used in connection with the Project, or (iii) relating or arising with respect to the
Project.
“PIS” means the date the Project is placed in service within the meaning of Section 42 of the
Code.
“Plan” means each employee benefit plan covered by Title IV of ERISA whether now in
existence or hereafter instituted, of Borrower or any ERISA Affiliate.
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“Plans” means the plans and specifications for the development, construction and/or
rehabilitation of the Improvements, all recreational features, all parking spaces, and all common
improvements to be completed on the Land, as approved by Lender, in its reasonable discretion, together
with any amendments or modifications thereof consented to by Lender, in its reasonable discretion.
“Pro Forma Rents” means annual minimum or base rental rates provided to Lender as adjusted
upward from time to time to reflect rents for comparable properties, but not to exceed the rents permitted
under Section 42 of the Internal Revenue Code.
“Prohibited Person” means any Person identified on the OFAC List or with whom a US citizen
or entity organized under the laws of a state in the United States may not engage in transactions or have
dealings with by any Requirements of Law, including, without limitation, embargo, sanctions or other
prohibitions of United States law, regulation or Executive Order of the President of the United States.
“Project” means the rehabilitation of the Improvements as shown on the Plans, together with the
Improvements and the Land.
“Project Agreements” means, collectively, all agreements entered into by Borrower in connection
with the Project, including but not limited to the Construction Documents and the Development
Agreement.
“Project Costs” means all costs of any nature incurred (or to be incurred) in connection with the
Project reflected on the Budget, as the same may be amended or modified from time to time in
accordance with this Agreement
“Project Expenses” means, for any period, all costs and expenses incurred by Borrower during
the applicable period in connection with Borrower’s ownership, management, regular maintenance,
operation and leasing of the Project during such period, all as determined by Lender in its sole discretion.
For purposes of determining Net Operating Income, Lender shall include as Project Expenses for any
monthly period (or portion thereof), in such monthly period, 1/12th of the annual Impositions, 1/12th of
the annual insurance premiums for all insurance carried and/or required to be carried by Borrower with
respect to the Project, 1/12th of the annual amounts then payable in respect of required deposits to
Reserves and such portion of such other non-monthly expenses as the Lender may deem appropriate in its
discretion.
“Project Financing Statements” means the UCC-1 financing statement(s) required pursuant to
this Agreement.
“Project Inspector” means any third-party engineering or consulting firm hired by Lender to
advise and assist Lender in connection with the Project.
“Property Management Agreement” means that certain Management Agreement dated as of
October 1, 2015, between Borrower and the Property Manager,, pursuant to which Borrower has engaged
such Property Manager to manage the Project.
“Property Manager” means Eden Housing Management, Inc., a California nonprofit public
benefit corporation, the initial property manager of the Project and any successor approved by the Lender.
“Protective Advance” means all necessary costs and expenses (including attorneys’ fees and
disbursements) incurred by Lender (a) in order to remedy an Event of Default under the Loan Documents,
which Event of Default, by its nature, may impair any portion of the Collateral for the Loan or the value
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of the Collateral, interfere with the enforceability or enforcement of the Loan Documents, or otherwise
materially impair the payment of the Loan or the performance of other Obligations (including, without
limitation, the costs of unpaid insurance premiums, foreclosure costs, costs of collection, costs incurred in
bankruptcy proceedings and other costs incurred in enforcing any of the Loan Documents); or (b) in
respect of the operation of the Project following a foreclosure under the Deed of Trust.
“Recordable Documents” means, collectively, the Regulatory Agreement, the Deed of Trust, the
Deed of Trust Assignment and the Subordination Agreements.
“Regulations” means collectively all Treasury Regulations (including temporary regulations) in
effect from time to time adopted pursuant to the Internal Revenue Code.
“Regulatory Agreement” means the Regulatory Agreement and Declaration of Restrictive
Covenants dated as of _________, 2016, by and between Borrower and the Issuer, and recorded in the
Official Records concurrently with the Deed of Trust.
“Reprice Date” means the first day of each calendar month.
“Required Accounts” has the meaning set forth in Article 10.
“Required Appraisal Standard” means an appraisal that is: (A) addressed to Lender,
(B) prepared by an MAI licensed appraiser, acceptable to Lender, (C) prepared in conformance with the
regulations promulgated by the appropriate federal regulatory agency pursuant to Section 1110 of the
Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. § 3339), as amended,
and the regulations thereunder, and (D) approved by Lender’s internal appraisal group.
“Requirements of Law” means the requirements of: (a) the organizational documents of a
Person, and (b) any law, rule, regulation, ordinance, code, decree, treaty, ruling or determination of an
arbitrator, court or other Governmental Agency, or any Executive Order issued by the President of the
United States, in each case applicable to or binding upon such Person or to which such Person, any of its
properties or the conduct of its business is subject including, without limitation, laws, ordinances and
regulations pertaining to the zoning, occupancy and subdivision of real property.
“Reserves” means the Interest Reserve, Contingency Reserve, and any other reserves required by
Lender under this Agreement.
“Residential Lease” means any lease for a Unit.
“Restoration Conditions” has the meaning set forth in Section 9.1(d) of this Agreement.
“Right of First Refusal Subordination Agreement” means that certain subordination agreement
to be entered into among Borrower, General Partner and Investor Limited Partner in connection with the
right of first refusal in favor of General Partner as set forth in the Partnership Agreement.
“Sanctioned Country” means, at any time, any county or territory which is itself the subject or
target of any comprehensive Sanctions.
“Sanctioned Person” means, at any time, (a) any Person or group listed in any Sanctions-related
list of designated Persons maintained by OFAC or the U.S. Department of State, the United Nations
Security Council, the European Union or any EU member state, (b) any Person or group operating,
organized or resident in a Sanctioned Country, (c) any agency, political subdivision or instrumentality of
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the government of a Sanctioned Country, or (d) any Person 50% or more owned, directly or indirectly, by
any of the above.
“Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or
enforced from time to time by (a) the U.S. government, including those administered by OFAC or the
U.S. Department of State or (b) the United Nations Security Council, the European Union or Her
Majesty’s Treasury of the United Kingdom
“Secretary of State” means the Secretary of State of the State of California.
“Security Deposit Account’ has the meaning set forth in Section 10.1.
“Security Deposits” has the meaning given to such term in Section 10.1.
“Security Documents” means, collectively, the documents identified as Security Documents on
Exhibit G and any other mortgage, deed of trust, security agreement or assignment now, heretofore or
hereafter executed to secure the Obligations of Borrower or Guarantor to the Lender under any Loan
Document.
“Security Interest” means lien, pledge, mortgage, deed of trust, encumbrance, charge or security
interest of any kind whatsoever (including, without limitation, the lien or retained security title of a
conditional vendor) whether arising under a security instrument or as a matter of law, judicial process or
otherwise or the agreement by Borrower, General Partner, Guarantor or any of its or their Subsidiaries to
grant any lien or security interest or to pledge, mortgage or encumber any asset.
“Seller Loan” means that certain Subordinate loan from the seller of the Project in the amount
set forth on Exhibit F.
“Shortfall Funds” has the meaning set forth in Section 9.1(d).
“Soft Cost Contingency” means the line item established in the Budget to pay soft construction
costs of the Project that are in excess of specific line items in the Budget, whether as a result of price
increases, changes in the Plans or otherwise.
“Stored Materials” means any and all materials, equipment, fixtures or articles of Personal
Property purchased by Borrower to be placed or affixed in, on or to the Land or Improvements in
connection with the construction work with respect to the Project which have not yet been incorporated in
the Project.
“Subordinate Deeds of Trust” means the deeds granted by Borrower to secure the obligation of
Borrower to repay the Subordinate Loans.
“Subordinate Lenders” means the entities making the Subordinate Loans.
“Subordinate Loans” shall mean the loans from the Subordinate Lenders as listed on the
Construction Funds Schedule.
“Subordinate Loan Documents” means the Subordinate Note(s), the Subordinate Deed(s) and all
other documents executed in connection with the Subordinate Loans, executed copies of which have been
delivered to Lender on or before the Closing Date.
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“Subordinate Note(s)” means the promissory note(s) issued by Borrower to the Subordinate
Lender(s) as evidence of Borrower’s obligation to repay the Subordinate Loans.
“Subordination Agreement” means each subordination agreement to be entered into among
Borrower, Lender and each Subordinate Lender in connection with each of the Subordinate Loans.
“Subsidiary” means any corporation or other entity of which more than 50% of the outstanding
capital stock or interests having ordinary voting power to elect a majority of the board of directors or the
board of governors or otherwise to Control the activities of such entity (irrespective of whether or not at
the time other class or classes of the equity of such entity shall or might have voting power upon the
occurrence of any contingency) is at the time directly or indirectly owned by Borrower, or by any
Guarantor and any one or more of their respective Subsidiaries, or by one or more other Subsidiaries.
“Swap Counterparty” means, with respect to any swap with a Lender, any person or entity that is
or becomes a party to such swap.
“Swap Obligation” means, with respect to Guarantor, any obligation to pay or perform under any
agreement, contract or transaction that constitutes a “swap” within the meaning of section la(47) of the
Commodity Exchange Act between any Lender and one or more Swap Counterparties.
“Sworn Construction Cost Statement” means an itemized, certified statement of actual and
estimated costs of the Project, in the form of Exhibit D attached hereto and hereby made a part hereof,
signed and sworn to by Borrower, General Contractor and the Architect, as the same may be amended or
supplemented with the approval of Lender from time to time, and consistent with the items enumerated in
the Budget.
“Tax Certificate” means that certain certificate as to arbitrage dated the date of the issuance of
the Bonds, executed by Issuer and Borrower, relating to the Bonds.
“Tax Credit LURA” means the Low-Income Housing Tax Credit Land Use Restriction
Agreement to be executed by Borrower and the Credit Agency.
“Tax Escrow Account” means the account held by Lender into which Borrower will deposit
funds pursuant to Section 10.2.
“Taxes” means any and all present or future taxes, duties, levies, imposts, deductions, charges or
withholdings, and any and all liabilities with respect to the foregoing, but excluding Excluded Taxes and
Other Taxes.
“Title Company” means First American Title Insurance Company.
“Title Policy” means an ALTA extended coverage mortgagee’s title insurance policy (ALTA
Loan Policy 2006 Loan Policy of Title Insurance with Form 1 Coverage or other form satisfactory to
Lender), with such endorsements as Lender may require, issued by the Title Company in the amount of
the Total Loan Amount insuring the lien of the Deed of Trust to be a first and prior lien upon the Project
as security for all Advances of the Loan pursuant to the terms of this Agreement, subject only to the
Permitted Encumbrances and insuring against any lien claims that could arise out of the construction of
the Improvements.
“Total Loan Amount” means $29,476,000.00, being the maximum aggregate amount of the Loan
that the Lender is (subject to the conditions set forth herein) obligated to make.
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“UCC” means the California Uniform Commercial Code or, as applicable, the
Uniform Commercial Code enacted in the applicable jurisdiction.
“Units” means, collectively, the 144 residential living units included within the Project, and
“Unit” means any one of them.
“USA Patriot Act” means the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, as the same has
been, or shall hereafter be, renewed, extended, amended or replaced.
1.2 Singular and Plural Terms. Any defined term used in the plural in any Loan Document
shall refer to all members of the relevant class and any defined term used in the singular shall
refer to any number of the members of the relevant class.
1.3 Accounting Principles. Any accounting term used and not specifically defined in any
Loan Document shall be construed in conformity with, and all financial data required to be
submitted under any Loan Document shall be prepared in conformity with, generally accepted
accounting principles applied on a consistent basis or in accordance with such other principles or
methods as are reasonably acceptable to Lender.
1.4 References and Other Terms. Any reference to any Loan Document or other document
shall include such document both as originally executed and as it may from time to time be
modified. References herein to Articles, Sections and Exhibits shall be construed as references to
this Agreement unless a different document is named. References to subparagraphs shall be
construed as references to the same Section in which the reference appears. The term
“document” is used in its broadest sense and encompasses agreements, certificates, opinions,
consents, instruments and other written material of every kind. The terms “including” and
“include” mean “including (include) without limitation”.
1.5 Exhibits Incorporated. All exhibits to this Agreement, as now existing and as the same
may from time to time be modified, are incorporated herein by this reference.
1.6 Inconsistency. In the event of any inconsistency between the provisions of this
Agreement and the provisions of any of the other Loan Documents, the provisions of this
Agreement govern.
2. The Loan; Payments; Fees.
2.1 Principal. Subject to the terms and conditions hereof, Lender agrees to lend to Borrower
and Borrower agrees to borrow from Lender in accordance with the terms of this Agreement, the
proceeds of the Loan, from time to time in accordance with the terms hereof, for the purpose of
acquiring and rehabilitating the Project; provided, however, that Lender shall not be obligated to
make any Advance if, after giving effect to such Advance, the Advances made by Lender would
exceed the Total Loan Amount.
2.2 Interest.
(a) Borrower shall pay to Lender interest on the Note computed at the Loan Rate.
(b) If the interest and/or charges in the nature of interest, if any, provided for by this
Agreement or by any other Loan Document shall contravene any legal or
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statutory limitation applicable to the Loan, Borrower shall pay only such amounts
as would legally be permitted; provided, however, that if the defense of usury
and all similar defenses are unavailable to Borrower, Borrower shall pay all
amounts provided for herein. If, for any reason, amounts in excess of the
amounts permitted by applicable usury laws shall have been paid, received,
collected or applied hereunder, whether by reason of acceleration or otherwise,
then, any excess amounts shall be applied to the principal of the Loan, without
prepayment penalty, unless all such principal has been fully paid, in which event
the excess amount shall be refunded to Borrower.
(c) Interest on the Note at the Loan Rate shall accrue at the applicable rate for the
Note on each and every Advance from and after the date it is made by Lender to
Borrower. Interest accrued on the Note, computed at the Loan Rate, shall be
payable on the first day of each calendar month, commencing on the first day of
the next calendar month following the date the initial Advance is made. Interest
computed at the Loan Rate shall be computed on the basis of a 360 day year, but
shall be charged for the actual number of days principal is unpaid.
(d) If (i) all unpaid Advances made by Lender under the Note have not been repaid
on or before the applicable Maturity Date, or (ii) an Event of Default occurs
pursuant to this Agreement or any other Loan Document or (iii) all amounts due
under the Loan Documents otherwise become due and payable in accordance
with the terms and conditions of the applicable Loan Documents, then the entire
unpaid balance of all Advances made by Lender and all other Obligations shall
(without notice to or demand upon Borrower), at the sole option of Lender,
become immediately due and payable in full, together with all unpaid, accrued
interest thereon. From and after that date following the due date until all
Advances are paid in full, interest at the Default Rate shall be payable on the first
day of each calendar month or at Lender’s option, on demand.
(e) If Borrower fails to make any required payment of principal and/or interest on
either Note (other than the balloon payment at the Maturity Date) on or before
the tenth (10th) day following the due date thereof, Borrower shall pay to Lender,
in addition to interest at the Default Rate, a late payment charge equal to five
percent (5%) of the amount of the overdue payment, for the purpose of
reimbursing Lender for a portion of the expense incident to handling the overdue
payment. This late charge shall apply individually to all payments past due and
there will be no daily prorated adjustment. This provision shall not be deemed to
excuse a late payment or be deemed a waiver of any other rights Lender may
have including the right to declare all amounts owing under the Note (including
principal and interest) to be immediately due and payable in full. Borrower
agrees that this “late payment charge” is a provision for liquidated damages and
represents a fair and reasonable estimate of the damages Lender will incur by
reason of the late payment considering all circumstances known to Borrower,
Issuer and Lender on the date hereof. Borrower further agrees that proof of
actual damages will be difficult or impossible.
(f) In the event that for any reason on the date for determining the LIBOR Rate
Lender shall determine (which determination shall be conclusive in the absence
of manifest error) that, by reason of circumstances affecting the Money Markets,
adequate and fair means do not exist for ascertaining the LIBOR Rate or the
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LIBOR Rate does not adequately and fairly reflect the cost of making or
maintaining LIBOR Based Rate Loans, Lender shall promptly give to Borrower
telephonic notice (confirmed as soon as practicable in writing) of the nature and
effect of such circumstances. After receipt of such notice and during the
existence of such circumstances, the interest rate applicable to the outstanding
principal balance shall be determined based upon an alternate index selected by
Lender, in its sole discretion, reasonably comparable to that of LIBOR, intended
to generate a return substantially the same as that generated by the LIBOR Rate.
2.3 Payments. All payments and prepayments of principal of, and interest on, the Note and
all Fees, expenses and other Obligations under the Loan Documents payable to Lender shall be
made, without deduction, set off, or counterclaim, in immediately available funds not later
than 2:00 p.m. Pacific time on the dates due, to Lender at the office specified by it from time to
time, for the benefit of Lender, except as otherwise specifically provided in this Agreement.
Funds received on any day after 2:00 p.m. Pacific time shall be deemed to have been received on
the next Business Day. Whenever any payment to be made hereunder, under the Note or under
any other Loan Document shall be stated to be due on a day which is not a Business Day, the
payment shall be made on the next succeeding Business Day and the extension of time shall be
included in the computation of any interest and fees. Borrower authorizes Lender, in Lender’s
discretion (but without any obligation to do so), to charge any of Borrower’s accounts maintained
at Lender, including the Bank-Controlled Account, for the amount of any payment or prepayment
on the Note or other amounts owing pursuant to any of the other Loan Documents. Borrower
hereby authorizes Lender, at the discretion of Lender (but without any obligation to do so), to
make an Advance in order to pay, on behalf of Borrower, any amount due under the Note or
pursuant to any of the other Loan Documents without further action on the part of Borrower and
regardless of whether Borrower is able to comply with the terms, conditions and covenants of this
Agreement at the time of such Advance.
(i) So long as no Event of Default has occurred and is continuing, all payments
received by Lender (including the proceeds of Advances for such payments) for application to the
Obligations shall be applied first to pay any past due amounts in the order below, and only after
all past due amounts have been paid in full, the payments then shall be applied in the order below
for current amounts due:
First, to make the payment required under Section 10.2, if any, to fund the Tax Escrow
Account, if not already funded from other sources.
Second, to make the payment required under Section 10.3, if any, to fund the Insurance
Escrow Account;
Third, to any unpaid interest on the Note then due under the Loan Documents (but
excluding any late payment charges owed to the Lender);
Fourth, to the unpaid principal balance of the Note;
Fifth, to any costs and expenses due under the Loan Documents, and any Fees due to
Lender including any LIBOR Breakage Costs;
Sixth, to make any required payment currently required to fund the Reserves, if not
funded from other sources; and
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Seventh, to any other Obligations then due.
(ii) After an Event of Default has occurred and is continuing, all amounts received by
Lender shall be applied in the order determined by Lender in its absolute discretion.
All amounts received by Lender (whether as the result of payment transmitted by
Borrower or otherwise) on account of payment of interest on or principal of the Note, or other
payments due under this Agreement or any other Loan Documents, as the case may be, shall be
applied by Lender pursuant to this Section 2.3. Lender shall not be obligated hereunder or under
any of the other Loan Documents to re-advance to Borrower any sums prepaid by Borrower,
whether prepaid voluntarily or involuntarily.
2.4 Prepayments. Prior to the Conversion Date and subject to Section A.4 of the Note,
(a) Borrower shall be entitled to prepay the Note at any time upon twenty days prior
written notice to the Lender, provided that any prepayment must be at least
$100,000.
(b) Any prepayment of principal shall be accompanied by a payment of interest
accrued to date thereon; and the prepayment shall be applied to the principal
installments in the inverse order of their maturities. All prepayments shall be in
an amount of at least $100,000 or, if less, the remaining entire principal balance
of the Note being prepaid.
2.5 Capital Adequacy / Yield Protection. If there shall occur any adoption or implementation
of, or change to, any Requirements of Law, or interpretation or administration thereof, which
shall have the effect of imposing on Lender (or Lender’s holding company) any increase or
expansion of or any new: tax (excluding taxes on its overall income and franchise taxes), charge,
fee, assessment or deduction of any kind whatsoever, or reserve, capital adequacy, special
deposits or similar requirements against credit extended by, assets of, or deposits with or for the
account of Lender or other-conditions affecting the extensions of credit under this Agreement;
then Borrower shall pay to Lender such additional amount as Lender deems necessary to
compensate Lender for any increased cost to Lender attributable to the extension(s) of credit
under this Agreement and/or for any reduction in the rate of return on Lender’s capital and/or
Lender’s revenue attributable to such extension(s) of credit. As used above, the term
“Requirements of Law” shall expressly include any federal, state or international law,
governmental or quasi-governmental rule, regulation, policy, guideline or directive (including but
not limited to the Dodd-Frank Wall Street Reform and Consumer Protection Act and enactments,
issuances or similar pronouncements by the Lender for International Settlements, the Basel
Committee on Banking Regulations and Supervisory Practices or any similar authority and any
successor thereto) that applies to Lender. Lender’s determination of the additional amount under
this paragraph shall be binding in the absence of manifest error, and such amount(s) shall be
payable within 15 days of demand and, if recurring, as otherwise billed by Lender.
2.6 Loan Fee. On the Closing Date, Borrower shall pay to Lender the Loan Fee, which fee is
fully earned when paid and shall be non-refundable.
2.7 [Option to Extend Note Maturity Date. Upon written request of the Borrower given to
Lender not less than 30 days and not more than 60 days before the then applicable Maturity Date
of the Note, the Lender will extend the Maturity Date of the Note to _____, 201_ (“Extended
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Maturity Date”), provided that as of the date the Borrower requests the extension of the Maturity
Date:
(a) No Event of Default and no other event or condition which, upon the giving of
notice or the passage of time, or both, would become an Event of Default, shall
have occurred and be continuing, as of the date of the request for extension or as
of the extension of the Maturity Date;
(b) All Capital Contributions required to be made under the Borrower’s Partnership
Agreement have been made;
(c) The Loan is In Balance, as determined by the Lender;
(d) Completion has occurred;
(e) At least 90% of the Units in the Project are occupied pursuant to Acceptable
Leases;
(f) All amounts due to Lender shall have been paid by Borrower to Lender;
(g) All representations and warranties made by the Borrower in this Agreement and
the other Loan Documents shall be materially true and correct as if made on and
as of the date of the extension of the Maturity Date;
(h) There shall have been no Material Adverse Occurrence, as determined by
Lender, in Lender’s sole discretion;
(i) Borrower and Guarantor shall have executed and delivered to Lender an
amendment to the Note or this Loan Agreement and such other documents as
Lender may reasonably require in connection with such extension, all of which
shall be in form and substance acceptable to Lender;
(j) Borrower, at its sole cost and expense, shall have delivered to Lender an
endorsement to (or reissuance of) the existing Title Policy, bringing current the
effective date of the coverage, stating that the coverage afforded by the
Title Policy shall not be affected because of the extension and insuring that there
have been no additional liens or other additional exceptions to title against the
Project from and after the date hereof, unless consented to in writing by Lender;
(k) Borrower shall have executed, acknowledged and delivered to Lender such
amendments to the Loan Documents and the Bond Documents as Lender may
reasonably require to reflect the extension of the Maturity Date; and
(l) Borrower shall have delivered to Lender all other documents, instruments,
agreements, certificates, opinions of counsel, and title policy endorsements
reasonably required by Lender in connection with such extension.]
2.8 Loan Mandatory Payment. Upon payment by Investor of the Second Capital
Contribution as defined on Exhibit E, all proceeds of a portion of the Second Capital
Contribution shall be applied to the balance due on the Loan as required to pay the Loan down to
the amount of the Permanent Loan.
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3. Conditions to Closing and Disbursements.
3.1 Conditions to Closing. On or prior to the Closing Date, Borrower shall provide to Lender
each of the following, in form and substance acceptable to U.S. Bank:
(a) Two (2) sets of the Plans or electronic versions acceptable to Lender, including
all mechanical, electrical, structural and other specialized drawings that are
signed by licensed engineers of the respective disciplines normally responsible
for such drawings, in addition to the Architect, together with evidence of all
necessary or appropriate approvals of any Governmental Agency required in
connection with the Project.
(b) A copy of the Sworn Construction Cost Statement for the Project, including the
names of each subcontractor and material supplier. If requested by Lender,
Borrower shall also furnish to Lender a copy of each contract with each of the
subcontractors and material suppliers.
(c) A written report in form and substance acceptable to Lender from Project
Inspector with respect to its review of the Plans and Sworn Construction Cost
Statement.
(d) A signed copy of the Assignment of Construction and Development Documents.
(e) A copy of the complete fully executed Architect’s Agreement.
(f) A copy of the fully executed Construction Contract, including all exhibits, which
is consistent with the cost allocations established under the Budget and otherwise
in form and substance satisfactory to Lender.
(g) A schedule listing all executed subcontracts relating to the Project having a
contract sum in excess of $100,000, and any other engineering, architectural, and
construction contracts, subcontracts and schedules relating to the Project as
Lender may require.
(h) Two (2) copies or electronic versions acceptable to Lender of a current, certified
ALTA/ACSM Survey of the Land, which shall be prepared in accordance with
Lender’s standard requirements therefore (a copy of the requirements having
previously been delivered to Borrower).
(i) The following Project related documents: (i) a flood zone certification from a
consultant acceptable to Lender indicating that the Project is not located in a
flood plain or any other flood-prone area as designated by any governmental
agency; provided, however, that if the Project is so located, Borrower shall
provide proof of flood insurance acceptable to Lender; (ii) copies of all permits,
licenses, approvals and other authorizations of any Governmental Agency
required in connection with the Project, including grading and excavation permits
and evidence that the Land is in compliance with all platting and subdivision
laws, (iii) all applicable wetlands and stormwater management permits and
regulations applicable to the Project have been obtained (or waived in writing)
and complied with so that the Project, including without limitation its design,
engineering and construction, will not be adversely affected by the application
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and enforcement of the permits and/or regulations; and (iv) a soils report for the
Land.
(j) The Environmental Reports addressed to Lender or, in the event the
Environmental Reports are not addressed to the Lender, the Environmental
Reports together with a reliance letter addressed to Lender in compliance with
Lender’s requirements. The Environmental Reports shall include a Phase I
environmental site assessment prepared by a licensed and registered
environmental engineer or other qualified party satisfactory to Lender, stating
that no Hazardous Substances are present in, on, under or around the Project, and
that no condition or circumstance warranting further investigation now exists,
except as approved in writing by Lender. Borrower shall also provide copies of
all environmental documents prepared, adopted, certified or filed by or with any
Governmental Agency in connection with the Project, including, without
limitation, any initial study or environmental impact report, prepared, adopted,
certified or filed by or with any Governmental Agency. If there is an
underground storage tank on the Project, evidence of compliance with all Laws
related to underground storage tanks and, if required by Lender, evidence that the
storage tanks have been removed in accordance with applicable Laws and any
Environmental Remediation, if any, completed.
(k) Evidence of insurance, together with “paid” receipts, if required by Lender,
indicating that all insurance currently required under the terms of Exhibit L,
attached hereto, is in place.
(l) Borrower’s estimated schedule for construction of the Improvements in
accordance with the Plans, and an estimated draw schedule for disbursement of
the proceeds of the Loan.
(m) Evidence of zoning and other land use compliance, including a letter from an
appropriate officer of the City regarding zoning and building code compliance,
prepared in accordance with Lender’s standard requirements.
(n) A certificate addressed to Lender from the Architect certifying that the Plans
comply with Accessibility Laws and other Requirements of Law and that the
Improvements, when completed, will comply with Accessibility Laws and other
Requirements of Law, in form acceptable to Lender.
(o) A copy of the Borrower Organizational Documents, certified as true, correct and
complete by the General Partner of Borrower authorized to do so, together with
(i) a current certificate of good standing from the jurisdiction in which Borrower
was organized (and from the jurisdiction in which the Land is located, if different
from the jurisdiction in which Borrower was organized), and (ii) resolutions
and/or consents of those parties necessary to authorize the transaction
contemplated hereby.
(p) A copy of the General Partner Organizational Documents, certified as true,
correct and complete by an officer of General Partner authorized to do so,
together with (i) a current certificate of good standing from the jurisdiction in
which General Partner was organized (and from the jurisdiction in which the
Land is located, if different from the jurisdiction in which General Partner was
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organized), and (ii) resolutions and/or consents of those parties necessary to
authorize the transaction contemplated by this Agreement.
(q) A copy of Guarantor’s Organizational Documents, certified as true, correct and
complete by an officer of the applicable Guarantor authorized to do so, together
with (i) a current certificate of good standing from the jurisdiction in which such
Guarantor was organized, and (ii) resolutions and/or consents of those parties
necessary to authorize the transaction contemplated hereby.
(r) The most current available financial statements of Borrower, General Partner,
and Guarantor, signed and certified as true, correct and complete by an
authorized representative thereof, together with any tax returns or other financial
information required by Lender.
(s) The payment of (i) all Fees due to Lender as of closing and (ii) all costs and
expenses incurred by Lender, including attorneys’ fees, in connection with the
making of the Loan and the negotiation, preparation and closing of the Loan
Documents.
(t) An Appraisal in form and substance acceptable to Lender in its sole and absolute
discretion.
(u) A proposed Operating Budget for the Project for its first year of operation.
(v) Letters addressed to Lender or existing bills from the suppliers confirming the
availability of water, storm and sanitary sewer, gas, electric and telephone
utilities for the Project
(w) The Title Company’s unconditional commitment to issue the Title Policy and
record the Deed of Trust,
(x) Copies of any closing instruction letter and settlement statement, when
applicable.
(y) An original executed opinion of counsel to Borrower, the General Partner and the
Guarantor, addressed to Issuer and Lender and in form and substance satisfactory
to Issuer and Lender, opining as to the due formation, qualification and good
standing of Borrower, the General Partner and the Guarantor, the due
authorization by Borrower, the General Partner and the Guarantor of the
execution, delivery and performance of the Loan Documents, the due execution
and delivery of the Loan Documents, and the enforceability of the Loan
Documents, and covering such other matters as Issuer and Lender may require.
(z) An original opinion of “bond counsel” addressed to Lender, opining as to the due
execution, delivery and performance by the Issuer of the Indenture, the
enforceability against the Issuer of the Indenture, and the availability of an
exclusion from gross income for purposes of federal income taxation for interest
paid on the Bonds, other than Bonds owned by ___ substantial user of the Project
of any related person within the meaning of Section 147(a) _________ .
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(aa) A signed copy of the Property Management Agreement and the Assignment and
Subordination of Property Manager Agreement and a copy of each agreement
relating to the management, operation or maintenance of the Project and of each
agreement which cannot be cancelled by thirty (30) days’ or less notice.
(bb) A signed copy of the Assignment and Subordination of Contracts.
(cc) A signed copy of the Development Services Agreement.
(dd) All other agreements, documents and/or exhibits which may be required, in
Lender’s judgment, to assure compliance with the requirements of this
Agreement.
(ee) Written evidence that the Title Company has recorded the Recordable
Documents in the Official Records or “gap” coverage from the Title Company.
(ff) The LIHTC Documents with evidence that the commitment by the Credit
Agency to allocate credits in an amount acceptable to Lender is in full force and
effect, confirming the reservation or allocation to Borrower of sufficient LIHTC
to support the Investor’s investment in an amount no less than the aggregate
amount of the Capital Contributions.
(gg) Investor shall have made the First Capital Contribution set forth on Exhibit E
and all such funds shall have been delivered to Lender for deposit into the Bank-
Controlled Account or applied directly by the Title Company on the Closing Date
to pay Project Costs set forth on the Budget and in accordance with an escrow
settlement statement approved by Lender.
(hh) Copies of the Subordinate Loan Documents, each fully executed and each in a
form acceptable to Lender in its sole and absolute discretion.
(ii) Borrower and Subordinate Lenders shall have duly executed and delivered to
Lender the Subordination Agreement in a form and substance acceptable to
Lender, in its sole and absolute discretion.
(jj) A payment and performance bond in an amount not less than the guaranteed
maximum price or fixed price set forth in the Construction Contract from a surety
approved by Lender and licensed to do business in California, naming Lender as
dual obligee, from General Contractor, in form and substance acceptable to
Lender in its sole and absolute discretion.
(kk) Written evidence that those certain Subordinate Loans as set forth on the
Construction Funds Schedule that are required to be funded on or before the
Closing Date have been made to Borrower by the Subordinate Lenders to finance
a portion of the Project Costs, which Subordinate Loans shall be deposited in the
Bank-Controlled Account and be disbursed in accordance with the terms of this
Agreement.
(ll) (i) Permanent Lender shall have agreed to make the Permanent Loan to Borrower
as a permanent financing source for the Property; (ii) Lender shall have received
and approved final fully-executed copies of the Permanent Loan Commitment,;
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(iii) Permanent Lender shall not have indicated that it will not honor the terms of
the Permanent Commitment or that it will not make the Permanent Loan for any
reason; and (iv) no breach, default or failure of condition shall have occurred and
be continuing under the Permanent Commitment.
(mm) Written evidence that the Title Company has committed to insure the Loan.
3.2 Conditions Precedent to Initial Disbursement. Subject to the terms and conditions of this
Agreement, U.S. Bank agrees to approve the disbursement of proceeds of the Loan (each
disbursement of funds to be referred to as a “Disbursement”) for Project Costs set forth on a
Draw Request. Lender’s approval of the initial Draw Request (the “Initial Disbursement”) shall
be subject to the satisfaction of all of the conditions for closing set forth in Section 3.1 and receipt
of the following by Lender, each in form and substance acceptable to Lender and satisfaction of
the following conditions precedent, unless the requirement is waived in writing by the Lender:
(a) Written evidence that the Project Financing Statements have been filed with the
Secretary of State or other appropriate office, together with evidence that the
Collateral covered thereby is subject to no prior Liens, other than Permitted Liens
or Permitted Encumbrances, as applicable.
(b) Unless otherwise waived in writing by Lender, Lender shall have available
unexpended Loan Proceeds or Funding Sources deposited by Borrower in the
Bank-Controlled Account and Construction Disbursement Account so that the
Loan will remain “In Balance”, taking into account the amount of interest due on
the Loan through the Maturity Date.
(c) A Draw Request for costs, expenses and fees which have been actually incurred
by Borrower and are directly connected with the Project. Borrower shall provide
the Draw Request and copies of all supporting invoices, purchase orders, and lien
waivers to the Title Company and to Lender’s Project Inspector.
(d) Any Development Items and any other documents and assurances as Lender may
reasonably request.
(e) Borrower shall establish the Operating Account with Lender.
(f) Borrower shall establish the Construction Disbursement Account with Lender.
3.3 Conditions Precedent to All Disbursements. U.S. Bank’s approval of any Disbursement
(including the Initial Disbursement) shall be further subject to the satisfaction of each of the
following conditions at the time of each requested Disbursement:
(a) No Event of Default shall be continuing and no event shall have occurred or
condition exist which, with the giving of notice or the passage of time or both,
would constitute an Event of Default, and Lender shall have received a certificate
to that effect signed by the Designated Representative. No Event of Default shall
result from the making of the Disbursement.
(b) The representations and warranties set forth in this Agreement shall be true and
correct as of the date of the Disbursement as if made on and as of such date.
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(c) No Material Adverse Occurrence shall have occurred and be continuing on the
date of the Draw Request or the date of the Disbursement.
(d) No litigation, arbitration or governmental investigation or proceeding shall be
pending, or to the knowledge of Borrower threatened, against Borrower or
affecting the operations of Borrower which, if determined adversely to Borrower,
would constitute a Material Adverse Occurrence.
(e) As of the date immediately prior to any requested Disbursement and after giving
effect to the requested Disbursement, the Loan will be In-Balance under
Section 4.8 and in Lender’s judgment Borrower can finish the Project and pay for
it without obtaining additional funds (other than sources of funds identified in the
Construction Funds Schedule).
(f) Borrower shall have made payment to General Contractor for the amounts
covered by all prior Draw Requests.
(g) Lender shall have received the Title Policy within 30 days of the Closing Date.
(h) Lender and the Title Company shall have received a conditional waiver of
mechanic’s lien and/or materialman’s lien, executed by the General Contractor in
the amount of the lienable costs of the Project payable from the requested
advance, together with unconditional waivers of mechanic’s lien and/or
materialman’s lien executed by General Contractor and each General Contractor
to which any portion of the immediately preceding advance has been paid.
(i) Lender shall have determined in its reasonable discretion, based upon its own
inspections or the Project Inspector’s inspections or other evidence satisfactory to
it, that the Project is being constructed in a good and workmanlike manner by
appropriate means in accordance with the Plans and that all required
Governmental Agency inspections and approvals have been obtained as and
when necessary or desirable.
(j) There have been no occurrences which would result in a loss or material
reduction in the amount of any of the Credits.
(k) Borrower shall have satisfied all of the terms and conditions of this Agreement.
(l) Lender shall have received a Draw Request, together with all documentation
required by Section 4.7, and copies of the Draw Request shall have been
delivered to the Project Inspector.
(m) All proceeds of the Subordinate Loans shall have been disbursed to Borrower to
the extent that funding is required pursuant to the Construction Funds Schedule,
which Subordinate Loans shall be deposited in the Bank-Controlled Account and
be disbursed in accordance with this Agreement.
(n) All amounts then due and owing in respect of the Capital Contributions required
to be made pursuant to, and in accordance with, the Partnership Agreement on or
prior to the date of the requested Disbursement shall have been paid or otherwise
provided for to the reasonable satisfaction of Lender.
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(o) Lender shall have received a report from its Project Inspector approving the
subject Draw Request in form and substance satisfactory to Lender.
(p) Lender shall have received prior to each Disbursement, a current ALTA
Endorsement No. 122 (Downdate Endorsement) to the Title Policy or such other
documentation acceptable to Lender as may be required for the Title Company to
issue an endorsement to and continuation of the Title Policy covering the amount
of the requested Advance, and all Advances made to date, reflecting there have
been no mechanics’ or materialman’s liens filed since the date of the issuance of
the Title Policy, and updating the effective date of the Title Policy to the relevant
Advance date. All endorsements must be satisfactory to Lender and are at the
sole cost and expense of Borrower.
(q) Neither the Project, the Improvements, to the extent then constructed, nor any
part thereof shall have been materially damaged, destroyed, condemned or
threatened with condemnation until the Restoration Conditions have been
satisfied.
(r) No order or notice shall have been made by, or received by, Borrower from any
Governmental Agency stating that the construction is or will be in violation of
any Requirements of Law affecting the Project.
(s) No Lien or notice of intent to file a Lien for work or services performed in or on
the Project or materials or equipment delivered thereto shall have been recorded
against the Project or delivered to Borrower, Title Company or Lender, unless the
Lien(s) are bonded over or otherwise resolved to the satisfaction of Lender.
(t) [As a condition to the approval of a Disbursement for any Environmental
Remediation: (i) Borrower shall have completed the remediation work for which
a Disbursement is requested in accordance with the Environmental Reports (the
“Environmental Remediation”); (ii) Borrower shall have provided evidence of
the Environmental Remediation for which a Disbursement is requested to
Lender; (iii) Borrower shall have obtained any necessary approvals from
Governmental Agencies with respect to the Environmental Remediation
described in the Draw Request; and (iv) Lender has accepted the evidence of
Environmental Remediation.]
3.4 Conditions Precedent to Final Disbursement. In addition to continued compliance with
the conditions set forth in Sections 3.1, 3.2, and 3.3 hereof, U.S. Bank’s approval of the final
Disbursement shall be subject to the satisfaction of the following conditions precedent, each of
which Borrower shall satisfy as promptly as is reasonably possible:
(a) Lender shall have received written evidence that the Improvements shown on the
Plans are complete or will be complete upon the making of the final
Disbursement, as described in Section 6.1, including but not limited to (i) a
Certificate of Substantial Completion on Form AIA G704 or such other form as
Lender may reasonably require; and (ii) a final certificate of occupancy issued by
the appropriate Governmental Agency.
(b) Receipt by Lender of an ALTA Endorsement 100 or such title insurance
endorsements as Lender may require to the Title Policy insuring that the
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Improvements have been completed free of any Liens and that no encroachments
exist over any building, zoning, easement, right of way or property boundary
lines, other than encroachments permitted by valid easements approved by
Lender.
(c) Receipt by Lender of executed Form AIA G706/706A with final lien waivers
attached or such other form reasonably required by Lender or Title Company and
written lien waivers releases from General Contractor and all suppliers of labor
and materials to the Project.
(d) Receipt by Lender of a written report from the Project Inspector stating that it has
conducted inspections of the Project and that all work has been fully completed
in a good workmanlike manner and substantially in accordance with the Plans,
and in accordance with requirements of all Governmental Agencies.
(e) Receipt by Lender of written evidence that all Project Costs, upon making the
final Disbursement, shall have been paid in full.
(f) If required by Lender, receipt by Lender of final as-built Plans for the
Improvements.
(g) Receipt by Lender of a certificate satisfactory to Lender from the Architect
confirming that the Property complies with all Accessibility Laws.
(h) If required by Lender, receipt by Lender of a final ALTA as-built survey of the
Land and Improvements showing the location of all completed Improvements on
the Land.
(i) Receipt by Lender of a recorded Notice of Completion for the Project complying
with California Civil Code Section 8182 recorded in the Official Records.
(j) Receipt by Lender of written evidence that all insurance required pursuant to
Article 9 has been obtained and all Insurance Premiums have been paid.
(k) Receipt by Lender of all LIHTC Documents that have not been received and any
amendments or updates to the LIHTC Documents, provided that Borrower shall
only be required to deliver documents that typically should be available as of the
date that final Disbursement occurs.
4. Disbursement.
4.1 General. Provided no Default or Event of Default has occurred and is continuing, the
proceeds of the Loan shall be advanced by the Lender for Project Costs for the benefit of
Borrower in accordance with the terms and conditions set forth in this Section 4. All proceeds of
the Loan advanced by the Lender shall constitute a loan made to Borrower under this Agreement,
evidenced by the Note and secured by the Loan Documents. The Loan is not a revolving loan
and the total Advances shall not be reduced by any payments made by Borrower when calculating
the remaining available proceeds of the Loan to be disbursed. Lender reserves the right to make
Advances of amounts on the Note which are allocated to any of the designated items in the
Budget for soft or hard costs related to the Project, and rehabilitation of the Improvements or for
such other purposes or in such different proportions as Lender may, in its sole discretion, deem
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necessary or advisable. Borrower may not reallocate items in the Budget without the prior
written consent of Lender in each instance; provided, however. Lender’s consent shall not be
required for a requested reallocation if the Budget remains In Balance and the reallocation effects
changes that are not in excess of: (a) as to any single line item, the greater of $25,000 and 10% of
the line item, and (b) as to the aggregate of all line items in the Budget not more than the greater
of $100,000 and 5% of total Budget. Notwithstanding the foregoing, any reallocation of the
Reserves, including the Contingency Reserves, Interest Reserve, Soft Cost Contingency and Hard
Cost Contingency shall be subject to the prior written approval of Lender.
4.2 No Waiver. No Advance shall constitute a waiver of any condition precedent to the
obligation of any Lender to make any further Advance, or preclude Lender from thereafter
declaring the failure of Borrower to satisfy any condition precedent to be an Event of Default.
All conditions precedent to the obligation of Lender to make any Advance are imposed hereby
solely for the benefit of Lender, and no other party may require satisfaction of any condition
precedent or shall be entitled to assume that Lender will make or refuse to make any Advance in
the absence of strict compliance with the conditions precedent.
4.3 Advances for Sums Due to Lender. Lender will advance to itself, when due, from the
proceeds of the Loan, without further order or request from Borrower, all interest payable to
Lender under the terms hereof or of the Note (so long as the conditions to such Advance have
been satisfied, or waived by Lender, and sufficient funds remain in the Interest Reserve), and
may, at Lender’s option, without any obligation to do so, advance to itself all other sums due or to
become due to Lender under this Agreement or under any of the other Loan Documents,
including but not limited to its fees, reasonable attorneys’ fees, Project Inspector fees, Appraisal
fees, internal Appraisal review fees and other fees, administrative fees and expenses, syndication
and transfer costs, and all other out-of-pocket costs and expenses incurred by Lender in
connection with this Agreement and with the Loan. Lender shall also have the right, but not the
obligation, to advance and directly apply the proceeds of the Loan to the satisfaction of any of
Borrower’s other obligations hereunder or under any of the other Loan Documents.
If the total amount of the Loan exceeds the amount needed to fully pay all items set forth
on the Budget approved by Lender, Lender shall not be required to advance, and Borrower shall
not be entitled to receive, the excess.
4.4 Advances for Developer Fee. Notwithstanding anything herein to the contrary, Lender
shall not be obligated to advance any proceeds of the Loan in payment of or reimbursement for
any portion of the Developer Fee payable to Borrower as shown on the Budget, so long as any
Default or Event of Default has occurred and remains uncured. In addition, payments for
Developer Fee shall not exceed the Permitted Developer Fee Payment.
4.5 Disbursement for Materials Not Incorporated Into the Project. When a Draw Request
includes a request to pay for Stored Materials not yet installed or incorporated into the Project,
Lender shall not be required to consent to the disbursement for Stored Materials, provided that
Lender may, at its sole discretion consent to Disbursement for Stored Materials if: (a) Borrower
provides Lender and the Project Inspector with (i) copies of related bills of sale, receipts, invoices
and bills of lading demonstrating that Borrower has good title to the Stored Materials free of any
encumbrances, (ii) satisfactory evidence that (a) the place of storage for such Stored Materials is
on the Land or in a secure or bonded warehouse located in the jurisdiction in which the Land is
situated and is readily accessible, and (b) the owner of such facility has received written
instruction such that the Lender shall have access and the right to remove the Stored Materials,
(iii) satisfactory evidence that the materials are adequately secured and insured, with Lender
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identified as an additional insured and loss payee, (iv) a copy of the Stored Materials log, and
(v) photographs of the Stored Materials; (b) to the extent requested by Lender, Borrower shall
also provide copies of UCC searches against Borrower, the materials vendor, the General
Contractor, and the warehouseman, if applicable, indicating no liens or claims which may affect
the Stored Materials; (c) all Stored Materials shall be clearly tagged with the Borrower’s name
and stored separately to avoid commingling, and shall be incorporated into the Project as
promptly as possible and in any event within sixty (60) days after the date of the Disbursement
for the Stored Materials; and (d) Borrower shall provide Lender, the Project Inspector and any
applicable Governmental Agency or testing authority having jurisdiction over the Project with
access to inspect, test or otherwise examine the Stored Materials.
4.6 Payments from Interest Reserve. To the extent that there is insufficient Net Operating
Income to pay interest when due on the Note and there are sufficient funds in the Interest Reserve
line item to pay such amounts, Lender shall make Advances of Loan proceeds from the Interest
Reserve available once each month to pay interest.
4.7 Draw Requests. Borrower shall deliver a Draw Request to Lender on a monthly basis
(and no more than once per month) together with evidence of the Project Costs funded during the
preceding month (whether from proceeds of the Loan or otherwise). Draw Requests must be
submitted at least ten (10) Business Days prior to the date of the requested Advance. Borrower
shall also concurrently deliver a copy of the Draw Request directly to the Project Inspector. Each
Draw Request shall include:
(a) Borrower’s signed Letter of Draw Request.
(b) Borrower’s signed Draw Request Certification.
(c) An updated Draw Request Spreadsheet.
(d) Original AIA Forms G702/703 from the General Contractor and, if applicable,
any subcontractors and any material suppliers, signed and notarized by the
General Contractor, and any subcontractors and material suppliers, including a
certification by the Architect.
(e) An itemized payee list including a summary and copies of all invoices included
in the Draw Request which shall not be more than 90 days old, together with any
supplemental items required by Lender, including invoices for soft costs.
(f) Lien waivers as required by Section 3.3.
(g) Such other information as is required by Lender to support the Draw Request.
Upon receipt of a Draw Request, Lender shall cause the Project Inspector to inspect the
Improvements (if the inspection has not already been scheduled or completed prior to Lender’s
receipt of the Draw Request) and to confirm progress of the construction work with respect to the
costs of the work. If Lender determines that construction is proceeding on schedule in
accordance with the Plans and otherwise in the manner required by this Agreement and that all
conditions to the requested Disbursement shall have been fulfilled, Lender shall make the
Disbursement on the date requested by Borrower or as close to the requested date as is
commercially reasonable (not to be less than ten (10) Business Days from delivery to Lender of
the Draw Request and all items required pursuant to this section). Lender may make any
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Disbursement by deposit into the Operating Account, by check payable to Borrower, or by check
payable jointly to Borrower and any general contractor, subcontractor or other claimant, or
directly to any such claimant, or by any other means reasonably selected by Lender.
4.8 Loan “In-Balance”.
(a) Notwithstanding anything in this Agreement or the Loan Documents to the
contrary, Borrower shall at all times cause the Loan to be In Balance, and Lender
shall have no obligation to fund any Disbursement or perform any other act
unless and until the Loan is In Balance. The Loan shall be deemed to be “In
Balance” only when the maximum principal amount of the Loan, less the sum of
the funded Advances, plus the sum of (a) the undisbursed portion of the
Construction Equity Deposits, (b) the undisbursed portion of the Subordinate
Loans, and (c) any other available Funding Sources for the Project described on
the Construction Funds Schedule (as determined by Lender), shall equal or
exceed the amount reasonably estimated by Lender to pay for all work done or to
be done and all materials furnished and to be furnished for the completion of the
Project in each category of cost referred to in the Budget, including installation of
all fixtures, equipment, and all other finish materials required for use, occupancy
and operation of the Project, and to pay interest on the Loan, including but not
limited to any interest through the Maturity Date of the Loan (taking into account
any extension of the Maturity Date if the Maturity Date of the Note has been
extended) and all other costs required to be paid by Borrower in connection with
the Project.
(b) If at any tune and for any reason the Loan is not In Balance in accordance with
this Section, Borrower shall, within five (5) days of receiving written or verbal
notice from Lender, do one or more of the following:
(i) provide satisfactory evidence to Lender that Borrower has previously
paid any excess or additional costs for the Project (collectively, the
“Excess Costs”) or has otherwise provided for the insufficiency with
funds from a source other than the Loan, Subordinate Loans,
Construction Equity Deposits, or other available Funding Sources; or
(ii) reallocate, subject to Lender’s approval, sufficient funds to pay the
Excess Costs from funds allocated to “Contingency” in the Budget; or
(iii) Pay to the Lender an amount equal to the Excess Costs which shall be
deposited in the Bank-Controlled Account.
Without limitation upon the foregoing, Lender shall have no obligation to make any further
Disbursements until Borrower has paid or otherwise provided for the Excess Costs as required
above.
4.9 Cost Savings. Upon completion of all work, materials and service described in any line
item in the Budget and the payment in full for all work, materials and services covered by such
line item in the Budget, then, upon Borrower’s request, any remaining undisbursed amounts
allocated to that line item may be reallocated to the “Contingency” line item in the Budget and be
available for Disbursement for Project Costs in accordance with the terms of this Agreement.
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4.10 Retainage. Lender shall withhold retainage equal to the greater of (i) percentage required
under the Construction Contract, as approved by Lender, intended for payment of hard costs as
required by the Budget, and (ii) ___ percent (_%) of the value (as certified to the Project
Inspector) of the materials and labor incorporated in the Project from time to time pursuant to the
Construction Contract. All amounts retained by Lender shall be disbursed upon satisfaction of all
conditions to the final Disbursement set forth in Section 3.4.
4.11 Contingency. Lender shall not have any obligation to consent to any Disbursement from
funds allocated in the Budget to the “Contingency” line item, or to consent to any reallocation to
any other line item of funds allocated in the Budget to the “Contingency” line item.
4.12 Budget. Lender shall have no obligation to consent to any request for any Disbursement
for any budgeted item of cost designated to be paid from proceeds of the Loan in any greater
amount in the aggregate than the aggregate amount budgeted for that item in the Budget.
4.13 Subcontractor Verification. Borrower hereby grants Lender (and the Title Company) the
right to contact and obtain information from the General Contractor and all subcontractors and
material suppliers, including the right to obtain copies of all subcontracts and material supply
contracts, and to verify and determine the status of performance and payment with respect to the
Construction Contract or any subcontract or material purchase order.
4.14 Waiver of Disbursement Conditions. Lender may in its sole discretion waive any
condition to the funding of a Disbursement. Any waiver of any condition to the funding must be
expressly made and signed by an authorized officer of Lender. Lender shall not have made or be
deemed to have made any waiver of any condition to the funding of any Disbursement as
provided herein. The approval of any Draw Requests by Lender shall not constitute approval by
Lender of any work, costs or expenses for which the Disbursement is made, or of any design,
manufacturing, structural or other defect in any such work. The approval of any Disbursement
prior to fulfillment of one or more conditions thereof shall not be construed as a waiver of any
condition, and Lender reserves the right to require fulfillment of any and all conditions prior to
approving any subsequent Disbursement.
4.15 All Disbursements Secured by Loan Documents. It is expressly agreed that any
Advances made by Lender, from time to time, for whatever purposes, no matter to whom made,
shall, as and when made, be deemed authorized by Borrower and made pursuant to this
Agreement, and shall become and remain secured by the Loan Documents and considered part of
the obligations secured thereby. These provisions shall apply whether or not Lender is then
obligated to approve any Disbursement, and whether or not Lender has approved the
Disbursements, or an Event of Default exists under any of the Loan Documents.
4.16 No Liability for Disbursements. Under no circumstances shall Lender be responsible or
liable to any Person, including without limitation, Borrower for or on account of any
disbursement of, or the failure to disburse, any of the proceeds of the Loan (or any portion
thereof). The foregoing shall be in addition to all other limitations on the responsibility and
liability of Lender set forth in this Agreement.
5. General Representations, Warranties and Covenants.
As a material inducement to Issuer’s issuance of the Bonds, Lender’s entry into this Agreement,
and Lender’s purchase of the Bonds, Borrower represents and warrants to Issuer and Lender as of the date
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hereof and during the term of this Agreement (except as otherwise disclosed to and consented to by
Lender) that:
5.1 Formation, Qualification and Compliance.
(a) Borrower (a) is a limited partnership validly existing and in good standing under
the laws of the State of California, (b) has all requisite authority to conduct its
business and own and lease its properties, and (c) is qualified and in good
standing in every jurisdiction in which the nature of its business makes
qualification necessary or where failure to qualify could have a material adverse
effect on its financial condition or the performance of its obligations under the
Loan Documents. Borrower is in compliance with all Laws applicable to its
business and has obtained all approvals, licenses, exemptions and other
authorizations from, and has accomplished or will accomplish by the date
required by applicable Laws, all filings, registrations and qualifications with, any
Governmental Agency that are necessary for the transaction of its business.
Borrower will continue to operate its business in accordance with all Laws and
shall require all tenants to comply with all Laws. Borrower shall not amend,
modify, supplement or restate Borrower’s Organizational Documents without the
prior written consent of Lender, except as otherwise expressly permitted herein,
nor shall Borrower cancel or terminate Borrower’s Organizational Documents
without the prior written consent of Lender.
(b) General Partner (a) is a limited liability company validly existing and in good
standing under the laws of the State of California, (b) has all requisite authority
to conduct its business and own and lease its properties, and (c) is qualified and
in good standing in every jurisdiction in which the nature of its business makes
qualification necessary or where failure to qualify could have a material adverse
effect on its financial condition or the performance of its obligations under the
Loan Documents. General Partner is in compliance in all material respects with
all Laws applicable to its business and has obtained all approvals, licenses,
exemptions and other authorizations from, and has accomplished or will
accomplish by the date required by applicable Laws, all filings, registrations and
qualifications with, any Governmental Agency that are necessary for the
transaction of its business. General Partner shall not amend, modify, supplement
or restate General Partner’s Organizational Documents without the prior written
consent of Lender, nor shall General Partner cancel or terminate General
Partner’s Organizational Documents without the prior written consent of Lender.
(c) Guarantor (a) is a corporation validly existing and in good standing under the
laws of the State of California, (b) has all requisite authority to conduct its
business and own and lease its properties, and (c) is qualified and in good
standing in the State of California and in each other jurisdiction in which the
nature of its business makes qualification necessary or where failure to qualify
could have a material adverse effect on its financial condition or the performance
of its obligations under the Guaranty. Guarantor is in compliance in all material
respects with all Laws applicable to its business and has obtained all approvals,
licenses, exemptions and other authorizations from, and has accomplished or will
accomplish by the date required by applicable Laws, all filings, registrations and
qualifications with, any Governmental Agency that are necessary for the
transaction of its business.
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5.2 Execution and Performance of Loan Documents. Each of Borrower, General Partner and
Guarantor has all requisite authority to execute and deliver, and to perform its obligations under,
the Loan Documents. Borrower shall timely perform its obligations under the Loan Documents
and shall not cause or permit the occurrence of any default under the documents to which it is a
party.
(a) The execution and delivery by each of Borrower, General Partner and Guarantor
of, and the performance by each of Borrower, General Partner and Guarantor of
its respective obligations under, each Loan Document that it has executed have
been authorized by all necessary action on the part of Borrower, General Partner
and Guarantor and do not and will not:
(i) require any consent or approval not heretofore obtained of any Person
having any interest in Borrower, General Partner or Guarantor;
(ii) violate any provision of, or require any consent or approval not
previously obtained under, any applicable governing document
applicable to Borrower, General Partner or Guarantor;
(iii) result in or require the creation of any lien, claim, charge or other right of
others of any kind (other than under the Loan Documents) on or with
respect to any property now or hereafter owned or leased by Borrower,
General Partner or Guarantor;
(iv) violate any provision of any Law presently in effect; or
(v) constitute a breach or default under, or permit the acceleration of
obligations owed under, any contract, any loan document (including any
Subordinate Loan Document, or the Permanent Commitment), lease or
other agreement or document to which Borrower, General Partner or
Guarantor is a party or by which Borrower, General Partner or
Guarantor, or any of their respective property, is bound.
(b) Neither Borrower, General Partner nor Guarantor is in default in any respect
under the Loan Documents or under any Law, contract, loan agreement, lease or
other agreement or document to which Borrower, General Partner or Guarantor is
a party or by which Borrower, General Partner or Guarantor, or any of their
respective property, is bound.
(c) No approval, license, exemption or other authorization from, or filing,
registration or qualification with, any Governmental Agency is required in
connection with:
(i) the execution and delivery by Borrower, General Partner and Guarantor
of, or the performance by Borrower, General Partner and Guarantor of
their respective obligations under, the Loan Documents; and
(ii) the creation of the liens described in the Security Documents.
(d) Permanent Lender has not indicated that it will not honor the terms of the
Permanent Commitment, or that it will not make or fund the Permanent Loan for
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any reason and there is no default or unwaived failure of condition of Borrower
that occurs under the Permanent Commitment.
5.3 Financial and Other Information. All financial information furnished to Lender with
respect to Borrower, General Partner and Guarantor in connection with the Loan: (a) is complete
and correct in all material respects, (b) accurately presents the financial condition of the
applicable party and (c) has been prepared in accordance with GAAP or in accordance with such
other principles or methods as are reasonably acceptable to Lender. All other documents and
information furnished to Lender in connection with the Loan are true and correct in all material
respects. Neither Borrower, General Partner nor Guarantor has any material liability or
contingent liability not disclosed to Lender in writing and there is no material lien, claim, charge
or other right of others of any kind (including liens or retained security titles of conditional
vendors) on any property of any Person not disclosed in the financial statements or otherwise
disclosed to Lender in writing.
5.4 No Material Adverse Occurrence. There has been no Material Adverse Occurrence since
the dates of the latest financial statements furnished to Lender prior to the date of this Agreement.
Since those dates, none of Borrower, General Partner or Guarantor has entered into any material
transaction not disclosed in the financial statements or otherwise disclosed to Lender in writing
prior to the date of this Agreement.
5.5 Tax Liability. Borrower has filed all required federal, state and local tax returns and has
paid all taxes due (including interest and penalties, but subject to lawful extensions disclosed to
Lender in writing) other than taxes being promptly and actively contested in good faith and by
appropriate proceedings. Borrower is maintaining adequate reserves for tax liabilities (including
contested liabilities) in accordance with GAAP or in accordance with such other principles or
methods as are reasonably acceptable to Lender.
5.6 Budget: Source of Funds. The Budget is based on information deemed reliable by
Borrower and represents Borrower’s best estimate of all costs required to acquire and complete
the Project. Borrower has no knowledge, after due inquiry, that any source of funds for the
Project will not be received in the amounts and at the times described in the Construction Funds
Schedule.
5.7 No Litigation. There are no actions or proceedings pending or, to the best of Borrower’s
knowledge, threatened against or affecting Borrower, any General Partner or Guarantor, or any of
their properties, or any circumstance existing which would in any manner materially adversely
affect the priority or enforceability of the Loan Documents and the liens and Security Interests
created pursuant thereto, or the ability of Borrower, General Partner or any Guarantor to perform
any of their obligations under the Loan Documents, except as disclosed to Lender in writing prior
to the execution of this Agreement. There are no condemnation proceedings or moratoria
pending or threatened against the Project that would impair the construction, use, sale, value or
occupancy of the Project.
5.8 Documents. Borrower has delivered to Lender true and complete copies of all Project
Agreements, together with all modifications thereto. Except as otherwise disclosed to Lender in
writing, all such agreements are in full force and effect and no party is in default under any such
agreement. Borrower has delivered to Lender true and complete copies of (i) the form of lease to
be used for each Unit, (ii) every contract and other document that grants rights to, or imposes
obligations on, Borrower in connection with the Project, and has fully disclosed to Lender in
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writing the material terms of all oral agreements granting or imposing any such rights or
obligations.
5.9 Name and Principal Place of Business. Borrower presently uses no trade name other than
its actual name. Borrower’s principal place of business is 22645 Grand Street, Hayward,
California 94541.
5.10 Business Loans; Regulation U. The Loan, including interest rates, fees and charges as
contemplated hereby, collectively constitute business loans. The proceeds of the Loan shall be
used for proper business purposes and consistently with all Requirements of Law. Borrower is
not in the business of extending credit for the purpose of purchasing or carrying margin stock
(within the meaning of Regulation U issued by the Board of Governors of the Federal Reserve
System), and no proceeds of the Loan shall be used to purchase or carry any margin stock or to
extend credit to others for the purpose of purchasing or carrying any margin stock.
5.11 Investment Company Act; ERISA. The Borrower does not currently maintain, and never
has maintained, any employee benefit plan described in Section 3(3) of ERISA that is subject to
ERISA or that would be subject to ERISA if it covered more than one employee of the Borrower
and if the exclusions contained in Section 4 of ERISA did not apply. The Borrower is not
currently, and never has been, part of a group of companies that is required to be aggregated and
treated as one employer under Section 414 of the Code.
5.12 Non-Foreign Status. Neither Borrower nor any General Partner is a “foreign person”
within the meaning of Internal Revenue Code Sections 1445 and 7701 (i.e., it is not a nonresident
alien, foreign corporation, foreign partnership, foreign trust or foreign estate as those terms are
defined in the Internal Revenue Code and the regulations promulgated thereunder). Borrower
understands that the foregoing information may be disclosed to the Internal Revenue Service by
Lender, its agents, successors and assigns, and that any false statement could be punished by fine,
imprisonment or both.
5.13 Continuing Nature of Representations and Warranties. Borrower acknowledges,
understands, and agrees that the representations and warranties set forth in this Agreement shall
be deemed to be continuing during all times when the Loan remains outstanding and, except to
the extent that Borrower discloses non-compliance to Lender in writing and Lender waives the
non-compliance in writing, the representations and warranties in this Agreement shall be restated
and made effective as of each date a Disbursement is requested and made in accordance herewith.
5.14 No Reliance on Lender for Advice. Borrower represents that it understands the nature
and structure of the transactions relating to the financing of the Project; that it is familiar with the
provisions of all of the Loan Documents; that it understands the risks inherent in these
transactions; and that it has not relied on Lender for any guidance or expertise in analyzing the
financial or other consequences of the transactions contemplated by the Loan Documents and the
Subordinate Loan Documents or otherwise relied on Lender for any advice.
5.15 Anti-Corruption Laws; Sanctions; Anti-Terrorism Laws.
(a) The Borrower, its Subsidiaries and their respective officers and employees and to
the knowledge of the Borrower its directors and agents, are in compliance with
Anti-Corruption Laws and applicable Sanctions in all material respects. None of
the Borrower, any Subsidiary or to the knowledge of the Borrower or such
Subsidiary any of their respective directors, officers or employees is a Sanctioned
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Person. No Loan, use of the proceeds of any Loan or other transactions
contemplated hereby will violate Anti-Corruption Laws or applicable Sanctions.
(b) Neither the making of the Loan hereunder nor the use of the proceeds thereof will
violate the USA Patriot Act, the Trading with the Enemy Act, as amended, or any
of the foreign assets control regulations of the United States Treasury
Department (31 C.F.R., Subtitle B, Chapter V, as amended) or any enabling
legislation or executive order relating thereto or successor statute thereto. The
Borrower and its Subsidiaries are in compliance in all material respects with the
USA Patriot Act.
6. Project Representations, Warranties and Covenants.
As a material inducement to Issuer’s issuance of the Bonds, Lender’s entry into this Agreement,
and Bondowner Representative’s purchase of the Bonds, Borrower covenants and agrees with Lender and
represents and warrants to Lender as of the date hereof and during the term of this Agreement (except as
otherwise disclosed to and consented to by Lender in writing prior to the date of execution of this
Agreement) that:
6.1 Completion of Improvements. Borrower shall commence before the Commencement
Date and thereafter diligently proceed with the rehabilitation of the Project. In any event,
Borrower shall complete the rehabilitation of the Improvements on or before the Completion
Date. The Improvements shall be considered complete for purposes of this Agreement only
when:
(a) the Improvements are substantially completed in accordance with the Plans, as
approved by Lender, are paid for in full and are free of all mechanics, labor,
materialmen and other similar liens;
(b) a certificate of substantial completion for the Improvements has been signed by
Borrower, the General Contractor and the Architect and delivered to Lender, and
no punchlist items remain to be completed or, if punchlist items remain to be
completed, funds have been escrowed for their completion in an amount
acceptable to Lender;
(c) Borrower has delivered to Lender copies of all licenses and permits needed to
occupy and operate the Project;
(d) Lender has received acceptable evidence that all Requirements of Law and all
private restrictions and covenants relating to the Improvements have been
complied with or satisfied and that unconditional certificates of occupancy for
the Improvements (including, without limitation, each Unit) have been issued by
all appropriate Governmental Agencies;
(e) Borrower is in possession of the entire Project;
(f) copies of all warranties from suppliers covering materials, equipment and
appliances included within the Project have been delivered to Lender;
(g) evidence that all insurance required hereby is in full force and effect has been
delivered to Lender; and
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(h) streets and offsite utilities located within or pertaining to the Project have been
completed to the satisfaction of all Governmental Agencies.
The Completion Date shall be extended for a period equal to the period of any delay caused by
Force Majeure, provided Borrower furnishes Lender with written notice of the Force Majeure
event within ten (10) Business Days from the occurrence of the delay. In no event, however,
shall the time for completion of the Improvements be extended beyond the earlier of (i) the date
occurring ninety (90) days after the Completion Date for the Improvements, (ii) any date that the
Investor has established for completion as a condition to making its Construction Equity
Deposits, (iii) the PIS date required by the LIHTC Documents, or (iv) the date for completion of
the Improvements set forth in any Subordinate Loan Document or Project Agreement.
6.2 Offsite Improvements. Borrower shall promptly commence and diligently complete all
offsite improvements of the public streets, walks, sewers, utilities and like areas and facilities
adjoining the Land, if any, and provide utilities and other facilities, in accordance with the
requirements of all Governmental Agencies.
6.3 Conformity with Plans. Borrower represents that the Plans comply with all Laws,
including but not limited to all Accessibility Laws. Borrower shall cause the Improvements to be
constructed in conformity with the Plans and in such a manner so they will not encroach upon or
overhang any easement, right of way or land of others. If any aspect of the Project is not in
substantial conformity with the Plans or encroaches upon easements, rights of way or land of
others, Lender shall have the right to stop the work and order repair or reconstruction in
accordance with the Plans and to withhold further Disbursements until the Project is in substantial
compliance with the Plans and/or does not so encroach. Upon written notice from Lender (or
Borrower’s discovery irrespective of notice) that any aspect of the Project is not in substantial
conformity with the Plans or encroaches upon easements, rights of way or land of others,
Borrower shall promptly commence correcting the deviation or encroachment and shall prosecute
the work diligently to completion, which in no event shall be later than thirty (30) days after the
notice or discovery.
6.4 Change Orders. Borrower agrees that the Plans shall not be modified except pursuant to
Change Orders. All Change Orders:
(a) shall be in writing on AIA Form 701 or other form approved by Lender,
numbered in sequence, signed by Borrower, Architect, and General Contractor
and any other entity required pursuant to the Construction Contract and, with
regard to Material Change Orders, submitted to Lender prior to the proposed
effectiveness thereof and accompanied by working drawings and a written
narrative of the nature of and reason for the nature of and reason for the proposed
change and shall be approved by Investor if required under Borrower ’s
Partnership Agreement;
(b) shall contain an estimate by Borrower of all increases and decreases in itemized
Project Costs that would be caused by the change, as well as the aggregate
amount of all changes in estimated Project Costs (both increases and decreases)
previously made;
(c) shall contain a certification by Borrower stating the aggregate amount, including
both increases and decreases, of all changes in Project Costs reflected in Change
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Orders for which Lender’s approval has not been obtained or has not been
required hereunder;
(d) shall include a description of the impact of such proposed Change Order on the
construction schedule;
(e) shall be certified by Borrower to be in compliance with all applicable Laws and
other requirements; and
(f) shall be subject to Lender’s prior written approval if the Change Order (i) would
change the number of Units within the Project as shown on the Plans; (ii) would
affect any structural component of the Project, (iii) would involve changes in the
Budget which require Lender’s approval under Section 4.1, or (iv) would delay
the Completion of the Project beyond the Completion Date (each change
requiring Lender’s approval under this subparagraph (f) being referred to herein
as a “Material Change Order”).
6.5 Entry and Inspection. Upon reasonable notice to Borrower (which notice may be written
or oral), Lender and its agents shall have:
(a) the right of free access during normal business hours to the Project and all sites
away from the Project where materials for the Project are stored,
(b) the right to inspect during Borrower’s normal business hours all labor performed
and materials furnished for the Project; and
(c) the right to inspect during Borrower’s normal business hours, and copy, all
documents pertaining to Borrower and the Project.
6.6 Project Information. From time to time during the course of the Project, within ten
(10) days following Lender’s written demand therefore, Borrower shall furnish Lender with
reports of Project Costs, an updated Draw Request Spreadsheet, progress schedules and
contractors’ cost breakdowns for the Project, itemized as to trade description and item, showing
the names of the general contractor(s) and/or subcontractor(s), and including any indirect costs
such as real estate taxes, legal and accounting fees, insurance, architects’ and engineers’ fees,
financing costs, interest during construction and general contractor’s overhead.
6.7 Governmental Requirements. Borrower has obtained all building permits and similar
permits, licenses, approvals and other authorizations of Governmental Agencies required in
connection with the ownership, development and use of the Land and the Project, and all the
permits, licenses and approvals remain in full force and effect. Borrower is and shall continue to
be during the term of this Agreement in compliance with all Laws relating to the Project and all
licenses, exemptions, approvals and other requirements of Governmental Agencies required in
connection with the Project and the development of the Project, including each of the following
as applicable:
(a) zoning, land use and planning requirements, including requirements arising from,
or relating to the adoption or amendment of, any applicable general plan;
(b) subdivision and parcel map requirements;
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(c) environmental requirements;
(d) requirements in connection with use, occupancy and building permits; and
(e) requirements of public utilities.
6.8 Project Agreements. Borrower shall employ the General Contractor as general contractor
for the Project pursuant to the Construction Contract. Borrower shall not terminate, or modify in
any material respect, any Construction Contract without Lender’s prior written consent, which
shall not be unreasonably withheld. Borrower shall not enter into any other agreement with
respect to the construction and/or development of the Project without the prior written consent of
Lender. Within ten (10) days after Lender’s written demand therefore, Borrower shall deliver to
Lender lists of all contractors and subcontractors employed in connection with the Project. Each
list shall show the name, address and telephone number of each general contractor and
subcontractor, a general statement of the nature of the work to be done, the labor and materials to
be supplied, the names of material suppliers, if known, the approximate dollar value of labor,
work and materials itemized with respect to each general contractor, subcontractor and
materialman, and the unpaid portion and status of the work or whether the materials have been
delivered. Lender and its agents shall have the right (but not the obligation) to directly contact
the General Contractor, each general contractor, subcontractor and material supplier to verify the
facts disclosed by any such list. The General Contractor shall furnish a 100% payment and
performance bond from a surety acceptable to Lender naming the Lender as a dual obligee.
6.9 Project Inspector. Borrower hereby agrees to pay or reimburse Lender for the costs
charged by the Project Inspector in connection with review and approval of all Plans, contracts,
budgets and related matters, inspection of the Project, and approval of Draw Requests. Without
limiting the foregoing, the Project Inspector may be engaged to complete pre-closing review of
the Plans and Budget to determine the adequacy thereof, and/or complete monthly inspections to
review status of construction, compare construction draws to construction progress, review
invoices, and make recommendation for payment. Based on the Project Inspector’s
recommendation, the Budget may be adjusted by Lender. Notwithstanding anything in this
Agreement to the contrary, Borrower understands and agrees that all inspections are for the sole
purpose of protecting Lender and are made solely for Lender’s benefit; that inspections may be
superficial and general in nature, primarily to inform Lender of the progress of construction; and,
that in any event, Borrower shall not be entitled to rely on any inspections(s) for evaluating
workmanship, conformance to Plans or otherwise. Borrower agrees to make its own inspections
of the construction to determine that the quality of the construction and all other requirements of
the work of construction are being performed in a manner satisfactory to Borrower. Lender shall
have no obligations to share with Borrower any inspection reports.
6.10 Property Management Agreements. Borrower shall at all times employ the Property
Manager for the Project and will not amend, modify or terminate the Property Management
Agreement without the prior written consent of Lender. The Lender shall have the right to
approve any change in the Property Manager.
6.11 Access; Roads; Easement. All roads and other accesses necessary for the construction of
the Improvements and full utilization thereof for their intended purposes have been completed or
the necessary rights of way therefore have either been acquired or have been dedicated to public
use and accepted by the applicable Governmental Agency(ies) (US) and all necessary steps have
been taken to assure the complete construction and installation thereof by a date sufficient to
ensure timely Completion in accordance with this Agreement. The Land physically abuts, and
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has the legal right of access to, a public road and no curb cut approvals or other approvals from a
Governmental Agency are required for Borrower to have the right of access from the Land to the
public road. To the best of Borrower’s knowledge, Borrower is in compliance with all covenants,
conditions, restrictions, easements, rights of way and other rights of third parties relating to the
Project.
6.12 Parking. All parking required by any Governmental Agency for the Project is located on
the Land.
6.13 No Encroachments. The Improvements do not and will not encroach upon any set back
line, sideyard line, or any recorded or visible easement (or other easement of which Borrower is
aware or has reason to believe may exist) which exists with respect to the Land.
6.14 Lots; Plat. The Land consists of one or more separate and legal lots for real estate tax,
zoning, subdivision, conveyance and all other purposes, none of which lots include any property
(i) not subject to the Deed of Trust, or (ii) owned by anyone other than Borrower.
6.15 Subdivision Plat. If applicable, prior to recording any subdivision plat for the Land,
Borrower shall (a) provide Lender with a final copy of the plat, which shall be subject to Lender’s
review and approval, (b) execute and deliver modifications to the Loan Documents to evidence
the amended legal description of the Land, together with such other documents and instruments
as Lender reasonably requests, (c) provide Lender with a commitment for an endorsement to
Lender’s Title Policy to insure the new legal description of the Land, (d) provide Lender with all
reciprocal easement agreements and similar agreements that Borrower proposes to record
contemporaneously with the plat, all of which shall be subject to Lender’s review and approval,
and (e) provide Lender with the additional documents, information and instruments as Lender
shall reasonably request.
6.16 Hazardous Substances. Except as otherwise previously disclosed to Lender in writing or
the Environmental Reports, Borrower has no knowledge of the presence on, under or about the
Project, now or in the past, of any Hazardous Substances, or of the transportation to or from the
Project of any Hazardous Substances. Borrower agrees to construct and/or rehabilitate, operate
and maintain the Project strictly in compliance with all Environmental Laws. Borrower has
provided Lender with true and correct copies of all Environmental Reports and will provide
Lender with copies of any amendments or updates thereto and with any additional reports
prepared with respect to the environmental condition of the Project. Except as specifically
disclosed in the Environmental Reports, Borrower: (a) has not received any notice or otherwise
learned of any Environmental Liability relating to the Project which would individually or in the
aggregate constitute a Material Adverse Occurrence as to Borrower arising in connection with
(i) any non-compliance with or violation of the requirements of any Environmental Law, or
(ii) the release or threatened release of any Hazardous Substance or other substance into the
environment; (b) has no knowledge of any threatened or actual liability in connection with the
release or threatened release of any Hazardous Substance or other substance into the environment
relating to the Project which would individually or in the aggregate constitute a Material Adverse
Occurrence; or (c) has not received any notice or otherwise learned of any federal or state
investigation evaluating whether any remedial action is needed to respond to a release or
threatened release of any Hazardous Substances into the environment where such liability
individually or in the aggregate for all such liabilities would constitute a Material Adverse
Occurrence as to Borrower. Borrower has not received any notice of any violation of any
Environmental Laws relating to the Project where the violation would constitute a Material
Adverse Occurrence as to Borrower.
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6.17 Title/Liens. On the Closing Date and at all times thereafter until Borrower’s obligations
hereunder are satisfied in full, Borrower will have marketable fee simple title to the Project,
subject only to the Permitted Encumbrances. Borrower represents that no work has commenced
on the Project that would cause mechanics liens to take priority over the Deed of Trust unless
approved in writing by Lender and affirmatively covered by the Title Policy. Borrower shall
maintain the lien of the Deed of Trust as a valid first priority lien on the Project and agrees that it
will not suffer or permit any liens (other than the Permitted Encumbrances and Subordinate Loan
Documents) or mechanics’ liens to be claimed or filed or otherwise asserted against the Project
and will promptly discharge the same in case of the filing of any claims for lien or proceedings
for the enforcement thereof, and will pay all special assessments which have been placed in
collection and real estate taxes and assessments of every kind upon the Land, before the same
become delinquent. In the event that any claim of lien is asserted against the Project or any claim
is asserted against Lender by any Person furnishing labor or materials to the Project, Borrower
shall immediately give notice of the same to Lender and shall, promptly and in any event within
ten (10) Business Days, (a) pay and discharge the same, or (b) effect the release thereof by
delivering to Lender a surety bond complying with the requirements of applicable Laws for the
release of the lien or claim, (c) escrowing funds in an amount acceptable to Lender, or (d) obtain
affirmative title insurance coverage insuring over the lien in form and substance acceptable to
Lender. Notwithstanding the foregoing, Lender shall have the right but not the obligation, to
(i) fund a portion of a Draw Request, withholding an amount that Lender deems sufficient to
satisfy any lien, or (ii) accept a cash deposit or other security in lieu of the surety bond described
in clause (b) of the immediately preceding sentence. If Borrower shall fail promptly to discharge
claims, taxes or assessments asserted against Borrower or the Property and cause any judgment or
decree to be satisfied and any lien to be released, then and in any such event Lender may, at its
election (but shall not be required to), procure the release and discharge of any such claim and
any judgment or decree thereon and, further, in its sole discretion effect any settlement or
compromise of the same. Any amounts expended by Lender in connection therewith, including
premiums paid or security furnished in connection with the issuance of any surety bonds, shall be
a Protective Advance. In settling, compromising, discharging or providing indemnity or security
for any claim for lien, tax or assessment, Lender shall not be required to inquire into the validity
or amount thereof. In no event shall Lender be liable to any general contractor, design
professional, subcontractor, materialman or any other Person providing, furnishing or delivering
services, labor, equipment or material to the Project.
6.18 Leases. Except as specifically provided below, each Lease of all or any part of the
Project is subject to Lender’s written approval as to form and substance prior to execution and
delivery. All leases shall require the tenant to comply with all Laws and Borrower shall not lease
any space to a Tenant whose activities would violate any Laws. Borrower shall obtain the written
approval of Lender (and all other parties whose approval is required) of Borrower’s standard form
of residential Lease or rental agreement prior to its use by Borrower. Borrower shall not
materially modify the lease form approved by Lender without Lender ’s prior written consent and
the approval of all other parties whose consent is required.
(a) Notwithstanding the foregoing, Borrower may enter into residential Leases (and
amendments) in the ordinary course of business with bona fide third party
residential tenants without Lender’s prior written consent if Borrower uses the
lease form approved by Lender and complies with all of the following:
(i) Within 15 days after Lender’s written request therefore, Lender receives
a copy of the executed Lease (accompanied by all financial information
and certificates obtained by Borrower pertaining to the tenant, including
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any documentation required for the Unit to qualify for LIHTC, provided
Borrower’s release of the information does not result in any violation of
any applicable clearhousing or privacy laws, or regulations).
(ii) The Lease meets the requirements of Investor and the Credit Agency.
(iii) The Lease reflects an arm’s-length transaction.
(iv) The Lease conforms to the Pro Forma Rents.
(v) The Lease does not affect more than one residential Unit within the
Improvements and any new Lease is for a minimum term of six months
and a maximum term of 12 months, unless otherwise agreed in writing
by Lender.
(vi) As to any LIHTC Units, the Lease meets the standards of, and the tenant
qualifies as an eligible tenant pursuant to, Section 42 of the Internal
Revenue Code and any Regulatory Agreement.
(b) Lender may consider any executed Lease it receives to be unsatisfactory if the
Lease fails to meet any of the requirements of this Agreement. If this happens, or
if Borrower at any time fails to submit to Lender any executed lease (and
accompanying information) at the time required by this Section, or if any Event
of Default has occurred and is continuing, Lender may require Borrower to
submit all future leases for Lender’s approval prior to execution.
(c) Borrower has disclosed to Lender any and all Leases affecting the Project or any
portion of or interest in it. Following Completion, upon the request of Lender,
(i) Borrower shall promptly deliver to Lender copies of tenant income
certificates, leasing schedules and reports, and other leasing information provided
to the Investor, and (ii) if there are commercial tenants occupying any part of the
Project, Borrower shall promptly obtain and deliver to Lender estoppel
certificates, subordination agreements, and/or subordination, nondisturbance, and
attornment agreements in form and substance acceptable to Lender, executed by
such non-residential tenants as Lender from time to time may require.
(d) Lender’s approval of any Lease is for the sole purpose of protecting Lender’s
security and preserving Lender’s rights under the Loan Documents. No approval
by Lender will result in a waiver of any default of Borrower, to no event will
Lender’s approval of any Lease be a representation of any kind by Lender with
regard to the Lease, its enforceability or the financial capacity of any tenant
thereunder or guarantor thereof.
(e) Borrower shall perform all obligations required to be performed by it as landlord
under any Lease affecting all or any part of the Project or any space within the
Improvements.
(f) Upon Lender’s request, Borrower shall provide copies of all initial tenant files
with all information and verifications required by the Credit Agency and any
third party file review. In addition, Borrower shall, if requested by Lender,
provide Lender copies of all annual reporting regarding compliance with LIHTC
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requirements provided to the Credit Agency and copies of tenant files to the
extent necessary to demonstrate compliance with the Credit Agency’s LIHTC
compliance rules.
6.19 Title Insurance Endorsements. Borrower shall deliver to Lender, at Borrower’s sole
expense and in form and content reasonably satisfactory to Lender, all endorsements and binders
to the Title Policy reasonably required by Lender from time to time.
6.20 Sale or Lease of Project. Except for Permitted Transfers, Borrower shall not sell, lease or
otherwise transfer any interest in the Project or the Personal Property (or any interest therein),
other than (a) the lease of residential Units for a term of one-year or less, or (b) disposition of
Personal Property to the extent permitted under Section 7.2 below, without the prior written
consent of Lender, which consent may be withheld in Lender’s sole and absolute discretion.
(a) Transfers requiring Lender’s prior written consent shall include, without
limitation, the following:
(i) involuntary transfers and transfers by operation of law;
(ii) liens and assignments as security for obligations, whether voluntary or
involuntary; and
(iii) the issuance, sale, assignment, disposition, encumbering or other transfer
of any direct or indirect ownership interest in Borrower, General Partner
or Guarantor, whether voluntary or involuntary, by operation of law or
otherwise, other than Permitted Transfers.
(b) No sale, lease or other transfer shall relieve Borrower from primary liability for
its obligations under the Loan Documents or relieve any Guarantor from any
liability under any Guaranty, and Borrower shall deliver to Lender all documents
reasonably required by Lender to evidence its continuing liability.
(c) Notwithstanding anything to the contrary contained herein, the following
transactions are hereby deemed to be expressly permitted hereunder and shall, for
purposes of the Loan Documents, constitute the “Permitted Transfers”:
(i) Issuance of limited partner interests in Borrower as contemplated in the
Partnership Agreement;
(ii) The transfer by the initial Investor approved by Lender of its ownership
interests in Borrower to any other entity which is an Affiliate of the
initial Investor or which is controlled directly by the initial Investor;
provided that, notwithstanding any such transfer, the initial Investor shall
remain primarily obligated to make all Capital Contributions to Borrower
in accordance with and subject to the Partnership Agreement;
(iii) The removal of any General Partner by the Investor approved by Lender,
pursuant to the terms of the Partnership Agreement, and the concurrent
replacement of the removed entity with an Affiliate of the Investor
approved by Lender (or a designee of Investor approved by Lender);
provided that the prior written consent of Lender shall have first been
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obtained (which consent may be conditioned upon the satisfaction of any
conditions imposed by Lender), including without limitation, a
requirement that the substitute Partner provide guaranties in form and
substance satisfactory to Lender; or
(iv) The Subordinate Loans.
6.21 Utilities. The Project is served by water, sewer, sanitary sewer and storm drain facilities
adequate to service the Project for its intended uses. All public utilities necessary or convenient
to the full use and enjoyment of the Project are located either in the public right of way abutting
the Project (which are connected so as to serve the Project without passing over other property) or
in recorded easements serving the Project and described in the Title Policy.
7. Covenants Regarding Maintenance, Operation, Preservation and Repair of Project.
7.1 Maintenance Alteration and Repair. Borrower shall maintain the Project (and all abutting
grounds, sidewalks, roads, parking and landscape areas) in good condition and repair, reasonable
wear and tear excepted, shall operate the Project in a businesslike manner, shall prudently
preserve and protect both its own and Lender’s interests in connection with the Project, shall not
commit or permit any waste or deterioration of the Project, shall not abandon any portion of the
Project, and shall not otherwise act, or fail to act, in such a way as to unreasonably increase the
risk of any damage to the Project or of any other impairment of Lender ’s interests under the Loan
Documents. Borrower shall not remove, demolish or materially alter any Improvement (except as
contemplated in the Plans), except to make non-structural repairs which preserve or increase the
Project’s value, and shall promptly restore, in a good and competent manner, any Improvement
(or other aspect or portion of the Project) that is damaged or destroyed from any cause. All
construction work on the Project, and any other work on the Project shall be done in compliance
with the requirements for the Credits.
7.2 Personal Property. Borrower shall not install in, or use in connection with, the Project
any Personal Property which any Person other than Lender has the right to remove or repossess
under any circumstances, or on which any Person other than Lender has a lien (other than
Permitted Liens). Borrower shall not cause or permit the removal from the Project of any items
of Personal Property (other than tools and equipment used in the development of the Project)
unless: (i) no Event of Default remains uncured, and (ii) Borrower promptly substitutes and
installs on the Project other items of equal or greater value in the operation of the Project, all of
which items shall be free of liens (other than Permitted Liens) and shall be subject to the lien of
the Deed of Trust, and Borrower executes and delivers to Lender all documents required by
Lender in connection with the attachment of the liens to the Personal Property. Borrower shall
keep detailed records of each such removal and shall make the records available to Lender upon
written request from time to time.
7.3 Taxes and Impositions. Borrower shall pay all Impositions prior to delinquency. If
permitted by law, Borrower may pay any Imposition in installments (together with any accrued
interest). Borrower shall maintain the Tax Escrow Account if required by Section 10.2.
(a) Right to Contest. Borrower shall not be required to pay any Imposition so long
as (a) its validity is being actively contested in good faith and by appropriate
proceedings and (b) Borrower has demonstrated to Lender’s satisfaction that
leaving the Imposition unpaid pending the outcome of the proceedings could not
result in conveyance of the Project in satisfaction of the Imposition or otherwise
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impair Lender’s interests under the Loan Documents; provided that Lender may
require Borrower to furnish Lender with a bond or other security satisfactory to
Lender in an amount not less than 150% of the applicable claim.
(b) Evidence of Payment; Tax Reporting Service. Borrower shall (a) deliver to
Lender, within thirty (30) days following the due date of any Imposition,
evidence of payment reasonably satisfactory to Lender and, (b) upon written
notice by Lender upon an Event of Default or Borrower’s failure to pay any
installment of taxes from time to time, Lender may engage, at Borrower ’s
expense, a tax reporting service for the Project.
(c) Property Tax Exemption. If the Project is exempt from taxation, on or prior to
the Closing Date and thereafter within ninety (90) days after the end of each tax
year, there shall be provided to Lender letters from all Governmental Agencies
having real property taxing power over or other similar jurisdiction over the
Project to the effect that the Project is and will remain exempt from all real
property taxation for the immediately succeeding tax year or, if different, the
immediately succeeding real property taxation assessment, levy and collection
cycle for the taxing authority.
7.4 Assessment Districts. Unless otherwise required by applicable Law, Borrower shall not,
without Lender’s prior written consent, cause or suffer to become effective, or otherwise consent
to the formation of, any assessment district, or any other comparable or similar district, area or
territory which includes the Project or any part of the Project which would require the Project to
pay taxes higher than would otherwise be payable or require minimum tax payments or cause or
otherwise consent to the levying of special taxes, assessments or payments in lieu against the
Project or any part thereof, the levying of assessments by any assessment district against the
Project or any part thereof, or the levying of assessments, taxes and/or other Impositions by any
district, area or territory.
8. Other Covenants.
While any obligation of Borrower or Guarantor under the Loan Documents remains outstanding,
the following provisions shall apply, except to the extent that Lender otherwise consents in writing:
8.1 Lists of Personal Property. Borrower shall deliver to Lender from time to time, within
ten (10) days of Lender’s request therefore, a list of all Personal Property then in existence.
8.2 Further Assurances. Borrower shall execute and acknowledge (or cause to be executed
and acknowledged) and deliver to Lender all documents, and take all actions, reasonably required
by Lender from time to time to confirm the rights created or now or hereafter intended to be
created under the Loan Documents, to protect and further the validity, priority and enforceability
of the Security Documents, to subject to the Security Documents any property intended by the
terms of any Loan Document to be covered by the Security Documents, or otherwise to carry out
the purposes of the Loan Documents and the transactions contemplated thereunder.
8.3 Guarantor Net Worth and Liquidity. Borrower shall cause Guarantor to maintain Net
Worth of not less than $25,000,000.00. Borrower shall cause Guarantor to maintain Liquidity of
not less than $5,000,000.00.
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8.4 Subordinate Loan Documents/Affordability Requirements. Borrower shall timely
perform its obligations under the Subordinate Loan Documents. Borrower agrees that:
(a) Lender and its counsel shall (at the cost of Borrower) be provided an opportunity
to review and approve the Subordinate Loan Documents prior to the execution
and delivery thereof.
(b) The terms and conditions upon which the Subordinate Loans will be made will
be pursuant to the understandings memorialized in the commitment of each
Subordinate Lender (as further described below) as provided to and approved by
Lender and its counsel as of the date of this Agreement.
(c) The Subordinate Loan Documents shall be the only documents, agreements and
understandings with respect to the Subordinate Loans, other than the usual and
customary UCC financing statements, which Lender and its counsel shall (at the
cost of Borrower) have been given an opportunity to review and approve.
(d) For all purposes of this Agreement, all documents relating to the Subordinate
Loans shall be considered to be part of the Subordinate Loan Documents.
(e) Borrower acknowledges and agrees that each Subordinate Lender shall be
required to enter into the Subordination Agreements at or prior to the time the
Subordinate Loan Documents are expected to be executed and delivered.
(f) As additional conditions to closing the Loan, Lender shall have received in form
and substance satisfactory to Lender (i) fully-executed Subordinate Loan
Documents from each Subordinate Lender relating to the Subordinate Loans and
identifying all closing and funding conditions related thereto, and (ii) fully
executed Subordination Agreements among Borrower, each Subordinate Lender
and Lender, vesting in Lender (or its assignees or designees), certain rights under
certain circumstances to assume Borrower’s position with respect to the
applicable Subordinate Loan commitment and the transactions relating to the
Subordinate Loans.
(g) If required in writing by Lender within ninety (90) days after the end of each
calendar year, Borrower shall deliver to Lender its certificate signed by a
Designated Representative to the effect that at all tunes during the then ended
annual period, the Project was in full and complete compliance with the
Subordinate Loan Documents and with all local, state and federal affordability
requirements applicable to the Project, as well as any rent limitations imposed in
connection with the credits allocated to the Project, subject in all cases to
applicable cure periods. The certificate shall also contain a statement to the
effect that for the immediately preceding annual period, no default or Event of
Default shall have occurred under any of the Subordinate Loan Documents and
that as of the end of the immediately preceding annual period and as of the date
of the certificate, no conditions, circumstances, or occurrences exist that would
result in, or would, with the passage of time or giving of notice (or both),
reasonably be expected to result in a default.
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(h) Borrower shall not enter into any new Subordinate Loan Documents, or amend,
modify, supplement, cancel or terminate any Subordinate Loan Documents
without the prior written consent of Lender.
8.5 Capital Contributions. The Partnership Agreement shall obligate the Investor to make
Capital Contributions in at least the amounts and at the times set forth in Exhibit E. Borrower
and General Partner shall take all actions necessary to cause the Investor and General Partner to
make the Capital Contributions described on Exhibit E in a timely manner. Borrower and
General Partner shall take all actions necessary to satisfy any conditions necessary for the timely
payments of the Capital Contributions, the proceeds of which shall be promptly deposited by
Borrower in the Bank-Controlled Account, to be disbursed by Lender pursuant to this Agreement.
8.6 Single Asset Borrower. Borrower’s sole business purpose shall be to own and operate
the Project. Borrower (i) shall conduct business only in its own name and under any trade name
for the Project, (ii) shall not engage in any business or have any assets unrelated to the Project,
(iii) shall not have any Indebtedness other than as permitted by this Agreement, (iv) shall have its
own separate books, records, and accounts (with no commingling of assets), (v) shall hold itself
out as being an entity separate and apart from any other person or entity, (vi) shall observe limited
partnership formalities independent of any other entity, and (vii) shall not change its name,
identity, or organizational structure, unless Borrower shall have obtained the prior written consent
of Lender to the change, and shall have taken all actions necessary or requested by Lender to file
or amend any financing statement or continuation statement to assure perfection and continuation
of perfection of Security Interests under the Loan Documents.
8.7 Reserves Required by Investor. Borrower shall establish and fund those reserve accounts
required to be established and maintained pursuant to and in accordance with the Partnership
Agreement, including, without limitation, a rent reserve account and a service reserve account.
8.8 Reappraisal Requirements. Borrower agrees that Lender shall have the right to obtain, at
Borrower’s expense, an appraisal of the Project prepared by an appraiser selected by and
acceptable to Lender and in conformance with governmental regulations applicable to Lender and
approved by Lender at any time that: (a) an Event of Default has occurred hereunder, (b) any
condemnation, damage or destruction of the Project occurs, or (c) such appraisal is required by
then current banking laws or regulations, In the event that Lender shall elect to obtain such an
appraisal, Lender may immediately commission an appraiser, at Borrower’s cost and expense, to
prepare the appraisal and Borrower shall fully cooperate with Lender and the appraiser in
obtaining the necessary information to prepare the appraisal. Provided-that no Event of Default
then exists, Borrower shall not be required to pay for more than one appraisal in any twelve
(12) month period. In the event that any appraisal shall determine that the then outstanding
principal balance of the Loan, together with the undisbursed portion of the Loan which Lender
may be obligated to disburse to Borrower in accordance with the terms and conditions hereof, is
greater than 80 percent of the fair market value of the Project and Borrower fails to prepay,
within 30 days after written notice from Lender to Borrower, the outstanding principal balance of
the Loan to the extent necessary to reduce the sum of said principal balance and such amounts
Lender may be obligated to disburse to Borrower hereunder down to eighty percent (80%) of the
fair market value, such event shall constitute an Event of Default. In the event such appraisal is
required by reason of the damage or destruction of a portion of the Project, the fair market value
shall be calculated on the Project after restoration of the Improvements, but subject only to then
existing Leases which will remain in full force and effect following such restoration.
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8.9 Bond Documents. Borrower shall timely perform its obligations under the Bond
Documents and shall not cause or permit the occurrence of any default under such documents to
which it is a party.
8.10 Tax Certificate. Borrower shall timely comply with all of its obligations under the Tax
Certificate (which Tax Certificate is hereby incorporated herein as fully as if set forth at length
herein).
8.11 Other Tax Covenants.
(a) The Borrower shall make no changes to the Project or to the operation thereof
which would affect the qualification of the Project under the Act (as defined in
the Indenture) or impair the exclusion from gross income for federal income tax
purposes of the interest on the Bonds. The Borrower intends to utilize the
portion of the Project financed with proceeds of the Bonds as multifamily
rental housing during the Qualified Project Period (as defined in the Regulatory
Agreement).
(b) Not in excess of two percent (2%) of the proceeds of the Loan will be used to pay
costs of issuance of the Bonds.
(c) The acquisition, rehabilitation and operation of the Project in the manner
presently contemplated and as described herein and in the Regulatory Agreement
will not conflict with any zoning, water or air pollution or other ordinance, order,
law or regulation applicable thereto. The Borrower will cause the Project to be
constructed and operated in all material respects in accordance with all applicable
federal, state and local laws or ordinances (including rules and regulations)
relating to zoning, building, safety and environmental quality.
(d) The Borrower acknowledges, represents and warrants that it understands the
nature and structure of the Project; that it is familiar with the provisions of all of
the documents and instruments relating to the financing of the Project to which it
is a party; that it understands the risks inherent in such transactions, including
without limitation the risk of loss of the Project; and that it has not relied on the
Issuer for any guidance or expertise in analyzing the financial or other
consequences of such financing transactions or otherwise relied on the Issuer in
any manner except to issue the Bonds in order to provide funds for the Loan.
(e) The Borrower intends to hold the Project for its own account, has no current
plans to sell and has not entered into any agreement to sell the Project.
(f) All of the proceeds from the Loan plus any income from the investment of the
proceeds of the Loan will be used to pay or reimburse the Borrower for Project
Costs (as defined in the Regulatory Agreement), and at least 95% of the proceeds
of the Loan will be used to pay or reimburse the Borrower for Qualified Project
Costs (as defined in the Regulatory Agreement) and less than 25% of such
amount will be used to pay or reimburse the Borrower for the cost of land or any
interest therein. The Borrower shall assure that the proceeds of the Loan are
expended so as to cause the Bonds to constitute a “qualified residential rental
bond” within the meaning of Section 142(d) of the Code.
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(g) The Borrower has not knowingly taken or permitted to be taken and will not
knowingly take or permit to be taken any action which would have the effect,
directly or indirectly, of causing interest on any of the Bonds to be included in
the gross income of the owners thereof for purposes of federal income taxation,
except for any owner that is a “substantial user” of the Project or a “related
person” within the meaning of Section 147(a) of the Code (as defined in the
Indenture).
(h) The Borrower covenants that it shall not take, or permit or suffer to be taken by
the Bondowner Representative or otherwise, any action with respect to the
proceeds of the Bonds which if such action had been reasonably expected to have
been taken, or had been deliberately and intentionally taken, on the date of
issuance of the Bonds would have caused the Bonds to be “arbitrage bonds”
within the meaning of Section 148(a) of the Code.
8.12 Additional Borrower Equity. Commencing with the calendar quarter ending June 30,
2016, and continuing during each calendar quarter thereafter until the Maturity Date, within
fifteen (15) days following the end of each such quarter, Borrower shall deposit an amount equal
to lesser of (x) $_____ or (y) the Net Operating Income from the Property for the immediately
preceding calendar quarter, into the Bank-Controlled Account. All such Net Operating Income
shall be used to pay for Project Costs in accordance with the Budget.
9. Covenants Regarding Insurance and Condemnation.
9.1 Insurance, Casualty and Condemnation. In addition to any provisions regarding or
requiring property, casualty or other insurance and the application of any proceeds thereof which
may be found in the Deed of Trust or any other Loan Document:
(a) Policies Required. While any obligation of Borrower or any Guarantor under
any Loan Document remains outstanding, Borrower shall maintain at Borrower’s
sole expense, with insurers reasonably approved by Lender, the policies of
insurance, in form and substance reasonably satisfactory to Lender, identified in
Exhibit L attached hereto and all other insurance reasonably required by Lender
from time to time for commercial loans made for residential rental properties.
All insurance shall meet all of the requirements set forth in Exhibit L and shall
provide that it may not be cancelled or materially modified without thirty
(30) days’ prior written notice to Lender. No insurance shall include deductible
amounts to which Lender has not previously consented in writing. Certificates of
insurance for the required policies (and/or original policies, if required by
Lender) shall be delivered to Lender annually and otherwise from time to time
within ten (10) days after demand therefore. All policies insuring against
damage to the Improvements shall contain an agreed value clause sufficient to
eliminate any risk of co-insurance. No less than thirty (30) days prior to the
expiration of each policy, Borrower shall deliver to Lender evidence of renewal
or replacement of the policy reasonably satisfactory to Lender.
(b) Claims and Proceedings. Borrower shall give Lender immediate notice of any
casualty to any portion of the Project, and of the institution or, if Borrower
obtains actual knowledge of any threatened institution, the threatened institution,
of any proceeding for the condemnation or other taking for public or quasi-public
use of any portion of the Project (collectively, “Condemnation”), and shall
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provide Lender with copies of all documents in Borrower’s possession which
pertain to any casualty or Condemnation. Borrower shall take all action
reasonably required by Lender in connection therewith to protect the interests of
Borrower and Lender, and Lender shall be entitled (without regard to the
adequacy of its security) to participate in any action, claim, adjustment or
proceeding and to be represented therein by counsel of its choice.
(c) Delivery of Proceeds to Lender. In the event that, notwithstanding the “lender’s
loss payable endorsement” requirement set forth in Exhibit L, the proceeds of
any casualty insurance policy described herein are paid to Borrower, Borrower
shall deliver such proceeds to Lender immediately upon receipt for deposit in the
Bank-Controlled Account.
(d) Application of Casualty Insurance Proceeds. Any proceeds collected (the
“Proceeds”) under any casualty insurance policy described in this Agreement
shall be disbursed to Borrower as provided below, but only upon fulfillment of
each of the following conditions (the “Restoration Conditions”) within sixty
(60) days following the occurrence of the damage for which the Proceeds are
collected:
(i) Borrower shall have demonstrated to Lender’s satisfaction that the
Proceeds (together with amounts deposited by Borrower pursuant to
subparagraph (ii)) will be adequate to repair the Improvements to the
condition which existed immediately prior to such damage or destruction
and to restore the fair market value of the Project, within a time period
reasonably determined by Lender and at least six months prior to the
Maturity Date, to at least the value the Project had immediately prior to
sustaining the damage. Such demonstration shall include delivery to
Lender of (A) plans and specifications reasonably satisfactory to Lender
and (B) a construction contract in form and content, and with a
contractor, reasonably satisfactory to Lender.
(ii) To the extent that the Proceeds are insufficient to accomplish the
restoration required above, Borrower shall have delivered funds to
Lender (the “Shortfall Funds”) in the amount of the shortfall, which
funds shall be assigned to Lender as security for Borrower’s obligations
hereunder and held and disbursed in the same manner as the Proceeds.
(iii) Borrower shall have executed such documents as Lender requires to
evidence and secure Borrower’s obligation to use all amounts disbursed
for the diligent restoration of the Project, including a contract with a
Project Inspector selected by Lender and engaged by the Lender at
Borrower’s expense, to inspect the progress of the repair.
(iv) No Event of Default, or event that with notice or the passage of time or
both would constitute an Event of Default, shall then exist.
Any Proceeds and Shortfall Funds to be disbursed to Borrower shall be held by Lender in the
Bank-Controlled Account and disbursed in accordance with the disbursement procedures and
related provisions set forth in this Agreement (if any) and all other disbursement provisions then
customarily required by Lender. Any amounts remaining undisbursed following Completion
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shall be returned to Borrower up to the amount of any Shortfall Funds deposited by Borrower,
and any other amounts remaining shall either be paid to Borrower or applied by Lender against
any obligations to Lender that are secured by a lien on the Project, as Lender elects in its absolute
discretion.
In the event that Borrower fails to fulfill the Restoration Conditions within sixty (60) days
following the date on which the damage occurs, the Proceeds shall be applied by Lender against
any obligations to Lender that are secured by a lien on the Project, and the selection of which
obligations to apply the Proceeds against shall be made by Lender in its absolute discretion.
(e) In the event the Improvements cannot be fully rebuilt or restored then the
applicable provisions of the Loan Documents relating to reappraisals,
remargining and prepaying (in whole or in part) the Loan shall be employed to
determine to what extent, if any, the Loan is to be remargined and prepaid,
whether as a result of decreased value, decreased Project revenues, reduced cash
flows or otherwise but giving credit for business interruption insurance, if any.
Notwithstanding the foregoing, any proceeds not used to pay costs of rebuilding
and restoring the Project shall be used to prepay, in whole or in part, the Loan
and to pay costs associated therewith, including without limitation, any
prepayment premium, breakfunding, yield maintenance, termination or breakage
fees or other similar amounts.
(f) Restoration. Nothing in this Section 9.1 shall be construed to excuse Borrower
from repairing and restoring all damage to the Project in accordance with other
Loan Document provisions, regardless of whether insurance proceeds are
available or sufficient for such purpose.
(g) Treatment of Compensation. Borrower hereby assigns to Lender, as security for
all obligations to Lender secured by a lien on the Project, all amounts payable to
Borrower in connection with any Condemnation, and any proceeds of any related
settlement (collectively, “Compensation”). Borrower shall deliver all
Compensation to Lender immediately upon receipt. In the event that Lender
chooses, in its absolute discretion, to waive the Event of Default described in
Section 15.1(g), any Compensation received by Lender shall be (i) disbursed to
Borrower for repairs and reconstruction in accordance with the rights, procedures
and other provisions set forth in this Agreement for the application of casualty
insurance proceeds (including, without limitation, requirements with respect to
Borrower’s deposit of Shortfall Funds) and/or (ii) applied by Lender against
obligations to Lender secured by a lien on the Project in such order as Lender
shall determine in its absolute discretion.
(h) CCP Section 1265.225(a). Borrower hereby unconditionally, and irrevocably
waives all rights of a property owner under Section 1265.225(a) of the California
Code of Civil Procedure or any successor statute providing for the allocation of
condemnation proceeds between a property owner and a lien holder.
(i) California Civil Code Section 2955.5(a). Borrower is aware that California Civil
Code Section 2955.5(a) provides as follows: No lender shall require a borrower,
as a condition of receiving or maintaining a loan secured by real property, to
provide hazard insurance coverage against risks to the improvements on that real
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property in an amount exceeding the replacement value of the improvements on
the property.
10. Covenants Regarding Required Accounts; Security Agreement.
During the term of the Loan, Borrower shall maintain the following accounts (“Required
Accounts”):
10.1 Tenant Security Deposit Account. Borrower shall maintain an account at Lender (the
“Security Deposit Account”) into which Borrower shall deposit all Security Deposits required for
residential tenants of the Project under the terms and conditions of their Leases with Borrower.
Withdrawals from the Security Deposit Account shall be solely for the purpose of returning
Security Deposits to residential tenants in accordance with the terms and conditions of their
Leases.
10.2 Tax Escrow Account. Upon the occurrence of an Event of Default and any time
thereafter, Lender may require Borrower to deposit with Lender in the Tax Escrow Account, an
amount each month equal to 1/12th of the aggregate amount which Lender estimates will be
required to pay the annual amount required to pay Impositions. The purpose of these provisions
is to provide sufficient funds on hand for Lender to pay the Imposition charges. If the funds so
deposited are insufficient to pay the Impositions when the same shall become due and payable,
Borrower shall provide such additional funds as may be necessary to pay the Impositions in full.
If Borrower is not required to make payments into the Tax Escrow Account, Borrower shall
provide evidence to Lender that the Impositions have been paid within ten (10) days after making
such payment.
10.3 Insurance Escrow Account. Upon the occurrence of an Event of Default and at any time
thereafter, Lender may require Borrower to deposit with Lender in the Insurance Escrow
Account, which account shall be maintained at Lender, an amount each month equal to 1/12th of
the amount which Lender estimates will be required to make the aggregate annual payments of
the premiums for the policies of insurance required by this Agreement (“Insurance Premiums”).
The purpose of these provisions is to provide sufficient funds on hand for Lender to pay all the
Insurance Premiums 30 days before the date on which they become past due. Borrower shall
provide any additional funds as are necessary to make up any deficiencies in amounts necessary
to pay the Insurance Premiums when due. If Borrower is not required to make payments into the
Tax Escrow Account, Borrower shall provide evidence to Lender at least 30 days before the term
of the existing insurance expires, that the Insurance Premiums have been paid.
10.4 Operating Account. Borrower agrees to open and maintain the Operating Account for the
Project at the Lender.
10.5 Bank-Controlled Account. Borrower shall establish the Bank-Controlled Account at the
Lender.
10.6 Intentionally Omitted.
10.7 Construction Disbursement Account. Borrower shall maintain the Construction
Disbursement Account for deposit of the proceeds of the Loan and other Funding Sources as
required to fund a pending Draw Request.
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10.8 Security Agreement for Required Accounts. Borrower shall open and maintain at Lender
the Required Accounts under the terms and conditions set forth above together with any successor
accounts and all subaccounts of any of the foregoing as well as such other accounts as Lender,
may reasonably request and which are commercially customary for similar projects. As
additional security for Borrower’s obligations under the Loan Documents, Borrower hereby
grants to Lender a first lien security interest in each of the Required Accounts, whether now
existing or hereafter established, and all funds from time to time on deposit therein. Borrower
shall maintain each Required Account free and clear of any claim, lien or other encumbrance
other than the security interest granted to Lender hereunder. Upon the occurrence of an Event of
Default, Borrower grants to Lender a full right of set-off with respect to all or any portion of the
funds on deposit in the Required Accounts and any and all interest accrued thereon, if any, which
right may be exercised at any time following the occurrence of an Event of Default. Lender may,
to the maximum extent permissible by law, apply any or all of the funds in the Required
Accounts, including accrued interest, if any, toward the unpaid balance of the Loan and/or to any
other amounts which may be due and owing under the Loan Documents. The parties
acknowledge and agree that each of the Required Accounts is a “deposit account” within the
meaning of 9-104 of the UCC. The parties further acknowledge and agree that California
constitutes the “Lender’s jurisdiction” with respect to the perfection, the effect of perfection or
non-perfection, and the priority of a security interest in a deposit account maintained at a Lender
under 9-304(b)(l) of the UCC. Lender shall at all times have “control” of the Required Accounts
and all assets now or hereafter credited thereto within the meaning of Section 9-106 of the UCC
or Section 9-104(a) of the UCC for purposes of maintaining its first and prior perfected security
interest therein.
11. Financial Covenants.
11.1 Intentionally Omitted.
11.2 Limitation on Distributions. Prior to the Conversion Date, no Distribution of Net
Operating Income shall be made to Borrower, Guarantor, or any Partner or Affiliate of Borrower
or Guarantor for any purpose other than Permitted Developer Fee Payments in strict accordance
with the Budget and Developer Fee Subordination Agreement.
11.3 Limitations on Additional Indebtedness and Other Transactions. Borrower and General
Partner shall not, without the prior written consent of Lender, in Lender’s sole discretion, incur
any Indebtedness of any kind, secured or unsecured, other than the Loan and the Subordinate
Loans, provided that in the instance of the Subordinate Loans, the Subordination Agreement shall
remain in full force and effect and of record in the real property records of the County at all times
while any portion of the Loan or the amounts payable under or in respect of the Loan Documents
remain unpaid.
12. Reporting Requirements.
12.1 Financial and Covenant Compliance Reporting Requirements.
(a) Borrower shall furnish and, as appropriate, cause Guarantor to furnish, to Lender
the following in form reasonably acceptable to Lender:
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REPORTING PARTY REQUIRED STATEMENT TO BE RECEIVED BY
1. Borrower After Completion, annual audited
financial statement prepared in
accordance with GAAP (CPA
Compiled, at a minimum), and
certified by each reporting party,
which shall include balance sheets and
income statements
Within 120 days of the end of each
Fiscal Year during the term of the
Loan
2. Borrower After Completion, the monthly (i) rent
roll, (ii) Operating Statement, and
(iii) leasing status report for the
Project (to be prepared and certified by
reporting party)
Within 30 days of the end of each
calendar month between
Completion Date and the Maturity
Date
3. Borrower After Completion, proposed Operating
Budget for upcoming Fiscal Year
At least 30 days after the
commencement of each Fiscal
Year
4. Borrower After Completion, annual federal tax
returns, including K-1’s (to be
prepared and certified by reporting
party)
Within 30 days of filing, and in
any event no later than
November 30 of each year during
the term of the Loan
5. Borrower Compliance Certificate Within 30 days of the end of each
calendar quarter during the term of
the Loan
6. Guarantor Annual audited financial statements
(CPA reviewed, at a minimum) and
certified by each reporting party
Within 180 days after the end of
each Fiscal Year during the term
of the Loan
7. Guarantor Quarterly Guarantor Compliance
Certificate (with bank statements if
funds are not held with Lender, and
any other documentation satisfactory
to Lender to support Net Worth and
Liquidity requirements)
Within 30 days after each calendar
quarter during the term of the
Loan
8. Guarantor Annual federal tax returns (to be
prepared and certified by the reporting
party)
Within 30 days of the filing, and
in any event no later than
November 30 of each year during
the term of the Loan
9. Borrower Evidence that Impositions have been
paid in accordance with Section 10.2
Annually at least 10 days before
payment is due
10. Borrower Evidence that the Insurance
Requirements set forth on Exhibit L
Annually at least 10 days before
any insurance renewal is required
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REPORTING PARTY REQUIRED STATEMENT TO BE RECEIVED BY
have been satisfied (e.g. insurance
certificates) that Insurance Premiums
have been paid in accordance with
Section 10.3
or as otherwise required by Lender
11. Guarantor Update to schedule or real estate
holdings
Semi-annually within thirty days
after each 6/30 and 12/31 during
the term of the Loan
(b) Electronic Submissions. Subject to Lender’s consent as to format and delivery
method, Borrower may submit records to Lender in accordance with this Section
in an electronic format (pdf, cd, etc.).
12.2 Notice of Certain Matters. Borrower shall give notice to Lender, within ten (10) days
after Borrower obtains actual knowledge thereof, of each of the following:
(a) any litigation or claim affecting or relating to the Project and involving an
amount in excess of $25,000; and any litigation or claim that might subject
Borrower, General Partner or Guarantor to liability in excess of $50,000, whether
covered by insurance or not;
(b) any dispute between Borrower and any Governmental Agency relating to the
Project, the adverse determination of which might materially affect the Project,
or any threat of any eminent domain action against the Property or any part
thereof;
(c) any trade name hereafter used by Borrower and any change in Borrower’s
principal place of business;
(d) any circumstance that renders the Budget materially inaccurate with respect to
any estimated Project Cost;
(e) any aspect of the Project that is not in substantial conformity with the Plans;
(f) any Event of Default or event which, with the giving of notice or the passage of
time or both, would constitute an Event of Default;
(g) any default by Borrower or any other party under any Construction Document, or
the receipt by Borrower of any notice of default under any Construction
Document;
(h) the creation or imposition of any mechanics’ lien or other lien against the Project;
(i) any default by Borrower under any Bond Documents, or the receipt by Borrower
of any notice of default under any Bond Documents;
(j) any default by Borrower under any Subordinate Loan Documents, or the receipt
by Borrower of any notice of default under any Subordinate Loan Documents;
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(k) any default by Borrower under the Permanent Commitment;
(l) the presence of any Hazardous Substances on, under or about the Project other
than Hazardous Substances permitted pursuant to the Environmental Indemnity
Agreement; any enforcement, clean-up, removal or other action or requirement of
any Governmental Agency relating to any Hazardous Substances; and the
existence of any occurrence or condition on any property in the vicinity of the
Project that could cause any portion of the Project to be subject to any restrictions
relating to Hazardous Substances;
(m) any Material Adverse Occurrence;
(n) receipt of any notice or any other information of any action by the Credit Agency
or any Limited Partner relating to a reduction in the amount of Credits available
to the Project, noncompliance with the Tax Credit LURA or any adverse change
in the facts and circumstances necessary for the Limited Partners to make the
Capital Contributions;
(o) any changes to Borrower’s Organizational Documents, General Partner’s
Organizational Documents or Guarantor’s Organizational Documents; and
(p) any changes in the terms or amount of the Subordinate Loans.
12.3 Additional Reports and Information. Borrower shall maintain complete books of account
and other records reflecting the operations of the Project in accordance with generally accepted
accounting principles applied on a consistent basis or in accordance with such other principles or
methods as are reasonably acceptable to Lender. Borrower shall deliver to Lender, in form and
substance reasonably satisfactory to Lender and within ten (10) days of Lender’s written request
therefore from time to time, (a) copies of all financial statements and reports that Borrower sends
to its partners, (b) copies of all reports which are available for public inspection or which
Borrower is required to file with any Governmental Agency, and (c) all other information relating
to Borrower, General Partner, Guarantor, the Project or the Loan reasonably required by Lender
from time to time. Borrower and General Partner shall also deliver to Lender copies of all
applications, approvals and other communications and correspondence relating to the Credits.
12.4 Keeping Guarantor Informed. Borrower shall keep Guarantor informed of Borrower’s
financial condition and business operations, the condition and all uses of the Project, including all
changes in condition or use, and any and all other circumstances that might affect Borrower’s
ability to pay or perform its obligations under the Loan Documents, In addition, Borrower must
deliver to Guarantor all of the financial information relating to Borrower or the Project described
in Section 12.1 within the times given in that Section.
12.5 Partnership Agreement. Except as required in connection with a Permitted Transfer,
neither Borrower nor General Partner shall amend, modify, supplement or restate their governing
documents without the prior written consent of Lender, nor shall either Borrower or General
Partner cancel or terminate their respective governing documents without the prior written
consent of Lender.
12.6 Prohibited Transactions. Borrower shall not, without the prior written consent of Lender,
engage directly or indirectly in any off balance sheet, hedge or derivative transactions, including
without limitations, interest rate swaps and interest rate caps except with Lender and its Affiliates
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and subsidiaries. In addition to the foregoing, Borrower shall not cause or allow the proceeds of
the Loan to be invested except in a federally insured account without the prior written consent of
Lender.
12.7 Bond Documents, Subordinate Loan Documents or Permanent Commitment. Borrower
shall not enter into any new Bond Documents or Subordinate Loan Documents or amend, modify,
supplement, cancel or terminate any Bond Documents, Subordinate Loan Documents or the
Permanent Commitment without the prior written consent of Lender.
12.8 Tax Certificate. Borrower shall timely comply with all of its obligations under the Tax
Certificate (which Tax Certificate is hereby incorporated herein as fully as if set forth at length
herein).
12.9 Cooperation in Enforcement of Regulatory Agreement. The Borrower hereby covenants
and agrees as follows:
(a) to comply with all provisions of the Regulatory Agreement;
(b) to advise the Issuer and the Administrator (as defined in the Regulatory
Agreement) in writing promptly upon learning of any default with respect to the
covenants, obligations and agreements of the Borrower set forth in the
Regulatory Agreement;
(c) upon written direction by the Issuer, to cooperate fully and promptly with the
Issuer in enforcing the terms and provisions of the Regulatory Agreement; and
(d) to file in accordance with the time limits established by the Regulatory
Agreement all reports and certificates required thereunder, and the Certification
to the Secretary of the Treasury required by Section 4(d) of the Regulatory
Agreement.
The Issuer shall not incur any liability in the event of any breach or violation of the Regulatory
Agreement by the Borrower, and the Borrower agrees to indemnify the Issuer from any claim or liability
for such breach pursuant to Section 9 of the Regulatory Agreement.
12.10 Indemnification of the Issuer and Bondowner Representative.
(a) To the fullest extent permitted by law, the Borrower agrees to indemnify, hold
harmless and defend the Issuer and the Bondowner Representative, and each of
their respective officers, governing members, directors, officials, employees,
attorneys and agents (collectively, the “Indemnified Parties”), against any and all
losses, damages, claims, actions, liabilities, costs and expenses of any
conceivable nature, kind or character (including, without limitation, reasonable
attorneys’ fees, litigation and court costs, amounts paid in settlement and
amounts paid to discharge judgments) to which the Indemnified Parties, or any of
them, may become subject under or any statutory law (including federal or state
securities laws) or at common law or otherwise, arising out of or based upon or in
any way relating to:
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(i) the Loan Documents or the Regulatory Agreement, or the execution or
amendment of any thereof or in connection with transactions
contemplated thereby, including the issuance and sale of the Bonds;
(ii) any act or omission of the Borrower or any of its agents, contractors,
servants, employees or licensees in connection with the Loan or the
Project, the operation of the Project, or the condition, environmental or
otherwise, occupancy, use, possession, conduct or management of work
done in or about, or from the planning, design, acquisition, installation or
rehabilitation of, the Project or any part thereof;
(iii) any lien or charge upon payments by the Borrower to the Issuer and/or
Bondowner Representative hereunder, or any taxes (including, without
limitation, all ad valorem taxes and sales taxes), assessments, impositions
and other charges imposed on the Issuer in respect of any portion of the
Project;
(iv) any violation of any environmental law, rule or regulation with respect
to, or the release of any toxic substance from, the Project or any part
thereof;
(v) the defeasance and/or redemption, in whole or in part, of the Bonds;
(vi) any untrue statement or misleading statement or alleged untrue statement
or alleged misleading statement of a material fact by the Borrower
contained in any closing certificate, offering statement or disclosure or
continuing disclosure document for the Bonds or any of the documents
relating to the Bonds to which the Borrower is a party, or any omission
or alleged omission from any offering statement or disclosure or
continuing disclosure document for the Bonds of any material fact
necessary to be stated therein in order to make the statements made
therein by the Borrower, in the light of the circumstances under which
they were made, not misleading;
(vii) any declaration of taxability of interest on the Bonds, or allegations (or
regulatory inquiry) that interest on the Bonds is taxable, for federal tax
purposes; and
(viii) the Bondowner Representative’s acceptance or administration of the
Indenture, or the exercise or performance of any of its powers or duties
thereunder or under any of the documents relating to the Bonds to which
it is a party;
except (A) in the case of the foregoing indemnification of the Bondowner Representative or any its
officers, members, directors, officials, employees, attorneys and agents, to the extent such damages are
caused by the gross negligence or willful misconduct of such Indemnified Party, or (B) in the case of the
foregoing indemnification of the Issuer or any of its officers, members, directors, officials, employees,
attorneys and agents, to the extent such damages are caused by the willful misconduct of such
Indemnified Party; and provided that this Section is not intended to give rise to a right of the Issuer or the
Bondowner Representative to claim payment of the principal and accrued interest with respect to the
Loan as a result of an indemnified third party claim. In the event that any action or proceeding is
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brought against any Indemnified Party with respect to which indemnity may be sought hereunder, the
Borrower, upon written notice from the Indemnified Party, shall assume the investigation and defense
thereof, including the employment of counsel selected by the Indemnified Party, and shall assume the
payment of all expenses related thereto, with full power to litigate, compromise or settle the same in its
sole discretion; provided that the Indemnified Party shall have the right to review and approve or
disapprove any such compromise or settlement. Each Indemnified Party shall have the right to employ
separate counsel in any such action or proceeding and participate in the investigation and defense thereof,
and the Borrower shall pay the reasonable fees and expenses of such separate counsel; provided, however,
that such Indemnified Party (other than Issuer) may only employ separate counsel at the expense of the
Borrower if in the judgment of such Indemnified Party a conflict of interest exists by reason of common
representation or if all parties commonly represented do not agree as to the action (or inaction) of counsel.
Notwithstanding any transfer of the Project to another owner in accordance with the provisions of this
Loan Agreement, the Borrower shall remain obligated to indemnify each Indemnified Party pursuant to
this Section if such subsequent owner fails to indemnify any party entitled to be indemnified hereunder,
unless such Indemnified Party has consented to such transfer and to the assignment of the rights and
obligations of the Borrower hereunder.
(b) The rights of any persons to indemnity hereunder and rights to payment of fees
and reimbursement of expenses hereof shall survive the final payment or
defeasance of the Bonds and in the case of the Bondowner Representative any
resignation or removal. The provisions of this Section shall survive the
termination of this Loan Agreement.
12.11 Tax Exempt Status of Bonds.
(a) It is the intention of the Issuer and the Borrower that interest on the Bonds shall
be and remain excludable from gross income of the ____ of the Bonds for federal
income taxation purposes, (except for interest on any Bod for any period during
which such Bond is owned by and person who is and substantial user of the
Project or a related person within the meaning of Section 147(a) of the Code) and
to that end the covenants and agreements of the Borrower in this Section are for
the benefit of the Bondowners and the Issuer.
(b) The Borrower covenants and agrees that it will not use or permit the use of any of
the funds provided by the Issuer or the Bondowner Representative hereunder or
any other funds of the Borrower, directly or indirectly, in such manner as would,
or enter into, or allow any “related person” (as defined in Section 147(a)(2) of the
Code) to enter into, any arrangement, formal or informal, that would, or take or
omit to take any other action that would cause the Bonds to be “arbitrage bonds”
within the meaning of Section 148 of the Code or “federally guaranteed” within
the meaning of Section 149(b) of the Code and applicable Regulations.
(c) In the event that at any time the Borrower is of the opinion or becomes otherwise
aware that for purposes of this Section it is necessary to restrict or to limit the
yield on the investment of any moneys held under the Indenture or otherwise by
the Bondowner Representative as the Lender, the Borrower shall determine the
limitations and so instruct the Bondowner Representative in writing and cause
the Bondowner Representative to comply with those limitations under the
Indenture.
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(d) The Borrower will take such action or actions as may be reasonably necessary in
the opinion of Bond Counsel or of counsel to the Issuer, or of which it otherwise
becomes aware, to fully comply with Section 148 of the Code as it applies to the
Bonds and the Loan.
(e) The Borrower further agrees that it shall not discriminate on the basis of race,
creed, color, sex, sexual preference, source of income (e.g. AFDC, SSI), physical
disability, national origin or marital status in the lease, use or occupancy of the
Project or in connection with the employment or application for employment of
persons for the rehabilitation, operation or management of the Project, to the
extent required by applicable State or federal law.
(f) The Borrower further warrants and covenants that it has not executed and will
not execute any other agreement, or any amendment or supplement to any other
agreement, with provisions contradictory to, or in opposition to, the provisions,
of this Loan Agreement and of the Regulatory Agreement, and that in any event,
the requirements of this Loan Agreement and the Regulatory Agreement are
paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith and therewith.
(g) The Borrower will use due diligence to complete the acquisition and
rehabilitation of the Project and reasonably expects to expend the full authorized
principal amount of the Loan within twenty-four months of the date of this Loan
Agreement.
(h) The Borrower will calculate or cause to be calculated, at the times required by
the Code, any rebate due to the federal government in respect of the Bonds, and
will make timely payment of any rebate amount due to the federal government.
12.12 Useful Life. The Borrower hereby represents and warrants that, within the meaning of
Section 147(a)(14) of the Code, the average maturity of the Bonds does not exceed one hundred twenty
percent (120%) of the average reasonably expected remaining economic life of the facilities being
financed with the proceeds of the Bonds.
12.13 Federal Guarantee Prohibition. The Borrower shall take no action, nor permit nor 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.
12.14 Prohibited Facilities. The Borrower represents and warrants that no portion of the
proceeds of the Loan will be used to provide any airplane, skybox or other private luxury box, health club
facility, facility primarily used for gambling, or store the principal business of which is the sale of
alcoholic beverages for consumption off premises, and no portion of the proceeds of the Loan will be
used for an office unless (i) the office is located on the premises of the facilities constituting the Project
and (ii) not more than a de minimis amount of the functions to be performed at such office is not related
to the day-to-day operations of the Project.
13. LIHTC and Other Credit Covenants.
13.1 Compliance with Credit Requirements. Borrower and General Partner shall take all
actions required to preserve its entitlement to and eligibility for the Credits. Borrower and
General Partner shall give Lender prompt notice of any notice from a state or federal authority
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that adversely affects Borrower’s or General Partner’s entitlement to the Credits or the amount of
the Credits. Borrower and General Partner shall also provide Lender with prompt notice of any
alleged setoff or defense to any Limited Partner’s obligations to make the additional Capital
Contributions required by the Partnership Agreement. Borrower and General Partner will comply
with all state and federal laws, regulations and rulings regarding the Credits including, but not
limited, to all regulations and rulings issued by the Internal Revenue Service and the Credit
Agency. Without limiting the foregoing, Borrower shall timely file all certifications and reports
required by the Credit Agency to the extent feasible, Borrower shall provide copies of the
certificates and reports and the LIHTC documents in an electronic format reasonably required by
Lender, in connection with the Credits and shall deliver copies of those certifications and reports
to Lender concurrently with filing the same. Borrower shall timely submit applications for
the 8609 for the LIHTC. If Borrower does not submit the application for the 8609 or any other
documents required to obtain the Credits on a timely basis, Borrower authorizes Lender to submit
the required documentation on Borrower’s behalf. Lender may contact the Borrower’s
accountant or Lender may engage a different accountant to complete the necessary submissions at
Borrower’s expense. Nothing herein shall obligate Lender to prepare or submit any required
documentation to obtain the Credits.
13.2 Compliance and Cooperation in Enforcement of Tax Credit LURA and Regulatory
Agreement. Borrower hereby covenants and agrees as follows:
(a) to comply with all applicable provisions of Section 42 of the Internal Revenue
Code, the Tax Credit LURA and the Regulatory Agreement;
(b) to advise Lender in writing promptly upon learning of any default with respect to
the covenants, obligations and agreements of Borrower set forth in the Tax Credit
LURA and the Regulatory Agreement;
(c) upon written direction by Lender, to cooperate fully and promptly in enforcing
the terms and provisions of the Tax Credit LURA and Regulatory Agreement;
(d) to file in accordance with the time limits established by the Tax Credit LURA
and Regulatory Agreement, as applicable, all reports and certificates required
thereunder, and provide Lender a recorded copy thereof;
(e) to promptly provide Lender copies of all Form 8609s received by Borrower; and
(f) to immediately provide Lender copies of all Form 8823s that Borrower receives
from the Credit Agency or other evidence of non-compliance with LIHTC
requirements that Borrower receives from a Governmental Agency, together with
the Borrower’s plan for correcting the non-compliance and when corrected,
evidence of the correction.
Lender shall not incur any liability in the event of any breach or violation of the Tax Credit
LURA or the Regulatory Agreement, and Borrower agrees to indemnify Lender from any claim
or liability for breach or purported breach thereof.
14. Intentionally Omitted.
15. Defaults and Remedies.
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15.1 Events of Default. The occurrence of any of the following, whatever the reason
therefore, shall constitute an Event of Default:
(a) Borrower fails to make any payment of principal and/or interest under the Note
within ten (10) days when the payment first becomes due and payable; or
(b) Borrower fails to perform any other obligation for the payment of money (other
than as described in any other subparagraph of this Section 15.1) under any Loan
Document executed by Borrower within five (5) Business Days after Lender
gives Borrower written notice that the obligation was not performed; or
(c) Borrower fails to pay insurance premiums or charges or fails to pay real estate
taxes or similar charges, as and when required by this Agreement; or
(d) Borrower or General Partner fails to timely perform any other obligation (other
than as described in any other subparagraph of this Section 15.1) under this
Agreement or any of the Loan Documents executed by Borrower or General
Partner, and, to the extent the failure is capable of being cured, the failure is not
cured within thirty (30) days after the earlier of (i) the date Lender gives
Borrower written notice that the obligation was not performed, or (ii) the date
Borrower or General Partner first obtains knowledge of the failure to perform;
provided that, if cure cannot reasonably be effected within the 30-day period, the
failure shall not be an Event of Default so long as Borrower or any General
Partner promptly (in any event, within ten (10) days after receipt of the notice)
commences cure, and thereafter diligently (in any event within sixty (60) days
after receipt of the notice) prosecutes such cure to completion; provided further,
however, that if a specific cure period is separately provided for the breach or
failure under this Agreement or any of the other Loan Documents, then that cure
period shall apply, and no additional cure period shall be provided under this
Section 15.1(d): or
(e) Any Guarantor fails to timely perform any obligation under any Guaranty
executed by such Guarantor in connection with the Loan; or
(f) Any representation or warranty in this Agreement or any other Loan Document
proves to have been incorrect in any material respect when made or at the time of
any disbursement of the proceeds of the Loan; or
(g) All or any material portion of the Project is condemned, seized or appropriated
by a Governmental Agency; or
(h) The Project is materially damaged or destroyed by fire or other casualty, unless
Borrower fulfills the Restoration Conditions set forth in the insurance provisions
of this Agreement within sixty (60) days of such damage or destruction or receipt
of insurance proceeds, whichever is later, and thereafter diligently restores the
Project in accordance with this Agreement; or
(i) Work on the Project ceases for thirty (30) consecutive days for any reason other
than Force Majeure, provided that the same do not, in the aggregate and in
Lender’s reasonable judgment, threaten to delay the Completion of the Project
beyond the required Completion Date set forth in this Agreement; or
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(j) Any contractor for the Project whose contract exceeds $100,000 in value,
including the General Contractor, materially breaches such contract, and the
breach continues beyond any applicable notice and cure period, and Borrower
fails to enter into an agreement with a substitute contractor acceptable to Lender
within the Budget allocation for such contract, within thirty (30) days after such
event; or
(k) Borrower, any General Partner, any Guarantor is dissolved, liquidated or
terminated, or all or substantially all of the assets of Borrower, General Partner or
any Guarantor are sold or otherwise transferred without Lender’s prior written
consent, or, except for a Permitted Transfer, there is any transfer of the
ownership interests of Borrower, General Partner or any Guarantor; or
(l) Borrower, any Partner or any Guarantor is the subject of an order for relief by a
bankruptcy court, files a voluntary petition for bankruptcy or is unable or admits
its inability to pay its debts as they mature, or makes an assignment for the
benefit of creditors; or Borrower, any Partner or any Guarantor applies for or
consents to the appointment of any receiver, trustee, custodian, conservator,
liquidator, rehabilitator or similar officer for it or any part of its property; or any
receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer
is appointed for Borrower, any Partner or any Guarantor without the application
or consent of Borrower, the applicable Partner or the applicable Guarantor, as the
case may be, and the appointment continues undischarged or unstayed for sixty
(60) days; or Borrower, any Partner, or any Guarantor, institutes or consents to
any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt,
dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar
proceeding relating to it or any part of its property; or any similar proceeding is
instituted without the consent of Borrower, any Partner or any Guarantor, as the
case may be, and continues undismissed or unstayed for sixty (60) days; or
Borrower, any Partner, or any Guarantor shall suffer a material adverse change in
financial condition; or any judgment, writ, warrant of attachment or execution, or
similar process, is issued or levied against any property of Borrower, any Partner,
or any Guarantor and is not released, vacated or fully bonded within thirty
(30) days after its issue or levy; or
(m) Any Guaranty is repudiated, revoked or terminated without Lender’s prior
written consent; or any Guarantor claims that its Guaranty is ineffective or
unenforceable, in whole or in part and for any reason, with respect to amounts
then outstanding or amounts that might in the future be outstanding; or
(n) Borrower is enjoined or otherwise prohibited by any Governmental Agency from
constructing and/or occupying the Improvements and the injunction or
prohibition continues unstayed for thirty (30) days or more for any reason; or
(o) Any Bond Document is amended, modified or terminated without Lender’s prior
written consent or a default occurs under any Bond Document, subject to any
applicable cure period set forth therein; or
(p) Borrower or any other party modifies, supplements or amends, without Lender’s
prior written consent (in its sole and absolute discretion), or rescinds or
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terminates, any of the Subordinate Loan Documents, the Permanent Commitment
or the Tax Credit LURA; or
(q) Borrower defaults in any other obligation to Lender other than in connection with
the Loan, subject to any applicable cure period(s); or
(r) Any Capital Contribution shown on Exhibit E is not made within ten (10) days
of the date the Capital Contribution is scheduled to be made as shown on
Exhibit E; or
(s) Any Guarantor (if a natural person) dies, unless, within ninety (90) days after
such Guarantor’s death, the estate of the deceased Guarantor or another substitute
guarantor approved by Lender shall have assumed all of Guarantor’s obligations
under Guarantor’s Guaranty pursuant to a written assumption agreement duly
authorized, executed and delivered by the assuming guarantor to Lender and
otherwise in form and substance acceptable to Lender; or
(t) Any default or event of default occurs and is continuing beyond applicable cure
periods provided therein under any Subordination Agreement, any Subordinate
Loan Document, any Project Agreement or any other Loan Document; or
(u) Any default or event of default occurs and is continuing beyond applicable cure
periods provided therein under the Permanent Commitment; or
(v) Any failure (i) to timely provide a report or information required pursuant to
Section 12.1 hereof, (ii) to provide any other annual or written statement required
pursuant to the terms of this Agreement within ten (10) Business Days of request
from Lender or (iii) provide a report or a written statement; or
(w) The making of a prohibited distribution as described in this Agreement; or
(x) Any default occurs under the Tax Credit LURA or Regulatory Agreement which
is not cured within any applicable time period provided therein, or Borrower fails
to remain in compliance with the requirements for the LIHTC; or
(y) If applicable, the occurrence of a default by Borrower or a termination event with
respect to Borrower under any swap, derivative, foreign exchange or hedge
transaction or arrangement (or similar transaction or arrangement howsoever
described or defined) at any time entered into between Borrower and Lender in
connection with the Loan; or
(z) Other than a Permitted Transfer, the withdrawal, removal or substitution of the
General Partner and Borrower’s failure to provide a substitute or replacement
acceptable to Lender within thirty (30) days after the occurrence of any such
withdrawal, removal or substitution; or
(aa) There occurs any sale, transfer, conveyance, mortgage, pledge, encumbrance or
other disposition of the Project or any sale, transfer, pledge, assignment or
change in control with respect to Borrower or General Partner, or any of them,
not constituting a Permitted Transfer; or
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(bb) The occurrence of any Material Adverse Occurrence in the business or financial
condition of Borrower or any event that materially increases Lender’s risk or
materially impairs the Collateral; or
(cc) There is a loss or material reduction in the Credits projected under the
Partnership Agreement that could result in a removal of the General Partner or a
repurchase of the Investor’s interest under the Partnership Agreement.
If an Event of Default occurs pursuant to this Agreement for which Lender is required to give notice,
Lender shall give Borrower and the Investor simultaneous written notice of the Event of Default. Lender
further agrees that any cure of any default made or tendered by the Investor within the time for cure
required herein shall be deemed to be a cure tendered by Borrower and shall be accepted or rejected by
Lender on the same basis as if made or tendered by Borrower on its own behalf.
15.2 Rights and Remedies. Upon the occurrence of an Event of Default, Lender may exercise
any or all of the following rights and remedies, consecutively or simultaneously, and in any order:
(a) Make one or more Advances of the proceeds of the Loan without liability to
make any subsequent Advance;
(b) Suspend and/or terminate the obligation of Lender to make Advances without
notice to Borrower;
(c) Declare the entire unpaid principal balance of the Note to be immediately due
and payable, together with all accrued and unpaid interest thereon, without notice
to or demand on Borrower;
(d) Exercise, any or all remedies specified herein and in the other Loan Documents,
including (without limiting the generality of the foregoing) the right to foreclose
the Deed of Trust, and/or any other remedies which it may have at law, in equity
or under statute;
(e) Cure the Event of Default on behalf of Borrower, and, in doing so, enter upon the
Project, and expend such sums as it may deem desirable, including attorneys ’
fees, all of which shall be deemed to be Advances hereunder, even though such
Advances may cause the outstanding principal balance of the Loan to exceed the
aggregate face amount of the Note, and all of which Advances shall bear interest
at the Default Rate provided herein and shall be due and payable by Borrower on
demand; and/or
(f) Lender may declare an Event of Default under any agreement to which Lender
and Borrower are parties, whether or not the agreement concerns the transactions
contemplated by this Agreement, and may effectuate any remedies provided for
in the agreement.
The occurrence of any event described in Section 15.1(1) shall automatically, without
notice or other action on Lender’s part, cause all Obligations to be immediately due and payable
in full.
In addition to the other remedies set forth herein and in the other Loan Documents,
Borrower hereby irrevocably authorizes Lender, at any time while an Event of Default continues,
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to set off any sum due to or incurred by Lender against all accounts, deposits and credits
(including, without limitation, agency, custody, safekeeping, securities, investment, brokerage
and revocable trust accounts and any of the Borrower’s other property in Lender’s possession) of
Borrower with, and any and all claims of Borrower against, Lender or Lender’s affiliates. Such
right shall exist whether or not Lender shall have made any demand hereunder or under any other
Loan Document, whether or not said sums, or any part thereof, or deposits and credits held for the
account of Borrower is or are matured or unmatured, and regardless of the existence or adequacy
of any Collateral, guaranty or any other security, right or remedy available to Lender. Lender
agrees that, as promptly as is reasonably possible after the exercise of any setoff right, it shall
notify Borrower of its exercise of such setoff right; provided, however, that the failure of Lender
to provide such notice shall not affect the validity of the exercise of such setoff rights. Nothing in
this Agreement shall be deemed a waiver or prohibition of or restriction on Lender with respect to
all rights of banker’s lien, setoff and counterclaim available pursuant to law.
15.3 Completion of Project by Lender. In addition, if an Event of Default occurs prior to the
completion of the Improvements, then Lender may (but shall not be obligated to), in addition to,
or in concert with, the other remedies referred to above, take over and complete such construction
work in accordance with the Plans, with such changes therein as Lender may, in its discretion,
deem appropriate, all at the risk, cost and expense of Borrower. Lender may assume or reject any
contracts entered into by Borrower in connection with the Project, may enter into additional or
different contracts for work, services, labor and materials required, in the judgment of Lender, to
complete the Project, may pay, compromise and settle all claims in connection with the
construction work with respect to the Improvements. All sums, including attorneys’ fees, and
charges or fees for supervision and inspection of the construction work with respect to the
Improvements and for any other necessary or desirable purpose in the discretion of Lender
expended by Lender in completing or attempting to complete the construction work with respect
to the Improvements (whether aggregating more, or less, than the aggregate face amount of the
Note), shall be deemed additional Advances made by Lender to Borrower hereunder, and
Borrower shall be liable to Lender, on demand, for the payment of such sums, together with
interest on such sums from the date of their expenditure at the rates provided herein. Lender may,
in its discretion, at any time abandon work on the Project, after having commenced such work,
and may recommence such work at any time, it being understood that nothing in this Section shall
impose any obligation on Lender either to complete or not to complete the construction of the
Improvements. For the purpose, of carrying out the provisions of this Section, Borrower
irrevocably appoints Lender its attorney-in-fact, with full power of substitution, to execute and
deliver all such documents, to pay and receive such funds, and to take such action as may be
necessary, in the judgment of Lender, to complete the Project. This power of attorney is coupled
with an interest and is irrevocable. Lender, however, shall have no obligation to undertake any of
the foregoing, and, if Lender does undertake any of the same, it shall have no liability for the
adequacy, sufficiency or completion thereof.
15.4 Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan
Documents are cumulative and in addition to all rights and remedies provided by Law from time
to time. The exercise by Lender of any right or remedy shall not constitute a cure or waiver of
any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor
prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be
implied from any omission by Lender to take action on account of such default if such default
persists or is repeated. No waiver of any default shall affect any default other than the default
expressly waived, and any such waiver shall be operative only for the time and to the extent
stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any
subsequent breach of the same provision. Lender’s consent to or approval of any act by Borrower
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requiring further consent or approval shall not be deemed to waive or render unnecessary
Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late
performance of any obligation shall not constitute a waiver by Lender of the right to require
prompt performance of all further obligations; Lender’s acceptance of any performance following
the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to
proceed with the exercise of its remedies for any unfulfilled obligations; and Lender’s acceptance
of any partial performance shall not constitute a waiver by Lender of any rights relating to the
unfulfilled portion of the applicable obligation.
16. Miscellaneous.
16.1 Nonliability of Lender and U.S. Bank. Borrower acknowledges and agrees that:
(a) the relationship between Borrower and Lender is and shall remain solely that of
Borrower and Lender, and Lender neither undertakes nor assumes any
responsibility to review, inspect, supervise, approve or inform Borrower of any
matter in connection with the Project, including matters relating to: (i) the Plans,
(ii) architects, contractors, engineers, subcontractors and material suppliers, or
the workmanship of or materials used by any of them, or (iii) the progress of the
Project and its conformity with the Plans; and Borrower shall rely entirely on its
own judgment with respect to such matters and acknowledges that any review,
inspection, supervision, approval or information supplied to Borrower by Lender
in connection with such matters is solely for the protection of Lender and that
neither Borrower nor any third party is entitled to rely on it;
(b) notwithstanding any other provision of any Loan Document: (i) Neither U.S.
Bank, nor Lender is a partner, joint venturer, alter-ego, manager, controlling
Person or other business associate or participant of any kind of Borrower and
neither Lender nor U.S. Bank intends to ever assume any such status; and
(ii) neither Lender nor U.S. Bank shall be deemed responsible for or a participant
in any acts, omissions or decisions of Borrower;
(c) Neither Lender nor U.S. Bank shall be directly or indirectly liable or responsible
for any loss or injury of any kind to any Person or property resulting from any
construction on, or occupancy or use of, the Project (except to the extent
proximately caused by Lender’s or U.S. Bank’s gross negligence or willful
misconduct, as applicable), whether arising from: (i) any defect in any building,
grading, landscaping or other onsite or offsite improvement; (ii) any act or
omission of Borrower or any of Borrower’s Lenders, employees, independent
contractors, licensees or invitees; or (iii) any accident on the Project or any fire or
other casualty or hazard thereon; and
(d) By accepting or approving anything required to be performed or given to Lender,
or U.S. Bank under the Loan Documents, including any certificate, financial
statement, survey, appraisal or insurance policy, neither Lender nor U.S. Bank
shall be deemed to have warranted or represented the sufficiency or legal effect
of the same, and no such acceptance or approval shall constitute a warranty or
representation by Lender to anyone.
16.2 Indemnity. Without limiting the generality of Section 12.10 hereof, Borrower shall
defend (by counsel satisfactory to Lender), indemnify and save and hold harmless Lender and
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U.S. Bank and their respective directors, officers, agents and employees from and against all
claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation,
attorneys’ fees and court costs) arising from or relating to (i) the issuance, sale or resale of the
Bonds and the making of the Loan, except for violation of banking laws or regulations by Lender;
(ii) any claim, demand or cause of action that any Person has or asserts against Borrower, General
Partner, Guarantor or any Limited Partner; (iii) any act or omission of Borrower, any contractor,
subcontractor or material supplier, engineer, architect or other Person with respect to the Project;
or (iv) the ownership, occupancy or use of the Project. Borrower’s obligations under this Section
shall not be construed to include any obligation of Borrower set forth in the Environmental
Indemnity Agreement. Notwithstanding the foregoing, Borrower shall not be obligated to
indemnify Lender or U.S. Bank with respect to any loss, liability, cost or expense which is
determined by a final decision of a court of competent jurisdiction to have resulted solely from
the gross negligence or willful misconduct of Lender or any employee, contractor or agentof
Lender. Borrower’s obligations under this Section shall survive the cancellation of the Note and
the release and reconveyance of the Security Documents.
16.3 Reimbursement of Lender. Borrower shall reimburse Lender and U.S. Bank immediately
upon written demand for all costs reasonably incurred by Lender or U.S. Bank, as applicable)
(including the reasonable fees and expenses of attorneys, accountants, appraisers and other
consultants, whether the same are independent contractors or employees of Lender or U.S. Bank)
in connection with the negotiation, preparation, execution, delivery, administration, modification,
performance and enforcement of the Loan Documents (other than the Environmental Indemnity
Agreement, the obligations under which are separate from those under the other Loan
Documents) and all related matters, including the following: (a) Lender’s, or U.S. Bank’s
commencement of, appearance in, or defense of any action or proceeding purporting to affect the
rights or obligations of the parties to any Loan Document other than (i) Lender’s or U.S. Bank’s
defense of any action in which Borrower is awarded a judgment against Lender or U.S. Bank and
(ii) Lender’s or U.S. Bank’s prosecution of any action against Borrower in which Lender or U.S.
Bank fails to obtain a judgment against Borrower; and (b) all claims, demands, causes of action,
liabilities, losses, commissions and other costs against which Lender or U.S. Bank is indemnified
under the Loan Documents; provided, that attorneys’ fees payable hereunder shall be determined
on the basis of rates then generally applicable to the attorneys (and all paralegals, accountants and
other staff employed by such attorneys) employed by Lender or U.S. Bank, which may be higher
than the rates such attorneys (and all paralegals, accountants and other staff employed by such
attorneys) charge Lender or U.S. Bank in certain matters. Such reimbursement obligations shall
bear interest following written demand at the Default Rate, and shall be secured by the Security
Documents. Such reimbursement obligations shall survive the cancellation of the Note and the
release and reconveyance of the Security Documents.
16.4 Obligations Unconditional and Independent. Notwithstanding the existence at any time
of any obligation or liability of Lender to Borrower, or any other claim by Borrower against
Lender, in connection with the Loan or otherwise, Borrower hereby waives any right it might
otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations
under the Loan Documents, or (b) to claim that the existence of any such outstanding obligation,
liability or claim excuses the nonperformance by Borrower of any of its obligations under the
Loan Documents.
16.5 Notices. Any notice required or permitted to be given by Borrower or Lender under this
Agreement or any other Loan Document shall be in writing and will be deemed given (a) upon
personal delivery or upon confirmed transmission by telecopier or similar facsimile transmission
device, (b) on the first Business Day after receipted delivery to a courier service which guarantees
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next-business-day delivery, or (c) on the third Business Day after mailing, by registered or
certified United States mail, postage prepaid, in any. case to the appropriate party at its address
set forth below:
If to Lender at:
U.S. Bank National Association
4747 Executive Drive, 3rd Floor
San Diego, California 92121
Attention: Loan Administration Manager
Facsimile No.: (858) 334-0798
If to Borrower at:
EB, L.P.
22645 Grand Street
Hayward, California 94541
Attention: President
with a copy to:
Gubb & Barshay LLP
505 14th Street, Suite 1050
Oakland, California 94612
Attention: Natalie Gubb, Esq.
Addresses for notice may be changed from time to time by written notice to all other parties. All
communications shall be effective when actually received; provided, however, that non-receipt of
any communication as the result of a change of address of which the sending party was not
notified or as the result of a refusal to accept delivery shall be deemed receipt of such
communication.
16.6 Survival of Representations and Warranties. All representations and warranties of
Borrower, General Partner and Guarantor in the Loan Documents shall survive the making of the
Loan and have been or will be relied on by Lender notwithstanding any investigation made by
Lender.
16.7 Signs. Lender may place signs on the Project during the term of the Loan stating that
financing is being provided by Lender and any other participant in the Loan.
16.8 No Third Parties Benefited. This Agreement is made for the purpose of setting forth
rights and obligations of Borrower and Lender, and no other Person shall have any rights
hereunder or by reason hereof.
16.9 Binding Effect; Assignment of Obligations. This Agreement shall bind, and shall inure
to the benefit of, Borrower and Lender and their respective successors and assigns. Borrower
shall not assign any of its rights or obligations under any Loan Document without the prior
written consent of Lender, which consent may be withheld in Lender ’s absolute discretion. Any
such assignment without such consent shall, at Lender’s option, be void.
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16.10 Counterparts. Any Loan Document, other than the Note, may be executed in
counterparts, all of which, taken together, shall be deemed to be one and the same document.
16.11 Prior Agreements; Amendments; Consents. This Agreement (together with the other
Loan Documents) is the only agreement between Lender and Borrower with respect to the Loan,
and all prior negotiations, understandings and agreements between Lender and Borrower with
respect to the Loan are superseded by this Agreement and the other Loan Documents. No
modification of any of the Loan Documents (including waivers of rights and conditions) shall be
effective unless in writing and signed by the party against whom enforcement of such
modification is sought, and then only in the specific instance and for the specific purpose given.
If Borrower requests an amendment of any Loan Documents, including but not limited to, an
amendment required to change the General Partner or any Guarantor, Lender may require
Borrower to pay Lender a reasonable fee to cover Lender’s administrative and legal costs in
connection with evaluating the proposed amendment and preparing the necessary documentation
if it is approved.
16.12 Governing Law. All of the Loan Documents shall be governed by, and construed and
enforced in accordance with, the laws of the State of California.
16.13 Severability of Provisions. No provision in any of the Loan Documents that is held to be
unenforceable or invalid shall affect the remaining provisions, and to this end all provisions of the
Loan Documents are hereby declared to be severable.
16.14 Headings. Article and section headings are included in the Loan Documents for
convenience of reference only and shall not be used in construing the Loan Documents.
16.15 Conflicts. In the event of any conflict between the provisions of this Agreement and
those of any other Loan Document, this Agreement shall prevail; provided however that, (a) with
respect to any matter addressed in both such documents, the fact that one document provides for
greater, lesser or different rights or obligations than the other shall not be deemed a conflict
unless the applicable provisions are inconsistent and could not be simultaneously enforced or
performed; and (b) the provisions of Section 2, 3 and 4 of the Regulatory Agreement shall prevail
one any conflicting provisions of any other Loan Document.
16.16 Time of the Essence. Time is of the essence in all of the Loan Documents.
16.17 Transfers and Participations. Subject to Section 2.05 of the Indenture, Lender may
transfer, and/or grant participations in, without notice to or the consent of Borrower or any other
Person, the Loan, the Loan Documents or the Bonds at any time, in whole or in part. Lender
may, without notice to or the consent of, Borrower or any other Person, furnish any transferee or
participant or any prospective transferee or participant with all documents and information
relating to Borrower, any Partner, any Guarantor, the Loan, the Bonds and/or the Loan
Documents or any of them that Lender deems advisable in connection therewith. Borrower’s
indemnity obligations under the Loan Documents shall also apply with respect to any actual or
prospective transferee and/or participant and the directors, officers, agents and employees of any
such transferee and/or participant. Borrower, its Partners and the Guarantor or any of its or their
respective Affiliates or subsidiaries shall not be given an opportunity to be a transferee, assignee,
purchaser or participate under any circumstances without the prior written consent of Lender,
which may be withheld in its sole and absolute discretion. In the event of any such transfer,
assignment, sale or participation, Lender and the parties to such transaction shall share in the
rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they
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agree among themselves. In connection with any such transfer, assignment, sale or participation,
Borrower further agrees that the Loan Documents shall be sufficient evidence of the obligations
of Borrower to each transferee, assignee, purchaser, or participant, and upon written request by
the Lender, Borrower shall enter into such amendments or modifications to the Loan Documents
as may be reasonably required by Lender or U.S. Bank in order to evidence any such transfer,
assignment, sale or participation, as the case may be. Borrower shall not have any right to
consent to any transfer and/or grant of participations in the Loan or the Loan Documents. There
are no restrictions on the type of assignee/participant to whom Lender may transfer its interest.
Lender and/or U.S. Bank may provide information to prospective transferees in advance of a
transfer without Borrower’s consent.
16.18 Environmental Indemnity Agreement. In consideration of Lender’s entry into this
Agreement, Borrower and Guarantor shall deliver to Lender the Environmental Indemnity
Agreement. Notwithstanding any other provision of any or Loan Document, Borrower’s and
Guarantor’s obligations under the Environmental Indemnity Agreement shall not be secured by
the Deed of Trust or any other real property now or hereafter assigned to Lender as security for
any Loan Document.
16.19 Guaranties Unsecured. The Security Documents shall secure Borrower’s obligations
under the Loan Documents. Notwithstanding the fact that the Loan Documents may now or
hereafter include one or more Guaranties and/or other documents creating obligations of Persons
other than Borrower, and notwithstanding the fact that any of the Security Documents may now
or hereafter contain general language to the effect that it secures the “Loan Documents,” none of
the Security Documents shall secure any Guaranty, or any other obligation of any Person other
than Borrower, unless such document specifically describes such Guaranty or other obligation as
being secured thereby.
16.20 Rights to Share Information. Lender shall have the right to discuss the affairs of
Borrower with any Partner, any Guarantor and/or other third parties and to discuss the course of
construction, lease-up, operation and management of the Project, the financial condition of
Borrower, any Guarantor and the Project, and to disclose any information received by Lender
regarding Borrower, any Guarantor or the Project or any Partner of Borrower with any other
Partner of Borrower, any Guarantor and/or other third parties, singularly or together, as Lender
may choose in its sole and absolute discretion. The Borrower specifically agrees that Lender may
obtain information about the Project and the Borrower directly from the Investor, including but
not limited to information about the status of Capital Contributions, Credits, Project Costs, and
Project Expenses. In addition, Lender may provide information regarding the Project and the
Borrower directly to the Investor.
16.21 Pledge to Federal Reserve. Anything in this Agreement or the Loan Documents to the
contrary notwithstanding, without notice to or consent of any party or the need to comply with
any of the formal or procedural requirements of this Agreement or the Loan Documents, the
Lender, U.S. Bank and/or any eligible transferee, assignee, purchaser or participant may (to the
fullest extent permitted under applicable law) at any time and from time to time pledge and assign
any or all of its right, title and interest in, to and under all or any of the Loan and/or the Loan
Documents to a Federal Reserve Bank.
16.22 Waiver of Right to Designate Application of Payment. Borrower hereby waives any and
all rights it may have under California Civil Code Section 2822 to marshal assets or to designate
any amount received or collected by the Lender from Borrower, any Guarantor or any other party
in repayment of the Loan against any particular portion of the Loan. If, for any reason, the
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foregoing waiver is found to be invalid or unenforceable, Borrower hereby irrevocably elects to
designate all amounts received by the Lender from any source as payment toward the portion of
the Obligations of Borrower evidenced by the Note, and only after such amount has been paid in
full, against the balance of the Loan.
16.23 Waiver of Right to Trial by Jury. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY
WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR
CAUSE OF ACTION ARISING UNDER ANY LOAN DOCUMENT OR IN ANY WAY
CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE
PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY LOAN DOCUMENT, OR
THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR
TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT
ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED
BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AGREEMENT
MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY
COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTES HERETO TO THE
WAIVER OF THEIR RIGHT TO TRIAL BY JURY. IF FOR ANY REASON THIS WAIVER
SHALL BE DEEMED TO BE UNENFORCEABLE, THEN ALL SUCH CLAIMS, DEMANDS
AND ACTIONS SHALL BE RESOLVED BY REFERENCE TO THE JUDICIAL
REFERENCE AGREEMENT EXECUTED CONCURRENTLY HEREWITH.
16.24 Rights in Deposit and Securities Accounts. Borrower grants to Lender a security interest
in each of Borrower’s deposit accounts and securities accounts now or hereafter maintained with
Lender or any affiliate of Lender, including without limitation all accounts held jointly with
someone else, excluding however all (a) IRA and Keogh accounts, and (b) all trust accounts for
which the grant of a security interest would be prohibited by law. Borrower hereby authorizes
Lender, as applicable, to charge any such account for the amount of any Obligation on its due
date, but any failure by Lender, as applicable, to so charge any such account shall in no way
affect the obligation of Borrower to make any such payment. The rights granted under this
Section are in addition to all other rights and remedies that Lender or its Affiliates may have,
including any statutory or common law rights of setoff.
16.25 USA PATRIOT Act Notice. Lender and U.S. Bank (each for itself and not on behalf of
any other party) hereby notifies Borrower that, pursuant to the requirements of the USA Patriot
Act, it is required to obtain, verify and record information that identifies Borrower, which
information includes the name and address of Borrower and other information that will allow
Lender, and U.S. Bank to identify Borrower in accordance with the USA Patriot Act.
16.26 Compliance With Anti-Terrorism, Embargo, Sanctions and Anti-Money Laundering
Laws. Borrower shall (a) ensure, and cause each Affiliate to ensure, that no person who owns a
controlling interest in or otherwise controls Borrower or any Affiliate is or shall be listed on the
“Specially Designated Nationals and Blocked Person List ‘ or other similar lists maintained by
the Office of Foreign Assets Control (“OFAC”), the Department of the Treasury, or included in
any Executive Orders, (b) not use or permit the use of the proceeds of the Loan to violate any of
the foreign asset control regulations of OFAC or any enabling statute or Executive Order relating
thereto, and (c) comply, and cause each Affiliate to comply, with all applicable Bank Secrecy
Act, USA Patriot Act, Anti-Corruption Laws and applicable Sanctions or any other Anti-
Terrorism Law and regulations, as amended. Without limiting the foregoing, Borrower agrees
that it will not: (i) permit a Prohibited Person to own an equity interest in or Control of
March 29, 2016 Contra Costa County BOS Official Minutes 915
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77
Borrower; (ii) lease space to any tenant who is known to Borrower to be a Prohibited Person or
who is known to Borrower, after reasonable inquiry, to be owned or Controlled by a Prohibited
Person; (iii) lease space to any tenant who is known to Borrower to be engaged in transactions or
dealings with a Prohibited Person or a Person owned or Controlled by a Prohibited Person; or
(iv) engage in transactions or have dealings with a Prohibited Person or a Person known by
Borrower, after reasonable inquiry, to be owned or Controlled by a Prohibited Person. Upon
Lender’s written request, from time to time during the term of the Loan, Borrower shall certify in
writing to the Lender that the representations, warranties and obligations made herein remain true
and correct and have not been breached. Borrower shall notify the Lender immediately in writing
if any of such representations, warranties or covenants are no longer true or have been breached
or if Borrower has a reasonable basis to believe that they may no longer be true or have been
breached. In connection with such an event, Borrower shall comply with all Requirements of
Law and directives of Governmental Agencies and, at the Lender’s written request, provide to the
Lender copies of all notices, reports and other communications exchanged with, or received from,
Governmental Agencies relating to such an event. Borrower shall also reimburse the Lender,
Lender or U.S. Bank for any expense incurred by the Lender in evaluating the effect of such an
event on the Project and the Lender’s interest in the Project and in complying with all
Requirements of Law applicable to Borrower, any Affiliate of Borrower, or the Lender as the
result of the existence of such an event and for any penalties or fines imposed upon Borrower or
the Lender as a result thereof. Borrower agrees to execute and deliver to the Lender, from time to
time, such further documents and certifications as may be reasonably requested, necessary to
Borrower to implement, enforce, investigate, and undertake the warranties, representations,
covenants and promises made herein. In connection therewith, Borrower agrees to provide to
Lender the names, tax identification numbers, addresses, and jurisdiction of organization for
entities referred to herein, including all equity owners of Borrower (which shall include all
holders of an equity interest, each grantor/settler of a trust if the trust is a revocable trust or if the
grantor/settler has retained powers, and each trustee and beneficiary of a trust with respect
thereto), and, within a reasonable time, any modifications or changes therein or thereto.
16.27 Tax Shelter Disclosure. None of Borrower, Guarantor or any Affiliate or Subsidiary of
any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement
and the other Loan Documents as being a “reportable transaction” (within the meaning of
Regulation Section 1.6011-4). If Borrower, or any other party determines to take any action
inconsistent with such intention, Borrower shall promptly notify Lender thereof in writing. If
Borrower so notifies Lender, Borrower acknowledges that Lender may treat the Loan as part of a
transaction that is subject to Regulation Section 301.6112-1, and Lender will maintain the lists
and other records, including the identity of the applicable party to the Loan as required by such
Regulation.
16.28 Designated Representative(s). Borrower hereby represents that the person or persons
signing this Agreement on behalf of Borrower are hereby authorized to act as Borrower’s
authorized representatives for purposes of dealing with Lender on behalf of Borrower in respect
of any and all matters in connection with this Agreement, the other Loan Documents and the
Loan. In addition, the Borrower may designate by appropriate action in written form acceptable
to Lender, additional individuals who are authorized to act on behalf of Borrower (together with
the person(s) signing this Agreement, the “Designated Representatives”). Each Designated
Representative, acting alone, shall have the power to give and receive all notices, monies,
approvals and other documents and instruments, and to take any other action on behalf of
Borrower. All actions by any Designated Representative shall be final and binding on Borrower.
Lender may rely on the authority given to the Designated Representatives until actual receipt by
March 29, 2016 Contra Costa County BOS Official Minutes 916
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78
Lender of a duly authorized partnership resolution substituting a different person or persons as the
Designated Representatives.
16.29 Adjustment of Interest Rate Upon Loss of Tax Exclusion. The interest rates applicable
under the Note and with respect to the Bonds are based on the assumption that interest income
paid on the Bonds and received by the owners of the Bonds will be excludable from gross income
under Section 103 of the Code and applicable State law, except for the Bonds when owned by a
“substantial user” of the Project or a “related person” within the meaning of Section 147(a) of the
Code (as defined in the Indenture). In the event that (i) Lender receives a written opinion from a
nationally recognized bond counsel to the effect that, in such counsel’s opinion, interest on the
Bonds will not be excluded from gross income of such owners for federal income tax purposes,
other than as a result of the Bonds being held by a “substantial user” or a “related party” to such
“substantial user” as used in Section 147(a) of the Code; or (ii) any owner receives notice from
the Internal Revenue Service or other government agency that interest payable on the Bonds is
not excludable from gross income of such owner for federal income tax purposes, or that the
Internal Revenue Service is challenging the tax-exempt status of the interest on the Bonds, then
the interest rate on the Note, the Bonds and on all obligations under this Agreement shall be
increased to a rate equal to the Prime Rate in effect from time to time plus 2.00%. In addition,
the owner shall be paid, promptly upon demand, an amount equal to the difference between the
amount of interest payable on the Note from the date on which such loss of tax exemption on the
Bonds shall be applicable to the date on which the interest rate on the Note was increased and the
amount of interest that would have been payable on the Note during such period had the Note
borne interest during such period at such higher rate. If, following any increase in interest rates
pursuant to this Section, a final determination is made, to the satisfaction of such owner, that
interest paid on the Bonds was, at all times prior to the determination, and will continue to be,
excludable from the owner’s gross income under Section 103 of the Code and applicable state
law, that owner shall promptly refund to the Borrower any additional interest paid by the
Borrower pursuant to this Section.
16.30 Ineligible Guarantor. The U.S. Bank Ineligible Guarantor Exclusionary Terms and
Conditions dated as of May 15, 2013, are hereby incorporated into this Agreement in their
entireties. Borrower hereby acknowledges receipt thereof.
16.31 Document Imaging, Electronic Transactions and the UETA. Without notice to or consent
of Borrower, Lender may create electronic images of this Agreement and the other Loan
Documents and destroy paper originals of any such imaged documents. Provided that such
images are maintained by or on behalf of Lender as part of Lender’s normal business processes,
Borrower agrees that such images have the same legal force and effect as the paper originals and
are enforceable against Borrower. Furthermore, Borrower agrees that Lender may convert this
Agreement and any other Loan Documents into a “transferrable record” as such term is defined
under, and to the extent permitted by, the Uniform Electronic Transactions Act (the “UETA”),
with the image of such instrument in Lender’s possession constituting an “authoritative copy”
under the UETA.
16.32 Waiver of Special Damages. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, BORROWER SHALL NOT ASSERT, AND HEREBY WAIVES, ANY CLAIM
AGAINST LENDER ANY ISSUER, ON ANY THEORY OF LIABILITY, FOR SPECIAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (AS OPPOSED TO DIRECT OR
ACTUAL DAMAGES) ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF,
THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, THE TRANSACTIONS
CONTEMPLATED THEREBY, THE LOAN OR THE USE OF THE PROCEEDS THEREOF.
March 29, 2016 Contra Costa County BOS Official Minutes 917
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79
16.33 Acknowledgment. Borrower hereby acknowledges that Investor is an affiliate of Lender.
Borrower hereby represents, warrants and agrees with Lender as follows (and acknowledges that
Lender is relying upon these representations, warranties and agreements in entering into this
Agreement and making the Loans): (a) Borrower agrees that Lender has no liability to Borrower
for any actions or omissions of Investor; (b) Borrower hereby represents and warrants that
General Partner has read and understood the Loan Documents and the Partnership Agreement,
has obtained such legal and financial reviews of such Loan Documents and partnership
documents as General Partner has deemed necessary or appropriate and agrees to the terms of the
Loan Documents, the Partnership Agreement and all other partnership documents, and the
applicable remedies thereunder; and (c) Borrower hereby freely and knowingly forever waives
any and all rights to raise the fact that Lender and Investor are affiliates as a defense in any action
by Lender to enforce its remedies under the Loan Documents or in equity or at law.
16.34 Assignment to Lender. Borrower acknowledges that, concurrently herewith, and in
accordance with the allonge to the Note, Issuer has assigned all of its right, title and interest in, to,
and under this Agreement, the Note and the other Loan Documents (other than the Unassigned
Rights as defined in the Indenture) to Lender.
16.35 Use of Proceeds. The Borrower will not request, with respect to the Loan, and the
Borrower shall not use, and the Borrower shall ensure that its Affiliates and its or their respective
directors, officers, employees and agents shall not use, the proceeds of the Loan (i) in furtherance
of an offer, payment, promise to pay, or authorization of the payment or giving of money, or
anything else of value, to any Person in violation of any Anti-Corruption Laws or (ii) in any
manner that would result in the violation of any applicable Sanctions.
16.36 Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or
redemption price) of or interest on the Bonds, except from revenues and other moneys and assets
received by the Lender on behalf of the Issuer pursuant to this Agreement. Neither the faith and
credit nor the taxing power of the State of California or any political subdivision thereof, nor the
faith and credit or the taxing power of the Issuer is pledged to the payment of the principal (or
redemption price) or interest on the Bonds. The Issuer shall not be liable for any 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 Agreement, any of the other Loan Documents, the Bonds
or the Indenture, except only to the extent amounts are received for the payment thereof from the
Borrower under this Agreement.
The Borrower hereby acknowledges that the Issuer’s sole source of
moneys to repay the Bonds will be provided by payments made by the
Borrower pursuant to this Agreement and the receipt of other revenues,
together with investment income on certain funds and accounts held by
the Lender under the Indenture, and hereby agrees that if the payments to
be made hereunder shall ever prove insufficient to pay all principal (or
redemption price) and interest on the Bonds as the same shall become
due (whether by maturity, redemption, acceleration or otherwise), then
upon notice from the Lender, the Borrower shall pay such amounts as are
required from time to time to prevent any deficiency or default in the
payment of such principal (or redemption price) or interest, including,
but not limited to, any deficiency caused by acts, omissions, nonfeasance
or malfeasance on the part of the Lender, the Borrower, the Issuer or any
third party, subject to any right of reimbursement from the Lender, the
Issuer or any such third party, as the case may be, therefor, but solely, in
March 29, 2016 Contra Costa County BOS Official Minutes 918
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80
the case of the Issuer, from the revenues other than with respect to any
deficiency caused by the gross negligence or willful misconduct of the
Issuer.
[Remainder of page left intentionally blank Signature pages follow.]
March 29, 2016 Contra Costa County BOS Official Minutes 919
LEGAL_US_W # 85090699.3
[Signature Page to Construction Loan Agreement]
IN WITNESS WHEREOF, the parties hereto have caused this Construction Loan Agreement to
be duly executed as of the date first written above.
BORROWER:
EB, L.P.,
a California limited partnership
By: EB LLC, a California limited
liability company, its sole general partner
By: Eden Investments, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By: ______________________
Name: Linda Mandolini
Title: President
BONDOWNER REPRESENTATIVE:
U.S. BANK NATIONAL ASSOCIATION,
a national banking association, as Lender,
By: ___________________________________
Name:
Title:
ISSUER:
COUNTY OF CONTRA COSTA,
a political subdivision and body corporate and politic,
organized and existing under the laws of the State of
California
By:_______________________________________
John Kopchik
Director, Department of Conservation and
Development
March 29, 2016 Contra Costa County BOS Official Minutes 920
LEGAL_US_W # 85090699.3
Exhibit A
Page 1
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
March 29, 2016 Contra Costa County BOS Official Minutes 921
LEGAL_US_W # 85090699.3
Exhibit B
Page 1
EXHIBIT B
BUDGET
March 29, 2016 Contra Costa County BOS Official Minutes 922
LEGAL_US_W # 85090699.3
Exhibit C-1
Page 1
EXHIBIT C-1
BORROWER’S LETTER OF DRAW REQUEST
[DATE]
U.S. Bank National Association
4747 Executive Drive, 3rd Floor
San Diego, California 92121
Project Name: Camphora Apartments
Borrower: EB, L.P.
Draw #: __________________
__________________, Loan Administrator
Dear ______________:
Reference is hereby made to that certain Construction Loan Agreement dated ________, 2016 (the “Loan
Agreement”), executed between the Borrower, Issuer and U.S. Bank National Association (the
“Lender”). Any defined terms not otherwise described herein shall have the same definitions as in the
Loan Agreement.
Pursuant to the Loan Agreement, the Borrower hereby requests a Disbursement in the amount listed as the
Requested Amount on the attached Draw Request Certification (the “Requested Amount”). The
Borrower acknowledges that the approval of this Draw Request by the Lender is subject to all of the terms
and conditions precedent for a Disbursement, including without limitation, inspection of the Project by
Project Inspector, verification of matters set forth in the Draw Request Certification, and the available
Funding Sources.
Included with this letter is the following:
Draw Request Certification
An updated Budget
Payee listing with copies of invoices and vendor names for which payment is being requested.
The Borrower requests that the Requested Amount be funded in the following Construction Disbursement
Account:
Name of Bank: __________________________
ABA Routing #: __________________________
Account #: __________________________
Account Name: __________________________
Reference: __________________________
Notify: __________________________
March 29, 2016 Contra Costa County BOS Official Minutes 923
LEGAL_US_W # 85090699.3
Exhibit C-1
Page 2
The Borrower has executed this Draw Request Letter as of ___________________.
BORROWER:
EB, L.P.,
a California limited partnership
By: EB LLC, a California limited
liability company, its sole general partner
By: Eden Investments, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By: ______________________
Name: Linda Mandolini
Title: President
March 29, 2016 Contra Costa County BOS Official Minutes 924
LEGAL_US_W # 85090699.3
Exhibit C-2
Page 1
EXHIBIT C-2
DRAW REQUEST CERTIFICATION
Disbursement No. _______________
The undersigned, as Designated Representative of Borrower, hereby requests a Disbursement in
the amount, and on the date, set forth below, pursuant to the Construction Loan Agreement dated _____,
2016 (the “Loan Agreement”), between EB, L.P., a California limited partnership (the “Borrower”),
Issuer and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Lender”).
Capitalized terms used and not otherwise defined herein has the meanings set forth for them in the Loan
Agreement.
REQUESTED AMOUNT: ______________________
REQUESTED DATE: ______________________
Borrower hereby represents and warrants to Lender that:
a) The requested Disbursement shall be applied to pay Project Costs in accordance with the itemized
Payment Request attached hereto.
b) The Funding Source(s) to be used for this disbursement are as follows:
Source: ________________________________________________
Amount: $___________________
c) At the date hereof, no suit or proceeding at law or in equity, and no investigation or proceeding of
any governmental body, has been instituted, or, to the knowledge of Borrower, is threatened,
which in either case, if adversely determined, could materially and adversely affect the Project, or
the financial or other condition of, or the business operations of, Borrower.
d) At the date hereof, no Event of Default under the Loan Agreement or under any of the other Loan
Documents has occurred and is continuing, and no event has occurred which, upon the service of
notice and/or the lapse of time, would constitute an Event of Default thereunder.
e) The representations and warranties set forth in the Loan Agreement are hereby reaffirmed and
restated, and Borrower represents and warrants to Lender that the same are true, correct and
complete on the date hereof as if made on and as of the date hereof.
f) No material adverse change has occurred in the financial condition or in the assets or liabilities of
Borrower or Guarantor(s) from those set forth in the latest financial statements for each furnished
to Lender.
g) The progress of construction of the Project is such that it can be completed on or before the
Completion Date specified in the Loan Agreement for the cost originally represented to Lender,
except for the following __________.
h) The Loan, as of the date hereof, is “In Balance” as required by the Loan Agreement, and the
undisbursed proceeds of the Funding Sources, including the advance requested herein, are
March 29, 2016 Contra Costa County BOS Official Minutes 925
LEGAL_US_W # 85090699.3
Exhibit C-2
Page 2
adequate and sufficient to pay for all labor, materials, equipment, work, services and supplies
necessary for the completion of the Project, including the installation of all fixtures and
equipment required for the operation of the Project, except for the following Project cost
increases: ________________________________________________________________
i) The labor, materials, equipment, work, services and supplies described herein have been
performed upon or furnished to the Project in full accordance with the Plans, which have not been
amended except as expressly permitted by the Loan Agreement.
j) There have been no changes in the costs of the Project from those set forth on the Sworn
Construction Cost Statement, as amended by any amendment thereto heretofore delivered by
Borrower to Lender (and approved by Lender, if such approval is required by the Loan
Agreement).
k) All bills for labor, materials, equipment, work, services and supplies furnished in connection with
the Project, which could give rise to a mechanic’s lien if unpaid, have either been paid or will be
paid out of the requested advance.
l) All claims for mechanics’ or materialmen’s liens which shall have arisen or could arise for labor,
materials, equipment, work, services or supplies furnished in connection with the Project through
the last day of the period covered by the requested advance have been effectively waived in
writing, or will be effectively waived in writing when payment is made, and such written waivers
shall be delivered to Lender or its agent.
m) All funds advanced under the Loan Agreement to date have been utilized as specified in the Draw
Requests pursuant to which the same were advanced, exclusively to pay costs incurred for or in
connection with acquiring, constructing and developing the Land and the Project, and Borrower
represents that no part of the Funding Sources have been paid for labor, materials, equipment,
work, services or supplies incorporated into or employed in connection with any project other
than the Project, as that term is defined in the Loan Agreement. Borrower further represents that
all funds covered by this Draw Request are for payment for labor, materials, equipment, work,
services or supplies furnished solely in connection with the Project.
n) All changes in the Plans, if any, have been made in accordance with the Loan Agreement.
o) No notice or any other information has been received relating to a reduction in the amount of
Credits available to the Project and there has been no adverse change in the facts and
circumstances necessary for the General Partner to receive the Capital Contributions.
p) Notwithstanding the foregoing, the following constitute exceptions or modifications to the
foregoing representations and warranties set forth above subject to the Lender’s approval of the
exceptions in Lender’s sole discretion (if none are listed, then there are none):
_____________________________________________________________.
Borrower authorizes and requests Lender to charge the total amount of this Draw Request against
the Funding Sources and to advance from the proceeds of the Loan or other Funding Source, as
applicable, the funds hereby requested, and to make or authorize disbursement of funds to or for th e
account of the persons or firms and Borrower in amounts up to, but not exceeding, the amounts listed
herein, subject to the requirements of and in accordance with the procedures provided in the Loan
Agreement and/or any separate disbursing agreement relating to the Loan. The advance made pursuant to
this Draw Request is acknowledged to be an accommodation to Borrower and is not a waiver by Lender
March 29, 2016 Contra Costa County BOS Official Minutes 926
LEGAL_US_W # 85090699.3
Exhibit C-2
Page 3
of any defaults or events of default under the Loan Documents or any other claims of Lender against
Borrower, Guarantor(s) and/or the General Contractor.
The advances and disbursements on the attached sheets are hereby approved and authorized.
March 29, 2016 Contra Costa County BOS Official Minutes 927
LEGAL_US_W # 85090699.3
Exhibit C-2
Page 4
SIGNATURE PAGE
FOR
DRAW REQUEST CERTIFICATION
BORROWER:
Date: __________ EB, L.P.,
a California limited partnership
By: EB LLC, a California limited
liability company, its sole general partner
By: Eden Investments, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By: ________________________
Name: Linda Mandolini
Title: President
March 29, 2016 Contra Costa County BOS Official Minutes 928
LEGAL_US_W # 85090699.3
Exhibit D
Page 1
EXHIBIT D
SWORN CONSTRUCTION COST STATEMENT
March 29, 2016 Contra Costa County BOS Official Minutes 929
LEGAL_US_W # 85090699.3
Exhibit D
Page 2
EXHIBIT D
EAST BLUFF APARTMENTS
SWORN CONSTRUCTION COST STATEMENT
TOTAL PROJECT COSTS
March 29, 2016 Contra Costa County BOS Official Minutes 930
LEGAL_US_W # 85090699.3
Exhibit D
Page 3
SWORN CONSTRUCTION COST STATEMENT
DATE: ___________, 2016
LENDER: U.S. BANK NATIONAL ASSOCIATION
BORROWER: EB, L.P.
GENERAL CONTRACTOR: _________________
PROJECT ARCHITECT: _________________
PROJECT: EAST BLUFF APARTMENTS
The undersigned Borrower, being first duly sworn, as the borrower and the owner of the Project, deposes
and says, in connection with the development, construction and completion of the Project that this Sworn
Construction Cost Statement includes a true, correct and complete listing of all costs for material,
supplies, equipment, labor, and other work and services of any kind necessary to achieve Completion (as
that term is defined in the Construction Loan Agreement (the “Loan Agreement”) between Borrower and
Lender) of the Project; that listed herein are the names of all persons, parties and entities having contracts
or subcontracts relating to development, construction or completion of the Project, or which are otherwise
entitled to receive payment for materials, supplies, equipment, labor, or other work or services of any kind
with respect to the Project, and the amounts previously paid, now due, or to become due to each of said
parties; and that there is no amount previously paid, now due or to become due to any party not listed
herein, or in excess of the amount listed herein, for material, supplies, equipment, labor, or other work or
services of any kind relating to the Project.
The undersigned further deposes and says, also in connection with the development, construction and
completion of the Project, that any change or increase in the total cost of the Project as shown herein, or
in the amount payable to any party listed herein, will be immediately communicated in writing to Lender,
and will be subject to approval by Lender, if such approval is required by the Loan Agreement; that all
parties named herein will guarantee their materials provided or work performed in connection with the
Project to be free from defects for at least one (1) year after Completion of the Project; that the purpose of
the foregoing is to induce Lender to advance the proceeds of a loan of up to $29,476,000.00, secured by a
mortgage, deed of trust, security deed or trust indenture upon the Project; and that, upon payment of the
specific unpaid items listed herein, Borrower will indemnify and save harmless Lender as to any other
claim and as to any lien for any material, supplies, equipment, labor, and other work or services of any
kind relating to the Project.
March 29, 2016 Contra Costa County BOS Official Minutes 931
LEGAL_US_W # 85090699.3
[Signature/Notary Page to Exhibit D to Construction Loan Agreement]
SIGNATURES OF PERSONS AUTHORIZED
TO SIGN DRAW REQUESTS OF PERSONS
AUTHORIZED TO SIGN DRAW REQUESTS
____________________________________ BORROWER:
____________________________________ EB, L.P.,
a California limited partnership
____________________________________ By: EB LLC, a California limited
liability company, its sole general partner
By: Eden Investments, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By: ________________________
Name: Linda Mandolini
Title: President
ACKNOWLEDGMENT BY NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed file document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA )
) §
COUNTY OF ___________________ )
On _________________, before me _____________________________________, NOTARY PUBLIC,
personally appeared ________________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________ (Seal)
My Commission Expires _______________
March 29, 2016 Contra Costa County BOS Official Minutes 932
LEGAL_US_W # 85090699.3
Exhibit D
Page 5
GENERAL CONTRACTOR
The undersigned, being first duly sworn, as General Contractor for the Project, deposes and says that it
has entered into an ________________ (“Contract”), dated ___, 2016, by and between EB, L.P.
(“Borrower”) and itself for the construction of the Project; that this Sworn Construction Cost Statement
includes a true, correct and complete listing of all costs for material, supplies, equipment, labor, and other
work and services of any kind required to construct and complete the Project in accordance with the terms
and conditions of the Contract; that listed herein are the names of all persons, parties and entities having
contracts or subcontracts relating to the work covered by the Contract, or which are otherwise entitled to
receive payment for providing any material, supplies, equipment, labor, or other work or services of any
kind in connection with the Project pursuant to the Contract, and the amounts previously paid, now due,
or to become due to each of said parties; that there are no other contracts or subcontracts relating to the
work covered by the Contract outstanding; and that there is no amount previously paid, now due, or to
become due to any party not listed herein, or in excess of the amount listed herein, for material, supplies,
equipment, labor, or other work or services of any kind provided or to be provided in connection with the
construction and completion of the Project pursuant to the Contract.
The undersigned further deposes and says that any change or increase in the total cost to construct the
Project under the Contract, or in the amount payable to any party listed herein in connection with the
Contract, will be immediately communicated by it in writing to borrower and to U.S. Bank National
Association (“Lender”); that all parties named herein in connection with the Contract will guarantee that
their materials provided or work performed in connection with the Project will be free from defects for at
least one (1) year after Completion (as that term is defined in the Construction Loan Agreement between
Borrower and Lender) of the Project; that the purpose of the foregoing is to induce Lender to advance to
Borrower the proceeds of an up to $29,476,000.00 loan, secured by a mortgage/deed of trust upon the
Project; and that, upon payment of the specific unpaid items listed herein, the undersigned General
Contractor will waive all claims of priority to said mortgage/deed of trust and will indemnify and save
harmless Lender as to any other claim or priority of lien for any material, supplies, equipment, labor, or
other work or services of any kind furnished to construct the Project in accordance with the terms and
conditions of the Contract.
March 29, 2016 Contra Costa County BOS Official Minutes 933
LEGAL_US_W # 85090699.3
[Signature/Notary Page to Exhibit D to Construction Loan Agreement]
GENERAL CONTRACTOR:
_______________________,
a California corporation
By: ___________________________________
Name: _________________________________
Title: __________________________________
ACKNOWLEDGMENT BY NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed file document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA )
) §
COUNTY OF ___________________ )
On _________________, before me _____________________________________, NOTARY PUBLIC,
personally appeared ________________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________ (Seal)
My Commission Expires _______________
March 29, 2016 Contra Costa County BOS Official Minutes 934
LEGAL_US_W # 85090699.3
[Signature/Notary Page to Exhibit D to Construction Loan Agreement]
PROJECT ARCHITECT
This firm has prepared the plans for the Project, including drawings, specifications, details and manuals
(“Plans”), which are identified by our Project No___________, and which are dated _____________, and
revised __________, and which are described in the Construction Loan Agreement between EB, L.P., and
U.S. Bank National Association relating to the Project. This firm has reviewed this Sworn Construction
Cost Statement and hereby certifies to U.S. Bank National Association that the costs shown herein
accurately reflect the costs of completing the Project in accordance with the Plans.
___________, a California corporation
By: ___________________________________
Name: _________________________________
Title: __________________________________
ACKNOWLEDGMENT BY NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed file document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA )
) §
COUNTY OF ___________________ )
On _________________, before me _____________________________________, NOTARY PUBLIC,
personally appeared ________________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________ (Seal)
My Commission Expires _______________
[Signature/Notary Page to Exhibit D to Construction Loan Agreement]
March 29, 2016 Contra Costa County BOS Official Minutes 935
LEGAL_US_W # 85090699.3
Exhibit E
Page 1
EXHIBIT E
SCHEDULE OF REQUIRED CAPITAL CONTRIBUTIONS
Capital Installments
Limited Partner
Capital Equity
Installments
Amount of Capital
Contribution
Capital Contribution
Due Date
Construction Equity
Deposit
First Capital
Contribution
$________.00 Closing Date Yes
This Capital Contribution shall be used, to the extent not required for other Partnership purposes as
specified by the Investor, to pay $157,061.00 of Developer Fee and the remainder will be used to pay
construction costs.
Second Capital
Contribution
$_________.00 [COMPLETION]
Payable upon
satisfaction of the
Second Contribution
Conditions (as defined
in the Partnership
Agreement)
Yes
This Capital Contribution shall be used to pay $150,000.00 of Developer Fee, to fund $84,969.00 for
construction costs and the remainder shall be used to pay down the Construction Loan.
Third Capital
Contribution
$________.00 [CONVERSION]
Payable upon
satisfaction of the Third
Contribution Conditions
(as defined in the
Partnership Agreement)
No
Fourth Capital
Contribution
$_______.00 [8609] Payable upon
satisfaction of the
Fourth Contribution
Conditions (as defined
in the Partnership
Agreement)
No
General Partner Capital
Contributions
Amount of Capital
Contribution Capital Contribution Due Date
March 29, 2016 Contra Costa County BOS Official Minutes 936
LEGAL_US_W # 85090699.3
[Signature/Notary Page to Exhibit D to Construction Loan Agreement]
March 29, 2016 Contra Costa County BOS Official Minutes 937
LEGAL_US_W # 85090699.3
Exhibit F
Page 1
EXHIBIT F
CONSTRUCTION FUNDS SCHEDULE
I. LOANS
Lender/Program Loan Amount Required Funding Date
U.S. Bank National
Association/Construction
Loan
$______ $_____.00 on or before the
Completion Date and the
remainder shall be funded after
the proceeds of the Bonds are
used
County of Contra Costa
CDBG Loan
$______ On or before the Closing Date,
except $10,000 retention
City of Pinole Loan
Seller Loan
$_______
$________
At Closing
CCRC Permanent Loan
$________ At Conversion
II. GRANTS
Source of Grants Amount Required Funding Date
None. None. None.
III. EQUITY
Funder Amount Required Funding Date
Investor/General Partner $__________________
(includes $______00 capital
contribution of General Partner)
As set forth on Exhibit E
March 29, 2016 Contra Costa County BOS Official Minutes 938
LEGAL_US_W # 85090699.3
Exhibit G
Page 1
EXHIBIT G
LOAN DOCUMENTS
General Loan Documents
1. Construction Loan Agreement
2. Note
3. Repayment and Completion Guaranty
4. Environmental and ADA Indemnification Agreement
5. Assignment of Development Services Agreement and Developer Fee Subordination Agreement
6. California Judicial Reference Agreement
7. Partnership Borrowing Authorization
8. Certificate of General Partner
9. Certificate of Guarantor
Security Documents
10. Deed of Trust
11. Deed of Trust Assignment
12. Collateral Assignment of Contract Rights
13. Assignment and Subordination of Construction Contract and Contractor’s Consent
14. Assignment and Subordination of Architect’s Agreement and Architect’s Consent
15. Assignment and Subordination of Engineering Contracts and Engineer’s Consent
16. Assignment of Partnership Interests, Capital Contributions and Credits
17. Assignment and Subordination of Property Manager Agreement and Manager’s Consent
18. Assignment and Subordination of Contracts Consent
19. Subordination Agreement (County)
20. Subordination Agreement (City)
21. Subordination Agreement (Seller)
22. UCC-1 Financing Statement (DOT)
23. UCC-1 Financing Statement (Borrower Partnership Interest)
24. UCC-1 Financing Statement (General Partner Partnership Interest)
March 29, 2016 Contra Costa County BOS Official Minutes 939
LEGAL_US_W # 85090699.3
Exhibit H
Page 1
EXHIBIT H
PERMITTED DEVELOPER FEE PAYMENTS
Source of Payment Amount Permitted Timing of Payment
Capital Contributions $________ Prior to the Closing Date
Capital Contribution $________ Closing Date
Capital Contribution $________ Conversion Date
Capital Contribution $________ Receipt of Form 8609
Capital Contribution $________ Deferred
March 29, 2016 Contra Costa County BOS Official Minutes 940
LEGAL_US_W # 85090699.3
Exhibit I
Page 1
EXHIBIT I
INTENTIONALLY OMITTED
March 29, 2016 Contra Costa County BOS Official Minutes 941
LEGAL_US_W # 85090699.3
Exhibit J
Page 1
EXHIBIT J
COMPLIANCE CERTIFICATE
To: U.S. Bank National Association
Per the Construction Loan Agreement executed on ___, 2016 (the “Loan Agreement”) between EB, L.P.
(the “Borrower”) and U.S. Bank National Association (“Lender”). All capitalized terms have the
meanings set forth in the Loan Agreement:
The undersigned, being the General Partner of Borrower, hereby certifies that as of the end of the fiscal
year there were no Defaults or Events of Default in regards to the Loan.
If, however, there were any Defaults or Events of Default they are listed below along with the action we
propose to take in respect to each Default or Event of Default.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
With respect to the Credits:
1. The LIHTC Documents are in full force and effect.
2. There have been no occurrences which would result in a loss or material reduction in the amount
3. of any Credits.
4. The Borrower has not received a Form 8823 or any other notice of non-compliance from the
Credit Agency or any other Governmental Agency.
5. The Form 8609 has been or is anticipated to be received by the date required in the Partnership
Agreement.
6. Borrower has provided Lender with all required LIHTC Documents.
7. If required by the Internal Revenue Code, the Tax Credit LURA has been recorded in the
appropriate filing office.
March 29, 2016 Contra Costa County BOS Official Minutes 942
LEGAL_US_W # 85090699.3
Exhibit J
Page 2
Date: __________
BORROWER:
EB, L.P.,
a California limited partnership
By: EB LLC, a California limited
liability company, its sole general partner
By: Eden Investments, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By: ________________________
Name: Linda Mandolini
Title: President
March 29, 2016 Contra Costa County BOS Official Minutes 943
LEGAL_US_W # 85090699.3
Exhibit K
Page 1
EXHIBIT K
GUARANTOR COMPLIANCE CERTIFICATE
Loan Amount: $29,476,000.00
Revised for the Quarter-Annual Period Ended ___________, 20___
(the “Quarter-Annual Date”)
With reference to the Construction Loan Agreement dated January 15, 2015, by and among EB,
L.P. and U.S. Bank National Association, and with respect to the Repayment and Completion Guaranty
from Eden Housing, Inc., a California nonprofit public benefit corporation (“Guarantor”), Guarantor
hereby certifies as follows (each capitalized term used herein having the same meaning given to it in the
Guaranty unless otherwise specified):
a) As of the Quarter-Annual Date, Guarantor’s net Liquidity is: $________________
Minimum requirement per the Loan Agreement: $5,000,000.00.
b) As of the Quarter-Annual Date, Guarantor’s Net Worth is: $________________
Minimum requirement per the Loan Agreement: $25,000,000.00.
c) As of the Quarter-Annual Date, there exists no default or any condition, event or act
which constitutes an Event of Default under the Loan Agreement or Guaranty.
GUARANTOR:
EDEN HOUSING, INC., a California nonprofit public
benefit corporation
By: ___________________________________
Name: __________________________________
Title: ___________________________________
March 29, 2016 Contra Costa County BOS Official Minutes 944
LEGAL_US_W # 85090699.3
Exhibit L
Page 1
EXHIBIT L
COMMERCIAL REAL ESTATE STANDARD
INSURANCE REQUIREMENTS
II. PROPERTY INSURANCE
A. DURING CONSTRUCTION
An ORIGINAL (or certified copy) Builder’s All-Risk, Completed Value, Non-Reporting
Form Policy or Acord 28 Certificate of Insurance naming the borrowing entity as an
insured, reflecting coverage of 100% of the replacement cost, and written by a carrier
approved by Lender with a current A.M. Best’s Insurance Guide Rating of at least A- IX
(which is authorized to do business in the state in which the property is located) that
affirmatively includes the following:
1. Mortgagee Clause naming U.S. Bank National Association as Mortgagee ISAA
ATIMA, with a 30-day notice to Lender in the event of cancellation, non-renewal
or material change; OR
2. Lender’s Loss Payable Endorsement (ISO 1218 or similar) with a 30-day notice
to Lender in the event of cancellation, non-renewal or material change
3. Replacement Cost Endorsement
4. Intentionally Omitted
5. No Coinsurance Clause
6. Flood Insurance
7. Coastal and Other Wind Coverage
8. Collapse and Earthquake Coverage
9. Vandalism and Malicious Mischief Coverage
10. Boiler and Machinery Coverage (aka Electrical and Mechanical Breakdown)
11. Demolition, Increased Cost of Construction Coverage
12. In -Transit Coverage
13. Partial Occupancy Permitted
14. Borrower’s coverage is primary and non-contributory with any insurance or self-
insurance carried by U.S. Bank National Association
15. Waiver of Subrogation against any party whose interest are covered in the policy
16. Delay in Completion or Delay in Rents/Startup Coverage
March 29, 2016 Contra Costa County BOS Official Minutes 945
LEGAL_US_W # 85090699.3
Exhibit L
Page 2
17. Coverage to be effective upon the date of the Notice to Proceed, the date of site
mobilization or the start of any shipment of materials, machinery or equipment to
the site, whichever is earlier, and to remain in effect until replaced by permanent
All Risk Property Insurance described below, or until such other time as may be
mutually agreed upon by U.S. Bank National Association and Borrower.
18. Coverage shall be non-cancellable through term of project with automatic
extension provision of at least 60 days.
B. UPON COMPLETION
An ORIGINAL (or certified copy) All-Risk Hazard Insurance Policy or Acord 28
Certificate of Insurance naming the borrowing entity as an insured, reflecting coverage
of 100% of the replacement cost, and written by a carrier approved by Lender with a
current A.M. Best’s Insurance Guide Rating of at least A-IX (which is authorized to do
business in the state in which the property is located) that affirmatively includes the
following:
1. Mortgagee Clause naming the U.S. Bank National Association as Mortgagee
ISAA ATIMA with a 30-day notice to Lender in the event of cancellation, non-
renewal or material change; OR
2. Lender’s Loss Payable Endorsement (ISO 1218 or similar) with a 30-day notice
to Lender in the event of cancellation, non-renewal or material change
3. Replacement Cost Endorsement
4. Intentionally Omitted
5. No Coinsurance Clause
6. Boiler and Machinery Coverage (aka Electrical and Mechanical Breakdown)
7. Sprinkler Leakage Coverage
8. Vandalism and Malicious Mischief Coverage
9. Flood Insurance
10. Loss of Rents Insurance in an amount of not less than 100% of one year’s Rental
Value of the Project. “Rental Value” shall include:
a) The total projected gross rental income from tenant occupancy of the
Project as set forth in the Budget,
b) The amount of all charges which are the legal obligation of tenants and
which would otherwise be the obligation of Borrower, and
c) The fair rental value of any portion of the Project which is occupied by
Borrower.
March 29, 2016 Contra Costa County BOS Official Minutes 946
LEGAL_US_W # 85090699.3
Exhibit L
Page 3
11. One year’s business interruption insurance in an amount acceptable to Lender.
12. Collapse and Earthquake Coverage
13. Coastal & Other Wind Coverage
14. Extra Expense Coverage
15. Borrower’s coverage is primary and non-contributory with any insurance or self-
insurance carried by U.S. Bank National Association
16. Waiver of Subrogation against any party whose interest are covered in the policy
17. Demolition and Increased Cost of Construction
III. LIABILITY INSURANCE
An ORIGINAL Acord 25 Certificate of Liability Insurance naming the borrowing entity as an
insured, providing coverage on an “occurrence” rather than a “claims made” basis and written by
a carrier approved by the Lender, with a current A.M. Best’s Insurance Guide Rating of at least
A-IX. (which is authorized to do business in the state in which the property is located) that
affirmatively includes the following:
1. Combined general liability policy limit of at least $5,000,000.00 each occurrence and
aggregate applying liability for Bodily Injury, Personal Injury, Property Damage, Contractual,
Products and Completed Operations which combined limit may be satisfied by the limit afforded
under the Commercial General Liability Policy, or by such Policy in combination with the limits
afforded by an Umbrella or Excess Liability Policy (or policies); provided, the coverage afforded
under any such Umbrella or Excess Liability Policy is at least as broad in all material respects as
that afforded by the underlying Commercial General Liability Policy. Such policies must contain
a Separations of Insureds / Severability of Interest clause.
2. Intentionally Omitted
3. Aggregate limit to apply per location
4. Borrower’s coverage is primary and non-contributory with any insurance or self-
insurance carried by U.S. Bank National Association
5. Waiver of Subrogation against any party whose interest are covered in the policy
6. Additional Insured Endorsement naming U.S. Bank National Association as an additional
insured with a 30-day notice to Lender in the event of cancellation, non-renewal or material
change. A Severability of Interests provision should be included.
IV. GENERAL REQUIREMENTS
1. All policies of insurance required herein must contain an endorsement or agreement by
the insurer that any loss will be payable in accordance with the term of such policy
notwithstanding any act or negligence of Borrower or any party holding under Borrower which
March 29, 2016 Contra Costa County BOS Official Minutes 947
LEGAL_US_W # 85090699.3
Exhibit L
Page 4
might otherwise result in forfeiture of said insurance and the further agreement of the insurer
waiving all rights of setoff, counterclaim or deductions against Borrower.
2. If Lender consents, Borrower may provide any of the required insurance through blanket
policies carried by Borrower and covering more than one location, or by policies procured by a
party holding under Borrower; provided, however, all such policies must be in form and
substance and issued by companies reasonably satisfactory to Lender.
V. OTHER COVERAGES. Lender shall have the right from time to time to make changes
(including without limitation increases to required liability limits) to the foregoing insurance
requirements and/or to require additional coverages not described above. In addition, the above
insurance requirements are subject to change or the imposition of additional coverages if required
by applicable laws, regulations or policies applicable to Lender or the Project.
March 29, 2016 Contra Costa County BOS Official Minutes 948
LEGAL_US_W # 85090699.3
Exhibit M
Page 1
EXHIBIT M
INTENTIONALLY OMITTED
March 29, 2016 Contra Costa County BOS Official Minutes 949
LEGAL_US_W # 85090699.3
Exhibit N
Page 1
EXHIBIT N
U.S. BANK RIDER
This Rider is attached to and made a part of the Construction Loan Agreement (the “Loan
Agreement”) evidencing and setting forth, terms and conditions of a loan (the “Loan”) in the amount of
$29,476,000.00 from the proceeds of those certain Multifamily Housing Revenue Bonds issued by the
California Municipal Finance Authority and assigned to the U.S. Bank National Association, a national
banking association existing under the laws of the United States of America, whose mailing address
is 4747 Executive Drive, 3rd Floor, San Diego, California 92121 (hereinafter called “Lender”), to EB,
L.P., a California limited partnership (the “Borrower”), for the construction and development financing of
East Bluff Apartments (the “Project”). Words with initial capital letters used but not defined herein shall
have the respective meanings assigned thereto in the Loan Agreement.
U.S. Bancorp Community Development Corporation, a Minnesota corporation “Investor Limited
Partner”) has been admitted to the Borrower as its limited partner upon the execution of a certain
Amended and Restated Partnership Agreement (referred to herein as the “Partnership Agreement”),
together with certain other documents relating thereto.
Upon satisfaction of certain conditions, including the delivery of this Rider, Investor Limited
Partner will make certain equity contributions to Borrower pursuant to the terms and conditions set forth
in the Partnership Agreement. Lender understands and acknowledges that Investor Limited Partner will
be relying upon the information and agreements contained in this Rider.
The parties hereto agree that the following covenants, terms, and conditions shall be part of and
shall modify or supplement each of the documents evidencing or securing the Loan (collectively, the
“Loan Documents”) while this Rider remains in full force and effect in accordance with its terms, and
that in the event of any inconsistency or conflict between the covenants, terms and conditions of the Loan
Documents and this Rider, the following covenants, terms and conditions shall control and prevail while
this Rider remains in full force and effect in accordance with its terms.
1. Non-recourse Obligation. At no time shall Investor Limited Partner have any liability
under the Loan Documents.
2. General Partner Change. Notwithstanding the general partner’s pledge and assignment
of its partnership interests made to benefit Lender under the Loan Documents, the withdrawal, removal,
and/or replacement of the general partner of Borrower pursuant to the terms of the Partnership Agreement
shall not, in and of itself, constitute a default under any of the Loan Documents, and any such actions
shall not, in and of themselves, result in acceleration of tire maturity of the Loan; provided that any
substitute general partner shall be named only with prior, written notice to Lender; and provided further
that any such substitute general partner shall be reasonably acceptable to Lender and be selected with
reasonable promptness. In addition, at the end of the Compliance Period, the transfer by the Limited
Partner of its interest in the Borrower to the General Partner (or an Affiliate thereof approved by Lender)
(as defined in the Partnership Agreement) shall not constitute a default under the Loan Documents or
accelerate the maturity of the Loan thereunder; provided that Lender shall be provided prior, written
notice of the intention to effect such transfer; and provided further still that no other default or event of
default shall then be existing under the Loan Documents or any of them. The Lender shall not charge a
transfer fee in connection with such permitted transfers; however, Lender shall be entitled to be
reimbursed by Borrower for actual out of pocket costs and expenses related thereto, including without
limitation, the reasonable fees and expenses of Lender’s counsel.
March 29, 2016 Contra Costa County BOS Official Minutes 950
LEGAL_US_W # 85090699.3
Exhibit N
Page 2
3. Transfer of Limited Partner Interests. The interests of the Investor Limited Partner
shall be freely transferable to any Affiliate (as defined in the Loan Documents) of the Investor Limited
Partner without the consent or approval of but only with prior, written notice to Lender. The transfer, sale
or assignment of limited partnership interests in Borrower to any entity in which the Investor Limited
Partner or an Affiliate thereof, has an ownership interest, directly or indirectly, and manages directly or
indirectly the affairs of such entity shall be a permitted transfer and shall not require the consent or
approval of the Lender; provided however that in the event of non-payment of capital contribution
obligations by the transferee pursuant to the terms and conditions of the Partnership Agreement, the
Investor Limited Partner shall remain liable for the amount of such unpaid capital contribution
obligations. The Lender shall not charge a transfer fee in connection with such permitted transfers;
however, Lender shall be entitled to be reimbursed by Borrower for actual out of pocket costs and
expenses related thereto, including without limitation, the reasonable fees and expenses of Lender’s
counsel.
4. Replacement of Property Management Lender. The Lender acknowledges that the
Investor Limited Partner has the right to require removal of the property management Lender pursuant to
the Partnership Agreement and the Lender shall not unreasonably withhold its consent to such
replacement of the property management Lender; provided that in each instance, Lender shall be entitled
to receive a collateral assignment of the property management agreement which shall contain a usual and
customary subordination from the property management Lender, all in form and substance satisfactory to
Lender.
5. Notice. All notices to Borrower’s Investor Limited Partner shall be sent to the following
address unless otherwise directed by the Investor Limited Partner in writing:
U.S. Bancorp Community Development Corporation
1307 Washington Avenue, Suite 300
Mail Code: SL MO RMCD
St. Louis, Missouri 63103
Attn.: Director of LIHTC Asset Management
Phone: (314) 335-2600
With a copy to:
Kutak Rock LLP
1650 Farnam Street
Omaha, Nebraska 68102
Attention: Jill Goldstein, Esq.
Phone: (402) 346-6000
6. Notice and Cure Rights. Lender will give the Investor Limited Partner a copy of any
written notice (at the Investor Limited Partner’s address set forth above) that it gives to Borrower under
the Loan Documents. Lender will allow the Investor Limited Partner ten (10) days after giving the
Investor Limited Partner notice to cure a monetary default under the Loan Documents other than
payments due at maturity. Lender will allow the Investor Limited Partner up to thirty (30) days after
giving the Investor Limited Partner notice to cure any non-monetary default under the Loan Documents;
provided however that, in the event a non-monetary default is not susceptible to being cured within such
thirty (30) days, Lender will allow the Investor Limited Partner an additional period of up to ninety
(90) days to cure such default provided the Investor Limited Partner has commenced to cure such default
and is diligently and continuously proceeding to cure such default through the end of such ninety (90) day
period. If the Investor Limited Partner makes any such payment or otherwise offers cure of a default,
March 29, 2016 Contra Costa County BOS Official Minutes 951
LEGAL_US_W # 85090699.3
Exhibit N
Page 3
Lender will accept or reject such action as curing such default on the same basis as if such payment or
cure were made directly by Borrower.
Nothing in this Paragraph 6 shall reduce or otherwise limit the rights, remedies or other actions
available to the Investor Limited Partner against the Borrower with respect to such default pursuant to the
Partnership Agreement or otherwise, including, but not limited to, its rights of removal under Section 9.2
of the Partnership Agreement or its rights of repurchase under Section 5.13 of the Partnership Agreement;
provided that, it is understood, acknowledged and agreed that any such actions against the Borrower, if
taken by the Investor Limited Partner under the Partnership Agreement or otherwise, shall not, in and of
themselves, constitute cure of any default under the Loan Documents or any of them. It is specifically
agreed that the Lender shall not require the Investor Limited Partner to cure any default of Borrower
which is not susceptible of cure by Investor Limited Partner, but in such event, Lender shall have all of its
rights by reason of such uncured default of Borrower.
7. Insurance and Condemnation Proceeds. Lender will permit insurance and
condemnation proceeds to be used to rebuild and restore the Project provided that (i) sufficient funds are
provided to effectively rebuild the Project to a lawful multifamily housing complex substantially similar
to the Project as it existed prior to event of casualty or condemnation then giving rise to such proceeds
and the need to rebuild or restore the Project; provided that in the event the Project cannot be so rebuilt or
restored then the applicable provisions of the Loan Documents relating to reappraisals, remargining and
prepaying (in whole or in part) the Loan shall be employed to determine to what extent, if any, the Loan is
to be remargined and prepaid, whether as a result of decreased value, decreased Project revenues, reduced
cash flows or otherwise but giving credit for business interruption insurance, if any; (ii) Lender shall hold
all such proceeds and disburse them based on such reasonable conditions as Lender may impose and
(iii) if rebuilding or restoring the Project is reasonably expected to exceed the maturity date of the Loan,
Lender will use its best efforts to extend the loan maturity date to the anticipated date of completion of
restoration or rebuilding of the Project.
Notwithstanding the foregoing, any such proceeds not to be used to pay costs of rebuilding and
restoring the Project (in the event the Project cannot be rebuilt or restored as described in (i) of this
Paragraph 7) shall be used to remargin and prepay the Loan and to pay costs associated therewith,
including without limitation, any prepayment premium, breakfunding, yield maintenance, termination or
breakage fees or other similar amounts, to the extent such amounts are actually owed pursuant to the Loan
Documents.
The provisions of this Paragraph 7 shall not apply during such time as an Event of Default has
occurred under the Loan Documents and has not been cured pursuant the terms thereof.
8. Disbursement Requirements. The parties agree that Investor Limited Partner shall have
the right to review and approve draws from proceeds of the First Capital Contribution held by Lender.
9. Intentionally Omitted.
10. Intentionally Omitted.
11. Equity Pay-in Schedule. Notwithstanding anything to the contrary in the Loan
Documents, any and all terms of the Loan Documents relating to the requirement of the Investor Limited
Partner to make capital contributions to the Borrower (including as set forth in any assignment of capital
contributions to Lender) shall be expressly subject to the terms and conditions of the Partnership
Agreement, and specifically, to the terms and conditions required to be met by the Borrower in
connection with each equity contribution as set forth in the Partnership Agreement.
March 29, 2016 Contra Costa County BOS Official Minutes 952
LEGAL_US_W # 85090699.3
Exhibit N
Page 4
12. Investor Limited Partner Approvals. Notwithstanding anything to the contrary in the
Loan Documents, the prior written approval of the Investor Limited Partner shall be required for any
withdrawal from or disbursement of funds from the replacement reserve account, operating reserve
account, or any other reserve account pledged to Lender and maintained with Lender; provided that
notwithstanding the foregoing, no prior written approval of the Investor Limited Partner shall be required
during such time as (a) a monetary default has occurred and is continuing under the terms of the Loan
Documents, and (b) real estate tax payments or require insurance premium payments with respect to the
Project remain unpaid to the extent required pursuant to the Loan Documents.
13. Amendments. Any amendment of the Partnership Agreement that (a) does not, in the
discretion of the Investor Limited Partner, materially and adversely affect the Lender, (b) solely effects a
transfer of the Investor Limited Partner’s interest which is permitted pursuant to Section 3 hereof or
(c) memorializes an upward or downward credit adjuster which is contemplated under the terms and
conditions of the Partnership Agreement at closing, shall, in any such case, not require the consent or
approval of the Lender, however, the Lender shall be provided notice and copies of any such
amendments. Notwithstanding anything to the contrary in the Loan Documents, Lender shall not amend
or waive any term or provision of the Loan Documents or consent to a departure therefrom by Borrower
in any manner which adversely affects Investor Limited Partner’s rights under the Partnership Agreement,
without the prior written consent of Investor Limited Partner, which consent shall not be unreasonably
withheld, conditioned or delayed; provided that notwithstanding the foregoing, no prior written approval
of the Investor Limited Partner shall be required during the continuance of an Event of Default under the
Loan Documents.
14. Termination of Rider. This Rider shall terminate and be of no further force or effect,
without further action on the part of any party, if (a) U.S. Bancorp Community Development Corporation
or an Affiliate thereof (collectively, “USBCDC”) is (i) no longer the Investor Limited Partner in the
Borrower and (ii) is not the general partner, managing member, or non-member manager of the Investor
Limited Partner in the Borrower or (b) the entity (or an Affiliate thereof) which holds more than 50% of
the ownership interest in USBCDC is no longer the same entity (or an Affiliate thereof) which holds more
than 50% of the ownership interest in Lender.
15. Counterparts. This Rider may be executed in counterparts.
16. Intended Beneficiaries. The parties intend that the USBCDC and the Lender are the
sole beneficiaries of this Rider, and that no person other than USBCDC and the Lender may directly or
indirectly rely upon or enforce the provisions of this Rider, whether as a third party beneficiary or
otherwise.
17. Defaults. Notwithstanding anything to the contrary in the Loan Documents, an Event of
Default in the Partnership Agreement shall not constitute an Event of Default under the Loan Documents
unless the Investor Limited Partner has provided the Lender with written notice thereof and such written
notice further states that the Investor Limited Partner has not waived (and will not waive) such Event of
Default.
18. Loan Balancing. Notwithstanding anything to the contrary in the Loan Documents, the
Investor Limited Partner may, but shall at no time during the term of the Loan, be required to make any
advance of cash to the Borrower to pay Project Costs to bring the Loan In Balance (as defined in the Loan
Documents), or otherwise in any way remedy the failure of the Loan to be In Balance.
[Signature pages follow]
March 29, 2016 Contra Costa County BOS Official Minutes 953
LEGAL_US_W # 85090699.3
[Signature Page to Exhibit N to Construction Loan Agreement]
IN WITNESS WHEREOF, the undersigned duly authorized signatories of the respective parties
have caused this Rider to be executed and delivered as of January 15, 2015.
BORROWER:
EB, L.P.,
a California limited partnership
By: EB LLC, a California limited
liability company, its sole general partner
By: Eden Investments, Inc., a California
nonprofit public benefit corporation,
its sole member/manager
By: ______________________
Name: Linda Mandolini
Title: President
[Signature pages continue]
March 29, 2016 Contra Costa County BOS Official Minutes 954
LEGAL_US_W # 85090699.3
[Signature Page to Exhibit N to Construction Loan Agreement]
U.S. BANK NATIONAL ASSOCIATION,
a national banking association, as Lender,
By: ___________________________________
Name: _________
Title: _________
[Signature pages continue]
March 29, 2016 Contra Costa County BOS Official Minutes 955
LEGAL_US_W # 85090699.3
[Signature Page to Exhibit N to Construction Loan Agreement]
U.S. BANCORP COMMUNITY
DEVELOPMENT CORPORATION,
a Minnesota corporation
By: ___________________________________
Name: Joel Oliver
Title: Assistant Vice President
[End of signature pages]
March 29, 2016 Contra Costa County BOS Official Minutes 956
Quint & Thimmig LLP 2/22/16
3/1/16
3/6/16
3/14/16
03007.30:J13886
INDENTURE
by and between the
COUNTY OF CONTRA COSTA, CALIFORNIA,
as Issuer
and
U.S. BANK NATIONAL ASSOCIATION,
as Bondowner Representative
dated as of March _____, 2016
relating to:
$__________
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(East Bluff Apartments), Series 2016A
March 29, 2016 Contra Costa County BOS Official Minutes 957
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TABLE OF CONTENTS
ARTICLE I
DEFINITIONS AND GENERAL PROVISIONS
Section 1.01. Definitions. .........................................................................................................................................................3
Section 1.02. Rules of Construction. ....................................................................................................................................10
ARTICLE II
THE BONDS
Section 2.01. Authorization. .................................................................................................................................................11
Section 2.02. Terms of Bonds. ...............................................................................................................................................11
Section 2.03. Payment of Bonds. ..........................................................................................................................................11
Section 2.04. Execution of Bonds. ........................................................................................................................................12
Section 2.05. Transfer of Bonds. ...........................................................................................................................................12
Section 2.06. Bond Register. ..................................................................................................................................................13
Section 2.07. Replacement of Bonds ....................................................................................................................................13
ARTICLE III
ISSUANCE OF BONDS; APPLICATION OF PROCEEDS
Section 3.01. Authentication and Delivery of the Bonds. .................................................................................................15
Section 3.02. Application of Proceeds of Bonds. ...............................................................................................................15
Section 3.03. Program Fund. .................................................................................................................................................16
ARTICLE IV
REDEMPTION OF BONDS
Section 4.01. Circumstances of Redemption. .....................................................................................................................17
Section 4.02. No Notice of Redemption ..............................................................................................................................17
Section 4.03. Effect of Redemption. .....................................................................................................................................17
ARTICLE V
REVENUES
Section 5.01. Pledge of Revenues. ........................................................................................................................................18
Section 5.02. Bond Fund. .......................................................................................................................................................19
Section 5.03. Investment of Moneys ....................................................................................................................................20
Section 5.04. Enforcement of Obligations ...........................................................................................................................21
Section 5.05. Notice of Payment in Full of Bonds ..............................................................................................................21
ARTICLE VI
COVENANTS OF THE ISSUER
Section 6.01. Payment of Principal and Interest. ...............................................................................................................22
Section 6.02. Paying Agents. .................................................................................................................................................22
Section 6.03. Preservation of Revenues; Amendment of Documents ............................................................................22
Section 6.04. Compliance with Indenture. .........................................................................................................................23
Section 6.05. Further Assurances. ........................................................................................................................................23
Section 6.06. No Arbitrage. ...................................................................................................................................................23
Section 6.07. Limitation of Expenditure of Proceeds ........................................................................................................23
Section 6.08. Rebate of Excess Investment Earnings to United States. ...........................................................................23
Section 6.09. Limitation on Issuance Costs. ........................................................................................................................24
Section 6.10. Federal Guarantee Prohibition. .....................................................................................................................24
Section 6.11. Prohibited Facilities. .......................................................................................................................................24
Section 6.12. Use Covenant ...................................................................................................................................................24
Section 6.13. Immunities and Limitations of Responsibility of Issuer ...........................................................................24
Section 6.14. Additional Representations by the Issuer ...................................................................................................25
ARTICLE VII
DEFAULT
Section 7.01. Events of Default; Acceleration; Waiver of Default ...................................................................................27
Section 7.02. Institution of Legal Proceedings by Bondowner Representative.............................................................28
Section 7.03. Application of Moneys Collected by Bondowner Representative. ..........................................................28
Section 7.04. Effect of Delay or Omission to Pursue Remedy. ........................................................................................29
Section 7.05. Remedies Cumulative. ...................................................................................................................................29
March 29, 2016 Contra Costa County BOS Official Minutes 958
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Section 7.06. Covenant to Pay Bonds in Event of Default. ...............................................................................................29
Section 7.07. Bondowner Representative Appointed Agent for Bondholders. ............................................................29
Section 7.08. Power of Bondowner Representative to Control Proceedings. ................................................................29
Section 7.09. Limitation on Bondholders’ Right to Sue. ...................................................................................................30
Section 7.10. Limitation of Liability to Revenues. .............................................................................................................30
ARTICLE VIII
THE BONDOWNER REPRESENTATIVE AND AGENTS
Section 8.01. Duties, Immunities and Liabilities of Bondowner Representative. .........................................................31
Section 8.02. Right of Bondowner Representative to Rely Upon Documents, Etc. ......................................................33
Section 8.03. Bondowner Representative Not Responsible for Recitals. .......................................................................33
Section 8.04. Intervention by Bondowner Representative. ..............................................................................................34
Section 8.05. Moneys Received by Bondowner Representative. .....................................................................................34
Section 8.06. Compensation and Indemnification of Bondowner Representative and Agents. .................................34
Section 8.07. Qualifications of Bondowner Representative. ............................................................................................35
Section 8.08. Merger or Consolidation of Bondowner Representative. .........................................................................35
Section 8.09. Dealing in Bonds. ............................................................................................................................................35
Section 8.10. Indemnification of Issuer by Bondowner Representative ........................................................................35
Section 8.11. Bondowner Representative Not Agent of Issuer ........................................................................................36
ARTICLE IX
MODIFICATION OF INDENTURE
Section 9.01. Modification of Indenture ..............................................................................................................................37
Section 9.02. Effect of Supplemental Indenture. ................................................................................................................37
Section 9.03. Opinion of Counsel as to Supplemental Indenture. ..................................................................................37
Section 9.04. Notation of Modification on Bonds; Preparation of New Bonds. ............................................................37
ARTICLE X
DISCHARGE OF INDENTURE
Section 10.01. Discharge of Indenture. ..................................................................................................................................39
ARTICLE XI
MISCELLANEOUS
Section 11.01. Successors of Issuer. ........................................................................................................................................40
Section 11.02. Limitation of Rights to Parties and Bondholders. ......................................................................................40
Section 11.03. Waiver of Notice. ............................................................................................................................................40
Section 11.04. Destruction of Bonds. .....................................................................................................................................40
Section 11.05. Separability of Invalid Provisions. ...............................................................................................................40
Section 11.06. Notices. .............................................................................................................................................................40
Section 11.07. Authorized Representatives. .........................................................................................................................41
Section 11.08. Evidence of Rights of Bondholders. .............................................................................................................42
Section 11.09. Waiver of Personal Liability. .........................................................................................................................42
Section 11.10. Holidays. ..........................................................................................................................................................43
Section 11.11. Execution in Several Counterparts. ..............................................................................................................43
Section 11.12. Governing Law. ...............................................................................................................................................43
Section 11.13. Successors .........................................................................................................................................................43
EXHIBIT A FORM OF BOND
EXHIBIT B FORM OF INVESTOR’S LETTER
March 29, 2016 Contra Costa County BOS Official Minutes 959
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INDENTURE
This Indenture, dated as of March _____, 2016 (this “Indenture”), is by and between the
County of Contra Costa, California, a political subdivision and body corporate and politic, duly
organized and existing under the laws of the State of California (herein called the “Issuer”), and
U.S. Bank National Association, a national banking association organized under the laws of the
United States of America, and being qualified to accept and administer the obligations and duties
of the Bondowner Representative hereunder, as Bondowner Representative (herein called the
“Bondowner Representative”).
RECITALS:
WHEREAS, under the provisions of Chapter 7 of Part 5 of Division 31 (commencing with
Section 52075) of the California Health and Safety Code (the “Act”), the Issuer proposes to issue
its County of Contra Costa, California Multifamily Housing Revenue Bonds (East Bluff
Apartments), Series 2016A (the “Bonds”); and
WHEREAS, the Issuer and the Bondowner Representative have duly entered into a
construction loan agreement, dated the same date as the date of this Indenture (the “Agreement”
or the “Loan Agreement”) with EB, L.P., a California limited partnership (the “Borrower”),
specifying the terms and conditions of the lending of the proceeds of the Bonds (the “Loan”) to
the Borrower for the financing of a portion of the costs of the acquisition and rehabilitation of 144
units of multifamily rental housing (inclusive of two manager’s units) located at 1813 Marlesta
Court in the City of Pinole, California (as more fully described in the definition “Project” in
Section 1.01 hereof, the “Project), and the repayment by the Borrower of the Loan; and
WHEREAS, in order to provide for the authentication and delivery of the Bonds, to
establish and declare the terms and conditions upon which the Bonds are to be issued and secured
and to secure the payment of the principal thereof and of the interest and premium, if any,
thereon, the Issuer has authorized the execution and delivery of this Indenture; and
WHEREAS, all conditions, things and acts required by the Act, and by all other laws of
the State of California, to exist, have happened and have been performed precedent to and in
connection with the issuance of the Bonds exist, have happened, and have been performed in due
time, form and manner as required by law, and the Issuer is now duly authorized and
empowered, pursuant to each and every requirement of law, to issue the Bonds for the purpose,
in the manner and upon the terms herein provided; and
WHEREAS, all acts and proceedings required by law necessary to make the Bonds, when
executed by the Issuer, authenticated and delivered by the Bondowner Representative and duly
issued, the valid, binding and legal limited obligations of the Issuer, and to constitute this
Indenture a valid and binding agreement for the uses and purposes herein set forth, in accordance
with its terms, have been done and taken, and the execution and delivery of this Indenture have
been in all respects duly authorized.
AGREEMENT:
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the
payment of the principal of, and the interest and premium, if any, on, all Bonds at any time issued
and outstanding under this Indenture, according to their tenor, and to secure the performance
March 29, 2016 Contra Costa County BOS Official Minutes 960
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and observance of all the covenants and conditions therein and herein set forth, and to declare
the terms and conditions upon and subject to which the Bonds are to be issued and received, and
for and in consideration of the premises and of the mutual covenants herein contained and of the
purchase and acceptance of the Bonds by the owners thereof, and for other consideration the
receipt and sufficiency of which are hereby acknowledged, the Issuer covenants and agrees with
the Bondowner Representative, for the equal and proportionate benefit of the respective
registered owners from time to time of the Bonds, as follows:
March 29, 2016 Contra Costa County BOS Official Minutes 961
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ARTICLE I
DEFINITIONS AND GENERAL PROVISIONS
Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in
this Section 1.01 shall, for all purposes of this Indenture and of the Loan Agreement and of any
indenture supplemental hereto or agreement supplemental thereto, have the meanings herein
specified, as follows:
The term “Act” means Chapter 7 of Part 5 of Division 31 (commencing with Section 52075)
of the California Health and Safety Code.
The term “Administrator” means the Issuer or any administrator appointed by the Issuer
to administer the Regulatory Agreement, and any successor Administrator appointed by the
Issuer.
The term “Affiliate” means, as to any Person, any other Person that, directly or indirectly,
is in Control of, is Controlled by or is under common Control with such Person.
The term “Agreement” or “Loan Agreement” means the Construction Loan Agreement,
dated the same date as the date of this Indenture, among the initial Bondowner Representative,
the Issuer and the Borrower; provided, however, upon the Permanent Lender’s purchase of the
Bonds pursuant to the Bond Purchase Agreement, the Loan Agreement shall be supplemented
by the terms of the Permanent Loan Agreement, whereupon the term “Loan Agreement” shall
thereafter mean and refer to the Loan Agreement, as supplemented by the Permanent Loan
Agreement.
The term “Approved Institutional Buyer” means (a) a “qualified institutional buyer” as
defined in Rule 144A promulgated under the United Stated Securities Act of 1933, as in effect on
the date hereof (the “Securities Act”); (b) an “accredited investor” as defined in Sections 501(a)(1)
through (3) of Regulation D promulgated under the Securities Act; (c) an entity that is directly or
indirectly wholly owned or controlled by the purchaser/bondholder representative (being a
financial institution described in (a) above); (d) an entity all of the investors in which are described
in (a), (b) or (c) above; or (e) a custodian or trustee for a party described in (a), (b) or (c) above.
The term “Assignment of Deed of Trust” means the Assignment of Deed of Trust and
Related Documents, dated the same date as the date of this Indenture, by the Issuer to the
Bondowner Representative.
The term “Authorized Amount” means __________ Million __________ Hundred
__________ Thousand __________ Hundred __________ Dollars ($__________), the authorized
maximum principal amount of the Bonds.
The term “Authorized Borrower Representative” means any person who at the time and
from time to time may be designated as such, by written certificate furnished to the Issuer and
the Bondowner Representative containing the specimen signature of such person and signed on
behalf of the Borrower by the President of the member/manager of the general partner of the
Borrower, which certificate may designate an alternate or alternates.
The term “Authorized Denomination” means $250,000 or any integral multiple of $5,000
in excess thereof, provided that in any event one Bond may be in a denomination equal to the
outstanding principal amount of the Bonds.
March 29, 2016 Contra Costa County BOS Official Minutes 962
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The term “Authorized Issuer Representative” means the Chair or Vice Chair of the Board
of Supervisors of the Issuer, or the Issuer’s County Administrator, Director of the Department of
Conservation and Development, or Community Development Board Program Manager, or any
other person designated to act in such capacity by a Certificate of the Issuer.
The term “Bond Counsel” means (a) Quint & Thimmig LLP, or (b) any attorney at law or
other firm of attorneys selected by the Borrower and acceptable to the Issuer of nationally
recognized standing in matters pertaining to the federal tax status of interest on bonds issued by
states and political subdivisions, and duly admitted to practice law before the highest court of
any state of the United States of America, but shall not include counsel for the Borrower.
The term “Bond Documents” has the meaning given to such term in the Loan Agreement.
The term “Bond Fund” means the fund established pursuant to Section 5.02 hereof.
The term “Bondowner Representative” means (a) initially, U.S. Bank National
Association, a national banking association organized under the laws of the United States of
America and, on and after the Permanent Lender’s purchase of the Bonds pursuant to the Bond
Purchase Agreement, CCRC; or (b) any successor thereto under Section 8.08 hereof; or (c) subject
to the provisions of Section 8.07, any entity that is the owner of a majority in principal amount of
the Bonds then Outstanding or a Person selected by the owners of a majority in principal amount
of the Bonds then Outstanding.
The term “Bond Purchase Agreement” means the Bond Purchase Agreement, dated as of
the same date as the date of this Indenture, by and among the Initial Bond Purchaser, the
Permanent Lender and the Borrower, as it may be amended and supplemented according to its
terms.
The term “Bonds” means the County of Contra Costa, California Multifamily Housing
Revenue Bonds (East Bluff Apartments), Series 2016A, issued and outstanding hereunder.
The term “Bond Year” means the one-year period beginning on January 1 in each year
and ending December 31 in the following year, except that the first Bond Year shall begin on the
Closing Date and end on December 31, 2016.
The term “Borrower” means EB, L.P., a California limited partnership, and its successors
and assigns under the provisions of the Loan Agreement and the Regulatory Agreement.
The term “Business Day” means any day other than a Saturday, Sunday, legal holiday,
or a day on which banking institutions in the city in which the Bondowner Representative’s
Principal Office is located are authorized or obligated by law or executive order to close.
The term “CCRC” means and refers to California Community Reinvestment Corporation,
a California nonprofit public benefit corporation, and its successors and assigns.
The term “Certificate of the Issuer” means a certificate of the Issuer signed by an
Authorized Issuer Representative.
The term “Certified Resolution” means a copy of a resolution of the Issuer certified by a
member of the Board of Directors of the Issuer or the Executive Director of the Issuer to have been
duly adopted by the Issuer and to be in full force and effect on the date of such certification.
March 29, 2016 Contra Costa County BOS Official Minutes 963
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The term “Closing Date” means the date of initial delivery of the Bonds and funding by
the initial owner of the Bonds of the Initial Disbursement.
The term “Code” means the Internal Revenue Code of 1986 as in effect on the date of
issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply
to obligations issued on the date of issuance of the Bonds, together with applicable proposed,
temporary and final regulations promulgated, and applicable official public guidance published,
under the Code.
The term “Control” means, with respect to any Person, either (i) ownership directly or
through other entities of more than 50% of all beneficial equity interest in such Person, or (ii) the
possession, directly or indirectly, of the power to direct or cause the direction of the management
and policies of such Person, through the ownership of voting securities, by contract or otherwise.
The term “Conversion” has the meaning given to that term in the Bond Purchase
Agreement.
The term “Conversion Date” has the meaning given to that term in the Bond Purchase
Agreement.
The term “Debt Service” means the scheduled amount of interest and amortization of
principal payable on the Bonds during the period of computation, excluding amounts scheduled
during such period which relate to principal which has been retired before the beginning of such
period.
The term “Deed of Trust” means the Deed of Trust, Assignment of Leases and Rents,
Security Agreement and Fixture Filing, dated the same date as the date of this Indenture, executed
by the Borrower for the benefit of the Issuer, for the purpose of securing the obligations of the
Borrower under the Note and the Loan Agreement (except as otherwise provided in the Loan
Agreement), as such deed of trust is originally executed or as from time to time supplemented
and amended in accordance with its terms and the terms of the Loan Agreement.
The term “Default Rate” has the meaning given to such term in the Loan Agreement.
The term “Event of Default” as used herein, other than with respect to defaults under the
Loan Agreement, shall have the meaning specified in Section 7.01 hereof; and as used in the Loan
Agreement shall have the meaning specified in Section 15.1 thereof.
The term “Fair Market Value” means the price at which a willing buyer would purchase
the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the
date the contract to purchase or sell the investment becomes binding) if the investment is traded
on an established securities market (within the meaning of section 1273 of the Code) and,
otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length
transaction (as referenced above) if (a) the investment is a certificate of deposit that is acquired in
accordance with applicable regulations under the Code, (b) the investment is an agreement with
specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated
interest rate (for example, a guaranteed investment contract, a forward supply contract or other
investment agreement) that is acquired in accordance with applicable regulations under the
Code, or (c) the investment is a United States Treasury Obligation-State Local Government Series
that is acquired in accordance with applicable regulations of the United States Bureau of Public
Debt.
March 29, 2016 Contra Costa County BOS Official Minutes 964
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The term “Holder,” “holder” or “Bondholder” or “owner” or “Bondowner” means the
Person in whose name any Bond is registered.
The term “Indenture” means this Indenture, as originally executed or as it may from time
to time be supplemented, modified or amended by any Supplemental Indenture entered into
pursuant to the provisions hereof.
The term “Initial Bond Purchaser” means U.S. Bank National Association.
The term “Initial Disbursement” means the amount of the initial funding of the Bonds
on the Closing Date, as set forth in a Receipt for Promissory Note and Acknowledgement of
Funding of Bonds executed by the Bondowner Representative and delivered on the Closing Date.
The term “Issuance Costs” means all costs and expenses of issuance of the Bonds,
including, but not limited to: (a) Bond purchaser’s discount and fees; (b) counsel fees, including
Bond Counsel and Borrower’s counsel, as well as any other specialized counsel fees incurred in
connection with the issuance of the Bonds or the Loan; (c) the Issuer’s fees and expenses incurred
in connection with the issuance of the Bonds, including fees of any advisor to the Issuer, and the
Issuer administrative fee for processing the request of the Borrower to issue the Bonds; (d)
Bondowner Representative’s fees and expenses, and Bondowner Representative’s counsel fees
and expenses; (e) paying agent’s and certifying and authenticating agent’s fees related to issuance
of the Bonds; (f) accountant’s fees related to issuance of the Bonds; (g) publication costs associated
with the financing proceedings; and (h) costs of engineering and feasibility studies necessary to
the issuance of the Bonds.
The term “Interest Payment Date” means the first calendar day of each month,
commencing __________ 1, 2016.
The term “Investment Securities” means any of the following (including any funds
comprised of the following, which may be funds maintained or managed by the Bondowner
Representative and its affiliates), but only to the extent that the same are acquired at Fair Market
Value:
(a) direct obligations of the United States of America (including obligations
issued or held in book-entry form on the books of the Department of the Treasury of the
United States of America) or obligations the timely payment of the principal of and
interest on which are fully guaranteed by the United States of America, including
instruments evidencing an ownership interest in securities described in this clause (a);
(b) obligations, debentures, notes or other evidences of indebtedness issued or
guaranteed by any of the following: Federal Home Loan Bank System, Export-Import
Bank of the United States, Federal Financing Bank, Federal Land Banks, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation or Federal
Housing Administration;
(c) repurchase agreements (including those of the Bondowner Representative)
fully secured by collateral security described in clause (a) or (b) of this definition, which
collateral (i) is held by the Agent or a third party agent approved by the Bondowner
Representative during the term of such repurchase agreement, (ii) is not subject to liens
or claims of third parties and (iii) has a market value (determined at least once every
fourteen (14) days) at least equal to the amount so invested;
March 29, 2016 Contra Costa County BOS Official Minutes 965
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(d) certificates of deposit of, or time deposits or deposit accounts in, any bank
(including the Bondowner Representative) or savings and loan association (i) the debt
obligations of which (or in the case of the principal bank of a holding company, the debt
obligations of the bank holding company of which) have been rated “A” or better by S&P,
or (ii) which are fully insured by the Federal Deposit Insurance Corporation, or (iii) which
are secured at all times, in the manner and to the extent provided by law, by collateral
security (described in clause (a) or (b) of this definition) of a market value (valued at least
quarterly) of no less than the amount of money so invested;
(e) investment agreements of financial institutions or insurance companies, in
each case having uninsured, unsecured and unguaranteed obligations rated “AA-” or
better by S&P, provided, however, that any such investment may be provided by a
financial institution or insurance company having uninsured, unsecured and
unguaranteed obligations not rated “AA-” or better by S&P, if such investment is
unconditionally insured, guaranteed or enhanced by an entity whose uninsured,
unsecured and unguaranteed obligations are rated “AA-” or better by S&P;
(f) shares in any investment company registered under the federal Investment
Company Act of 1940 whose shares are registered under the federal Securities Act of 1933
and whose only investments are government securities described in clause (a) or (b) of
this definition and repurchase agreements fully secured by government securities
described in clause (a) or (b) of this definition and/or other obligations rated “AAA” by
S&P, including investment companies and master repurchase agreements from which the
Bondowner Representative or an affiliate derives a fee for investment advising or other
service;
(g) tax-exempt obligations of any state of the United States, or political
subdivision thereof, which are rated “A” or better by S&P or mutual funds invested only
in such obligations;
(h) units of a taxable or nontaxable government money-market portfolio
composed of U.S. Government obligations and repurchase agreements collateralized by
such obligations;
(i) commercial paper rated “A” or better by S&P;
(j) corporate notes or bonds with one year or less to maturity rated “A” or
better by S&P;
(k) a money market account or savings account with the Bondowner
Representative; or
(l) any other investment approved by the Bondowner Representative.
The term “Issuance Costs” means all costs and expenses of issuance of the Bonds,
including, but not limited to: (a) Bond purchaser’s discount and fees; (b) counsel fees, including
Bond Counsel and Borrower’s counsel, as well as any other specialized counsel fees incurred in
connection with the issuance of the Bonds or the Loan; (c) the Issuer’s fees and expenses incurred
in connection with the issuance of the Bonds, including fees of any advisor to the Issuer, and the
Issuer administrative fee for processing the request of the Borrower to issue the Bonds; (d)
Bondowner Representative’s fees and expenses, and Bondowner Representative’s counsel fees
and expenses; (e) paying agent’s and certifying and authenticating agent’s fees related to issuance
of the Bonds; (f) accountant’s fees related to issuance of the Bonds; (g) publication costs associated
March 29, 2016 Contra Costa County BOS Official Minutes 966
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with the financing proceedings; and (h) costs of engineering and feasibility studies necessary to
the issuance of the Bonds.
The term “Issuer” means the County of Contra Costa, California, and its successors and
assigns as provided in Section 11.01.
The term “Loan” means the loan made by the Issuer to the Borrower pursuant to the
Agreement for the purpose of financing costs of the acquisition and rehabilitation by the
Borrower of the Project.
The term “Loan Agreement” means the Agreement, as defined herein.
The term “Loan Documents” has the meaning given such term in the Loan Agreement.
The term “Maturity Date” means __________ 1, 20_____.
The term “Maximum Lawful Rate” means the highest per annum rate of interest
permissible to be borne by the Bonds under the Act and any other applicable laws of the State of
California.
The term “Note” means the Promissory Note evidencing the Loan, in the form executed
by the Borrower on the Closing Date, and as it may be amended in accordance with the terms of
the Loan Agreement and this Indenture.
The term “Opinion of Counsel” means a written opinion of counsel, who may be counsel
for the Issuer, Bond Counsel or counsel for the Bondowner Representative.
The term “Outstanding” or “outstanding,” when used as of any particular time with
reference to Bonds, shall, subject to the provisions of Section 11.08(e), mean all Bonds theretofore
authenticated and delivered by the Bondowner Representative under this Indenture except:
(a) Bonds theretofore canceled by the Bondowner Representative or surrendered
to the Bondowner Representative for cancellation;
(b) Bonds for the payment or redemption of which moneys or securities in the
necessary amount (as provided in Section 10.01) shall have theretofore been deposited
with the Bondowner Representative (whether upon or prior to the maturity or the
redemption date of such Bonds); and
(c) Bonds in lieu of or in substitution for which other Bonds shall have been
authenticated and delivered by the Bondowner Representative pursuant to the terms of
Section 2.05.
The term “Outstanding” or “outstanding,” when used with respect to the principal
amount of any particular Bond, means the amount of the purchase price of the Bond theretofore
advanced by the Bondowner, less any principal that has theretofore been repaid.
The term “Permanent Lender” means CCRC.
The term “Permanent Loan Agreement” means that certain Permanent Loan Agreement,
dated as of the same date as the date of this Indenture, by and between the Permanent Lender
and the Borrower with respect to the Project.
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The term “Person” or “person” means an individual, a corporation, a partnership, a
limited partnership, a limited liability company, a limited liability partnership, a trust, an
unincorporated organization or a government or any agency or political subdivision thereof.
The term “Principal Office” means the office of the Bondowner Representative located at
the address set forth in Section 11.06 hereof, or at such other place as the Bondowner
Representative shall designate by notice given under said Section 11.06.
The term “Principal Payment Date” means any date on which principal of the Loan is
due and payable under the Note, as provided in the Loan Agreement and the Note.
The term “Program Fund” means the fund established pursuant to Section 3.03 hereof.
The term “Project” means 144 units of multifamily rental housing to be acquired and
rehabilitated by the Borrower with proceeds of the Loan, located at 1813 Marlesta Court in the
City of Pinole, California, including fixtures and equipment, and including an allocable share of
common areas in the building, as well as any structures, buildings, fixtures or equipment
acquired in substitution for, as a renewal or replacement of, or a modification or improvement to,
all or any part of such units, areas and facilities, and shall include a fee interest in the real property
on which such housing is to be located.
The term “Project Costs” has the meaning given such term in the Regulatory Agreement.
The term “Qualified Project Costs” has the meaning given such term in the Regulatory
Agreement.
The term “Regulations” means the Income Tax Regulations promulgated or proposed by
the Department of the Treasury pursuant to the Code from time to time or pursuant to any
predecessor statute to the Code.
The term “Regulatory Agreement” means the Regulatory Agreement and Declaration of
Restrictive Covenants, dated the same date as the date of this Indenture, by and between the
Issuer and the Borrower, as in effect on the Closing Date and as thereafter amended in accordance
with its terms.
The term “Responsible Officer” of the Bondowner Representative means any officer of
the Bondowner Representative assigned to administer its duties hereunder.
The term “Revenues” means all amounts pledged hereunder to the payment of principal
of, premium, if any, and interest on the Bonds, including, but not limited to, repayments of the
Loan required or permitted to be made by the Borrower pursuant to Sections 2.1, 2.2(a), (c) and
(d), 2.4 and 2.8 of the Loan Agreement; but such term shall not include payments to the United
States, the Issuer, the Administrator or the Bondowner Representative pursuant to Sections 2.2(e),
2.5, 2.6, 9.1(c) and (g), 10.1, 10.2, 10.3, 12.10, 16.2 or 16.36 of the Loan Agreement or Sections 6.08
or 8.06 hereof or Sections 2(t), 4A, 9 or 20 of the Regulatory Agreement.
The term “S&P” means Standard & Poor’s Ratings Services, a division of the McGraw Hill
Financial, Inc., or its successors and assigns or, if such entity shall be dissolved or liquidated or
shall no longer perform the functions of a securities rating agency, any other nationally
recognized rating agency designated by the Bondowner Representative.
The term “State” means the State of California.
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The term “Supplemental Indenture” or “Indenture Supplemental hereto” means any
indenture hereafter duly authorized and entered into between the Issuer and the Bondowner
Representative in accordance with the provisions of this Indenture.
The term “Tax Certificate” means the Certificate as to Arbitrage of the Borrower and the
Issuer dated the Closing Date.
The term “Unassigned Rights” means those certain rights of the Issuer under the Loan
Agreement and the Regulatory Agreement to indemnification and to payment or reimbursement
of fees and expenses of the Issuer, its right to enforce the Regulatory Agreement pursuant to the
terms of such agreement, its right to inspect and audit the books, records and premises of the
Borrower and of the Project, its right to collect attorneys’ fees and related expenses, its right to
enforce the Borrower’s covenant to comply with applicable federal tax law and State law
(including the Act and the rules and regulations of the Issuer), its right to receive notices and to
grant or withhold consents or waivers under the Regulatory Agreement and this Indenture, its
right to amend this Indenture and the Regulatory Agreement in accordance with the provisions
hereof and thereof, and its right to approve any amendment to Section 8.11 of the Loan
Agreement or to Section 16.17 of the Loan Agreement that conflicts with Section 2.05 of this
Indenture.
The terms “Written Consent,” “Written Demand,” “Written Direction,” “Written
Election,” “Written Notice,” “Written Order,” “Written Request” and “Written Requisition” of
the Issuer or the Borrower mean, respectively, a written consent, demand, direction, election,
notice, order, request or requisition signed on behalf of the Issuer by an Authorized Issuer
Representative, or on behalf of the Borrower by an Authorized Borrower Representative.
Section 1.02. Rules of Construction. (a) The singular form of any word used herein,
including the terms defined in Section 1.01, shall include the plural, and vice versa, unless the
context otherwise requires. The use herein of a pronoun of any gender shall include correlative
words of the other genders.
(b) All references herein to “Articles,” “Sections” and other subdivisions hereof are to the
corresponding Articles, Sections or subdivisions of this Indenture as originally executed; and the
words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Indenture
as a whole and not to any particular Article, Section or subdivision hereof.
(c) The headings or titles of the several Articles and Sections hereof, and any table of
contents appended to copies hereof, shall be solely for convenience of reference and shall not
affect the meaning, construction or effect of this Indenture.
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ARTICLE II
THE BONDS
Section 2.01. Authorization. There are hereby authorized to be issued bonds of the Issuer
designated as “County of Contra Costa, California Multifamily Housing Revenue Bonds (East
Bluff Apartments), Series 2016A,” in the aggregate principal amount of up to the Authorized
Amount. No Bonds may be issued under this Indenture except in accordance with this Article.
Section 2.02. Terms of Bonds. The Bonds shall be in substantially the form set forth in
Exhibit A hereto with necessary or appropriate variations, omissions and insertions as permitted
or required by this Indenture, including any Supplemental Indenture.
The Bonds shall be issuable only as fully registered Bonds, without coupons, in the form
of a single Bond in the principal amount equal to the aggregate of the purchase price of the Bonds
advanced from time to time by the owner(s) of the Bonds (which principal amounts shall be, on
the Closing Date, the amount referenced in Section 3.01(vii)). The Bonds shall be dated the
Closing Date and shall be subject to redemption prior to maturity as provided in Article IV. The
Bonds shall mature on the Maturity Date.
Interest shall be paid on the Outstanding principal amount of the Bonds, from the Closing
Date until the maturity date of the Bonds, on each Interest Payment Date occurring during such
period, at a rate equal to, and calculated in the same manner as, the interest payable on the Note.
Each Bond shall bear interest from the date to which interest has been paid on the Bonds
next preceding the date of its authentication, unless it is authenticated as of an Interest Payment
Date for which interest has been paid, in which event it shall bear interest from such Interest
Payment Date, or unless it is authenticated on or before the first Interest Payment Date, in which
event it shall bear interest from the Closing Date.
The payment or prepayment of principal of and interest on the Bonds shall be identical
with and shall be made on the same terms and conditions as the payment of principal of and
interest on the Note, as determined in accordance with the Loan Agreement and the Note. Any
payment or prepayment made by the Borrower of principal and interest on the Note shall be
deemed to be like payments or prepayments of principal and interest on the Bonds.
Payments or prepayments actually made by the Borrower to the Bondowner
Representative shall be deemed to have been constructively received by the Holder as payments
or prepayments on the Bonds on the date of receipt of such payments by the Bondowner
Representative, and interest with respect to each principal payment or prepayment shall cease to
accrue upon receipt of such payment by the Bondowner Representative. Payments or
prepayments of principal or interest shall be remitted immediately by the Bondowner
Representative to the Holder.
The Issuer hereby acknowledges that the Borrower is obligated to pay late fees, loan
related fees and other charges under the Note (and as otherwise provided in the Loan Agreement)
to the Bondowner Representative, which amounts are paid for the benefit of the Bondowner
Representative and shall be retained by the Bondowner Representative for its own account.
Section 2.03. Payment of Bonds. Payment of the principal of and interest on any Bond
shall be made in lawful money of the United States to the Person appearing on the Bond
registration books of the Issuer (maintained by the Bondowner Representative) as the registered
owner thereof on the applicable Interest Payment Date, such principal and interest to be paid by
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check mailed on the Interest Payment Date by first class mail, postage prepaid, to the registered
owner at its address as it appears on such registration books, except that the Bondowner
Representative may, at the request of any registered owner of Bonds, make payments of principal
and interest on such Bonds by wire transfer to the account within the United States designated
by such owner to the Bondowner Representative in writing.
Section 2.04. Execution of Bonds. The Bonds shall be signed in the name and on behalf
of the Issuer with the manual or facsimile signature of an Authorized Issuer Representative. The
Bonds shall then be delivered to the Bondowner Representative for authentication by the
Bondowner Representative. In case any Person who shall have signed any of the Bonds shall
cease to be an Authorized Issuer Representative before the Bonds so signed shall have been
authenticated or delivered by the Bondowner Representative or issued by the Issuer, such Bonds
may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery
and issuance, shall be as binding upon the Issuer as though the Person who signed the same had
continued to be an Authorized Issuer Representative. Also, any Bond may be signed on behalf
of the Issuer by such Person as on the actual date of the execution of such Bond is an Authorized
Issuer Representative although on the nominal date of such Bond any such person shall not have
been an Authorized Issuer Representative.
Only such of the Bonds as shall bear thereon a certificate of authentication in the form set
forth in Exhibit A, manually executed by the Bondowner Representative, shall be valid or
obligatory for any purpose or entitled to the benefits of this Indenture and such certificate of the
Bondowner Representative shall be conclusive evidence that the Bonds so authenticated have
been duly authenticated and delivered hereunder and are entitled to the benefits of this
Indenture.
Section 2.05. Transfer of Bonds. (a) Any Bond may, in accordance with the terms of this
Indenture but in any event subject to the provisions of Section 2.05(b) hereof, be transferred upon
the books of the Bondowner Representative, required to be kept pursuant to the provisions of
Section 2.06, by the Person in whose name it is registered, in person or by his duly authorized
attorney, upon surrender of such Bond for cancellation at the Principal Office of the Bondowner
Representative, accompanied by a written instrument of transfer in a form acceptable to the
Bondowner Representative, duly executed. Whenever any Bond shall be surrendered for
transfer, the Issuer shall execute and the Bondowner Representative shall authenticate and
deliver a new Bond to the transferee.
(b) Notwithstanding any other provision hereof, Bonds which are rated lower than BBB-
minus by a nationally-recognized municipal rating agency, or Bonds that are not rated, may not
be registered in the name of, or transferred to, any person except an Approved Institutional Buyer
that executes and delivers to the Bondowner Representative and the Issuer an investor letter
substantially in the form attached hereto as Exhibit B; provided, however, that no investor letter
is required to be executed by an Affiliate of the Initial Bond Purchaser or an Approved
Institutional Buyer that is a trust or other custodial entity sponsored by the Initial Bond Purchaser
or an Affiliate of the Initial Bond Purchaser.
Nothing contained in this Section 2.05(b) shall be deemed to limit or otherwise restrict the
sale by any holder of any participation interests in any Bond; provided that (i) such holder shall
remain the holder of record of such Bond following the sale of any such participation interest; (ii)
the purchaser of the participation interest is an Approved Institutional Buyer (in which event
such holder shall remain holder for all purposes of this Indenture); (iii) any such participation
shall be in a principal amount of at least $250,000; and (iv) the purchaser of such participation
interest shall provide an investor letter to the Issuer substantially in the form of Exhibit B hereto.
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(c) Bonds may only be transferred in Authorized Denominations.
(d) The Bondowner Representative shall not allow any transfer of the Note or the Loan,
or any interest or interests therein, except in connection with a transfer of a like amount of the
Bonds or an interest or interests in the Bonds.
(e) The Bondowner Representative shall require the payment by the Bondholder
requesting any such transfer of any tax, fee or other governmental charge required to be paid
with respect to such transfer, but any such transfer shall otherwise be made without charge to the
Bondholder requesting the same. The cost of printing any Bonds and any services rendered or
any out-of-pocket expenses incurred by the Bondowner Representative in connection therewith
shall be paid by the Borrower.
(f) The Bondowner Representative shall indemnify and defend the Issuer against any
claim brought by any transferor or transferee of the Bonds in respect of the Bonds, this Indenture
or any of the Loan Documents in the event that the Bondowner Representative permits a transfer
of the Bonds, the Note, the Loan or any interest or interests in any of the foregoing in violation of
the restrictions in Section 2.05(b) above.
(g) In no case shall a purchaser of a participation interest in any Bond be deemed to be a
Holder of the Bonds, or have any rights of a holder of the Bonds or of the Bondowner
Representative hereunder.
(h) Notwithstanding the foregoing, the Issuer agrees that the Initial Bond Purchaser shall
have the right to sell and transfer the Bonds to CCRC (and/or any Affiliate of CCRC). If CCRC
and the Bondowner Representative shall so elect by notice to the Issuer, upon the Conversion
Date, CCRC shall purchase the Loan (instead of the Bonds), the Bonds shall be cancelled, and the
Issuer and Bondowner Representative shall transfer and assign to CCRC all of their respective
right, title and interest in, to and under (except, as to the Issuer, the Unassigned Rights, which
shall be retained by the Issuer) the Note, the Loan Agreement, the Deed of Trust and the other
applicable Loan Documents and the Collateral (as defined in the Loan Agreement). Upon such
purchase and transfer of the Loan and applicable Loan Documents and cancellation of the Bonds,
neither the Issuer nor the Bondowner Representative shall have any further interest in the Loan
or the Loan Documents (except, as to the Issuer, the Unassigned Rights, which shall be retained
by the Issuer), and this Indenture shall terminate. Upon a purchase of the Loan by CCRC as
described in this Section 2.05, the Issuer and the Bondowner Representative shall execute and
deliver any additional documents and take any other actions that are reasonably necessary in
order to effect the cancellation of the Bonds and the transfer of the Loan and applicable Loan
Documents to CCRC, all at the expense of the Borrower.
(i) Any purported transfer of Bonds not in compliance with the requirements of this
Section 2.05 shall be void.
Section 2.06. Bond Register. The Issuer hereby appoints the Bondowner Representative
as registrar and authenticating agent for the Bonds. The Bondowner Representative will keep or
cause to be kept at its Principal Office sufficient books for the registration and transfer of the
Bonds, which shall at all reasonable times during regular business hours upon reasonable notice
be open to inspection by the Issuer and the Borrower; and, upon presentation for such purpose,
the Bondowner Representative as registrar shall, under such reasonable regulations as it may
prescribe, transfer or cause to be transferred, on said books, Bonds as hereinbefore provided.
Section 2.07. Replacement of Bonds. Upon receipt of evidence reasonably satisfactory
to the Issuer of the loss, theft, destruction or mutilation of any of the Bonds, or of any replacement
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Bonds, and, in the case of any such loss, theft, or destruction, upon the delivery of an indemnity
agreement reasonably satisfactory to the Issuer or, in the case of any mutilation, upon the
surrender and cancellation of such mutilated Bond, the Issuer, at the expense of the Holder of
such Bond, will issue and the Bondowner Representative will authenticate a new Bond, of like
tenor and series, in lieu of such lost, destroyed or mutilated Bond.
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ARTICLE III
ISSUANCE OF BONDS; APPLICATION OF PROCEEDS
Section 3.01. Authentication and Delivery of the Bonds. Upon the execution and
delivery of this Indenture, the Issuer shall execute the Bonds and deliver them to the Bondowner
Representative. Thereupon, and upon satisfaction of the conditions set forth in this Section, and
without any further action on the part of the Issuer, the Bondowner Representative shall
authenticate the Bonds in an aggregate principal amount not exceeding the Authorized Amount,
and shall deliver the Bonds pursuant to the Written Order of the Issuer hereinafter mentioned.
Prior to the authentication and delivery of any of the Bonds by the Bondowner Representative,
there shall have been delivered to the Bondowner Representative each of the following:
(i) a Certified Resolution authorizing issuance and sale of the Bonds and execution
and delivery by the Issuer of the Indenture, the Loan Agreement and the Regulatory
Agreement;
(ii) an original executed counterpart of the Loan Agreement;
(iii) the original executed Note, endorsed without recourse by the Issuer to
Bondowner Representative;
(iv) an original executed counterpart of the Assignment of Deed of Trust, the Deed
of Trust and the other Loan Documents;
(v) an opinion of Bond Counsel with respect to the due execution and delivery of
the Indenture, Loan Agreement and Bonds and the exclusion from gross income of the
Bondowners of interest on the Bonds for federal income tax purposes;
(vi) an original executed counterpart of the Regulatory Agreement;
(vii) a Written Order of the Issuer to the Bondowner Representative to
authenticate and deliver the Bonds as directed in such Written Order, upon payment to
Commonwealth Land Title Company, for the account of the Issuer, of the Initial
Disbursement;
(viii) an Investor’s Letter in the form of Exhibit B hereto, signed by the initial
owner of the Bonds; and
(ix) an opinion of counsel to the Borrower addressed to the Issuer to the effect that
the Loan Documents to which the Borrower is a party and the Regulatory Agreement are
valid and binding obligations of the Borrower, enforceable against the Borrower in
accordance with their terms, subject to such exceptions and qualifications as are
acceptable to the Bondowner Representative and the Issuer.
Section 3.02. Application of Proceeds of Bonds. The proceeds received on the Closing
Date by the Issuer from the sale of the Bonds shall be deposited with the Bondowner
Representative, who shall deposit any portion of such proceeds which are not to be concurrently
disbursed to or for the account of the Borrower into the Program Fund created pursuant to Section
3.03. The Bondowner Representative shall deposit any portion of any future advance of the
purchase price of the Bonds which is not to be concurrently disbursed to or for the account of the
Borrower into the Program Fund.
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Section 3.03. Program Fund. (a) There is hereby created and established with the
Bondowner Representative a fund which shall be designated the “Program Fund.” Upon the
initial delivery of the Bonds, there shall be deposited in the Program Fund the amount specified
in Section 3.01(vii). If required under the provisions of Section 3.02, the Bondowner
Representative shall deposit any future advances of the purchase price of the Bonds to the
Program Fund. The Borrower also may be required to remit moneys to the Bondowner
Representative for deposit to the Program Fund pursuant to the Loan Agreement. Amounts
deposited or held in such fund shall be applied only as provided in this Section.
(b) An amount equal to the Initial Disbursement, representing the initial advance by the
owners of the Bonds of the purchase price of the Bonds, shall be disbursed by the Bondowner
Representative via wire transfer from the Bondowner Representative to First American Title
Insurance Company (to pay Project Costs).
(c) Subject to Section 2.01 hereof, the Issuer hereby authorizes and directs the
disbursement by the Bondowner Representative to the Borrower of the principal amount of the
Bonds not disbursed under Section 3.03(b) above, represented by future advances of the purchase
price of the Bonds and any amounts from time to time on deposit in the Program Fund in
accordance and upon compliance with the provisions of Sections 3.3 and 3.4, as applicable, of the
Loan Agreement. The Bondowner Representative shall provide, upon written request of the
Issuer, a written notice to the Issuer describing the date of each disbursement of the purchase
price of the Bonds and the amount of each disbursement thereof made by the Bondowner
Representative.
(d) Neither the Bondowner Representative nor the Issuer shall be responsible for the
application by the Borrower of monies disbursed to the Borrower in accordance with this Section
3.03.
(e) From and after the earlier of (i) the Conversion Date or (ii) March 1, 2019, no further
advances of the purchase price, or disbursements of the proceeds, of the Bonds shall occur.
(f) During the period when the Bondowner Representative and/or its affiliates are the
Holders of all of the Bonds, the Program Fund need not be separately established or administered
but rather the Bondowner Representative may hold and administer any amounts to be deposited
in such fund in the manner it customarily employs for administration and servicing of amounts
to be loaned to borrowers, so long as at all times the Bondowner Representative can determine
the amounts attributable to the Bonds and the Loan and any investment earnings thereon.
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ARTICLE IV
REDEMPTION OF BONDS
Section 4.01. Circumstances of Redemption. 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 redemption in whole or in part on any date, at a
price equal to the Outstanding principal amount of Bonds plus interest accrued thereon
to the date fixed for redemption, together with any applicable premium, upon
prepayment of the Note in whole or in part in accordance with the provisions of the Loan
Agreement.
(b) The Bonds shall be subject to redemption in whole on any date at a price equal
to the Outstanding principal amount of Bonds plus interest accrued thereon to the date
fixed for redemption, together with any applicable premium, upon acceleration of the
Loan in whole following an Event of Default (as defined in the Loan Agreement).
(c) The Bonds shall be subject to redemption in whole or in part on any date at a
price equal to the principal amount thereof to be redeemed plus accrued interest to the
redemption date, together with any applicable premium, from the proceeds of any
mandatory prepayment of the Note under the terms of the Note.
The Bondowner Representative is hereby authorized and directed, and hereby agrees, to
fix the date for any such redemption, and, if moneys provided from the sources contemplated by
this Indenture, the Loan Agreement and the Note are available, to redeem the applicable Bonds
so called on the date so fixed by the Bondowner Representative. If there is more than one
Bondowner of the Bonds to be redeemed in part as of any date of redemption, the Bonds shall be
redeemed pro rata among the Bondowners. So long as there is only one Bondowner, the
Bondowner need not surrender its Bond in connection with any redemption of the Bonds. The
Bondowner Representative shall give written notice of such redemption to the Issuer.
Section 4.02. No Notice of Redemption. No notice of redemption of the Bonds need be
given to the Holders of the Bonds.
Section 4.03. Effect of Redemption. The Bonds so called for redemption shall, on the
redemption date selected by the Bondowner Representative, become due and payable at the
redemption price specified herein, and if moneys provided from the sources contemplated by
this Indenture and the Loan Agreement for payment of the redemption price are then held by the
Bondowner Representative, interest on the Bonds so called for redemption shall cease to accrue,
said Bonds shall cease to be entitled to any lien, benefit or security under this Indenture, and the
holders of said Bonds shall have no rights in respect thereof except to receive payment of the
redemption price thereof.
All Bonds fully redeemed pursuant to the provisions of this Article IV shall be destroyed
by the Bondowner Representative, which shall thereupon deliver to the Issuer, upon the Issuer’s
written request, a certificate evidencing such destruction.
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ARTICLE V
REVENUES
Section 5.01. Pledge of Revenues. The Issuer is duly authorized pursuant to law to issue
the Bonds and to enter into this Indenture and to pledge and assign the Revenues and other assets
purposed to be pledged and assigned, respectively, 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 under the terms and provisions of the Act and a resolution
adopted by the Board of Commissioners of the Issuer 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 and has complied with all provisions of the Act required to make the Bonds and
this Indenture the valid, legal and binding limited obligations of the Issuer.
All of the Revenues are hereby irrevocably pledged to the punctual payment of the
principal of, and interest and any premium on, the Bonds. The Issuer also hereby irrevocably
transfers, grants a security interest in and assigns to the Bondowner Representative, for the
benefit of the holders from time to time of the Bonds all of the Issuer’s right, title and interest in
(a) the Revenues; (b) all other amounts payable to Issuer under, or pursuant to, the Note and the
other Loan Documents, including but not limited to all proceeds of any title insurance policy,
casualty insurance policy or other insurance policy, all proceeds of any condemnation or other
taking and all revenues, proceeds, payments and other amounts received from any foreclosure
(or action in lieu of foreclosure) or other enforcement action taken pursuant to the Deed of Trust
or any other Loan Document (other than amounts paid pursuant to Section 12.10 of the Loan
Agreement (solely as they relate to the indemnification of the Issuer and its officers, Supervisors,
employees, attorneys and agents); (c) all amounts from time to time on deposit in any fund or
account created hereunder, under the Loan Agreement or under any other Loan Document and
held by the Bondowner Representative; (d) the Deed of Trust; (e) the Loan Agreement (except for
the Unassigned Rights, including the rights of the Issuer under Sections 4A, 9 and 20 of the
Regulatory Agreement and Section 12.10 of the Loan Agreement (solely as they relate to the
indemnification of the Issuer and its officers, Supervisors, employees, attorneys and agents); (f)
the Note; (g) the other Loan Documents; (h) all amendments, modifications, supplements,
increases, extensions, replacements and substitutions to or for any of the foregoing; and (i) all
proceeds of the foregoing, whether voluntary or involuntary.
The Issuer hereby acknowledges and agrees that, as a result of the assignment and pledge
provided for in this Section 5.01, the Issuer has assigned and pledged to Bondowner
Representative, and Bondowner Representative shall have the sole right to hold and exercise, all
of the rights and remedies (other than the Unassigned Rights) given to Issuer under the Loan
Agreement, the Note, the Deed of Trust and the other Loan Documents (except as expressly set
forth in the Regulatory Agreement, which allows the Issuer to independently pursue remedies
thereunder), including, but not limited to, the following: (i) the right to administer and service
the Loan and to amend, modify, supplement, terminate, release and/or reconvey the Loan and
the Loan Documents; (ii) the right to enforce the terms and provisions of the Loan Documents;
(iii) the right to record and/or file all documents, instruments and agreements which Bondowner
Representative deems necessary or desirable to create, preserve, protect and/or release the liens
created by the Deed of Trust and the other Loan Documents; and (iv) the right to collect, hold and
disburse amounts to be collected, held and/or disbursed under the Loan Documents, including,
but not limited to, principal, interest, fees (other than fees payable to the Issuer), prepayment
premiums, default interest, late payment charges, real estate tax impounds, insurance impounds,
operating reserve deposits, replacement reserve deposits, title insurance proceeds, casualty
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insurance proceeds, other insurance proceeds, condemnation and other taking awards and
proceeds and other amounts.
All Revenues and all amounts on deposit in the funds and accounts created hereunder or
under the Loan Agreement and the other Loan Documents and held by the Bondowner
Representative shall be held for the benefit of the holders from time to time of the Bonds, but shall
nevertheless be disbursed, allocated and applied solely for the uses and purposes hereinafter set
forth in this Article V.
The Bonds are limited obligations of the Issuer, payable solely from and secured by the
pledge of the Revenues hereunder. None of the Issuer, the City of Pinole or the State or any of its
political subdivisions shall be directly, indirectly, contingently or morally obligated to use any
other moneys or assets to pay all or any portion of the debt service due on the Bonds, to levy or
to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
The Bonds are not a pledge of the faith and credit of the Issuer, the City of Pinole or the State or
any of its political subdivisions nor do they constitute indebtedness within the meaning of any
constitutional or statutory debt limitation.
The Issuer shall not be liable for payment of the principal of 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 Loan Agreement or the other Loan Documents.
Section 5.02. Bond Fund. There is hereby created and established with the Bondowner
Representative a separate fund which shall be designated the “Bond Fund,” which fund shall be
applied only as provided in this Section.
The Bondowner Representative shall deposit in the Bond Fund from time to time, upon
receipt thereof, all Revenues, including (a) income received from the investment of moneys on
deposit in the Bond Fund, and (b) any other Revenues, including insurance proceeds,
condemnation awards and other Loan payments or prepayments received from or for the account
of the Borrower. The Bondowner Representative shall provide notice to the Issuer, upon written
request of the Issuer, of the amounts received by the Bondowner Representative which constitute
Revenues or are otherwise deposited to the Bond Fund, and of any failure by the Borrower to
make timely payments on the Note.
Moneys in the Bond Fund shall be used solely for the payment of the principal of and
premium, if any, and interest on the Bonds as the same shall become due, whether at maturity or
upon redemption or acceleration or otherwise.
On each date on which principal of or interest on the Bonds is due and payable, the
Bondowner Representative shall pay such amount from the Bond Fund (to the extent of the funds
contained therein).
So long as the Bondowner Representative and/or its affiliates are the Holders of all of the
Bonds, no Revenues shall be deposited into the Bond Fund, and instead all such Revenues,
including any payments or prepayments of principal, interest or premium, if any, on the Note
actually made by the Borrower to the Bondowner Representative shall be deemed to be like
payments or prepayments of principal, interest or premiums (if any) on the Bonds (and no such
payments or prepayments shall be required to be deposited into the Bond Fund).
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Section 5.03. Investment of Moneys. Except as otherwise provided in this Section, any
moneys in any of the funds and accounts to be established by the Bondowner Representative
pursuant to this Indenture shall be invested by the Bondowner Representative in Investment
Securities selected and directed in writing by the Borrower with the prior written consent of the
Bondowner Representative, with respect to which payments of principal thereof and interest
thereon are scheduled or otherwise payable not later than one day prior to the date on which it is
estimated that such moneys will be required by the Bondowner Representative. In the absence
of such directions, the Bondowner Representative shall invest such monies in Investment
Securities described in clause (k) of the definition thereof. The Bondowner Representative shall
have no liability or responsibility for any loss resulting from any investment made in accordance
with this Section 5.03.
Except as otherwise provided in the next sentence, all investments of amounts deposited
in any fund or account created by or pursuant to this Indenture, or otherwise containing gross
proceeds of the Bonds (within the meaning of Section 148 of the Code) shall be acquired, disposed
of, and valued (as of the date that valuation is required by this Indenture or the Code) at Fair
Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield
restriction under applicable provisions of the Code shall be valued at their present value (within
the meaning of Section 148 of the Code). The Bondowner Representative shall have no duty to
determine Fair Market Value or present value hereunder.
For the purpose of determining the amount in any fund or account, all Investment
Securities credited to such fund or account shall be valued at the lower of cost or par (which shall
be measured exclusive of accrued interest) after the first payment of interest following purchase.
Any interest, profit or loss on such investment of moneys in any fund or account shall be
credited or charged to the respective funds or accounts from which such investments are made.
The Bondowner Representative may sell or present for redemption any obligations so purchased
whenever it shall be necessary in order to provide moneys to meet any payment, and the
Bondowner Representative shall not be liable or responsible for any loss resulting from such sale
or redemption.
The Bondowner Representative may make any and all investments permitted under this
Section 5.03 through its own trust or banking department or any affiliate and may pay said
department reasonable, customary fees for placing such investments. The Bondowner
Representative and its affiliates may act as principal, agent, sponsor, advisor or depository with
respect to Investment Securities under this Section 5.03.
The Issuer (and the Borrower by its execution of the Loan Agreement) acknowledges that
to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity
grant the Issuer or the Borrower the right to receive brokerage confirmations of security
transactions as they occur, the Issuer and the Borrower will not receive such confirmations to the
extent permitted by law. The Bondowner Representative will furnish the Borrower and the Issuer
(to the extent requested by it) periodic cash transaction statements which include detail for all
investment transactions made by the Bondowner Representative hereunder.
During the period that the Bondowner Representative and/or its affiliates are the Holders
of all of the Bonds, the Bondowner Representative may hold all funds commingled in a single
fund, uninvested, or apply such funds as otherwise agreed between the Bondowner
Representative and the Borrower, provided that at all times the Bondowner Representative can
determine the amounts attributable to the Bonds and the Loan and any investment earnings
thereon.
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Section 5.04. Enforcement of Obligations. The Bondowner Representative also shall be
entitled (but not required, unless (i) requested to do so by the holders of a majority in principal
amount of the Bonds then Outstanding and (ii) if required by the Bondowner Representative,
provided with indemnification to its satisfaction against the costs, expenses and liabilities
incurred in compliance with such request) to take all steps, actions and proceedings reasonably
necessary in its judgment: (a) to enforce the terms, covenants and conditions of, and preserve and
protect the priority of its interest in and under, the Agreement, the Deed of Trust and the other
Loan Documents, (b) to require compliance with all covenants, agreements and conditions on the
part of the Issuer contained in this Indenture with respect to the Revenues, and (c) to be
reimbursed for its expenses (including attorney’s fees) by the Borrower in taking any action
referred to in the preceding clauses (a) or (b).
Section 5.05. Notice of Payment in Full of Bonds. The Bondowner Representative shall
provide the Issuer with notice that the Bonds have been paid-in-full, promptly following when
such payment occurs.
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ARTICLE VI
COVENANTS OF THE ISSUER
Section 6.01. Payment of Principal and Interest. The Issuer shall punctually pay, but
only out of Revenues as herein provided, the principal and the interest (and premium, if any) to
become due in respect of every Bond issued hereunder at the times and places and in the manner
provided herein and in the Bonds, according to the true intent and meaning thereof. When and
as paid in full, all Bonds shall be delivered to the Bondowner Representative and shall forthwith
be destroyed.
Section 6.02. Paying Agents. The Issuer, with the written approval of the Bondowner
Representative, may appoint and at all times have one or more paying agents in such place or
places as the Issuer may designate, for the payment of the principal of, and the interest (and
premium, if any) on, the Bonds; provided, however, that so long as U.S. Bank National
Association and/or one or more of its affiliates are the registered owners of all of the Bonds then
Outstanding, the Bondowner Representative shall have the sole right to appoint, remove and/or
replace any paying agent(s) for the Bonds. It shall be the duty of the Bondowner Representative
to make such arrangements with any such paying agent as may be necessary and feasible to
assure, to the extent of the moneys held by the Bondowner Representative for such payment, the
availability of funds for the prompt payment of the principal of and interest and premium, if any,
on the Bonds presented at any place of payment. The paying agent initially appointed hereunder
is the Bondowner Representative.
Section 6.03. Preservation of Revenues; Amendment of Documents. The Issuer (a) shall
not take any action to interfere with or impair the pledge and assignment hereunder of Revenues
and the assignment to the Bondowner Representative of rights of the Issuer under the Agreement,
the Deed of Trust and the other Loan Documents, or the Bondowner Representative’s
enforcement of any rights hereunder or thereunder; provided that the Issuer may take actions
under or pursuant to the Unassigned Rights, (b) shall not take any action to impair the validity
or enforceability of the Agreement, the Deed of Trust or the other Loan Documents, and (c) shall
not waive any of its rights under or any other provision of or permit any amendment of the
Agreement, the Deed of Trust or the other Loan Documents, without the prior written consent of
the Bondowner Representative; provided that such consent of the Bondowner Representative
shall not be required if the Bondowner Representative shall have received an opinion of Bond
Counsel to the effect that such amendment (i) is required to preserve the exclusion of interest on
the Bonds from gross income for federal income tax purposes or compliance by the Bonds or the
Project with the Act and the laws of the State of California; and (ii) will not adversely affect the
interests of the Bondholders.
The Bondowner Representative may give such written consent, and may itself take any
such action or consent to a waiver of any provision of or an amendment or modification to or
replacement of the Agreement, the Deed of Trust, the Regulatory Agreement, any of the other
Loan Documents, or any other document, instrument or agreement relating to the security for the
Bonds, only if (i) such action or such waiver, amendment, modification or replacement (a) is
authorized or required by the terms of this Indenture, the Agreement, the Deed of Trust, the
applicable Loan Documents or the Regulatory Agreement, or (b) will not, based on an Opinion
of Counsel furnished to the Bondowner Representative, materially adversely affect the interests
of the holders of the Bonds or result in any impairment of the security hereby given for the
payment of the Bonds, or (c) has first been approved by the written consent of all of the holders
of the Bonds then Outstanding; (ii) the Bondowner Representative shall have first obtained an
opinion of Bond Counsel to the effect that such action or such waiver, amendment, modification
or replacement will not adversely affect the exclusion of interest on the Bonds from gross income
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for federal income tax purposes or conformance of the Bonds and the Project with the Act or the
laws of the State of California relating to the Bonds; and (iii) the Bondowner Representative
provides written notice of any amendment to, or modification or replacement of, any Loan
Document to the Issuer. The foregoing provisions of this paragraph, however, shall not in any
way abrogate the Unassigned Rights of the Issuer; and provided that in any event any
amendments to such documents do not provide for any additional duties or costs with respect to
the Issuer for which the Borrower does not agree in advance to reimburse or indemnify the Issuer
therefore.
Section 6.04. Compliance with Indenture. The Issuer shall not issue, or permit to be
issued, any Bonds secured or payable in any manner out of Revenues other than in accordance
with the provisions of this Indenture; it being understood that the Issuer reserves the right to
issue obligations payable from and secured by sources other than the Revenues and the assets
assigned herein. The Issuer shall not suffer or permit any default within its power to occur under
this Indenture, but shall faithfully observe and perform all the covenants, conditions and
requirements hereof. So long as any Bonds are Outstanding, the Issuer shall not create or suffer
to be created any pledge, lien or charge of any type whatsoever upon all or any part of the
Revenues, other than the lien of this Indenture.
Section 6.05. Further Assurances. Whenever and so often as requested so to do by the
Bondowner Representative, the Issuer (at the sole cost and expense of the Borrower) shall
promptly execute and deliver or cause to be executed and delivered all such other and further
instruments, documents or assurances, and promptly do or cause to be done all such other and
further things, as may be necessary or reasonably required in order to further and more fully vest
in the Bondowner Representative and the holders of the Bonds all of the rights, interests, powers,
benefits, privileges and advantages conferred or intended to be conferred upon them by this
Indenture and to perfect and maintain as perfected such rights, interests, powers, benefits,
privileges and advantages.
Section 6.06. No Arbitrage. Solely in reliance upon the covenants and representations of
the Borrower in the Loan Agreement, in the Regulatory Agreement and in the Tax Certificate, the
Issuer shall not take, nor permit nor suffer to be taken by the Bondowner Representative or
otherwise, any action with respect to the gross proceeds of the Bonds which if such action had
been reasonably expected to have been taken, or had been deliberately and intentionally taken,
on the date of the issuance of the Bonds would have caused the Bonds to be “arbitrage bonds”
within the meaning of Section 148(a) of the Code and Regulations promulgated thereunder.
Section 6.07. Limitation of Expenditure of Proceeds. The Issuer shall assure, solely in
reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the
Regulatory Agreement and in the Tax Certificate, that not less than 95 percent of the amount
advanced as the purchase price of the Bonds, plus premium (if any) paid on the purchase of the
Bonds by the original purchaser thereof from the Issuer, less any original discount, are used for
Qualified Project Costs, and that less than 25 percent of such amount is used for land or an interest
in land. The Bondowner Representative shall have no obligation to monitor the Issuer’s
compliance with or to enforce the terms of this Section.
Section 6.08. Rebate of Excess Investment Earnings to United States. The Issuer hereby
covenants, solely in reliance upon the covenants and representations of the Borrower in the Loan
Agreement, in the Regulatory Agreement and in the Tax Certificate (including the Borrower’s
covenant to make any required rebate payments pursuant to Section 2(t) of the Regulatory
Agreement or otherwise) to calculate or cause to be calculated excess investment earnings to the
extent required by Section 148(f) of the Code and to pay an amount equal to excess investment
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earnings to the United States in accordance with the Regulations, all at the sole expense of the
Borrower.
Section 6.09. Limitation on Issuance Costs. The Issuer shall assure, solely in reliance
upon the covenants and representations of the Borrower in the Loan Agreement, in the
Regulatory Agreement and in the Tax Certificate that, from the proceeds of the Bonds received
from the original purchaser thereof and investment earnings thereon, an amount not in excess of
two percent (2%) of the proceeds of the Bonds shall be used to pay for, or provide for the payment
of, Issuance Costs. For this purpose, if the fees of such original purchaser are retained as a
discount on the purchase of the Bonds, such retention shall be deemed to be an expenditure of
proceeds of the Bonds for Issuance Costs.
Section 6.10. Federal Guarantee Prohibition. The Issuer covenants that it shall take no
action nor, solely in reliance upon the covenants and representations of the Borrower in the Loan
Agreement, in the Regulatory Agreement and in the Tax Certificate, knowingly permit nor 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.
Section 6.11. Prohibited Facilities. The Issuer, solely in reliance upon the covenants and
representations of the Borrower in the Loan Agreement, in the Regulatory Agreement and in the
Tax Certificate, shall assure that no portion of the proceeds of the Bonds shall be used to provide
any airplane, skybox or other private luxury box, health club facility, facility primarily used for
gambling, or store the principal business of which is the sale of alcoholic beverages for
consumption off premises. The Issuer, solely in reliance upon the covenants and representations
of the Borrower in the Loan Agreement, in the Regulatory Agreement and in the Tax Certificate,
shall assure that no portion of the proceeds of the Bonds are used for an office unless the office is
located on the premises of the facilities constituting the Project and unless not more than a de
minimis amount of the functions to be performed at such office is not related to the day-to-day
operations of the Project.
Section 6.12. Use Covenant. Solely in reliance upon the covenants and representations
of the Borrower in the Loan Agreement, in the Regulatory Agreement and in the Tax Certificate,
the Issuer shall not use or knowingly permit the use of any proceeds of Bonds or any other funds
of the Issuer, directly or indirectly, in any manner, and shall not take or permit to be taken any
other action or actions, which would result in any of the Bonds being treated as an obligation not
described in Section 142(d) of the Code by reason of such Bond not meeting the requirements of
Section 142(d) of the Code.
Section 6.13. Immunities and Limitations of Responsibility of Issuer. The Issuer shall
be entitled to the advice of counsel (who, except as otherwise provided, may be counsel for any
Bondholder), and the Issuer shall be wholly protected as to action taken or omitted under the
Bond Documents in good faith in reliance on such advice. The Issuer may rely conclusively on
any communication or other document furnished to it hereunder and reasonably believed by it
to be genuine. The Issuer shall not be liable for any action (a) taken by it under the Bond
Documents in good faith and reasonably believed by it to be within its discretion or powers
hereunder, or (b) in good faith omitted to be taken by it under the Bond Documents because such
action was reasonably believed to be beyond its discretion or powers hereunder, or (c) taken by
it under the Bond Documents pursuant to any direction or instruction by which it is governed
hereunder, or (d) omitted to be taken by it under the Bond Documents by reason of the lack of
any direction or instruction required hereby for such action; nor shall it be responsible for the
consequences of any error of judgment reasonably made by it with respect to the foregoing
matters. The Issuer shall in no event be liable under the Bond Documents for the application or
misapplication of funds or for other acts or defaults by any Person, except its own officers and
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employees. When any payment or consent or other action by it is called for hereby, it may defer
such action pending receipt of such evidence (if any) as it may require in support thereof. The
Issuer shall not be required to take any remedial action (other than the giving of notice) unless
indemnity in a form acceptable to the Issuer is furnished for any expense or liability to be incurred
in connection with such remedial action, other than liability for failure to meet the standards set
forth in this Section. The Issuer shall be entitled to reimbursement from the Borrower for its
expenses reasonably incurred or advances reasonably made, with interest at the rate of interest
on the Bonds, in the exercise of its rights or the performance of its obligations hereunder, to the
extent that it acts without previously obtaining indemnity. No permissive right or power to act
which the Issuer may have shall be construed as a requirement to act; and no delay in the exercise
of a right or power shall affect its subsequent exercise of the right or power.
A default by the Borrower in any of its covenants, representations and agreements in the
Loan Agreement, the Regulatory Agreement or the Tax Certificate on which the Issuer is relying
in Sections 6.06 through 6.12 hereof shall not be considered a default hereunder by the Issuer.
The Borrower has indemnified the Issuer against certain acts and events as set forth in
Section 12.10 of the Loan Agreement and Section 9 of the Regulatory Agreement. Such indemnity
shall survive payment of the Bonds and discharge of the Indenture.
Section 6.14. Additional Representations by the Issuer. The Issuer hereby represents
and warrants to the Bondholders and the Bondowner Representative that, as of the Closing Date:
(a) The Issuer is a political subdivision and body corporate and politic, duly
organized and existing under the laws of the State and is duly authorized enter into and
perform its obligations under this Indenture.
(b) All requirements have been met and procedures have occurred in order to
authorize the execution and delivery by the Issuer of this Indenture. The Issuer has taken
all necessary action and has complied with all provisions of the law required to make this
Indenture 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 authorized, executed and delivered by the Issuer.
Nothing in this Indenture shall be construed as requiring the Issuer to provide any
financing for the Projects, other than to use the proceeds of the Bonds to make the Loan,
or to provide sufficient moneys for all of the costs 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 this Indenture, the origination of the Loan or the
lending of the proceeds of the Loan to the Borrower, or the execution and delivery of the
Bond Documents, (ii) affects or questions the validity or enforceability of the Bonds or the
Bond Documents, or (iii) questions the tax-exempt status of interest on the Bonds.
(e) The California Debt Limit Allocation Committee has provided an allocation of
the State of California’s 2015 private activity bond volume cap under section 146 of the
Code to the Issuer for the Bonds, the Issuer has timely made the required carry forward
election with respect to such allocation, and the Issuer will comply with the requirements
of the Code with respect to such allocation. The Issuer has applied the alternative option
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under clause (2) of the first paragraph of Section 3.01 of IRS Notice 2011-63 with respect
to the issue date of the Bonds; and, in connection therewith, has included the information
on Form 8038 filed for the Bonds that is required by section 3.03 of said Notice.
The Issuer makes no representation or warranty that the Project will be adequate or
sufficient for the purposes of the Borrower. Nothing in this Indenture shall be construed as
requiring the Issuer to provide any financing for the Project other than from the proceeds of the
Loan.
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ARTICLE VII
DEFAULT
Section 7.01. Events of Default; Acceleration; Waiver of Default. Each of the following
events shall constitute an “Event of Default” hereunder:
(a) failure to pay the principal of any Bond when and as the same shall become
due and payable, whether by proceedings for redemption, by declaration or otherwise
and such failure is not cured within ten (10) days; provided, however, that there shall be
no cure period for the outstanding principal which is due and payable on the Maturity
Date;
(b) failure to pay any installment of interest on any Bond when such interest
installment shall become due and payable and such failure is not cured within ten (10)
days; provided, however, that there shall be no cure period for the outstanding interest
which is due and payable on the Maturity Date;
(c) the occurrence of an Event of Default under the Loan Agreement; and
(d) failure by the Issuer 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 and the Borrower by the Bondowner Representative, or to the Issuer, the
Borrower and the Bondowner Representative by the holders of not less than twenty-five
percent (25%) in aggregate principal amount of the Bonds at the time Outstanding.
No default specified in (d) above shall constitute an Event of Default unless the Issuer or
the Borrower shall have failed to correct such default within the applicable period; provided,
however, that if such default described in (d) above shall be such that it cannot be corrected within
such period, it shall not constitute an Event of Default if corrective action is instituted by the
Issuer or the Borrower within the applicable period and diligently pursued until the default is
corrected not to exceed one hundred eighty (180) days (provided that a default by reason of
nonpayment of Bondowner Representative’s fees and expenses may only be waived by the
Bondowner Representative). With regard to any alleged default concerning which notice is given
to the Borrower under the provisions of (d) above, the Issuer hereby grants the Borrower full
authority for the account of the Issuer to perform any covenant or obligation the non-performance
of which is alleged in said notice to constitute a default in the name and stead of the Issuer with
full power to do any and all things and acts to the same extent that the Issuer could do and
perform any such things and acts and with power of substitution.
Upon the occurrence of an Event of Default described in (a), (b) or (c) above, unless the
principal of all the Bonds shall have already become due and payable, the Bondowner
Representative may, and upon the written request of the owners of a majority of the Bonds at the
time Outstanding in the case of an Event of Default described in (d) above, the Bondowner
Representative shall, by notice in writing to the Issuer, declare the principal of all the Bonds then
Outstanding, and the interest accrued thereon, to be due and payable immediately, and upon any
such declaration the same shall become and shall be immediately due and payable, anything in
this Indenture or in the Bonds contained to the contrary notwithstanding. Upon any such
declaration of acceleration, the Bondowner Representative shall fix a date for payment of the
Bonds.
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The preceding paragraph, however, is subject to the condition that if, at any time after the
principal of the Bonds shall have been so declared due and payable, and before the first to occur
of (a) the date of entry of any judgment or decree for the payment of the moneys due as hereinafter
provided or (b) the date five (5) days prior to the date fixed for foreclosure of the Deed of Trust
or the liens of any of the other Loan Documents, there shall have been deposited with the
Bondowner Representative a sum sufficient to pay all the principal of the Bonds matured or
required to be redeemed prior to such declaration and all matured installments of interest (if any)
upon all the Bonds, with interest on such overdue installments of principal, all other amounts
owing under the Loan Documents, and the reasonable fees and expenses of the Bondowner
Representative, its agents and counsel, and any and all other defaults actually known to a
Responsible Officer of the Bondowner Representative (other than in the payment of principal of
and interest on the Bonds due and payable solely by reason of such declaration) shall have been
made good or cured to the satisfaction of the Bondowner Representative or provision deemed by
the Bondowner Representative to be adequate shall have been made therefor, then, and in every
such case, the declaration shall be rescinded and annulled; but no such rescission, annulment or
waiver shall extend to or shall affect any subsequent default, or shall impair or exhaust any right
or power consequent thereon.
Section 7.02. Institution of Legal Proceedings by Bondowner Representative. If one or
more of the Events of Default shall occur, the Bondowner Representative in its discretion may,
and upon the written request of the holders of a majority in principal amount of the Bonds then
Outstanding and upon being indemnified to its satisfaction against the costs, expenses and
liabilities to be incurred in compliance with such request, the Bondowner Representative shall
(subject to Section 7.08 hereof) proceed to protect or enforce its rights and/or the rights of the
holders of Bonds under the Act or under this Indenture, the Agreement and/or the other Loan
Documents, by foreclosure of the Deed of Trust by exercise of the power of private sale
thereunder or by judicial action, by foreclosure of or other realization upon the security interests
in personal property created pursuant to the Loan Documents by strict foreclosure, judicial action
or other remedies permitted by applicable laws, by a suit in equity or action at law, either for the
specific performance of any covenant or agreement contained herein or therein, or in aid of the
execution of any power herein or therein granted, or by mandamus or other appropriate
proceeding for the enforcement of any other legal or equitable remedy as the Bondowner
Representative shall deem most effectual in support of any of its rights or duties hereunder;
provided that any such request from the Bondholders shall not be in conflict with any rule of law
or with this Indenture, expose the Bondowner Representative to personal liability or be unduly
prejudicial to Bondholders not joining therein.
Section 7.03. Application of Moneys Collected by Bondowner Representative. Any
moneys collected by the Bondowner Representative pursuant to Section 7.02 shall be applied in
the order following, at the date or dates fixed by the Bondowner Representative and, in the case
of distribution of such moneys on account of principal (or premium, if any) or interest, upon
presentation of the Bonds and stamping thereon the payment, if only partially paid, and upon
surrender thereof, if fully paid:
First: For payment of all amounts due to the Bondowner Representative under
Section 8.06.
Second: For deposit in the Bond Fund (or as otherwise provided in the last
paragraph of Section 5.02) to be applied to payment of the principal of all Bonds then due
and unpaid, the premium (if any) and interest thereon; ratably to the Persons entitled
thereto without discrimination or preference.
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Third: For payment of all other amounts due to any Person hereunder or under
the Loan Agreement or the other Loan Documents (other than payments on the Bonds).
Fourth: To the Borrower.
Section 7.04. Effect of Delay or Omission to Pursue Remedy. No delay or omission of
the Bondowner Representative or of any holder of Bonds to exercise any right or power arising
from any default shall impair any such right or power or shall be construed to be a waiver of any
such default or acquiescence therein, and every power and remedy given by this Article VII to
the Bondowner Representative or to the holders of Bonds may be exercised from time to time and
as often as shall be deemed expedient. In case the Bondowner Representative shall have
proceeded to enforce any right under this Indenture, and such proceedings shall have been
discontinued or abandoned because of waiver or for any other reason, or shall have been
determined adversely to the Bondowner Representative, then and in every such case the Issuer,
the Bondowner Representative and the holders of the Bonds, severally and respectively, shall be
restored to their former positions and rights hereunder in respect to the trust estate; and all
remedies, rights and powers of the Issuer, the Bondowner Representative and the holders of the
Bonds shall continue as though no such proceedings had been taken.
Section 7.05. Remedies Cumulative. No remedy herein conferred upon or reserved to
the Bondowner Representative or to any holder of the Bonds is intended to be exclusive of any
other remedy, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.06. Covenant to Pay Bonds in Event of Default. The Issuer covenants that,
upon the happening of any Event of Default, the Issuer will pay to the Bondowner Representative
upon demand, but only out of Revenues, for the benefit of the holders of the Bonds, the whole
amount then due and payable thereon (by declaration or otherwise) for interest or for principal,
or both, as the case may be, and all other sums which may be due hereunder or secured hereby,
including reasonable compensation to the Bondowner Representative, its agents and counsel, and
any expenses or liabilities incurred by the Bondowner Representative hereunder. In case the
Issuer shall fail to pay the same forthwith upon such demand, the Bondowner Representative, in
its own name and as trustee of an express trust, and upon being indemnified to its satisfaction,
shall be entitled to institute proceedings at law or in equity in any court of competent jurisdiction
to recover judgment for the whole amount due and unpaid, together with costs and reasonable
attorneys’ fees, subject, however, to the condition that such judgment, if any, shall be limited to,
and payable solely out of, Revenues and any other assets pledged, transferred or assigned to the
Bondowner Representative under Section 5.01 as herein provided and not otherwise. The
Bondowner Representative shall be entitled to recover such judgment as aforesaid, either before
or after or during the pendency of any proceedings for the enforcement of this Indenture, and the
right of the Bondowner Representative to recover such judgment shall not be affected by the
exercise of any other right, power or remedy for the enforcement of the provisions of this
Indenture.
Section 7.07. Bondowner Representative Appointed Agent for Bondholders. The
Bondowner Representative is hereby appointed the agent of the holders of all Bonds Outstanding
hereunder for the purpose of filing any claims relating to the Bonds.
Section 7.08. Power of Bondowner Representative to Control Proceedings. In the event
that the Bondowner Representative, upon the happening of an Event of Default, shall have taken
any action, by judicial proceedings or otherwise, pursuant to its duties hereunder, whether upon
its own discretion or upon the written request of the holders of a majority in principal amount of
the Bonds then Outstanding, it shall have full power, in the exercise of its discretion for the best
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interests of the holders of the Bonds, with respect to the continuance, discontinuance, withdrawal,
compromise, settlement or other disposal of such action; provided, however, that the Bondowner
Representative shall not, unless there no longer continues an Event of Default hereunder,
discontinue, withdraw, compromise or settle, or otherwise dispose of any litigation pending at
law or in equity, if at the time there has been filed with it a written request signed by the holders
of at least a majority in principal amount of the Bonds Outstanding hereunder opposing such
discontinuance, withdrawal, compromise, settlement or other disposal of such litigation.
Section 7.09. Limitation on Bondholders’ Right to Sue. No holder of any Bond (except
the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to
institute any suit, action or proceeding at law or in equity, for any remedy under or upon this
Indenture, unless (a) such holder shall have previously given to the Bondowner Representative
written notice of the occurrence of an Event of Default hereunder; (b) the holders of at least a
majority in aggregate principal amount of all the Bonds then Outstanding shall have made
written request upon the Bondowner Representative to exercise the powers hereinbefore granted
or to institute such action, suit or proceeding in its own name; (c) said holders shall have tendered
to the Bondowner Representative indemnity satisfactory to it against the costs, expenses and
liabilities to be incurred in compliance with such request; and (d) the Bondowner Representative
shall have refused or omitted to comply with such request for a period of thirty (30) days after
such written request shall have been received by, and said tender of indemnity shall have been
made to, the Bondowner Representative.
Such notification, request, tender of indemnity and refusal or omission are hereby
declared, in every case, to be conditions precedent to the exercise by any holder of Bonds (except
the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunder; it being
understood and intended that no one or more holders of Bonds (except the Bondowner
Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its or
their action to enforce any right under this Indenture, except in the manner herein provided, and
that all proceedings at law or in equity to enforce any provision of this Indenture shall be
instituted, had and maintained in the manner herein provided and for the equal benefit of all
holders of the Outstanding Bonds.
The right of any holder of any Bond to receive payment of the principal of (and premium,
if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after
the respective due dates expressed in such Bond, or to institute suit for the enforcement of any
such payment on or after such respective dates, shall not be impaired or affected without the
consent of such holder, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02
and/or 7.08 of this Indenture.
Section 7.10. Limitation of Liability to Revenues. Notwithstanding anything in this
Indenture contained, the Issuer shall not be required to advance any moneys derived from any
source, other than the Revenues, for any of the purposes mentioned in this Indenture, whether
for the payment of the principal of or interest on the Bonds or for any other purpose of this
Indenture. The Bonds are limited obligations of the Issuer, and are payable from and secured by
the Revenues only. The Issuer shall not be liable for any costs, expenses, losses, damages, claims
or actions, of any conceivable kind on any conceivable theory, under or by reason of or in
connection with the Loan Agreement, the Bonds or this Indenture, except only to the extent
amounts are received for the payment thereof from the Borrower under the Loan Agreement.
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ARTICLE VIII
THE BONDOWNER REPRESENTATIVE AND AGENTS
Section 8.01. Duties, Immunities and Liabilities of Bondowner Representative. The
Bondowner Representative shall perform such duties and only such duties as are specifically set
forth in this Indenture and no additional covenants or duties of the Bondowner Representative
shall be implied in this Indenture. The Bondowner Representative shall, during the existence of
any Event of Default (which has not been cured or waived), exercise such of the rights and powers
vested in it by this Indenture, and use the same degree of care and skill in their exercise, as
reasonable persons familiar with such matters would exercise or use under similar circumstances
in the conduct of their own affairs.
No provision of this Indenture shall be construed to relieve the Bondowner
Representative from liability for its own negligence, negligent actions or its own negligent failure
to act, except that:
(a) the duties and obligations of the Bondowner Representative shall be
determined solely by the express provisions of this Indenture, the Bondowner
Representative shall not be liable except for the performance of such duties and
obligations as are specifically set forth in this Indenture, and no implied covenants or
obligations shall be read into this Indenture against the Bondowner Representative; and
in the absence of bad faith on the part of the Bondowner Representative, the Bondowner
Representative 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
Bondowner Representative conforming to the requirements of this Indenture;
(b) At all times, regardless of whether or not any Event of Default shall exist, (i)
the Bondowner Representative shall not be liable for any error of judgment made in good
faith by a Responsible Officer or officers or by any agent or attorney of the Bondowner
Representative appointed with due care (except as otherwise provided in Section 8.01(f))
unless the Bondowner Representative was negligent in ascertaining the pertinent facts;
and (ii) the Bondowner Representative 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 Issuer,
accompanied by an opinion of Bond Counsel as provided herein or in accordance with
the directions of the holders of not less than a majority, or such other percentage as may
be required hereunder, in aggregate principal amount of the Bonds at the time
Outstanding relating to the time, method and place of conducting any proceeding for any
remedy available to the Bondowner Representative, or exercising any trust or power
conferred upon the Bondowner Representative under this Indenture;
(c) The Bondowner Representative shall not be required to take notice or be
deemed to have notice of (i) any default hereunder or under the Loan Agreement, except
defaults under Section 7.01(a) or (b) hereof, unless a Responsible Officer of the Bondowner
Representative shall be specifically notified in writing of such default by the Issuer or the
owners of at least twenty-five percent (25%) in aggregate principal amount of all Bonds
then Outstanding, or (ii) any default under the Regulatory Agreement unless a
Responsible Officer of the Bondowner Representative shall be specifically notified in
writing of such default by the Issuer or the Borrower;
(d) Before taking any action under Article VII hereof or this Section at the request
or direction of the Bondholders, the Bondowner Representative may require that a
satisfactory indemnity bond be furnished by the Bondholders, for the reimbursement of
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all costs and expenses to which it may be put and to protect it against all liability which
may be incurred in compliance with such request or direction, except liability which is
adjudicated to have resulted from its negligence or willful misconduct in connection with
any action so taken;
(e) Upon any application or request by the Issuer to the Bondowner
Representative to take any action under any provision of this Indenture, the Issuer shall
furnish to the Bondowner Representative a Certificate of the Issuer stating that all
conditions precedent, if any, provided for in this Indenture relating to the proposed action
have been complied with, and an Opinion of Counsel stating that in the opinion of such
Counsel all such conditions precedent, if any, have been complied with, except that in the
case of any such application or request as to which the furnishing of such documents is
specifically required by any provision of this Indenture relating to such particular
application or request, no additional certificate or opinion need be furnished;
(f) The Bondowner Representative may execute any of the powers hereunder or
perform any duties hereunder either directly or through agents or attorneys and the
Bondowner Representative shall not be responsible for any negligence or misconduct on
the part of any agent or attorney appointed with due care by it hereunder (but this
provision shall not prohibit any action against any such agent or attorney for their
negligent acts);
(g) Neither the Issuer nor the Borrower shall be deemed to be agents of the
Bondowner Representative for any purpose, and the Bondowner Representative shall not
be liable for any noncompliance of any of them in connection with their respective duties
hereunder or in connection with the transactions contemplated hereby;
(h) The Bondowner Representative shall be entitled to rely upon telephonic notice
for all purposes whatsoever so long as the Bondowner Representative reasonably believes
such telephonic notice has been given by a Person authorized to give such notice;
(i) The immunities extended to the Bondowner Representative also extend to its
directors, officers, employees and agents;
(j) Under no circumstances shall the Bondowner Representative be liable in its
individual capacity for the obligations evidenced by the Bonds, it being the sole obligation
of the Bondowner Representative to administer, for the benefit of the Bondholders, the
various funds and accounts established hereunder;
(k) No permissive power, right or remedy conferred upon the Bondowner
Representative hereunder shall be construed to impose a duty to exercise such power,
right or remedy;
(l) The Bondowner Representative shall not be liable for any action taken or not
taken by it in accordance with the direction of a majority (or other percentage expressly
provided for herein with respect to a particular action) in aggregate principal amount of
Bonds Outstanding related to the exercise of any right, power or remedy available to the
Bondowner Representative; and
(m) The Bondowner Representative shall have no duty to review any financial
statements, budgets or other financial information filed with it by or on behalf of the
Borrower under or pursuant to the Loan Agreement or the other Loan Documents.
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None of the provisions contained in this Indenture shall require the Bondowner
Representative to expend or risk its own funds or otherwise incur individual financial liability in
the performance of any of its duties or in the exercise of any of its rights or powers. Whether or
not therein expressly so provided, every provision of this Indenture, the Loan Agreement, the
Regulatory Agreement or any other document relating to the conduct, powers or duties of, or
affecting the liability of, or affording protection to, the Bondowner Representative shall be subject
to the provisions of this Article VIII.
Section 8.02. Right of Bondowner Representative to Rely Upon Documents, Etc. Except
as otherwise provided in Section 8.01:
(a) The Bondowner Representative may rely and shall be protected in acting or
refraining from acting upon any resolution, certificate, statement, instrument, opinion,
report, notice, request, consent, order, bond or other paper or document reasonably
believed by it to be genuine and to have been signed and presented by the proper party
or parties;
(b) Any consent, demand, direction, election, notice, order or request of the Issuer
mentioned herein shall be sufficiently evidenced by a Written Consent, Written Demand,
Written Direction, Written Election, Written Notice, Written Order or Written Request of
the Issuer, and any resolution of the Issuer may be evidenced to the Bondowner
Representative by a Certified Resolution;
(c) The Bondowner Representative may consult with counsel (who may be
counsel for the Issuer, counsel for the Bondowner Representative or Bond Counsel) and
the opinion of such counsel shall be full and complete authorization and protection in
respect of any action taken or suffered by it hereunder in good faith and in accordance
with the opinion of such counsel;
(d) Whenever in the administration of this Indenture the Bondowner
Representative shall deem it necessary or desirable that a matter be proved or established
prior to taking or suffering any action hereunder, such matter (unless other evidence in
respect thereof be herein specifically prescribed) may, in the absence of negligence or bad
faith on the part of the Bondowner Representative, be deemed to be conclusively proved
and established by a Certificate of the Issuer; and such Certificate of the Issuer shall, in
the absence of negligence or bad faith on the part of the Bondowner Representative, be
full warrant to the Bondowner Representative for any action taken or suffered by it under
the provisions of this Indenture upon the faith thereof; and
(e) The Bondowner Representative shall not be bound to make any investigation
into the facts or matters stated in any resolution, certificate, statement, instrument,
opinion, report, notice, request, direction, consent, order, bond, debenture or other paper
or document, but the Bondowner Representative, in its discretion, may make such further
inquiry or investigation into such facts or matters as it may see fit.
Section 8.03. Bondowner Representative Not Responsible for Recitals. The recitals
contained herein and in the Bonds shall be taken as the statements of the Issuer, and the
Bondowner Representative assumes no responsibility for the correctness of the same or for the
correctness of the recitals in the Loan Agreement or the Regulatory Agreement. The Bondowner
Representative shall have no responsibility with respect to any information, statement or recital
in any offering memorandum or other disclosure material prepared or distributed with respect
to the Bonds. The Bondowner Representative makes no representations as to the value or
condition of any assets pledged or assigned as security for the Bonds, or as to the right, title or
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interest of the Issuer therein, or as to the security provided thereby or by this Indenture, the Loan
Agreement, the Deed of Trust or the other Loan Documents, or as to the compliance of the Project
with the Act, or as to the tax-exempt status of the Bonds, or as to the technical or financial
feasibility of the Project, or as to the validity or sufficiency of this Indenture as an instrument of
the Issuer or of the Bonds as obligations of the Issuer. The Bondowner Representative shall not
be accountable for the use or application by the Issuer of any of the Bonds authenticated or
delivered hereunder or of the use or application of the proceeds of such Bonds by the Issuer or
the Borrower or their agents.
Section 8.04. Intervention by Bondowner Representative. The Bondowner
Representative may intervene on behalf of the Bondholders in any judicial proceeding to which
the Issuer is a party and which, in the opinion of the Bondowner Representative and its counsel,
has a substantial bearing on the interests of owners of the Bonds and, subject to the provisions of
Section 8.01(d), shall do so if requested in writing by the owners of a majority in aggregate
principal amount of all Bonds then Outstanding.
Section 8.05. Moneys Received by Bondowner Representative. All moneys received by
the Bondowner Representative shall, until used or applied as herein provided, be held exclusively
(subject to other provisions of this Indenture governing disposition of monies in funds and
accounts) for the purposes for which they were received, but need not be segregated from other
funds except to the extent required by law or as otherwise provided herein. The Bondowner
Representative shall be under no liability for interest on any moneys received by it hereunder
except such as it may agree with the Issuer to pay thereon. Any moneys held by the Bondowner
Representative may be deposited by it in its banking department and invested in Investment
Securities.
Section 8.06. Compensation and Indemnification of Bondowner Representative and
Agents. The Borrower is required under the Loan Agreement: (a) to pay to the Bondowner
Representative certain fees and other compensation as set forth therein and under the other
agreements related to the Bonds to which it is a party; (b) to reimburse the Bondowner
Representative upon its request for all reasonable expenses, disbursements and advances
incurred or made by the Bondowner Representative in accordance with any provision of this
Indenture or other agreement related to the Bonds to which the Bondowner Representative is a
party or incurred in complying with any request made by the Issuer with respect to the Bonds
(including the reasonable compensation and the expenses and disbursements of its agents and
counsel); (c) to indemnify the Bondowner Representative and to hold it harmless as set forth
therein and in the other agreements related to the Bonds to which it is a party; and (d) to
indemnify the Bondowner Representative for any reasonable fees incurred during a period of
default hereunder.
If any property, other than cash, shall at any time be held by the Bondowner
Representative subject to this Indenture, or any Supplemental Indenture, as security for the
Bonds, the Bondowner Representative, 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 but not
obligated to make advances for the purpose of preserving such property or of discharging tax
liens or other prior liens or encumbrances thereon. The rights of the Bondowner Representative
to compensation for services and to payment or reimbursement for expenses, disbursements,
liabilities and advances shall have and is hereby granted a lien and a security interest prior to the
Bonds in respect of all property and funds held or collected by the Bondowner Representative as
such, except funds held by the Bondowner Representative for the benefit of the holders of
particular Bonds owned by other than the Bondowner Representative and/or its affiliates, which
amounts shall be held solely for the benefit of those Bondholders and used only for the payment
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of principal of and premium, if any, and interest on the Bonds. The Bondowner Representative’s
rights to immunities, indemnities and protection from liability hereunder and its rights to
payment of its fees and expenses shall survive its resignation or removal and final payment of
the Bonds.
Section 8.07. Qualifications of Bondowner Representative. The Bondowner
Representative hereunder shall be U.S. Bank National Association or a corporation, limited
liability company, partnership or banking association organized and doing business under the
laws of the United States or of a state thereof. No change in the Bondowner Representative shall
be made except upon the written direction of the owners of a majority in the principal amount of
the Bonds Outstanding (any replacement Bondowner Representative that is not either affiliated
with the then Bondowner Representative or that is not the owner of a majority in principal
amount of the then Outstanding Bonds, to be reasonably acceptable to the Issuer). The Issuer
shall have no right to remove or replace the Bondowner Representative.
Any successor Bondowner Representative shall acknowledge its acceptance of its
obligations under this Indenture by a written instrument delivered to the Issuer, the Borrower
and, if the successor is not the sole owner of all of the Bonds then Outstanding, the owners of the
Bonds.
Section 8.08. Merger or Consolidation of Bondowner Representative. Any corporation
or association into which the Bondowner Representative may be merged or with which it may be
consolidated, or any corporation or association resulting from any merger or consolidation to
which the Bondowner Representative shall be a party, or any corporation or association
succeeding to the bond purchase program business of the Bondowner Representative, shall be
the successor of the Bondowner Representative hereunder without the execution or filing of any
paper or any further act on the part of any of the parties hereto, anything herein to the contrary
notwithstanding, provided that such successor Bondowner Representative shall be eligible under
the provisions of Section 8.07 (other than the parenthetical contained therein).
Section 8.09. Dealing in Bonds. The Bondowner Representative, in its individual
capacity, may in good faith buy, sell, own, hold and deal in any of the Bonds, and may join in any
action which any Bondholder may be entitled to take with like effect as if it did not act in any
capacity hereunder. The Bondowner Representative in its individual capacity, either as principal
or agent, may also engage in or be interested in any financial or other transaction with the Issuer,
and may act as depository, trustee, bondowner representative or agent for any committee or body
of Bondholders secured hereby or other obligations of the Issuer as freely as if it did not act in
any capacity hereunder.
Section 8.10. Indemnification of Issuer by Bondowner Representative. The Bondowner
Representative acknowledges that notwithstanding any other provision of this Indenture, the
Bondowner Representative is acting as an independent contractor and not as the agent of Issuer
in servicing and administering the Bonds and the Loan. The Bondowner Representative agrees
to indemnify, hold harmless and defend the Issuer and its Supervisors, officers, agents and
employees against all loss, costs, damages, expenses, suits, judgments, actions and liabilities of
whatever nature (including, without limitation, attorneys’ fees, litigation and court costs,
amounts paid in settlement, and amounts paid to discharge judgments) directly or indirectly
resulting from or arising out of or related to any act or omission on the part of the Bondowner
Representative under the Bond Documents or the Loan Documents caused by the negligence or
willful misconduct of the Bondowner Representative.
If a third party makes a claim against the Issuer that may be subject to indemnification
pursuant to this Section 8.10, the Issuer shall give prompt written notice of such claim to the
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Bondholder Representative; provided, however, that the failure to provide such notice shall not
release the Bondholder Representative from any of its obligations hereunder except only to the
extent the Bondholder Representative is prejudiced by such failure. The Bondholder
Representative shall be entitled to assume and control the defense of such claim at its expense
through counsel of its choice, provided that such counsel is reasonably satisfactory to the Issuer.
The Issuer shall cooperate with the Bondholder Representative, at the expense of the Bondholder
Representative, in such defense and make available to the Bondholder Representative any
witnesses, pertinent records, materials and information in the Issuer’s possession as reasonably
required by the Bondholder Representative. The Issuer shall have no right to settle or
compromise any claim or consent to the entry of any judgment against the Issuer which is the
subject of indemnification hereunder without the prior written consent of the Bondholder
Representative; and the Bondholder Representative shall have no right to settle or compromise
any claim against the Issuer or consent to the entry of any judgment against the Issuer without
the prior written consent of the Issuer.
Section 8.11. Bondowner Representative Not Agent of Issuer. The Bondowner
Representative acknowledges that notwithstanding any other provision of this Indenture, the
Bondowner Representative is acting as an independent contractor and not as the agent of Issuer
in servicing and administering the Bonds and the Loan.
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ARTICLE IX
MODIFICATION OF INDENTURE
Section 9.01. Modification of Indenture. With the prior written consent of all of the
holders of the Bonds at the time Outstanding, evidenced as provided in Section 11.08, the Issuer
and the Bondowner Representative may from time to time and at any time enter into an indenture
or indentures supplemental hereto for the purpose of adding any provisions to or changing in
any manner or eliminating any of the provisions of this Indenture or of any Supplemental
Indenture; provided, however, that, no such Supplemental Indenture shall reduce the aforesaid
percentage of holders of Bonds whose consent is required for the execution of such Supplemental
Indentures. Upon receipt by the Bondowner Representative of a Certified Resolution authorizing
the execution of any such Supplemental Indenture, and upon the filing with the Bondowner
Representative of evidence of the consent of Bondholders, as aforesaid, the Bondowner
Representative shall join with the Issuer in the execution of such Supplemental Indenture, unless
(i) such Supplemental Indenture affects the Bondowner Representative’s own rights, duties or
immunities under this Indenture or otherwise, in which case the Bondowner Representative may
in its discretion, but shall not be obligated to, enter into such Supplemental Indenture; or (ii) such
Supplemental Indenture affects the rights or obligations of the Borrower hereunder or under the
Loan Agreement, in which case the Bondowner Representative shall enter into such
Supplemental Indenture only if the Bondowner Representative has received the Borrower’s
written consent thereto.
It shall not be necessary for the consent of the Bondholders under this Section to approve
the particular form of any proposed Supplemental Indenture, but it shall be sufficient if such
consent shall approve the substance thereof.
Promptly after the execution by the Issuer and the Bondowner Representative of any
Supplemental Indenture pursuant to the provisions of this Section, the Bondowner
Representative (unless at the time the Bondowner Representative and/or one or more of its
affiliates are the owners of all of the Bonds then Outstanding) shall give Bondholders and the
Borrower, by first class mail, a notice setting forth in general terms the substance of such
Supplemental Indenture. Any failure of the Bondowner Representative to give such notice, or
any defect therein, shall not, however, in any way impair or affect the validity of any such
Supplemental Indenture.
Section 9.02. Effect of Supplemental Indenture. Upon the execution of any
Supplemental Indenture pursuant to the provisions of this Article IX, this Indenture shall be and
be deemed to be modified and amended in accordance therewith, and the respective rights, duties
and obligations under this Indenture of the Issuer, the Bondowner Representative and all holders
of Outstanding Bonds shall thereafter be determined, exercised and enforced hereunder subject
in all respects to such modifications and amendments, and all the terms and conditions of any
such Supplemental Indenture shall be part of the terms and conditions of this Indenture for any
and all purposes.
Section 9.03. Opinion of Counsel as to Supplemental Indenture. Subject to the
provisions of Section 8.01, the Bondowner Representative shall be entitled to receive, and shall be
fully protected in relying upon, an Opinion of Counsel as conclusive evidence that any
Supplemental Indenture executed pursuant to the provisions of this Article IX is authorized and
permitted by this Indenture.
Section 9.04. Notation of Modification on Bonds; Preparation of New Bonds. Bonds
authenticated and delivered after the execution of any Supplemental Indenture pursuant to the
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provisions of this Article IX may bear a notation, in form approved by the Bondowner
Representative and the Issuer, as to any matter provided for in such Supplemental Indenture, and
if such Supplemental Indenture shall so provide, new Bonds, so modified as to conform, in the
opinion of the Bondowner Representative and the Issuer, to any modification of this Indenture
contained in any such Supplemental Indenture, may be prepared and authenticated by the
Bondowner Representative and delivered without cost to the holders of the Bonds then
Outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal
amounts.
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ARTICLE X
DISCHARGE OF INDENTURE
Section 10.01. Discharge of Indenture. If the entire indebtedness on all Bonds
Outstanding shall be paid and discharged in any one or more of the following ways:
(a) by the payment of the principal of (including redemption premium, if any)
and interest on all Bonds Outstanding; or
(b) by the delivery to the Bondowner Representative, for cancellation by it, of all
Bonds Outstanding;
and if all other sums payable hereunder by the Issuer shall be paid and discharged, then and in
that case this Indenture shall cease, terminate and become null and void, and the Bondowner
Representative shall forthwith execute proper instruments acknowledging satisfaction of and
discharging this Indenture. The fees, expenses and charges of the Bondowner Representative
(including reasonable counsel fees) must be paid in order to effect such discharge. The
satisfaction and discharge of this Indenture shall be without prejudice to the rights of the
Bondowner Representative to charge and be reimbursed by the Borrower for any expenditures
which it may thereafter incur in connection herewith.
The Issuer or the Borrower may at any time surrender to the Bondowner Representative
for cancellation by it any Bonds previously authenticated and delivered which the Issuer or the
Borrower lawfully may have acquired in any manner whatsoever, and such Bonds upon such
surrender and cancellation shall be deemed to be paid and retired.
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ARTICLE XI
MISCELLANEOUS
Section 11.01. Successors of Issuer. All the covenants, stipulations, promises and
agreements in this Indenture contained, by or on behalf of the Issuer, shall bind and inure to the
benefit of its successors and assigns, whether so expressed or not. If any of the powers or duties
of the Issuer shall hereafter be transferred by any law of the State of California, and if such transfer
shall relate to any matter or thing permitted or required to be done under this Indenture by the
Issuer, then the body or official who shall succeed to such powers or duties shall act and be
obligated in the place and stead of the Issuer as in this Indenture provided.
Section 11.02. Limitation of Rights to Parties and Bondholders. Nothing in this
Indenture or in the Bonds expressed or implied is intended or shall be construed to give to any
Person other than the Issuer, the Bondowner Representative, the Borrower and the holders of the
Bonds issued hereunder any legal or equitable right, remedy or claim under or in respect of this
Indenture or any covenant, condition or provision therein or herein contained; and all such
covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit
of the Issuer, the Bondowner Representative, the Borrower and the holders of the Bonds issued
hereunder.
Section 11.03. Waiver of Notice. 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.
Section 11.04. Destruction of Bonds. Whenever in this Indenture provision is made for
the cancellation by the Bondowner Representative and the delivery to the Issuer of any Bonds,
the Bondowner Representative may, in lieu of such cancellation and delivery, destroy such Bonds
and deliver a certificate of such destruction to the Issuer.
Section 11.05. Separability of Invalid Provisions. In case any one or more of the
provisions contained in this Indenture or in the Bonds shall for any reason be held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision of this Indenture, but this Indenture shall be construed as if such invalid
or illegal or unenforceable provision had never been contained herein.
Section 11.06. Notices. It shall be sufficient service of any notice, request, demand or
other paper on the Issuer, the Bondowner Representative or the Borrower if the same shall, except
as otherwise provided herein, be duly made by U.S. certified mail, return receipt requested,
postage prepaid, by a nationally-recognized overnight delivery service or by telecopier (promptly
confirmed by mail or overnight delivery service as described above), in each case addressed to
the appropriate party at the address for such party set forth below:
The Issuer or the Administrator: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, California 94533
Attention: Community Development Bond
Program Manager
March 29, 2016 Contra Costa County BOS Official Minutes 999
-41-
The Bondowner Representative: U.S. Bank National Association
4747 Executive Drive, 3rd Floor
San Diego, California 92121
Attention: Loan Administrator
with a copy to: U.S. Bank National Association
621 Capital Mall, Suite 800
Sacramento, California 95814
Attention: Andre Massey
and a copy to: California Community Reinvestment Corporation
225 West Broadway, Suite 120
Glendale, California 91204
Attention: Mary Kaiser
The Borrower: EB, L.P.
c/o Eden Housing, Inc.
22645 Grand Street
Hayward, California 94541
Attention: President
with a copy to: Gubb & Barshay LLP
505 14th Street, Suite 1050
Oakland, California 94612
Attention: Natalie Gubb, Esq.
and a copy to: U.S. Bancorp Community Development
Corporation
1307 Washington Avenue, Suite 300
Mail Code: SL MO RMCD
St. Louis, Missouri 63103
Attention: Director of LIHTC Asset
and a copy to: Kutak Rock LLP
1650 Farnam Street
Omaha, Nebraska 68102
Attention: Jill Goldstein, Esq.
Except as provided in the immediately succeeding sentence, any notice given in
accordance with this Section 11.06 shall be deemed to have been duly given upon actual receipt
or refusal to accept delivery. The Issuer, the Bondowner Representative and the Borrower may,
by notice given hereunder, designate any further or different addresses to which subsequent
notices, certificates or other communications shall be sent, which shall be effective 7 days after
such notice is given as provided herein.
Section 11.07. Authorized Representatives. Whenever under the provisions of this
Indenture the approval of the Issuer or the Borrower is required for any action, and whenever the
Issuer or the Borrower is required to deliver any notice or other writing, such approval or such
notice or other writing shall be given, respectively, on behalf of the Issuer by the Authorized
Issuer Representative or on behalf of the Borrower by an Authorized Borrower Representative,
and the Issuer, the Bondowner Representative and the Borrower shall be authorized to act on any
such approval or notice or other writing and neither party hereto nor the Borrower shall have any
complaint against the others as a result of any such action taken.
March 29, 2016 Contra Costa County BOS Official Minutes 1000
-42-
Section 11.08. Evidence of Rights of Bondholders. (a) Any request, consent or other
instrument required by this Indenture to be signed and executed by Bondholders may be in any
number of concurrent writings of substantially similar tenor and may be signed or executed by
such Bondholders in person or by agent or agents duly appointed in writing. Proof of the
execution of any such request, consent or other instrument or of a writing appointing any such
agent, or of the ownership of any Bonds, shall be sufficient for any purpose of this Indenture and
shall be conclusive in favor of the Bondowner Representative and of the Issuer if made in the
manner provided in this Section.
(b) The fact and date of the execution by any Person of any such request, consent or other
instrument or writing 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 request, consent or
other instrument or writing acknowledged to him the execution thereof.
(c) The ownership of Bonds shall be proved by the Bond register maintained pursuant to
Section 2.06 hereof. The fact and the date of execution of any request, consent or other instrument
and the amount and distinguishing numbers of Bonds held by the person so executing such
request, consent or other instrument may also be proved in any other manner which the
Bondowner Representative may deem sufficient. The Bondowner Representative may
nevertheless, in its discretion, require further proof in cases where it may deem further proof
desirable.
(d) Any request, consent or vote of the holder of any Bond shall bind every future holder
of the same Bond and the holder of any Bond issued in exchange therefor or in lieu thereof, in
respect of anything done or suffered to be done by the Bondowner Representative or the Issuer
in pursuance of such request, consent or vote.
(e) In determining whether the holders of the requisite aggregate principal amount of
Bonds have concurred in any demand, request, direction, consent or waiver under this Indenture,
Bonds which are owned by the Issuer or the Borrower or any affiliate of the Borrower or by any
other direct or indirect obligor on the Bonds, or by any Person directly or indirectly controlling
or controlled by, or under direct or indirect common control with, the Issuer or any other direct
or indirect obligor on the Bonds, shall be disregarded and deemed not to be Outstanding for the
purpose of any such determination, provided that, for the purpose of determining whether the
Bondowner Representative shall be protected in relying on any such demand, request, direction,
consent or waiver, only Bonds which the Bondowner Representative knows to be so owned shall
be disregarded. Bonds so owned which have been pledged in good faith may be regarded as
Outstanding for the purposes of this subsection (e) if the pledgee shall establish to the satisfaction
of the Bondowner Representative and the Issuer the pledgee’s right to vote such Bonds and that
the pledgee is not a Person directly or indirectly controlling or controlled by, or under direct or
indirect common control with, the Issuer or any other direct or indirect obligor on the Bonds. In
case of a dispute as to such right, any decision by the Bondowner Representative taken upon the
advice of counsel shall be final and binding upon all holders and pledgees of the Bonds.
(f) In lieu of obtaining any demand, request, direction, consent or waiver in writing, the
Bondowner Representative may call and hold a meeting of the Bondholders upon such notice
and in accordance with such rules and regulations as the Bondowner Representative considers
fair and reasonable for the purpose of obtaining any such action.
Section 11.09. Waiver of Personal Liability. No member of the Board of Supervisors,
officer, agent or employee of the Issuer, and no officer, official, agent or employee of the State or
March 29, 2016 Contra Costa County BOS Official Minutes 1001
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any department, board or agency of any of the foregoing, shall be individually or personally liable
for the payment of the principal of or premium or interest on the Bonds or be subject to any
personal liability or accountability by reason of the issuance thereof; but nothing herein contained
shall relieve any such person from the performance of any official duty provided by law or by
this Indenture.
Section 11.10. Holidays. If the date for making any payment or the last date for
performance of any act or the exercising of any right, as provided in this Indenture, is not a
Business Day, such payment may be made or act performed or right exercised on the next
succeeding Business Day with the same force and effect as if done on the date provided therefor
in this Indenture and, in the case of any payment, no interest shall accrue for the period from and
after such date.
Section 11.11. Execution in Several Counterparts. This Indenture may be executed in
any number of counterparts and each of such counterparts shall for all purposes be deemed to be
an original; and all such counterparts shall together constitute but one and the same instrument.
Section 11.12. Governing Law. This Indenture and the Bonds shall be governed by and
construed in accordance with the laws of the State applicable to contracts made and performed
in the State.
Section 11.13. Successors. Whenever in this Indenture and the Bonds either the Issuer or
the Bondowner Representative is named or referred to, such reference shall be deemed to include
the successors or assigns thereof, and all the covenants and agreements in this Indenture
contained by or on behalf of the Issuer or the Bondowner Representative shall bind and inure to
the benefit of the respective successors and assigns thereof whether so expressed or not.
March 29, 2016 Contra Costa County BOS Official Minutes 1002
S-1
IN WITNESS WHEREOF, the COUNTY OF CONTRA COSTA, CALIFORNIA has caused
this Indenture to be signed in its name and U.S. BANK NATIONAL ASSOCIATION, in token of
its acceptance of the duties of the Bondowner Representative hereunder, has caused this
Indenture to be signed in its name, all as of the day and year first above written.
COUNTY OF CONTRA COSTA,
CALIFORNIA, as Issuer
By:
John Kopchik,
Director, Department of Conservation
and Development
U.S. BANK NATIONAL ASSOCIATION, as
Bondowner Representative
By:
__________,
Vice President
03042.87:J13534
[Signature page to Indenture – East Bluff Apartments]
March 29, 2016 Contra Costa County BOS Official Minutes 1003
A-1
EXHIBIT A
FORM OF BOND
THIS BOND MAY BE OWNED ONLY BY AN “APPROVED INSTITUTIONAL BUYER” (AS
SUCH TERM IS DEFINED IN THE INDENTURE REFERENCED BELOW) OR OTHER ENTITY
PERMITTED UNDER THE INDENTURE, AND THE HOLDER HEREOF, BY THE
ACCEPTANCE OF THIS BOND (A) REPRESENTS THAT IT IS AN APPROVED
INSTITUTIONAL BUYER OR OTHER PERMITTED TRANSFEREE, AND (B)
ACKNOWLEDGES THAT IT CAN ONLY TRANSFER THIS BOND TO ANOTHER APPROVED
INSTITUTIONAL BUYER OR OTHER PERMITTED TRANSFEREE.
Up to $__________
COUNTY OF CONTRA COSTA, CALIFORNIA
MULTIFAMILY HOUSING REVENUE BOND
(EAST BLUFF APARTMENTS), Series 2016A
Dated Date Maturity Date
March _____, 2016 __________ 1, 20_____
REGISTERED OWNER: U.S. BANK NATIONAL ASSOCIATION
PRINCIPAL SUM: Up to __________ MILLION __________ HUNDRED __________
THOUSAND __________ HUNDRED __________ DOLLARS
The County of Contra Costa, California, a political subdivision and body corporate and
politic, duly organized and existing under the laws of the State of California (herein called the
“Issuer”), for value received, hereby promises to pay (but only out of Revenues as hereinafter
provided) to the Registered Owner identified above or registered assigns, the sum of up to
_________ Million _________ Hundred _________ Thousand _________ Hundred _________
Dollars ($__________.00) together with interest on the unpaid Outstanding Balance (as hereinafter
defined) at the interest rate referenced in the Indenture referred to below, until the Issuer’s
obligation to pay the Outstanding Balance shall be discharged. The Outstanding Balance shall
mean the purchase price of the Bonds (defined below) which has been advanced by the purchaser
thereof under the Indenture, and has not been repaid by the Issuer as of the date of calculation of
the Outstanding Balance, subject to the provisions of the second paragraph of Section 2.01 of the
Indenture.
All capitalized terms used but not otherwise defined herein shall have the meanings
ascribed thereto in the Loan Agreement or the Indenture hereinafter mentioned.
This Bond shall mature on the Maturity Date set forth above, and the entire unpaid
principal balance of and any accrued interest on this Bond shall be paid in full on or before such
date. Interest shall be due and payable on each Interest Payment Date in accordance with the
requirements of the Indenture.
In the event the Issuer fails to make the timely payment of any monthly payment, and
such payment remains unpaid for a period of ten (10) days subsequent to the established payment
date, the Issuer shall pay interest on the then Outstanding Balance at the Default Rate, as defined
March 29, 2016 Contra Costa County BOS Official Minutes 1004
A-2
in the Indenture referred to below. Additional amounts shall be remitted to the owner of this
Bond as required by the Indenture, arising by reason of payments due under the Note (as defined
below) and the Loan Agreement referenced below in excess of the principal and interest due on
this Bond.
This Bond is one of a duly authorized issue of bonds of the Issuer designated as “County
of Contra Costa, California Multifamily Housing Revenue Bonds (East Bluff Apartments), Series
2016A” (the “Bonds”), in the initial aggregate principal amount of up to $__________, authorized
to be issued pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the
State of California (herein called the “Act”), and issued under and secured by an Indenture, dated
as of March _____, 2016 (the “Indenture”), between the Issuer and U.S. Bank National Association,
as Bondowner Representative (the “Bondowner Representative”). Reference is hereby made to
the Indenture and all indentures supplemental thereto for a description of the rights thereunder
of the owners of the Bonds, of the nature and extent of the security, of the rights, duties and
immunities of the Bondowner Representative and of the rights and obligations of the Issuer
thereunder, to all of the provisions of which Indenture the holder of this Bond, by acceptance
hereof, assents and agrees.
THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE
ISSUER PAYABLE EXCLUSIVELY FROM REVENUES AND RECEIPTS PLEDGED UNDER THE
INDENTURE. THE BONDS DO NOT CONSTITUTE A DEBT OF THE ISSUER OR OF THE
STATE OF CALIFORNIA OR OF ANY POLITICAL SUBDIVISION THEREOF WITHIN THE
MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION
AND SHALL NEVER CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY OF THE
ISSUER (OTHER THAN WITH RESPECT TO THE AMOUNTS SPECIFICALLY PLEDGED
THEREFOR UNDER THE INDENTURE), OR OF THE STATE OF CALIFORNIA OR ANY
POLITICAL SUBDIVISION THEREOF. THE BONDS SHALL NOT CONSTITUTE A GENERAL
OBLIGATION OF OR A CHARGE AGAINST THE GENERAL CREDIT OF THE ISSUER, BUT
SHALL BE A SPECIAL, LIMITED OBLIGATION OF THE ISSUER PAYABLE SOLELY FROM
THE SOURCES DESCRIBED IN THE INDENTURE.
NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR
PREMIUM OR INTEREST ON THIS BOND AGAINST ANY PAST, PRESENT OR FUTURE
OFFICER, MEMBER OF THE BOARD OF SUPERVISORS, EMPLOYEE OR AGENT OF THE
ISSUER, OR OF ANY SUCCESSOR TO THE ISSUER, AS SUCH, EITHER DIRECTLY 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
OFFICERS, MEMBERS OF THE BOARD OF SUPERVISORS, EMPLOYEES OR AGENTS, AS
SUCH, IS HEREBY EXPRESSLY WAIVED AND RELEASED AS A CONDITION OF, AND
CONSIDERATION FOR, THE EXECUTION AND ISSUANCE OF THIS BOND.
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 (as that
term is defined in the Indenture), consisting primarily of amounts paid by EB, L.P., a California
limited partnership (the “Borrower”) pursuant to a Construction Loan Agreement, dated the
same date as the date of the Indenture (the “Loan Agreement”), among the Bondowner
Representative, the Issuer and the Borrower, to finance the acquisition and rehabilitation of a
multifamily rental housing project by the Borrower in the City of Pinole, California. The loan of
the proceeds of the Bonds under the Loan Agreement (the “Loan”) will be evidenced by a
promissory note (the “Note”) of the Borrower.
March 29, 2016 Contra Costa County BOS Official Minutes 1005
A-3
The Bonds shall be subject to redemption in accordance with the Indenture. Without
limitation on the generality of the foregoing, the Bonds shall be subject to redemption prior to
maturity, at a price equal to the principal amount of Bonds to be redeemed plus interest accrued
thereon to the date fixed for redemption (a) in whole or in part on any Interest Payment Date,
upon prepayment of the Note in whole or in part; (b) in whole following acceleration of the Loan
upon the occurrence of an Event of Default under and as defined in the Loan Agreement; and (c)
in whole or in part on any date from the proceeds of any mandatory prepayment of the Note
under the terms of the Note or the Loan Agreement.
No notice of redemption of Bonds need be given to the registered owners of the Bonds,
and the owner of this Bond, by acceptance hereof, expressly waives any requirement for any
notice of redemption.
If an Event of Default, as defined in the Indenture, shall occur, the principal of all Bonds
may be declared due and payable upon the conditions, in the manner and with the effect
provided in the Indenture. The Indenture provides that in certain events such declaration and its
consequences may be rescinded by the holders of at least a majority in aggregate principal
amount of the Bonds then outstanding.
The Bonds are issuable only as fully registered Bonds without coupons in a single
instrument.
This Bond is transferable by the registered owner hereof, in person, or by its attorney duly
authorized in writing, at the Principal Office of the Bondowner Representative, but only in the
manner, subject to the limitations (including those in Section 2.05 of the Indenture) and upon
payment of the charges provided in the Indenture, and upon surrender and cancellation of this
Bond. Upon such transfer a new fully registered Bond will be issued to the transferee in exchange
herefor. The Issuer and the Bondowner Representative may treat the registered owner hereof as
the absolute owner hereof for all purposes, and the Issuer and the Bondowner Representative
shall not be affected by any notice to the contrary. By its acceptance of this Bond, the registered
owner hereof agrees not to sell any participating interests in this Bond, except as permitted by the
Indenture.
The Indenture contains provisions permitting the Issuer and the Bondowner
Representative to execute supplemental indentures adding provisions to, or changing or
eliminating any of the provisions of, the Indenture, subject to the limitations set forth in the
Indenture. In the event of any inconsistency between the provisions of this Bond and the
provisions of the Indenture, the provisions of the Indenture shall be controlling.
The Issuer hereby certifies that all of the conditions, things and acts required to exist, to
have happened and to have been performed precedent to and in connection with 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 (including the Act) and that
the amount of this Bond, together with all other indebtedness of the Issuer, does not exceed any
limit prescribed by the Constitution or 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
manually signed by the Bondowner Representative.
March 29, 2016 Contra Costa County BOS Official Minutes 1006
A-4
IN WITNESS WHEREOF, the COUNTY OF CONTRA COSTA, CALIFORNIA has caused
this Bond to be executed in its name by the manual or facsimile signature of an Authorized Issuer
Representative, all as of the Dated Date set forth above.
COUNTY OF CONTRA COSTA, CALIFORNIA
By:
Its:
FORM OF CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within-mentioned Indenture and has been
authenticated and registered on this date:
Date: U.S. BANK NATIONAL ASSOCIATION,
as Bondowner Representative
By:
,
Vice President
[Signature page to Bond for East Bluff Apartments]
March 29, 2016 Contra Costa County BOS Official Minutes 1007
A-5
FORM OF ASSIGNMENT
For value received, the undersigned do(es) hereby sell, assign and transfer unto
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within Bond and do(es) hereby irrevocably constitute and appoint
, attorney,
to transfer the same on the registration books of the Bondowner Representative, with full power
of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a
eligible guarantor.
NOTICE: The signature on this assignment must
correspond with the name(s) as written on
the face of the within Bond in every
particular without alteration or enlargement
or any change whatsoever.
March 29, 2016 Contra Costa County BOS Official Minutes 1008
B-1
EXHIBIT B
FORM OF INVESTOR'S LETTER
County of Contra Costa, California
Martinez, California
U.S. Bank National Association,
as Bondowner Representative
San Diego, California
Re: County of Contra Costa, California Multifamily Housing Revenue Bonds (East
Bluff Apartments), Series 2016A
Ladies and Gentlemen:
The undersigned (the “Purchaser”), being the purchaser of $__________ principal amount
of the above-referenced bonds (the “Bonds”) issued pursuant to the Indenture, dated March
_____, 2016 (the “Indenture”), between the County of Contra Costa, California (the “Issuer”) and
U.S. Bank National Association, as the initial Bondowner Representative (the “Bondowner
Representative”) does hereby certify, represent and warrant for the benefit of the Issuer and the
Bondowner Representative that:
(a) The Purchaser is an “Approved Institutional Buyer.”
(b) The Purchaser has sufficient knowledge and experience in financial and
business matters, including the purchase and ownership of tax-exempt obligations, and is
capable of evaluating the merits and risks of its investment in the Bonds. The Purchaser
is able to bear the economic risk of, and an entire loss of, an investment in the Bonds.
(c) The Purchaser is acquiring the Bonds solely for its own account for investment
purposes, and does not presently intend to make a public distribution of, or to resell or
transfer, all or any part of the Bonds, except as contemplated by the Indenture, or as
otherwise permitted by the Indenture.
(d) The Purchaser understands that the Bonds have not been registered under the
United States Securities Act of 1933, as amended, or under any state securities laws. The
Purchaser agrees that it will comply with any applicable state and federal securities laws
then in effect with respect to any disposition of the Bonds by it, and further acknowledges
that any current exemption from registration of the Bonds does not affect or diminish such
requirements.
(e) The Purchaser is familiar with the conditions, financial and otherwise, of the
Borrower and understands that the Borrower has no significant assets other than the
Project. Further, the Purchaser understands that the Bonds involve a high degree of risk.
Specifically, and without in any manner limiting the foregoing, the Purchaser
understands and acknowledges that, among other risks, the Bonds are payable solely from
the Revenues. The Purchaser has been provided an opportunity to ask questions of, and
the Purchaser has received answers from, representatives of the Borrower and the
Bondowner Representative regarding the terms and conditions of the Bonds. The
March 29, 2016 Contra Costa County BOS Official Minutes 1009
B-2
Purchaser has obtained all information requested by it in connection with the issuance of
the Bonds as it regards necessary to evaluate all merits and risks of its investment in the
Bonds. The Purchaser has reviewed the documents executed in conjunction with the
issuance of the Bonds, including, without limitation, the Indenture, the Loan Documents
and the Regulatory Agreement.
(f) The Purchaser is not now and has never been controlled by, or under common
control with, the Borrower. The Borrower has never been and is not now controlled by
the Purchaser. The Purchaser has entered into no arrangements with the Borrower or
with any affiliate in connection with the Bonds, other than as disclosed to the Issuer.
(g) 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. The individual who is signing this letter on
behalf of the Purchaser is a duly appointed, qualified, and acting officer of the Purchaser
and is authorized to cause the Purchaser to make the certificates, representations and
warranties contained herein by execution of this letter on behalf of the Purchaser.
(h) In entering into this transaction, the Purchaser has not relied upon any
representations or opinions of the Issuer or the Bondowner Representative relating to the
legal consequences or other aspects of its investment in the Bonds, nor has it looked to,
nor expected, the Issuer to undertake or require any credit investigation or due diligence
reviews relating to the Borrower, its financial condition or business operations, the Project
(including the financing or management thereof), or any other matter pertaining to the
merits or risks of the transactions contemplated by the Loan Agreement and the
Indenture, or the adequacy of the funds pledged to the Bondowner Representative to
secure repayment of the Bonds.
(i) The Purchaser understands that the Bonds are not secured by any pledge of
any moneys received or to be received from taxation by the Issuer (which has no taxing
power), the State of California or any political subdivision or taxing district thereof; that
the Bonds will never represent or constitute a general obligation or a pledge of the faith
and credit of the Issuer, the State of California or any political subdivision thereof; that no
right will exist to have taxes levied by the State of California or any political subdivision
thereof for the payment of principal and interest on the Bonds; and that the liability of the
Issuer with respect to the Bonds is subject to further limitations as set forth in the Bonds
and the Indenture.
(j) The Purchaser has been informed that the Bonds (i) have not been and will not
be registered or otherwise qualified for sale under the “Blue Sky” laws and regulations of
any jurisdiction, (ii) will not be listed on any stock or other securities exchange, and (iii)
will carry no rating from any rating service.
(k) The Purchaser acknowledges that it has the right to sell and transfer the Bonds,
including interests in the Bonds, subject to compliance with the transfer restrictions set
forth in Section 2.05 of the Indenture, including in certain circumstances the requirement
for the delivery to the Issuer and the Bondowner Representative of an investor’s letter in
the same form as this Investor’s Letter, including this paragraph. Failure to comply with
the provisions of Section 2.05 of the Indenture shall cause the purported transfer to be null
and void. The Purchaser agrees to indemnify and hold harmless the Issuer with respect
to any claim asserted against the Issuer that arises with respect to any sale, transfer or
other disposition of the Bonds by the Purchaser or any transferee thereof in violation of
the provisions of the Indenture.
March 29, 2016 Contra Costa County BOS Official Minutes 1010
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(l) None of the Bondowner Representative, Bond Counsel, the Issuer, its members,
its governing body, or any of its employees, counsel or agents will have any responsibility
to the Purchaser for the accuracy or completeness of information obtained by the
Purchaser from any source regarding the Borrower or its financial condition or the Project,
or regarding the Bonds, the provision for payment thereof, or the sufficiency of any
security therefor. No written information has been provided by the Issuer to the
Purchaser with respect to the Bonds. The Purchaser acknowledges that, as between the
Purchaser and all of such parties, the Purchaser has assumed responsibility for obtaining
such information and making such review as the Purchaser deemed necessary or desirable
in connection with its decision to purchase the Bonds.
(m) The Purchaser acknowledges that the Bonds are exempt from the
requirements of Rule 15c2-12 of the Securities and Exchange Commission and that the
Issuer has not undertaken to provide any continuing disclosure with respect to the Bonds.
The Purchaser acknowledges that the sale of the Bonds to the Purchaser is made in
reliance upon the certifications, representations and warranties herein by the addressees hereto.
Capitalized terms used and not otherwise defined herein have the meanings given to such terms
in the Indenture.
[PURCHASER]
By:
Name:
Title:
March 29, 2016 Contra Costa County BOS Official Minutes 1011
RECOMMENDATION(S):
APPROVE amendments to the List of Designated Positions of the Health Services Department’s Conflict of Interest
Code.
FISCAL IMPACT:
None.
BACKGROUND:
The Health Services Department has amended the List of Designated Positions of its Conflict of Interest Code and
submitted the revised List of Designated Positions to the Board of Supervisors for approval pursuant to Government
Code sections 87306 and 87306.5.
The recommended changes include the addition and elimination of positions designated to file conflict and interest
statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and
organizational structure in use by the department. A strike-out version of the List of Designated Positions is included
as Attachment 1. A final version of the List of Designated Positions is included as Attachment 2.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:Mary N. Piepho, District III Supervisor
Contact: Cynthia Schwerin, 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: Stephanie L. Mello, Deputy
cc: Cynthia Schwerin, Deputy County Counsel, David Twa, Clerk of the Board of the Supervisors, Kim Fuentes, HSD, Clerk - Experienced Level
C.105
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:March 29, 2016
Contra
Costa
County
Subject:Conflict of Interest Code Amendment for the Health Services Department
March 29, 2016 Contra Costa County BOS Official Minutes 1012
ATTACHMENTS
COI - HSD Attachment
1
COI - HSD Attachment
2
March 29, 2016 Contra Costa County BOS Official Minutes 1013
March 29, 2016 Contra Costa County BOS Official Minutes 1014
March 29, 2016 Contra Costa County BOS Official Minutes 1015
March 29, 2016 Contra Costa County BOS Official Minutes 1016
March 29, 2016 Contra Costa County BOS Official Minutes 1017
March 29, 2016 Contra Costa County BOS Official Minutes 1018
March 29, 2016 Contra Costa County BOS Official Minutes 1019
March 29, 2016 Contra Costa County BOS Official Minutes 1020
March 29, 2016 Contra Costa County BOS Official Minutes 1021
March 29, 2016 Contra Costa County BOS Official Minutes 1022
March 29, 2016 Contra Costa County BOS Official Minutes 1023
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: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Enid Mendoza, (925)
335-1039
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C.115
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:Continue Extension of Emergency Declaration Regarding Homelessness
March 29, 2016 Contra Costa County BOS Official Minutes 1024
BACKGROUND: (CONT'D)
March 29, 2016 Contra Costa County BOS Official Minutes 1025
RECOMMENDATION(S):
AMEND the Board Order which was approved by the Board of Supervisors on February 3, 2015, (C.94) with
Regents of the University of California, on behalf of University of California San Francisco, an educational
institution, to revise the name, for the period from April 1, 2016 through December 31, 2020.
FISCAL IMPACT:
None
BACKGROUND:
On February 3, 2015, the Board of Supervisors approved Contract #72-074 with Regents of the University of
California, on behalf of University of California San Francisco, for the provision of unpaid student training
agreement for the period from January 1, 2015 through December 31, 2020.
The purpose of this Board Order is to revise the contractor’s name to The Regents of the University of California,
on behalf of University of California San Francisco, School of Medicine, to reflect the intent of the Department,
through December 31, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: D Morgan, M Wilhelm
C.103
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Correction February 3, 2015, Board Order Item #C. 94 with Unpaid Student Training Agreement #72-074 with
Regents of the University of California, on b
March 29, 2016 Contra Costa County BOS Official Minutes 1026
CONSEQUENCE OF NEGATIVE ACTION:
If this correction is not approved, students will not receive supervised fieldwork instruction experience in County’s
Public Health Division.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
March 29, 2016 Contra Costa County BOS Official Minutes 1027
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: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C.102
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Disposal of Surplus Property
March 29, 2016 Contra Costa County BOS Official Minutes 1028
ATTACHMENTS
Surplus Vehicles and
Equipment
March 29, 2016 Contra Costa County BOS Official Minutes 1029
ATTACHMENT TO BOARD ORDER MARCH 29, 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
SHERIFF 2012 CHEVY TAHOE #3722 (202398 MILES) 1GNSK2E05CR291156 B. WORN OUT
SHERIFF 2004 FORD CROWN VIC. #2412 (92532 MILES) 2FAFP71W14X132313 B. WORN OUT
AGRICULTURE 2009 FORD F-150 TRUCK #5248 (85825 MILES) 1FTRX12W39KC16310 B. WORN OUT
HEALTH SERVICES 2000 CHEVY MALIBU #0406 (95131 MILES) 1G1DN52JXY6226349 B. WORN OUT
SHERIFF 2008 FORD TAURUS #1011 (95066 MILES) 1FAHP24W18G166349 B. WORN OUT
PROBATION 2007 FORD TAURUS #0776 (84660 MILES) 1FAFP53U27A137209 B. WORN OUT
PROBATION 2003 FORD TAURUS #0707 (97602 MILES) 1FAFP52U93G199697 B. WORN OUT
PROBATION 2002 FORD TAURUS #0371 (85678 MILES) 1FAFP52U62G284110 B. WORN OUT
SHERIFF 2011 FORD CROWN VIC. #2040 (103535 MILES) 2FABP7BV3BX120701 B. WORN OUT
PROBATION 2010 FORED ESCAPE #3711 (131519 MILES) 1FMCU5K39AKB19735 D. DAMAGED BEYOND
REPAIR
PROBATION 2002 TOYOTA PRIUS HYB. #0224 (80539 MILES) JT2BK12U620062961 B. WORN OUT
HEALTH SERVICES 2000 CHEVY MALIBU #0419 (86542 MILES) 1G1ND52J6Y6226932 B. WORN OUT
SHERIFF 1980 TMC MC-9 BUS #6831 (25897 MILES) 3105 B. WORN OUT
SHERIFF 2007 FORD CROWN VIC. #1950 (11240 MILES) 2FAFP7137X132592 B. WORN OUT
PUBLIC WORKS 2001 FORD E-250 C. VAN #4591 (95244 MILES) 1FTNE24M11HB35121 B. WORN OUT
AGRICULTURE 1984 PORTASTORE TRAILER #8581 () 00253 B. WORN OUT
March 29, 2016 Contra Costa County BOS Official Minutes 1030
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to distribute the 2014-15 State Highway property
rental revenue in the amount of $91,553.12 to the County Road Fund and to eligible cities pursuant to the provisions
of Section 104.10 of the Streets and Highways Code, as follows: County Road Fund $71,331.12; City of Lafayette
$3,662.00; City of Pittsburg $16,560.00.
FISCAL IMPACT:
This action has no impact on the General Fund. The County Road Fund will receive $71,331.12.
BACKGROUND:
Section 104.6 of the Streets and Highways Code authorizes the State Department of Transportation to lease any lands
it holds which are not presently needed for State Highway purposes and provides that 24 percent of such rental
revenue shall be allocated pursuant to Section 104.10. Section 104.13 provides that all funds distributed to the
County shall be deemed to be in full or partial payment of the possessory interest taxes due on such leased properties.
The recommended distribution is in accordance with these State laws.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Jennifer Webber,
(925)646-2891
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Bob Campbell, Elizabeth Verigin, Haj Nahal, Jennifer Webber
C.104
To:Board of Supervisors
From:Robert Campbell, Auditor-Controller
Date:March 29, 2016
Contra
Costa
County
Subject:DISTRIBUTION OF STATE HIGHWAY PROPERTY RENTAL REVENUE
March 29, 2016 Contra Costa County BOS Official Minutes 1031
CONSEQUENCE OF NEGATIVE ACTION:
The funds will not be distributed.
CHILDREN'S IMPACT STATEMENT:
Not applicable
ATTACHMENTS
State Highway Property Rental Revenue
March 29, 2016 Contra Costa County BOS Official Minutes 1032
$71,331.12
$3,662.00
$16,560.00
TOTAL $91,553.12
DISTRIBUTION OF 2014-15 HIGHWAY PROPERTY RENTAL REVENUE
(Right of Way Rental Income)
County Road Fund
City of Lafayette
City of Pittsburg
March 29, 2016 Contra Costa County BOS Official Minutes 1033
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute the Maintenance of Effort
Certification Form for Fiscal Year 2015/16 as required by Chapter 886, Statutes of 1994 to receive Proposition 172
(public safety sales tax increment) funds, and to submit the Certificate to the County Auditor-Controller.
FISCAL IMPACT:
This Certificate of Maintenance of Effort is required by State statute as implemented by guidelines issued by the
California State Controller. Failure to submit the required certification form would result in the loss of more than
$74.4 million in State Proposition 172 funds for the current fiscal year.
BACKGROUND:
This ½ cent sales tax was authorized in 1994 as a result of the 1993/94 state budget process. Proposition 172 (Senate
Bill 509) designated that the ½ cent sales tax be deposited to newly-created state and local public safety trust funds
and allocated to local agencies to fund public safety activities such as police, sheriff, fire, district attorney, county
corrections, and ocean lifeguards. Court operations were explicitly excluded.
To prevent supplantation of local revenues that would have otherwise been allocated to public safety functions with
Proposition 172 sales tax, the Legislature enacted Assembly Bill 2788 as Chapter 886, Statutes of 1994. AB 2733
requires a local agency to commit at least the same resources as were committed in FY 1992/93 (minus certain
exclusions), adjusted each year by any growth in its Proposition 172 revenue, as maintenance of effort (MOE) in
order to qualify to receive Proposition 172 (Public Safety Sales Tax).
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Timothy Ewell, (925)
335-1036
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.113
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 29, 2016
Contra
Costa
County
Subject:FY 2015/16 CERTIFICATION OF PROPOSITION 172 PUBLIC SAFETY SALES TAX MAINTENANCE OF
EFFORT
March 29, 2016 Contra Costa County BOS Official Minutes 1034
BACKGROUND: (CONT'D)
>
AB 2733 does not specifically define what is meant by “public safety services” and allows each county to make
its own computation. In implementing the MOE section of Assembly Bill 2788 on May 16, 1995, as indicated in
the Certification Form, it was most advantageous for this County to define public safety as follows: District
Attorney (Department 0242), Probation (Departments (0308, 0309, 0310), Public Defender (Department 0243),
Sheriff-Coroner (Departments 0255, 0277, 0300, and 0359), and Inmate Medical Care (Department 0301). It
should be noted that the definition of “public safety services” for computation of the MOE obligation does not in
any way detract from the Board’s authority to designate those funds to whatever public safety department or
service it chooses.
The Board of Supervisors, in 1993, directed that all public safety sales tax proceeds will be allocated to the
District Attorney and Sheriff departments. Due to the downturn in the California economy, public safety sales
taxes received by Contra Costa County has gradually declined since FY 2005/06, by more than 10% over that
five-year period. For the 2015/16 fiscal year, it is estimated that Proposition 172 funds will provide $61.5 million
to fund operations in the Sheriff's Office and $12.9 million to fund operations in the District Attorney’s Office.
2005/06 Actual $69,281,424
2006/07 Actual $67,318,904
2007/08 Actual $65,314,410
2008/09 Actual $57,641,994
2009/10 Actual $55,379,148
2010/11 Actual $60,388,430
2011/12 Actual $63,922,867
2012/13 Actual $67,178,163
2013/14 Actual $72,053,360
2014/15 Actual $74,736,241
2015/16 Budgeted $74,423,400
We have determined that for FY 2015/16, the adopted budget for the County-defined public safety services
exceeded the County’s MOE obligation by more than $156.5 million. In computing the MOE, we followed the
Public Safety MOE Requirement Uniform Guidelines for California Counties and Cities approved by the State
Association of County Auditors. By authorizing the County Administrator to execute and submit the MOE
Certification Form to the County Auditor-Controller, the Board will assure that the County will receive its full
allotment of Proposition 172 funds for the current year.
Attachment A: FY 2015/16 Prop. 172 Maintenance of Effort Certification Form
Attachment B: FY 2015/16 Prop. 172 Maintenance of Effort Calculation Worksheet (Form A)
Attachment C: FY 2015/16 Prop. 172 Maintenance of Effort Base Year Calculation (Form C)
CONSEQUENCE OF NEGATIVE ACTION:
Failure to file the required certification will jeopardize the County's eligibility to receive public safety sales tax
revenue.
ATTACHMENTS
Attachment A: FY 2015/16 Prop. 172 Maintenance of Effort Certification Form
Attachment B: FY 2015/16 Prop. 172 Maintenance of Effort Calculation Worksheet (Form A)
Attachment C: FY 2015/16 Prop. 172 Maintenance of Effort Base Year Calculation (Form C)
March 29, 2016 Contra Costa County BOS Official Minutes 1035
March 29, 2016Contra Costa County BOS Official Minutes1036
Form A: AB2788 MOE Calculation Worksheet
Contra Costa
2015/16
Step #1: Public Safety Services as Previously Defined
In 1994/95, the County established their definition of public safety services consistent with
Government Code Section 30052. Listed below are all departments included in this definition.
District Attorney Health Detention-Inmates Probation
Public Defender Sheriff (including Coroner)
Step #2: Growth Adjusted Base Year
The County determined the AB2788 base year amount in 1994/95 on Form B by using the 1992/93
adopted budget for all defined public safety departments.
Line 2.1: Total Base Year Forward 123,767,077.91
(Adjusted AB2788 Base Amount from Prior Year Form A, Line 3.2)
Step #3: New Base Amount for Local Agency
AB2788 includes a growth factor provision equal to the previous years' growth in Proposition
172 revenues. The Auditor-Controller's Office will provide cities and counties with this amount.
If appropriate, this amount should be added to the AB2788 Base Year.
Line 3.1: Growth Amount 1,499,724.37
Line 3.2: Total Base Amount for Local Agency 125,266,802.28
(Total of lines 2.1 and 3.1)
Step #4: Determine AB2788 Public Safety Budget for Certification Year
The County should determine the AB2788 Public Safety Budget for the Certification year. The
same departments and adjustments that were included in the AB2788 base year calculation
have been entered on Form C. Please complete Form C to provide the following:
Line 4.1: Total AB2788 Public Safety Budget 281,744,081.00
Step #5: AB2788 Maintenance of Effort (MOE) Calculation
Please complete the AB2788 Certification Form using the above information. The calculation
would be as follows:
Line 1 of the Certification Form Take the amount of Line 4.1, Form A
Line 2 of the Certification Form Less the amount of LIne 3.2, Form A
Line 3 of the Certification Form Equals the amount over/(under) AB2788 MOE
requirement.
Form A
March 29, 2016 Contra Costa County BOS Official Minutes 1037
Form C: AB2788 Maintenance-of-Effort (MOE) Base Year CalculationCertification Year: 2015/16CONTRA COSTA COUNTYPlease complete the following Form to calculate the AB2788 MOE base year. Describe all AB2788 adjustments in the space provided below.Public Safety Certification YearAdjusted AB2788Department Adopted Budget (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Certification YearDistrict Attorney (0242) 35,543,739 5,433,657 100,000 315,000 550,000 29,145,082Probation (0308) 31,840,150 7,752,951 151,580 23,935,619Probation (0309) 27,953,735 5,486,826 22,466,909Probation (0310) 11,263,535 4,400,000 6,863,535Public Defender (0243) 21,382,958 23,538 1,767,20719,592,213Sheriff (0255) 121,086,391 3,036,023 150,000 1,552,825 22,375,113 93,972,430Sheriff Contract Services (0277) 18,653,523 18,653,5230Sheriff Detention (0300) 73,121,052 3,137,992 9,829,269 280,115 59,873,676Sheriff-Coroner (0359) 2,866,5592,866,559Hlth Detention Inmates (0301) 23,028,093 3523,028,058 Total 366,739,735 6,197,588 150,000 31,822,735 100,000 18,653,523 22,690,113 4,400,000 550,000 431,695 0 281,744,081 Enter amount onAB2788 MOE Adjustments: Comments: Form A, Line 4.1 (1) Fixed Assets, Lease Purchases & Debt Service(2) POST (3) Grants(4) Transfers/Recording Fees for Real Estate Fraud(5) Court Security, Hospital Security, EHS Security(6) Contracts with Other Jurisdictions(7) State Aid & Fed Aid Placement(8) Narcotics, Environmental, Fraud Forfeitures/Damages(9) STC ReimbursementCompleted By: Timothy M. Ewell, Senior Deputy County Administrator Phone: (925) 335-1036Date: 3/22/2016AB 2788 AdjustmentsMarch 29, 2016Contra Costa County BOS Official Minutes1038
RECOMMENDATION(S):
ADOPT Resolution No. 2016/12 granting a pipeline franchise to Chevron Pipe Line Company, a Delaware
Corporation pursuant to the terms and conditions of County Ordinance No. 2013-19 and County Resolution No.
2013/305 for pipelines located in the unincorporated area of the County near Bay Point, Brentwood, Byron, Concord,
Martinez, and Pittsburg as recommended by the Public Works Director.
FISCAL IMPACT:
The pipeline franchise will generate approximately $1,400.00 per year in revenue to the General Fund, commencing
with calendar year 2015. The annual franchise payment will be calculated pursuant to County Resolution No.
2013/305 at the rate of $1.77 per cubic foot of pipeline within the County right-of-way. The number of cubic feet of
pipeline subject to the franchise fee rate will be calculated by taking the area of the inside diameter of the pipeline
plus 1” and multiplying it by the length of the pipeline within the County right-of-way. The annual franchise fee rate
of $1.77 per cubic foot will be increased annually by the change in the Consumer Price Index, all Urban Consumers
for the San Francisco-Oakland-San Jose Area (1982-84 = 100), with December 2012 (239.53) as the base CPI month.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Carrie Ricci, 925-313-2235
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 97
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Granting of a Pipeline Franchise to Chevron Pipe Line Company
March 29, 2016 Contra Costa County BOS Official Minutes 1039
BACKGROUND:
On August 13, 2013, this Board adopted Ordinance No. 2013-19 (establishing regulations for granting pipeline
franchises in County rights-of-way) and Resolution No. 2013/305 (establishing pipeline franchise fee amounts).
Chevron Pipe Line Company has filed a written application with the County, dated April 8, 2014, wherein it has
requested the granting of a pipeline franchise for the transportation of crude oil pursuant to the terms and
conditions of County Ordinance No. 2013-19 and County Resolution No. 2013/305. Chevron Pipe Line Company
also provided a $5,000 deposit to cover all administrative costs associated with the granting of this pipeline
franchise as required by Ordinance No. 2013-19 and Resolution No. 2013/305.
Approval of Resolution No. 2016/___ will grant a pipeline franchise to Chevron Pipe Line Company for the
pipelines shown in the table below for an initial term of 10 years.
Pipeline Name Type Diameter Length
Kettleman Los Medanos (KLM)Crude Oil 12”311 ft.
Kettleman Los Medanos (KLM)Crude Oil 18”220 ft.
CONSEQUENCE OF NEGATIVE ACTION:
Chevron Pipe Line Company will not obtain the required authorization to operate and maintain their pipelines
within the County right-of-way, and will not be subject to the requirements of the County’s pipeline franchise
ordinance.
AGENDA ATTACHMENTS
Resolution No. 2016/12
Chevron Pipeline Company - Exhibit 1
MINUTES ATTACHMENTS
Signed: Resolution No. 2016/12
March 29, 2016 Contra Costa County BOS Official Minutes 1040
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/12
IN THE MATTER OF a resolution of the Board of Supervisors of the County of Contra Costa authorizing the granting of a
Pipeline Franchise to Chevron Pipe Line Company, a Delaware Corporation. The Board of Supervisors of the County of Contra
Costa finds and declares:
WHEREAS, on August 13, 2013, this Board adopted: Ordinance No. 2013-19 (establishing regulations for granting pipeline
franchises in County rights-of-way), which became effective September 12, 2013; and Resolution No. 2013/305 (establishing
pipeline franchise fee amounts). WHEREAS, Chevron Pipe Line Company has filed a written application with the County, dated
April 8, 2014, wherein it has requested the granting of a pipeline franchise pursuant to the terms and conditions of County
Ordinance No. 2013-19 and County Resolution No. 2013/305. WHEREAS, Chevron Pipe Line Company has identified the
following two pipelines, which it owns, and will be covered under the proposed pipeline franchise as:
Kettleman Los Medanos Pipeline – 12 inch diameter, 311 feet crude oil.1.
Kettleman Los Medanos Pipeline – 18 inch diameter, 220 feet crude oil.2.
WHEREAS, the County has reviewed the application as well as relevant documents, staff reports and recommendation and it is the intent of the Board to grant a pipeline franchise to
Chevron Pipe Line Company pursuant to Ordinance No. 2013-19 and Resolution No. 2013/305.
NOW, THEREFORE, BE IT RESOLVED:
The Board of Supervisors of Contra Costa County finds and declares that the foregoing recitals are true and correct.1.
Pursuant to Ordinance No. 2013-19, a franchise to operate a 12 inch diameter crude oil pipeline bisecting the County from
east to west and crossing various County rights of way for a lineal distance of approximately 311 feet (Kettleman Los
Medanos Pipeline) is hereby granted to Chevron Pipe Line Company, a Delaware corporation, for a term of 10 years.
2.
Pursuant to Ordinance No. 2013-19, a franchise to operate an 18 inch diameter crude oil pipeline bisecting the County
from east to west and crossing various County rights of way for a lineal distance of approximately 220 feet (Kettleman Los
Medanos Pipeline) is hereby granted to Chevron Pipe Line Company, a Delaware corporation, for a term of 10 years.
3.
The general location of the pipelines is depicted on the maps attached hereto as Exhibit 1.4.
The annual franchise payment to be paid pursuant to County Resolution No. 2013/305 shall be calculated at the rate of
$1.77 per cubic foot of pipeline within the County right-of-way. The number of cubic feet of pipeline subject to the
franchise fee rate will be calculated by taking the area of the inside diameter of the pipeline plus 1” and multiplying it by
the length of the pipeline within the County right-of-way. The annual franchise fee rate of $1.77 per cubic foot will be
increased annually by the change in the Consumer Price Index, all Urban Consumers for the San Francisco-Oakland-San
Jose Area (1982-84 = 100), with December 2012 (239.53) as the base CPI month.
5.
The Director of Public Works, or her designee, is authorized to administer the pipeline franchise granted pursuant to this
resolution.
6.
The Resolution shall take effect upon the following:7.
Within 30 days of the date of this Resolution, Chevron Pipe Line Company must file with the Public Works Department the following: (1) a written acceptance of the terms and
conditions of the franchise granted pursuant to this Resolution, Ordinance No. 2013-19, and Resolution No. 2013/305; (2) a performance bond in the form approved by the Board;
insurance coverage as required by Ordinance No. 2013-19.
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 1041
Contact: Carrie Ricci, 925-313-2235
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 1042
Chevron Pipeline Company Franchise County ROW Crossings Location Map 1 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1043
Location Map 2 County ROW Crossings Chevron Pipeline Company Franchise Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1044
Chevron Pipeline Company Franchise County ROW Crossings Location Map 3 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1045
Chevron Pipeline Company Franchise County ROW Crossings Location Map 4 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1046
Chevron Pipeline Company Franchise County ROW Crossings Location Map 5 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1047
Chevron Pipeline Company Franchise County ROW Crossings Location Map 6 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1048
Chevron Pipeline Company Franchise County ROW Crossings Location Map 7 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1049
Chevron Pipeline Company Franchise County ROW Crossings Location Map 8 Indicates pipeline to be under Chevron Pipeline Company Franchise Chevron Pipe Line Company Franchise Indicates pipeline to be under Chevron Pipe Line Company Franchise March 29, 2016Contra Costa County BOS Official Minutes1050
March 29, 2016Contra Costa County BOS Official Minutes1051
RECOMMENDATION(S):
ADOPT Resolution No. 2016/13 granting a pipeline franchise to Chevron U.S.A. Inc., a Pennsylvania Corporation
pursuant to the terms and conditions of County Ordinance No. 2013-19 and County Resolution No. 2013/305 for
pipelines located in the unincorporated area of the County near Bay Point, Brentwood, Byron, Martinez, Richmond,
and Pittsburg as recommended by the Public Works Director.
FISCAL IMPACT:
The pipeline franchise will generate approximately $2,350.00 per year in revenue to the General Fund, commencing
with calendar year 2015. The annual franchise payment will be calculated at the rate of $1.77 per cubic foot of
pipeline within the County right-of-way. The number of cubic feet of pipeline subject to the franchise fee rate will be
calculated by taking the area of the inside diameter of the pipeline plus 1” and multiplying it by the length of the
pipeline within the County right-of-way. The annual franchise fee rate of $1.77 per cubic foot will be increased
annually by the change in the Consumer Price Index, all Urban Consumers for the San Francisco-Oakland-San Jose
Area (1982-84 = 100), with December 2012 (239.53) as the base CPI month.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Carrie Ricci, 925-313-2235
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 98
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 29, 2016
Contra
Costa
County
Subject:Granting of a Pipeline Franchise to Chevron U.S.A. Inc.
March 29, 2016 Contra Costa County BOS Official Minutes 1052
BACKGROUND:
On August 13, 2013, this Board adopted Ordinance No. 2013-19 (establishing regulations for granting pipeline
franchises in County rights-of-way) and Resolution No. 2013/305 (establishing pipeline franchise fee amounts).
Chevron U.S.A. Inc. has filed a written application with the County, dated April 8, 2014, wherein it has requested
the granting of a pipeline franchise for the transportation of petroleum products and natural gas pursuant to the
terms and conditions of County Ordinance No. 2013-19 and County Resolution No. 2013/305. Chevron USA,
Inc. also provided a $5,000 deposit to cover all administrative costs associated with the granting of this pipeline
franchise as required by Ordinance No. 2013-19 and Resolution No. 2013/305.
Approval of Resolution No. 2016/13 will grant a pipeline franchise to Chevron U.S.A. Inc. for the pipelines
shown in the table below for an initial term of 10 years.
Pipeline Name Type Diameter Length
Bay Area Products Line (BAPL)Petroleum Products 8"790 ft
Bay Area Products Line (BAPL)Petroleum Products 10"379 ft
Northern California Gas (NCG)
System Natural Gas 12"341 ft
Northern California Gas (NCG)
System Natural Gas 18"154 ft
CONSEQUENCE OF NEGATIVE ACTION:
Chevron USA, Inc. will not obtain the required authorization to operate and maintain their pipelines within the
County right-of-way and will not be subject to the requirements of the County’s pipeline franchise ordinance.
AGENDA ATTACHMENTS
Resolution No. 2016/13
Chevron USA Inc - Exhibit 1
MINUTES ATTACHMENTS
Signed: Resolution No. 2016/13
March 29, 2016 Contra Costa County BOS Official Minutes 1053
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/13
IN THE MATTER OF a resolution of the Board of Supervisors of the County of Contra Costa authorizing the granting of a
Pipeline Franchise to Chevron U.S.A. Inc., a Pennsylvania Corporation. The Board of Supervisors of the County of Contra Costa
finds and declares:
WHEREAS, on August 13, 2013, this Board adopted: Ordinance No. 2013-19 (establishing regulations for granting pipeline
franchises in County rights-of-way), which became effective September 12, 2013; and Resolution No. 2013/305 (establishing
pipeline franchise fee amounts). WHEREAS, Chevron U.S.A. Inc. has filed a written application with the County, dated April 8,
2014, wherein it has requested the granting of a pipeline franchise pursuant to the terms and conditions of County Ordinance No.
2013-19 and County Resolution No. 2013/305. WHEREAS, Chevron U.S.A. Inc. has identified the following four pipelines,
which it owns, and will be covered under the proposed pipeline franchise as:
Bay Area Products Line (BAPL) – 8 inch diameter, 790 feet Petroleum Products.1.
Bay Area Products Line (BAPL) – 10 inch diameter, 379 feet Petroleum Products.2.
Northern California Gas (NCG) System – 12 inch diameter, 341 feet Natural Gas.3.
Northern California Gas (NCG) System – 18 inch diameter, 154 feet Natural Gas.4.
WHEREAS, the County has reviewed the application as well as relevant documents, staff reports and recommendation and it is the intent of the Board to grant a pipeline franchise to
Chevron U.S.A. Inc. pursuant to Ordinance No. 2013-19 and Resolution No. 2013/305.
NOW, THEREFORE, BE IT RESOLVED:
The Board of Supervisors of Contra Costa County finds and declares that the foregoing recitals are true and correct.1.
Pursuant to Ordinance No. 2013-19, a franchise to operate an 8 inch diameter Petroleum Products pipeline bisecting the
County from north to south and crossing various County rights of way for a lineal distance of approximately 790 feet
(BAPL pipeline) is hereby granted to Chevron USA, Inc. a Delaware corporation, for a term of 10 years.
2.
Pursuant to Ordinance No. 2013-19, a franchise to operate a 10 inch diameter Petroleum Products pipeline bisecting the
County from north to south and crossing various County rights of way for a lineal distance of approximately 379 feet
(BAPL pipeline) is hereby granted to Chevron USA, Inc., a Delaware corporation, for a term of 10 years.
3.
Pursuant to Ordinance No. 2013-19, a franchise to operate a 12 inch diameter Natural Gas pipeline bisecting the County
from east to west and crossing various County rights of way for a lineal distance of approximately 341 feet (NCG System
pipeline) is hereby granted to Chevron USA, Inc., a Delaware corporation, for a term of 10 years.
4.
Pursuant to Ordinance No. 2013-19, a franchise to operate an 18 inch diameter Natural Gas pipeline bisecting the County
from east to west and crossing various County rights of way for a lineal distance of approximately 154 feet (NCG System
pipeline) is hereby granted to Chevron USA Inc., a Delaware corporation, for a term of 10 years.
5.
The general location of the pipelines is depicted on the maps attached hereto as Exhibit 1.6.
The annual franchise payment to be paid pursuant to County Resolution 2013/305 shall be calculated at the rate of $1.77
per cubic foot of pipeline within the County right-of-way. The number of cubic feet of pipeline subject to the franchise fee
rate will be calculated by taking the area of the inside diameter of the pipeline plus 1” and multiplying it by the length of
the pipeline within the County right-of-way. The annual franchise fee rate of $1.77 per cubic foot will be increased
7.
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 1054
annually by the change in the Consumer Price Index, all Urban Consumers for the San Francisco-Oakland-San Jose Area
(1982-84 = 100), with December 2012 (239.53) as the base CPI month.
The Director of Public Works, or her designee, is authorized to administer the pipeline franchise granted pursuant to this
resolution.
8.
The Resolution shall take effect upon the following:9.
Within 30 days of the date of this Resolution, Chevron USA, Inc. must file with the Public Works Department the following: (1)
a written acceptance of the terms and conditions of the franchise granted pursuant to this Resolution, Ordinance No. 2013-19, and
Resolution No. 2013/305; (2) a performance bond in the form approved by the Board; insurance coverage as required by
Ordinance 2013-19.
Contact: Carrie Ricci, 925-313-2235
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 1055
Chevron U.S.A. Inc. Pipeline FranchiseLocation Map 1County ROW CrossingsIndicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1056
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 2Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1057
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 3Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1058
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 4Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1059
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 5Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1060
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 6Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1061
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 7Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1062
Location Map 8County ROW CrossingsChevron U.S.A. Inc. Pipeline FranchiseIndicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1063
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 9Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1064
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 10Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1065
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 11Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1066
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 12Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1067
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 13Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1068
Chevron U.S.A. Inc. Pipeline FranchiseCounty ROW CrossingsLocation Map 14Indicates pipeline to be under Chevron USA, Inc. Franchise March 29, 2016Contra Costa County BOS Official Minutes1069
March 29, 2016Contra Costa County BOS Official Minutes1070
March 29, 2016Contra Costa County BOS Official Minutes1071
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a Memorandum of Understanding with
the County of San Mateo's Northern California Regional Intelligence Center, to include mutual indemnification, to
facilitate the sharing of information as it relates to narcotics trafficking; organized crime; international, domestic and
street terrorism related activities.
FISCAL IMPACT:
The total cost associated with this agreement is already within the operational budget of the Office of the Sheriff's
employee salary and benefits. No additional funds are needed.
BACKGROUND:
The Sheriff of the County of San Mateo is requesting Contra Costa County Office of the Sheriff's participation in
supporting the Northern California Regional Intelligence Center (NCRIC). NCRIC is a multi-jurisdictional public
safety information fusion center compromised on the Northern California High Intensity Drug Trafficking Area.
NCRIC was created to assist local, state, federal and tribal public safety agencies and critical infrastructure locations
with the
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C.111
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:March 29, 2016
Contra
Costa
County
Subject:Interagency Argreement with San Mateo County
March 29, 2016 Contra Costa County BOS Official Minutes 1072
BACKGROUND: (CONT'D)
collection, analysis and dissemination of all crime threat information. It is the mission of the NCRIC to protect the
citizens of the counties within its area of responsibility from the threat of narcotics trafficking; organized crime;
international, domestic and street terrorism related activities through information sharing and technical operation
support to public safety agencies.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Northern California Regional Intelligence Center (NCRIC) will remain unsupported
and the County's information sharing partnership with local state and federal agencies, which is paramount in
identifying, preventing and responding to all regional hazards will be diminished.
CHILDREN'S IMPACT STATEMENT:
No impact.
March 29, 2016 Contra Costa County BOS Official Minutes 1073
RECOMMENDATION(S):
ACCEPT the Contra Costa County Library Commission 2015 Annual Report and 2016 Work Plan.
FISCAL IMPACT:
None
BACKGROUND:
On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires each regular and
ongoing board, commission, or committee to report annually to the Board of Supervisors. The Library Commission
meets on the fourth Thursday of alternating months at Library Administration, 75 Santa Barbara Road, Pleasant Hill
CA 94523 under the following leadership: Rodger Lum, Chair; Jan Woo, Vice-Chair; and staff Jessica A. Hudson,
County Librarian. The attached report was developed by the Library Commission and approved by their 2016 Chair
Rodger Lum and Vice-Chair Alan Smith. It highlights the Commission's activities, accomplishments,
training/certification and attendance for 2015. In addition, it also details the Commission's 2016 work plan, goals and
objectives.
CONSEQUENCE OF NEGATIVE ACTION:
If the report is not accepted, then the Library Commission will not be in compliance with Resolution No. 2002/377.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 925-927-3201
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.106
To:Board of Supervisors
From:Jessica Hudson, County Librarian
Date:March 29, 2016
Contra
Costa
County
Subject:Library Commission 2015 Annual Report and 2016 Work Plan
March 29, 2016 Contra Costa County BOS Official Minutes 1074
ATTACHMENTS
Library Commission 2015 Annual
Report
March 29, 2016 Contra Costa County BOS Official Minutes 1075
Library Commission 2015 Annual Report and 2016 Work Plan
Library Commission meets 4th Thursday of alternating months
Library Commission meets at Library Administration, 75 Santa Barbara Road, Pleasant Hill
Rodger Lum, Chair
Kathy Fuller, Vice-chair
Staff: Jessica A. Hudson, County Librarian
1. Activities and Accomplishments
o Provided information and reports to Library Friends, Foundations, appointing agencies, Mayors
Conferences, MACs, community library commissions and community library managers about
library activities; also attended State Legislators’ meetings
o Work with Library staff on local projects - supporting library services.
Commissioners have met library staff to discuss library hours, special collections, parking,
renovations, acquisitions, and programming. Many Commissioners work with their local
libraries as members of their friends group: they advocate for their libraries, organize book
sales, and acknowledge the work of library staff. Commissioners also help get the word out
about library programs and services.
o Participate in Library Commission meetings.
Commissioners participated by attending the meetings, voting on motions, hearing
presentations, asking questions, discussing issues, and sharing library-related news with
other commissioners.
o Provide community input to the County Library.
Commissioners helped to inform County Library staff by reporting and asking questions
during Commission meetings. Commissioners have sought input from the community and in
general, relayed this input at the branch level.
o Continue to advocate with elected officials for financial support of libraries.
The Commission has advocated for financial support through letter-writing campaigns. Often
drafted by Commissioner Alan B. Smith, issues have included increased library funding at the
state level, preservation of funding for the Institute of Museum and Library Services (IMLS),
and gratitude to the Governor for his support of libraries. Commissioners met with local,
elected officials to discuss funding for new or improved facilities, hours, programming, and
services. Drafted letters are sent through the Board of Supervisors for approval.
o Commissioner Smith (District IV) conducted Board Effectiveness Training for another library
jurisdiction in California to help increase skills and knowledge for participants.
o Continued advocacy including Commissioner Smith (District IV) meeting with legislators and/or
staff during their swearing in day.
o Worked with County staff to add IMLS funding as an ongoing legislative platform for the Board of
Supervisors.
o Received a variety of reports from County staff which prompted discussion on broad topics such
as new building projects, upcoming programs, grant projects, and recruitment and retention at the
Department level.
2. Attendance/Representation
The 29-member Library Commission is diverse and meets the Board of Supervisors' goal to maintain an
ethnic, economic, and geographic balance. A wide range of ages is represented on the Library
Commission. All six meetings in 2015 achieved a quorum and many alternate Commissioners attended
meetings in addition to the appointed Commissioner. (Attachment - attendance report)
3. Training/Certification
o Thirty-nine members viewed and reviewed recordings on the Brown Act and Conflict of Interest
as required by the Board of Supervisors.
o Some Commissioners renewed CPLA (California Public Library Advocates) memberships
March 29, 2016 Contra Costa County BOS Official Minutes 1076
Library Commission 2015 Annual Report and 2016 Work Plan ~ PAGE 2 ~
Proposed Work Plan / Objectives for 2016:
Goal: Continue to advocate for and support increased funding
Objective: Support Library Friends fundraising activities
Objective: Continue to advocate with elected officials for financial support of libraries
Objective: Recommend the levels of funding necessary to provide each level of service proposed
Objective: Explore alternative methods of establishing stable and adequate funding
Objective: Continued support and participation at the branch/City level
Objective: Advise the Board of Supervisors and County Librarian, and recommend appropriate action,
including establishment of a countywide foundation, regarding the feasibility of increased private
fundraising on a countywide level to meet unfunded service needs in support of the mission, goals and
objectives of the Contra Costa Public Library
Objective: Assess the need for additional funding to achieve the Contra Costa County Library’s mission
and strategic goals.
Objective: Identify methods to increase philanthropic support of the mission and goals of the Contra
Costa County Library.
Goal: Continue to promote, expand, educate, and support library services and programs for all of
the communities
Objective: Support City Reads programs
Objective: Work with Library staff on local projects - supporting library services
Objective: Assist in the development of policies
Objective: Provide community input to the County Library
Objective: Promote collection development in languages other than English
Objective: Increase use of County libraries by community members who have not typically underutilized
these resources (e.g., low-income, culturally and ethnically-diverse community members)
Goal: Continue supporting/assisting Friends of the Library groups.
Objective: Participate as members of Friends groups for community libraries
Objective: Document methods by which County communities have raised funds for facilities
Objective: Work with Friends and Foundations to attend their Board meetings
Goal: Continue to develop skills as a Library Commissioner and be actively involved
Objective: Participate in Library Commission meetings
Objective: Provide reports about the Library Commisision to City Councils, Friends, etc
Objective: Join/Renew Commissioner’s CPLA (California Public Library Advocates) memberships
Objective: Attend library workshops, seminars, trainings, and report on these to the Commission
Objective: Commissioner Smith (District IV) will continue to conduct Board Effectiveness Trainings
Objective: Participate in further trainings to understand what activities are allowable by law or County
ordinance for the Library Commission
Objective: Schedule/hold regular meetings with individual Library Managers to increase
communications and continue to learn about the Library
Objective: Develop goals and objectives that may be undertaken by the Commission as an official body
that directly address the Commission's purpose and duties as stated in its bylaws
Objective: Advise the Board of Supervisors and County Librarian on progress toward implementation of
the 2014-2017 strategic plan, and of emerging needs for additional library services, and recommend
additional funding, if required, to fulfill the strategic plan goals and objectives and meet emerging needs
March 29, 2016 Contra Costa County BOS Official Minutes 1077
Library Commission 2015 Annual Report and 2016 Work Plan ~ PAGE 3 ~
Attendance Report
Library Commission Attendance: January 2015 – December 2015
Library Commission Attendance January 2015 – December
2015
Total Total Total Total
signed BROWN ACT &
Ethics Orientation
video viewing
certification
COMMISSIONERS REPRESENTING Meetings Absent Present Excused Received
Ruehlig, Walter City of Antioch 6 4 2 X
Faye, Vivian City of Brentwood 6 6 X
Atkinson, Joyce City of Clayton 6 5 1 X
Boyd, Jeanne City of Clayton (Alternate) 6 2 4 X
Waterson, Judi
City of Concord
6
3
3
3
X
Taherian, Suzy Town of Danville 6 3 3 X
Woo, Janice City of El Cerrito 6 6 X
Panas, Tom City of El Cerrito (Alternate) 6 4 2 X
Ayalin, Cip
(term ended 3/26/15)
City of Hercules 2
2 X
Gabriel, Andrew
Miller, Brian
City of Hercules (Alternate)
City of Hercules
6
3
1 3
1
2
2
X
Hoisington, Mary Ann City of Lafayette 6 6
X
Phillips, Laurie City of Lafayette (Alternate) 6 1 3 2 X
Fuller, Kathy (Vice-chair) City of Martinez 6 3 3 X
Kindall, Gayle City of Martinez (Alternate) 6 6
Lum, Rodger
Town of Moraga
6
6
X
Wernet, Patty Town of Moraga (Alternate) 2 1 1 X
Joseph, Mary
(term ended 6/30/15)
City of Oakley 3 1 2 X
Giullian, Karen
(term ended 6/30/15)
City of Oakley (Alternate)
3
3
Fitzpatrick, Arnold City of Oakley 3 2 1 X
Kelly, Juan City of Orinda 4 4 X
Czerner, CZ City of Orinda (Alternate) 4 3 1 X
Magann, Kathy City of Pinole (Alternate) 6 5 1 X
O’Rourke, Charlene
City of Pinole
6
5
1
X
Canciamilla, Laura City of Pittsburg 2 1 1 X
Herrick, Leanne City of Pittsburg (Alternate) 6 5 1
Bracken, Katherine City of Pleasant Hill 6 4 2 X
Vacant City of Richmond -
Bustamante, Sonia
(term ended 6/30/15)
City of San Pablo (Alternate) 3 3
Prater, Penny
(term ended 6/30/15)
City of San Ramon
ity of San Ramon
3
3
3
X
Gilcrest, Kathy City of San Ramon 3 2 1 X
Meisch, Lynn A. City of Walnut Creek 6 1 5 X
LaLanne, Yvonne City of Walnut Creek (Alternate) 6 1 5 X
Woodrow, Don District 1 6 2 3 1 X
Riise, Diane
District 2
6
2
4
X
Miner, Julia District 2 (Alternate) 6 5 1 X
Vaid, Pramod
District 3
6
5
1
X
Scott, Bryan District 3 (Alternate) 6 5 1 X
Smith, Alan B.
District 4
6
6
X
L
Wilson, Peter District 4 (Alternate) 4 2 2 X
Kennedy, Lisa District 5 6 5 1 X
Lester, Tobias District 5 (Alternate) 4 3 X
Sakata, Karen Office of Education 6 3 1 2
Valdez , Margie Contra Costa Central Labor Council 6 6 X
Vacant Contra Costa Council -
Lawler Jessica
(term ended 9/24/15)
Friends Council 5 3 2 X
Mehdizadeh, Mojdeh
(term ended 1/30/15)
Contra Costa Community College District 1 1 X
Kivel, Andy
Contra Costa Community College District
(Alternate)
6
6
2
3
X
Sison, Ruth Contra Costa Community College District 5 2 3 X
March 29, 2016 Contra Costa County BOS Official Minutes 1078
RECOMMENDATION(S):
ADOPT Resolution No. 2016/120 authorizing the issuance of Multifamily Housing Revenue Bonds (the
"Bonds") in an amount not to exceed $21,000,000 to finance the acquisition and construction of Hana Gardens
Apartments, a 63-unit residential rental housing development located at 10860 and 10848 San Pablo Avenue
(APNs 503-010-003 and 510-010-014) in the City of El Cerrito, California (the "Development").
1.
FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct.2.
ACKNOWLEDGE that for purposes of Section 147(f) of the Internal Revenue Code of 1986, authorizing the
issuance of the Bonds to finance the costs of the acquisition and construction of the Development is subject to
Board of Supervisors approval of all documents related to the Bonds to which the County is a party.
3.
ACKNOWLEDGE that adoption of this resolution does not relieve or exempt the project sponsor from
obtaining required permits or approvals, nor obligate the County to incur any obligation or provide financial
assistance with respect to the Bonds or the Development; and
4.
AUTHORIZE and DIRECT any authorized officer of the County to do any and all things, take any and all
actions, and execute and deliver any and all certificates, agreements, and other documents, which the officer
may deem necessary or advisable in order to effectuate the intent of the Resolution.
5.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C.112
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Multifamily Housing Revenue Bonds - Hana Gardens, El Cerrito
March 29, 2016 Contra Costa County BOS Official Minutes 1079
RECOMMENDATION(S): (CONT'D)
>
FISCAL IMPACT:
No impact to the General Fund. In the event that the bonds are issued, the County is reimbursed for costs incurred
in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the
Development will be rented to low income households are accommodated in the bond issue. The Bonds will be
solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the bond
documents. No County funds are pledged to secure the Bonds.
BACKGROUND:
The recommended action is the adoption of a resolution by the Board, as the legislative body of the County,
authorizing the issuance of Multifamily Housing Revenue Bonds (the "Bonds"), which will be used to finance the
acquisition and construction of Hana Gardens Apartments, a 63-unit residential rental housing development
located at 10860 and 10848 San Pablo Avenue (APNs 503-010-003 and 510-010-014) in the City of El Cerrito,
California (the "Development").
Through a limited partnership that it has sponsored, Eden Housing Inc. (Eden) will acquire the Development and
proposes the use of the Bonds to construct the project. Eden, or a related entity, will be the Managing General
Partner with a tax credit investor as the limited partner.
The proposed financing would implement City of El Cerrito and County policies to maintain and increase the
supply of affordable housing. At its March 1, 2016 meeting, the Board of Supervisors approved Reimbursement
Resolution (Resolution number 2016/89) for the Development. The Reimbursement Resolution conditionally
provided for the issuance of the Bonds.
The main purpose of the proposed resolution is to acknowledge that a public hearing was held by the Community
Development Bond Program Manager on March 10, 2016 with no public comment, and to meet other bond
issuance requirements which are specified in Section 147(f) of the Internal Revenue Code. The proposed bonds
cannot be issued until a separate resolution is adopted by the Board of Supervisors specifically authorizing the
sale of the Bonds. Such separate resolution to authorize the sale of bonds would come before the Board after
receipt of an allocation from the State of California for Private Activity Bond Authority. An application for
Private Activity Bond Authority will be submitted to the California Debt Limit Allocation Committee by May 20,
2016. The expected timing for a Bond Sale Resolution would be October, 2016. The City of El Cerrito
acknowledged its support of the County as the bond issuer by City Council resolution at its March 15, 2016 meeting.
The proposed resolution would not relieve Eden from obtaining other required permits or approvals required by
law, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the
Development. Annual expenses of the County related to the monitoring of the Regulatory Agreement are
accommodated in the bond issue.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action would prevent the County from meeting the public approval requirement of the Internal Revenue
Code for issuing Multifamily Housing Revenue Bonds. As a result, the Multifamily Housing Revenue Bonds
could not be issued by the County.
ATTACHMENTS
Resolution No. 2016/120
March 29, 2016 Contra Costa County BOS Official Minutes 1080
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 03/29/2016 by the following vote:
AYE:
John Gioia
Candace Andersen
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:Mary N. Piepho
ABSTAIN:
RECUSE:
Resolution No. 2016/120
In the Matter of Authorizing the Issuance of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to
Exceed Twenty-One Million Dollars ($21,000,000) for the Purpose of Providing Financing for a Residential Rental Project in El
Cerrito Currently Identified as Hana Gardens Apartments.
WHEREAS, the County of Contra Costa (the “County”) is authorized to issue multifamily housing revenue bonds pursuant to
Section 52075 and following of the California Health and Safety Code; and
WHEREAS, the County desires to participate in financing costs of the acquisition and construction of a mixed use 63-unit
residential rental housing development with ground floor commercial space currently identified as Hana Gardens Apartments and
to be located at 10860 and 10848 San Pablo Avenue (APNs 503-010-003 and 510-010-014) in El Cerrito, California (the
“Development”), which initially will be owned by El Cerrito Senior, L.P., a California limited partnership, or another entity to be
formed by Eden Housing (the “Borrower”), and is expected to be initially operated by Eden Housing or another entity selected by
the Borrower; and
WHEREAS, to assist in financing the Development, the County intends to sell and issue not to exceed $21,000,000 principal
amount of its multifamily housing revenue bonds (the “Bonds”) and to loan the proceeds of the Bonds to the Borrower, thereby
assisting in providing housing for low income persons; and
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the issuance of the
Bonds by the County must be approved by an applicable elected representative body with respect to the Development following
the conduct of a public hearing on the proposed financing; and
WHEREAS, the Board of Supervisors of the County of Contra Costa (the “Board”), is the elected legislative body of the County
and is one of the applicable elected representatives authorized to approve the issuance of the Bonds under Section 147(f) of the
Code; and
WHEREAS, pursuant to Section 147(f) of the Code, the Community Development Bond Program Manager of the County has,
following notice duly given, held a public hearing regarding the financing of the Development and the issuance of the Bonds, and
a summary of any oral or written testimony received at the public hearing has been presented to the Board of Supervisors for its
consideration; and
WHEREAS, the Board now desires to approve the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows:
Section 1. The Board hereby finds and declares that the foregoing recitals are true and correct.
Section 2. For purposes of Section 147(f) of the Code, the Board hereby authorizes the issuance of Bonds by the County to
provide financing for costs of the Development. The sale and delivery of the Bonds shall be subject to the approval by the Board
of all documents related to the Bonds to which the County is a party.
Section 3. The adoption of this Resolution does not (i) relieve or exempt the Borrower from obtaining any permits or approvals
that are required by, or determined to be necessary from, the County in connection with the Development, nor (ii) obligate the
County to incur any obligation or provide financial assistance with respect to the Bonds or the Development.
4
1
March 29, 2016 Contra Costa County BOS Official Minutes 1081
Section 4. All actions heretofore taken by the officers and agents of the County with respect to the financing of the Development
and the sale and issuance of Bonds are hereby approved, ratified and confirmed, and any authorized officer of the County is
hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all
actions and execute and deliver any and all certificates, agreements and other documents, which any such officer may deem
necessary or advisable in order to effectuate the purposes of this Resolution.
Section 5. This Resolution shall take effect upon its adoption.
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
March 29, 2016 Contra Costa County BOS Official Minutes 1082
RECOMMENDATION(S):
ACCEPT the February 2016 update of the operations of the Employment and Human Services Department,
Community Services Bureau, as recommended by the Employment and Human Services Department Director.
FISCAL IMPACT:
None
BACKGROUND:
The Employment and Human Services Department submits a monthly report to the Contra Costa County Board of
Supervisors (BOS) to ensure ongoing communications and updates to the County Administrator and BOS regarding
any and all issues pertaining to the Head Start Program and Community Services Bureau.
CONSEQUENCE OF NEGATIVE ACTION:
Not applicable.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 99
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Operations Update of the Employment and Human Services Department, Community Services Bureau
March 29, 2016 Contra Costa County BOS Official Minutes 1083
ATTACHMENTS
CSB Feb 2016 CAO Report
CSB Feb 2016 HS Fiscal Report
CSB Feb 2016 EHS Fiscal Report
CSB Feb 2016 CC Partnership
Report
CSB Feb 2016 CACFP Report
CSB Feb 2016 Credit Card
CSB Feb 2016 LIHEAP
CSB Feb 2016 Menu
March 29, 2016 Contra Costa County BOS Official Minutes 1084
Camilla Rand, M.S.
Director
1470 Civic Court, Suite 200
Concord, CA 94520
Tel 925 681 6300
Fax 925 313 8301
www.cccounty.us/ehsd
To: David Twa, Contra Costa County Administrator
From: Kathy Gallagher, EHSD Director
Subject: Community Services Monthly Report
Date: February 2016
I. Good News Update/Accomplishments:
CSB Director, Camilla Rand, and several managers, site supervisors and teaching
staff attended the California Head Start Association’s (CHSA) Annual conference
the week of February 22, 2016. Participants received updates from CHSA’s
director and had the opportunity to attend several education workshops and
exhibit halls, which provided developmentally appropriate practices, taught
critical new skills, broadened one’s awareness and disseminated valuable
resources that related to children ages zero to five.
On February 3, Katharine Mason, along with CSB’s Mental Health & Disabilities
Manager, Ana Araujo, and representatives from First 5, Zero Tolerance for
Domestic Violence, and the Health Department attended a workshop in San
Francisco to Create Trauma-Informed Communities. Government and
community leaders from around California shared strategies and learning
around preventing and responding to violence incorporating trauma-informed
care. CSB will continue working closely with our local collaborative group to
strengthen and expand trauma-informed prevention and intervention in Contra
Costa.
CSB hired two consultants to resume Practice Based Coaching (PBC), a cyclical
process for supporting teachers’ use of effective teaching practices that lead to
positive outcomes for children. PBC will implement the Teacher Learning &
Collaborating (TLC) approach, designs to assist teachers in their professional
growth and development by enhancing and identifying individual practices and
goals, meetings in small and safe peer groups, exchanging positive feedback
with each other, and experiencing constructive self-reflection.
On February 12, CSB participated in the annual and nationally recognized Give
Kids a Smile Day promoting oral health care for children. Community Services
Bureau collaborated with the Contra Costa Dental Society, six local dentists and
fifteen Diablo Valley College (DVC) Dental Program students to provide dental
checkups at six sites, to 483 Head Start preschool children. Each child received a
visual dental exam and fluoride varnish application. DVC students also provided
oral health education to parents, children and staff. A huge thank you to all of
CSB’s staff who helped make this day successful. A special thank you to the
ongoing support of Patricia Conley and the Contra Costa Dental Society, the
amazing volunteer dentists and our great dental student partners from DVC!
What a successful event!
Deborah Polk and team from REadingADvantage, Inc. provided an interactive
training on February 17, 2016 at CSB’s parent Policy Council meeting. The
March 29, 2016 Contra Costa County BOS Official Minutes 1085
2
training focused on the magic of reading for 20 minutes a day and how this
correlates with school success. Tips for reading to children at birth through eight
years of age were shared. Each participating family received a folder with
reading resources and guidance along with a free book to take home and read
with their children.
On Saturday, March 5, John Heath, Executive Director of California Community
Action Partnership Association, and Sylmia Britt, Deputy Director of California
Department of Community Services and Development, will be training CSB’s
Economic Opportunity Council on their roles and responsibilities in relation to
the Community Action Program and oversight of the Community Services Block
Grant funds.
Comprehensive Services staff and site supervisors are participating in this
month’s Asthma training provided by Debi Marsee, CSB Comprehensive Services
Manager (CSM), at various locations. This training is provided to staff to
support their ability to look for the signs/symptoms of children who may have
asthma, to learn about documentation that needs to be completed by the
child’s parent and child’s doctor, administration of the medication if applicable,
and conducting case managements as needed.
II. Status Updates:
a. Caseloads, workload (all programs)
Head Start enrollment: 94.44 % (Enrollment is low due to families taking extended leave
during the holidays resulting in drops and a lack of eligible 4 year olds on the wait list)
Early Head Start enrollment: 101.04%
Head Start Average Daily Attendance for December: 82.7% (The majority of
absences are due to child illnesses, i.e., cold, flu, fever, etc.)
Early Head Start Average Daily Attendance for December: 87.2% (The
Majority of absences are due to mother and child illnesses, and doctor appointments)
Stage 2: 356 families and 570 children
CAPP: 78 families and 111 children
In total: 434 families and 681 children
Incoming transfers from Stage 1: 28 families and 45 children
LIHEAP: 189 households have been assisted
Weatherization: 20 units
b. Staffing:
o During the month of January the Bureau conducted filling vacant
positions within various classifications. Interviews were conducted and
the Bureau hired an Intermediate Clerk-Project, a Clerk Experienced
Level, a Teacher –Project, a Site Supervisor II –Project and a
Comprehensive Services Assistant Manager-Project.
c. Legal/lawsuits
N/A
March 29, 2016 Contra Costa County BOS Official Minutes 1086
3
d. Union Issues:
o A Step 2 Grievance has been scheduled with PEU Local 1 on behalf of an
employee requesting to be paid for performance in a higher
classification. In addition, a former CSB employee withdrew his Appeal
from rejection on probation to the Merit Board and his hearing
scheduled on March 3, 2016 was canceled.
III. Hot Topics/Concerns/Issues:
CSB is working closely with Supervisor Gioia’s office, Public Health Dept., Public
Works, parents and other community organizations to ensure the safety of
children and staff at our Brookside facility as environmental health testing
resumes on this County property as directed by the State’s Water Board. Air
Quality tests will be conducted the weekend of March 4 to ensure that no off-
gassing from the old gas pipes in the area of leaked into the building.
The Community Action Program will receive a full review by the state this year,
sometime between April and October. New to the review process are a set of 56
organizational standards against which the program will be evaluated. The state
has informed agencies that the organizational standard portion of the review
will not be conducted on-site, but instead in the form of a desk audit. CSB has
submitted its self-assessment of its compliance with these standards and poised
to be successful with this audit.
IV. Emerging Issues/New Challenges:
Several pieces of legislation that will or have impacted CSB have been
introduced:
o Assembly Bill No. 1897 was introduced in the State Assembly last week,
if passed it will require CDSS, Community Care Licensing to, in
consultation with community stakeholders, adopt regulations on or
before January 1, 2018, to develop and implement a birth to five
license option for child care centers.. This will alleviate CSB having
multiple licenses at our childcare centers where we serve children in
differing age groups.
o Senate Bill No. 277 relates to vaccinations, which was signed by the
Governor in 2015 and took effect January 1, 2016. This bill would
eliminate the exemption from existing specified immunization
requirements for children based upon personal beliefs, but would allow
exemption from future immunization requirements deemed
appropriate by the State Department of Public Health for either medical
reasons or personal beliefs. This bill has no fiscal implication to our
department/Bureau.
o Senate Bill No. 792 relates to Day Care Facilities:
Immunizations/Exemptions will take effect on September 1, 2016. This
bill would prohibit a person from being employed or volunteering at a
March 29, 2016 Contra Costa County BOS Official Minutes 1087
4
day care center or a family day care home if he or she has not been
immunized against influenza, pertussis, and measles. This bill has
limited provision of exemptions under certain circumstances. The
implications to our department/Bureau is that we will need to ensure
that all our employees and childcare center volunteers are immunized
and we will maintain documentation of such, as set forth in this bill, in
the employee’s personnel record. The immunization records of the
childcare center volunteers will also be maintained by the Bureau.
o The National Community Action Foundation (NCAF) reports that
Community Services Block Grant (CSBG) reauthorization is underway
and currently has 85 co-sponsors; a total of 125 co-sponsors are needed
(a majority of Republicans) for it to pass. NCAF is conducting hill visits to
generate excitement and support, with hopes of getting it passed this
year. Reauthorization in the form of H.R. 1655 is positive in that is
supports funding at current levels with no cuts and with 90% of the
funding placed under local direction. A major concern with H.R. 1655 is
that is establishes a preference for private non-profit local agencies as
opposed to local governments in future designations of sub-grantees by
the state.
cc: Policy Council Chair
Family & Human Services Committee
Maureen Burns Vermette, ACF
March 29, 2016 Contra Costa County BOS Official Minutes 1088
5
March 29, 2016 Contra Costa County BOS Official Minutes 1089
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 287,030$ 3,874,284$ 3,587,254$ 7%
b. FRINGE BENEFITS 168,620 2,680,138 2,511,518 6%
c. TRAVEL - - - 0%
d. EQUIPMENT - - - 0%
e. SUPPLIES 2,511 294,639 292,128 1%
f. CONTRACTUAL 3,674 6,466,986 6,463,312 0%
g. CONSTRUCTION - - - 0%
h. OTHER 19,386 1,571,708 1,552,322 1%
I. TOTAL DIRECT CHARGES 481,221$ 14,887,755$ 14,406,534$ 3%
j. INDIRECT COSTS - 801,975 801,975 0%
k. TOTAL-ALL BUDGET CATEGORIES 481,221$ 15,689,730$ 15,208,509$ 3%
In-Kind (Non-Federal Share)-$ -$ -$ #DIV/0!
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2016 HEAD START PROGRAM
January 2016 Expenditures
March 29, 2016 Contra Costa County BOS Official Minutes 1090
1 2 3 4 5 6
Actual Total YTD Total Remaining %
Jan-16 Actual Budget Budget YTD
a. Salaries & Wages (Object Class 6a)
Permanent 1011 234,558 234,558 3,318,309 3,083,751 7%
Temporary 1013 52,472 52,472 555,975 503,503 9%
a. PERSONNEL (Object class 6a)287,030 287,030 3,874,284 3,587,254 7%
b. FRINGE BENEFITS (Object Class 6b)- - -
Fringe Benefits 168,620 168,620 2,680,138 2,511,518 168,620
b. FRINGE (Object Class 6b)168,620 168,620 2,680,138 2,511,518 168,620
e. SUPPLIES (Object Class 6e)- - -
1. Office Supplies 1,374 1,374 70,620 69,246 2%
2. Child and Family Services Supplies (Includesclassroom Supplies)782 782 15,000 14,218 5%
Computer Supplies, Software Upgrades, Computer Replacement - - 186,370 186,370 0%
Health/Safety Supplies 355 355 4,237 3,882 8%
Mental helath/Diasabilities Supplies - - 2,128 2,128 0%
Miscellaneous Supplies - - 13,955 13,955 0%
Household Supplies - - 2,329 2,329 0%
TOTAL SUPPLIES (6e)2,511 2,511 294,639 292,128 1%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- - 62,182 62,182 0%
2. Health/Disabilities Services - - - -
Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- - (254,816) (254,816) 0%
Health Consultant 3,674 3,674 44,800 41,126 8%
5. Training & Technical Assistance - PA11 -
Interaction - - 1,500 1,500 0%
Diane Godard ($50,000/2)- - 5,700 5,700 0%
Josephine Lee ($35,000/2)- - 9,700 9,700 0%
Susan Cooke ($60,000/2)- - - -
7. Delegate Agency Costs -
First Baptist Church Head Start PA22 - - 2,044,356 2,044,356 0%
First Baptist Church Head Start PA20 - - 8,000 8,000 0%
8. Other Contracts -
FB-Fairgrounds Partnership (Wrap)- - 74,823 74,823 0%
FB-Fairgrounds Partnership - - 183,600 183,600 0%
FB-E. Leland/Mercy Housing Partnership - - 54,000 54,000 0%
Martinez ECC (18 HS slots x $225/mo x 12/mo)- - 108,000 108,000 0%
Little Angels Country School - - 37,565 37,565 0%
YMCA of the East Bay (20 HS slots x $225/mo x 12/mo) - - 54,000 54,000 0%
Child Outcome Planning and Administration (COPA/Nulinx)- - 19,625 19,625 0%
Enhancement/wrap-around HS slots with State CD Program - - 4,013,951 4,013,951 0%
f. CONTRACTUAL (Object Class 6f)3,674 3,674 6,466,986 6,463,312 0%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases 2,855 2,855 312,000 309,145 1%
(Rents & Leases/Other Income)- - - -
4. Utilities, Telephone 8,750 8,750 226,670 217,920 4%
5. Building and Child Liability Insurance - - 3,300 3,300 0%
6. Bldg. Maintenance/Repair and Other Occupancy 1,263 1,263 65,000 63,737 2%
7. Incidental Alterations/Renovations - - - -
8. Local Travel (55.5 cents per mile effective 1/1/2012)88 88 43,410 43,322 0%
9. Nutrition Services -
Child Nutrition Costs - - 493,500 493,500 0%
(CCFP & USDA Reimbursements)- - (281,660) (281,660) 0%
13. Parent Services -
Parent Conference Registration - PA11 - - 4,400 4,400 0%
Parent Resources (Parenting Books, Videos, etc.) - PA11 - - 3,100 3,100 0%
PC Orientation, Trainings, Materials & Translation - PA11 72 72 7,000 6,928 1%
Policy Council Activities - - 2,900 2,900 0%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - 7,100 7,100 0%
Child Care/Mileage Reimbursement - - 11,500 11,500 0%
14. Accounting & Legal Services - - - -
Audit - - - -
Legal (County Counsel)- - - -
Auditor Controllers 1,256 1,256 3,600 2,344 35%
Data Processing/Other Services & Supplies - - 29,500 29,500 0%
15. Publications/Advertising/Printing - - - -
Outreach/Printing - - 600 600 0%
Recruitment Advertising (Newspaper, Brochures)962 962 1,100 138 87%
16. Training or Staff Development -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)175 175 13,500 13,325 1%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - - 9,700 9,700 0%
17. Other - - 11,098 11,098 0%
Site Security Guards - - 44,900 44,900 0%
Dental/Medical Services - - 500 500 0%
Vehicle Operating/Maintenance & Repair - - 137,000 137,000 0%
Equipment Maintenance Repair & Rental 3,125 3,125 57,000 53,875 5%
Dept. of Health and Human Services-data Base (CORD)839 839 10,200 9,361 8%
Other Operating Expenses (Facs Admin/Other admin)- - 354,790 354,790 0%
Other Departmental Expenses - - - -
h. OTHER (6h)19,386 19,386 1,571,708 1,552,322 1%
I. TOTAL DIRECT CHARGES (6a-6h)481,221 481,221 14,887,755 14,406,534 3%
j. INDIRECT COSTS - - 801,975 801,975 0%
k. TOTALS (ALL BUDGET CATEGORIES)481,221 481,221 15,689,730 15,208,509 3%
Non-Federal match (In-Kind)- - - -
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2016 HEAD START PROGRAM
January 2016 Expenditures
March 29, 2016 Contra Costa County BOS Official Minutes 1091
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 44,136$ 551,705$ 507,569$ 8%
b. FRINGE BENEFITS 25,117 377,472 352,355 7%
c. TRAVEL - - - 0%
d. EQUIPMENT - - - 0%
e. SUPPLIES - 25,000 25,000 0%
f. CONTRACTUAL 1,574 2,280,836 2,279,262 0%
g. CONSTRUCTION - 0%
h. OTHER - 94,618 94,618 0%
I. TOTAL DIRECT CHARGES 70,827$ 3,329,631$ 3,258,804$ 2%
j. INDIRECT COSTS - 114,203 114,203 0%
k. TOTAL-ALL BUDGET CATEGORIES 70,827$ 3,443,834$ 3,373,007$ 2%
In-Kind (Non-Federal Share)-$ 860,958$ 860,958$ 0%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2016 EARLY HEAD START PROGRAM
Enero 2016 Expenditures
March 29, 2016 Contra Costa County BOS Official Minutes 1092
1 2 3 4 5 6
Actual Total YTD Total Remaining %
Jan-16 Actual Budget Budget YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 38,459 38,459 466,356 427,897 8%
Temporary 1013 5,677 5,677 85,349 79,672 7%
a. PERSONNEL (Object class 6a)44,136 44,136 551,705 507,569 8%
b. FRINGE BENEFITS (Object Class 6b)
Fringe Benefits 25,117 25,117 377,472 352,355 7%
b. FRINGE (Object Class 6b)25,117 25,117 377,472 352,355 7%
e. SUPPLIES (Object Class 6e)
1. Office Supplies - - 2,600 2,600 0%
2. Child and Family Serv. Supplies/classroom Supplies - - 10,700 10,700 0%
4. Other Supplies - - -
Transition Supplies - - - -
Computer Supplies, Software Upgrades, Comp Replacemnt - - 9,700 9,700 0%
Health/Safety Supplies - - 100 100 0%
Mental helath/Diasabilities Supplies - - - -
Miscellaneous Supplies - - 1,700 1,700 0%
Emergency Supplies - - - -
Employee Morale - - - -
Household Supplies - - 200 200 0%
e. SUPPLIES (Object Class 6e)- - 25,000 25,000 0%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs ( Legal, Accounting, Temporary Contracts)- - 10,100 10,100 0%
2. Health/Disabilities Services - - -
Health Consultant 1,574 1,574 19,200 17,626 8%
Other Health/Dental Services Costs - - - -
5. Training & Technical Assistance - PA11
Interaction - - 1,500 1,500 0%
Josephine Lee ($35,000/2)- - 8,300 8,300 0%
Susan Cooke ($60,000/2)- - 8,000 8,000 0%
8. Other Contracts
FB-Fairgrounds Partnership - - 58,800 58,800 0%
FB-E. Leland/Mercy Housing Partnership - - 67,200 67,200 0%
Apiranet - - 283,200 283,200
Brighter Beginnings - - 96,000 96,000 0%
Cameron School - - 58,800 58,800 0%
Crossroads - - 77,000 77,000 0%
Martinez ECC - - 67,200 67,200 0%
Child Outcome Planning & Admini. (COPA/Nulinx)- - 3,000 3,000 0%
Enhancement/wrap-around HS slots with State CD Prog.- - 1,522,536 1,522,536 0%
f. CONTRACTUAL (Object Class 6f)1,574 1,574 2,280,836 2,279,262 0%
h. OTHER (Object Class 6h)- -
2. Bldg Occupancy Costs/Rents & Leases - - 3,800 3,800 0%
(Rents & Leases/Other Income)- - - -
4. Utilities, Telephone - - 2,300 2,300 0%
5. Building and Child Liability Insurance - - - -
6. Bldg. Maintenance/Repair and Other Occupancy - - 1,700 1,700 0%
8. Local Travel (55.5 cents per mile)- - 7,000 7,000 0%
9. Nutrition Services
(CCFP & USDA Reimbursements)- - - -
13. Parent Services
Parent Conference Registration - PA11 - - 600 600 0%
Parent Resources (Parenting Books, Videos, etc.) - PA11 - - - -
PC Orientation, Trainings, Materials & Translation - PA11 - - 5,238 5,238 0%
Policy Council Activities - - 3,000 3,000 0%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - 3,200 3,200 0%
Child Care/Mileage Reimbursement - - 1,900 1,900 0%
14. Accounting & Legal Services
Data Processing/Other Services & Supplies - - 2,900 2,900 0%
15. Publications/Advertising/Printing
Recruitment Advertising (Newspaper, Brochures)- - 100 100 0%
16. Training or Staff Development
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- - 9,000 9,000 0%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - - 31,106 31,106 0%
17. Other
Site Security Guards - - 2,000 2,000 0%
Vehicle Operating/Maintenance & Repair - - 9,600 9,600 0%
Equipment Maintenance Repair & Rental - - 2,800 2,800 0%
Dept. of Health and Human Services-data Base (CORD)- - - -
Other Operating Expenses (Facs Admin/Other admin)- - 8,374 8,374 0%
Other Departmental Expenses - - - -
h. OTHER (6h)- - 94,618 94,618 0%
I. TOTAL DIRECT CHARGES (6a-6h)70,827 70,827 3,329,631 3,258,804 2%
j. INDIRECT COSTS - - 114,203 114,203 0%
k. TOTALS - ALL BUDGET CATEGORIES 70,827 70,827 3,443,834 3,373,007 2%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2016 EARLY HEAD START PROGRAM
Enero 2016 Expenditures
March 29, 2016 Contra Costa County BOS Official Minutes 1093
1 2 3 4 5 6
Actual Total YTD Total Remaining %
Jan-16 Actual Budget Budget YTD
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2016 EARLY HEAD START PROGRAM
Enero 2016 Expenditures
Non-Federal Match (In-Kind)- - 860,958 860,958 0%
March 29, 2016 Contra Costa County BOS Official Minutes 1094
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 348,853$ 416,766$ 67,913$ 84%
b. FRINGE BENEFITS 208,680 328,828 120,148 63%
c. TRAVEL - - - 0%
d. EQUIPMENT - 0%
e. SUPPLIES 3,509 16,200 12,691 22%
f. CONTRACTUAL 90,010 623,797 533,787 14%
g. CONSTRUCTION - 0%
h. OTHER 143,412 359,483 216,071 40%
I. TOTAL DIRECT CHARGES 794,464$ 1,745,074$ 950,610$ 46%
j. INDIRECT COSTS 76,378 86,270 9,892 89%
k. TOTAL-ALL BUDGET CATEGORIES 870,841$ 1,831,344$ 960,503$ 48%
In-Kind (Non-Federal Share)39,000$ 457,836$ 418,836$ 9%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
Jan 2015 - June 2016 EARLY HEAD START - CC PARTNERSHIP
January 2016 Expenditures
March 29, 2016 Contra Costa County BOS Official Minutes 1095
1 2 3 4 5 6 7 8 9 10
Jan-15 Apr-15 Jul-15 Oct-15
thru thru thru thru Actual Total YTD Total Remaining %
Mar-15 Jun-15 Sep-15 Dec-15 Jan-16 Actual Budget Budget YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 4,789 51,874 97,532 167,911 61,215 322,108 396,766 74,658 81%
Temporary 1013 - - 6,419 20,327 3,175 26,746 20,000 (6,746) 134%
a. PERSONNEL (Object class 6a)4,789 51,874 103,951 188,238 64,390 348,853 416,766 67,913 84%
b. FRINGE BENEFITS (Object Class 6b)- -
Fringe Benefits 3,402 31,034 60,212 114,032 40,446 208,680 328,828 120,148 63%
b. FRINGE (Object Class 6b)3,402 31,034 60,212 114,032 40,446 208,680 328,828 120,148 63%
c. TRAVEL (Object Class 6c)- - - - - - - - 0%
e. SUPPLIES (Object Class 6e)
1. Office Supplies - 26 - 832 - 858 1,800 942 48%
2. Child and Family Serv. Supplies/classroom Supplies - - - - - - 3,600 3,600 0%
4. Other Supplies - - - - -
Computer Supplies, Software Upgrades, Comp Replacemnt - - - 916 - 916 8,600 7,684 11%
Health/Safety Supplies - - - 773 - 773 1,000 228 0%
Mental helath/Diasabilities Supplies - - - - - - - - 0%
Miscellaneous Supplies - - 323 552 - 875 1,200 325 73%
Household Supplies - - - 87 - 87 - (87) 0%
e. SUPPLIES (Object Class 6e)- 26 323 3,161 - 3,509 16,200 12,691 22%
f. CONTRACTUAL (Object Class 6f)-
1. Adm Svcs ( Legal, Accounting, Temporary Contracts)- - - 425 - 425 12,000 11,575 4%
Health Consultant - - - - - - 4,300 4,300 0%
8. Other Contracts - - - - - 0%
FB-Fairgrounds Partnership - - 29,217 24,000 - 53,217 497,497 444,280 11%
FB-E. Leland/Mercy Housing Partnership - - - 36,000 9,000 36,000 109,500 73,500 33%
Brighter Beginnings - - - 368 - 368 500 132 0%
f. CONTRACTUAL (Object Class 6f)- - 29,217 60,793 9,000 90,010 623,797 533,787 14%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases - - - 590 - 590 1,000 410 0%
4. Utilities, Telephone - 88 - 1,004 - 1,091 14,552 13,461 7%
5. Building and Child Liability Insurance - 222 - - - 222 300 78 0%
6. Bldg. Maintenance/Repair and Other Occupancy - - - 17 - 17 - (17) 0%
8. Local Travel (54 cents per mile)- 301 292 204 18 796 10,200 9,404 8%
14. Accounting & Legal Services - - - - -
Audit - - - - - - 1,800 1,800 0%
Legal (County Counsel)- - - - - - 2,000 2,000 0%
Auditor Controllers - - - - - - 2,600 2,600 0%
Data Processing/Other Services & Supplies - - - 646 - 646 4,000 3,354 16%
16. Training or Staff Development - - - - -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- - - - - - - - 0%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - - 75 7,458 - 7,533 142,831 135,298 5%
17. Other - - - - -
Start-Up Expenses-Child Care Council(org.# 2479)- 78,888 - 37,112 - 116,000 116,000 - 100%
Start-Up Expenses-First Baptist (org.# 2479)- - - 5,500 - 5,500 5,500 - 100%
Vehicle Operating/Maintenance & Repair - - - - - - 5,400 5,400 0%
Equipment Maintenance Repair & Rental - - - 1,239 302 1,239 4,500 3,261 28%
Dept. of Health and Human Services-data Base (CORD)- - - - - - - - 0%
Other Operating Expenses (Facs Admin/Other admin)- 300 4,672 2,222 520 7,195 31,200 24,005 23%
County Indirect Cost (A-87)- - 5,876 (3,295) 2,596 2,581 15,600 13,019 0%
h. OTHER (6h)- 79,799 10,916 52,697 3,436 143,412 359,483 216,071 40%
I. TOTAL DIRECT CHARGES (6a-6h)8,191 162,732 204,619 418,921 117,272 794,464 1,745,074 950,610 46%
j. INDIRECT COSTS - 9,279 13,721 53,378 14,503 76,378 86,270 9,892 89%
k. TOTALS - ALL BUDGET CATEGORIES 8,191 172,011 218,340 472,299 131,775 870,841 1,831,344 960,503 48%
Non-Federal Match (In-Kind)- - - 39,000 4,000 39,000 457,836 418,836 9%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
Jan 2015 - June 2016 EARLY HEAD START - CC PARTNERSHIP
January 2016 Expenditures
March 29, 2016 Contra Costa County BOS Official Minutes 1096
2016
Month covered January
Approved sites operated this month 15
Number of days meals served this month 19
Average daily participation 852
Child Care Center Meals Served:
Breakfast 12,078
Lunch 16,179
Supplements 9,747
Total Number of Meals Served 38,004
fldr/fn:2016 CAO Monthly Reports
FY 2015-2016
EMPLOYMENT & HUMAN SERVICES DEPARTMENT
COMMUNITY SERVICES BUREAU
CHILD NUTRITION FOOD SERVICES
CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED
March 29, 2016 Contra Costa County BOS Official Minutes 1097
A - 4Authorized Users
C. Rand, Bureau Dir
Month: January 2016 K. Mason, Div Mgr
C. Reich, Div Mgr
Credit Card: Visa/U.S. Bank C. Johnson, AD
J. Rowley, AD
P. Arrington, AD
R. Radeva, PSA III
S. Kim, Interim Div Mgr
C. Rand, Bureau Dir
I. Renggenathen
Acct. code Stat. Date Card Account #Amount Program
2303 01/22/16 xxxx4959 449.46 Child Dev Misc Grants
2303 01/22/16 xxxx1907 733.88 Indirect Admin Costs
2303 01/22/16 xxxx2364 927.22 Child Dev Misc Grants
2303 01/22/16 xxxx8798 879.93 Child Dev Misc Grants
2303 01/22/16 xxxx2391 375.00 Child Dev Misc Grants
3,365.49
2467 01/22/16 xxxx1907 505.00 Child Dev Misc Grants
2467 01/22/16 xxxx1907 (35.00) Child Dev Misc Grants
2467 01/22/16 xxxx2364 3,235.00 Child Dev Misc Grants
2467 01/22/16 xxxx3838 104.85 HS Admin Charges
3,809.85
2477 01/22/16 xxxx4959 (6.27) HS Basic Grant
2477 01/22/16 xxxx4959 174.18 HS Basic Grant
2477 01/22/16 xxxx1907 19.01 Los Nogales Site Costs
2477 01/22/16 xxxx1907 40.00 Child Care Svs Program
2477 01/22/16 xxxx3838 437.99 GM III CS
2477 01/22/16 xxxx2391 1,845.07 Child Dev Misc Grants
2477 01/22/16 xxxx0220 325.91 CSB Misc Grants
2,835.89
2490 01/22/16 xxxx1907 70.99 HS Basic Grant
2490 01/22/16 xxxx2423 1,437.63 Child Dev Misc Grants
2490 01/22/16 xxxx0220 672.66 HS Basic Grant
2,181.28
Total 12,192.51
Agency: Community Services Bureau
COMMUNITY SERVICES BUREAU
SUMMARY CREDIT CARD EXPENDITURE
C:\DOCUME~1\DESTIN~1\LOCALS~1\Temp\BCL Technologies\easyPDF 7\@BCL@8011EC89\@BCL@8011EC89.xlsxMarch 29, 2016 Contra Costa County BOS Official Minutes 1098
A - 4
xxxx8798
xxxx2364
xxxx4959
xxxx0220
xxxx2391
xxxx3838
xxxx1899
xxxx1907
xxxx5045
xxxx2423
Purpose/Description
Other Travel Employees
Other Travel Employees
Other Travel Employees
Other Travel Employees
Other Travel Employees
Training & Registration
Training & Registration
Training & Registration
Training & Registration
Educational Supplies
Educational Supplies
Educational Supplies
Educational Supplies
Educational Supplies
Educational Supplies
Educational Supplies
Misc Services/Supplies
Misc Services/Supplies
Misc Services/Supplies
C:\DOCUME~1\DESTIN~1\LOCALS~1\Temp\BCL Technologies\easyPDF 7\@BCL@8011EC89\@BCL@8011EC89.xlsxMarch 29, 2016 Contra Costa County BOS Official Minutes 1099
CAO Monthly Report
CSBG and Weatherization Programs
Year-to-Date Expenditures
As of January 31, 2016
1. 2015 LIHEAP WX
Contract # 15B-3005
Term: Jan. 1, 2015 - Sept. 30, 2016
Amount: WX $ 1,204,143
Total Contract 1,204,143$
Expenditures (877,484)
Balance 326,659$
Expended 73%
2. 2015 LIHEAP ECIP/EHA 16
Contract # 15B-3005
Term: Jan. 1, 2015 - Sept. 30, 2016
Amount: EHA 16 $ 1,018,161
Total Contract 1,018,161$
Expenditures (946,012)
Balance 72,149$
Expended 93%
3. 2015 LIWP (LOW INCOME WX)
Contract # 15K-6003
Term: Jan 1, 2015 - Jan 31, 2017
Amount: $ 537,538
Total Contract 537,538$
Expenditures (129,437)
Balance 408,101$
Expended 24%
4. 2015 COMMUNITY SERVICES BLOCK GRANT (CSBG)
Contract # 15F-2007
Term: Jan. 1, 2015 - December 31, 2015
Amount: $ 797,709
Total Contract 797,709$
Expenditures (694,561)
Balance 103,148$
Expended 87%
fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 1-2016
March 29, 2016 Contra Costa County BOS Official Minutes 1100
February 2016 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
1
BREAKFAST
CORN CHEX CEREAL
FRESH APPLE
LUNCH - NUTRITION EXPERIENCE
BAJA BEAN WRAP
(refried beans & chunky salsa)
SHREDDED CHEESE
JICAMA WITH CHILI
FRESH KIWI
CORN TORTILLA
PM SNACK
GRAHAM CRACKERS
1% LOW-FAT MILK
2
BREAKFAST
RICE CHEX CEREAL
FRESH ORANGE
LUNCH
*BEEF VEGETABLE STEW
(stew meat, potatoes, carrots, & green peas)
FRESH PEAR
WHOLE GRAIN DINNER ROLL
PM SNACK – NUTRITION EXPERIENCE
ANTS ON A LOG
(fresh celery, sunbutter & raisins)
1% LOW-FAT MILK
3
BREAKFAST - NUTRITION EXPERIENCE
WHOLE WHEAT BAGEL
LOW-FAT CREAM CHEESE
PINEAPPLE CUBES
LUNCH
WHITE CHICKEN CHILI
(diced chicken, white beans, tomatoes, cheese & lite
sour cream)
FRESH APPLE
WHEAT CRACKERS
PM SNACK
FRESH BANANA
1% LOW-FAT MILK
4
BREAKFAST
WHOLE WHEAT CINNAMON TOAST
FRESH KIWI
LUNCH
CUBAN BLACK BEANS
BABY GREENS & VINAIGRETTE DRESSING
FRESH ORANGE
BROWN RICE
PM SNACK – NUTRITION EXPERIENCE
HONEY WHOLE WHEAT BREADSTICK
PIZZA SAUCE FOR DIPPING
1% LOW-FAT MILK
5
BREAKFAST
CHEERIOS
FRESH BANANA
LUNCH
*HAWAIIAN CHICKEN WRAP
(diced chicken, broccoli, carrots, pineapple, &
spinach)
FRESH PEAR
WHOLE GRAIN TORTILLA
PM SNACK
HOMEMADE BLUEBERRY BREAD SQUARE
1% LOW-FAT MILK
8
BREAKFAST
KIX CEREAL
FRESH RED APPLE
LUNCH
HARD BOILED EGG
ORIENTAL STIR-FRY VEGETABLES OVER
WHOLE WHEAT SPAGHETTI NOODLES
FRESH MANDARIN ORANGE
PM SNACK
WHOLE GRAIN DINO GRAHAM CRACKERS
1% LOW-FAT MILK
9
BREAKFAST
CORNFLAKES
FRESH BANANA
LUNCH
*JAMMIN JAMBALYA
(diced chicken, brown rice, tomatoes, bell peppers,
celery, onion, & okra)
FRESH PEAR
PM SNACK
PINEAPPLE TIDBITS
COTTAGE CHEESE
10 BREAKFAST
CHEESE TOAST
FRESH KIWI
LUNCH
BLACKE EYE PEAS
SPINACH SALAD WITH ITALIAN DRESSING
FRESH ORANGE
HOMEMADE WHOLE GRAIN CORNBREAD SQUARE
PM SNACK – NUTRITION EXPERIENCE
BABY CARROTS & CUCUMBER STICKS
VEGETABLE DRESSING
1% LOW-FAT MILK
11 BREAKFAST
HOMEMADE WHOLE GRAIN OVEN BAKED PANCAKE
UNSWEETEND APPLESAUCE
LUNCH
TURKEY ENCHILADA CASSEROLE WITH
CORN TORTILLAS
CHOPPED ROMAINE SALAD WITH VINAIGRETTE
FRESH PEAR
PM SNACK
COWBOY QUINOA SALAD
(“KEEN-WAH”)
1% LOW-FAT MILK
12 BREAKFAST
CORN CHEX CEREAL
FRESH BANANA
LUNCH
CHICKEN SALAD
LIGHTLY STEAMED BROCCOLI FLORETS
LOW-FAT RANCH DRESSING
MANGO CHUNKS
WHOLE WHEAT BREAD
PM SNACK
HOMEMADE BANANA BREAD SQUARE
1% LOW-FAT MILK
15
16
BREAKFAST
RICE CHEX CEREAL
FRESH PEAR
LUNCH – NUTRITION EXPERIENCE
SUNBUTTER & JELLY
STRING CHEESE
BABY CARROTS (No dressing)
FRESH APPLE
WHOLE WHEAT BREAD
PM SNACK
LEMON GRAHAM CRACKERS
1% LOW-FAT MILK
17
BREAKFAST
CORNFLAKE CEREAL
FRESH BANANA
LUNCH
GROUND TURKEY & SPANISH RICE
TOSSED GREEN SALAD
ITALIAN DRESSING
FRESH ORANGE
PM SNACK
FRIENDS TRAIL MIX
(kix, cheerios, corn chex, raisins, pretzels, &
dried apricots)
1% LOW-FAT MILK
18
BREAKFAST - NUTRITION EXPERIENCE
ENGLISH MUFFIN WITH SUNBUTTER
MANGO CHUNKS
LUNCH
*BEAN SOUP
(navy beans, celery, carrots & tomato paste)
FRESH PEAR
HOMEMADE CORNBREAD SQUARE
PM SNACK – NUTRITION EXPERIENCE
WHEAT CRACKERS
HUMMUS
1% LOW-FAT MILK
19 BREAKFAST - NUTRITION EXPERIENCE
BREAKFAST BURRITO
(scrambled eggs & salsa)
SPROUTED WHEAT TORTILLA
FRESH KIWI
LUNCH - NUTRITION EXPERIENCE
*KANGAROO POCKET
(sliced turkey, spinach leaves, shredded carrots, &
cheese)
LOW-FAT RANCH DRESSING
FRESH MANDARIN ORANGE
PITA BREAD
PM SNACKS
HOMEMADE BREAD PUDDING WITH RAISINS
1% LOW-FAT MILK
22 BREAKFAST
RICE CHEX CEREAL
FRESH APPLE
LUNCH – NUTRITION EXPERIENCE
CHILI SANS CARNE
(pinto beans, tomatoes, bell pepper
soy sauce & onion)
SPINACH WITH SHREDDED CARROTS
ITALIAN DRESSING
FRESH MANDARIN
WHOLE GRAIN CRACKERS
PM SNACK
ANIMAL CRACKERS
1% LOW-FAT MILK
23
BREAKFAST
CHEERIOS
FRESH BANANA
LUNCH
CHICKEN CHILAQUILES WITH
CORN TORTILLAS
CHOPPED ROMAINE SALAD BLENDS
BASLAMIC VINAIGRETTE
FRESH PEAR
PM SNACK – NUTRITION EXPERIENCE
BUTTERFLIES
(celery, pretzels & low-fat cream cheese)
1% LOW-FAT MILK
24 BREAKFAST – NUTRITION EXPERIENCE
WHOLE WHEAT BAGEL
SUNBUTTER
FRESH KIWI
LUNCH – NUTRITION EXPERIENCE
VEGETARIAN SLOPPY JOE
(black beans, bell peppers, onions & tomatoes)
JICMA WITH CHILI
FRESH APPLE
HAMBURGER BUN
PM SNACK - NUTRITION EXPERIENCE
CUCUMBER SLICES & BABY CARROTS
VEGETABLE DRESSING
1% LOW-FAT MILK
25
BREAKFAST
WHOLE WHEAT CINNAMON BREAD
PINEAPPLE CHUNKS
LUNCH
CHICKEN RAGU WITH GRATED PARMESIAN
CHEESE & WHOLE WHEAT SPAGHETTI
RAINBOW COLESLAW (no cheese)
FRESH PEAR
PM SNACK
HOMEMADE SWEET POTATO BREAD SQUARE
1% LOW-FAT MILK
26
BREAKFAST
BRAN CEREAL
FRESH ORANGE
LUNCH – NUTRITION EXPERIENCE
TURKEY HAM & SWISS CHEESE
MAYO & MUSTARD DRESSING
LETTUCE & TOMATO SLICE
FRESH KIWI
WHOLE WHEAT BREAD
PM SNACK
FRESH BANANA
SUNBUTTER
29
BREAKFAST
CORN CHEX CEREAL
FRESH ORANGE
LUNCH
*VEGETABLE CHILI
(yogurt, kidney beans, tomatoes, bulgur wheat &
cheddar cheese)
FRESH PEAR
WHOLE GRAIN SALTINE CRACKERS
PM SNACK
FRESH APPLE
SUNBUTTER
BLACK HISTORY MONTH
CHINESE NEW YEAR
GIVE A KID A SMILE DAY
MARDI GRAS
PRESIDENTS DAY
SUPER BOWL
VALENTINE’S DAY
ALL BREAKFAST & LUNCH SERVED WITH
1% LOW-FAT MILK
*Indicates vegetable included in main dish
WATER IS OFFERED THROUGHOUT THE DAY
March 29, 2016 Contra Costa County BOS Official Minutes 1101
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to release regulatory
agreements for affordable housing properties owned by Shelter Inc. of Contra Costa County.
FISCAL IMPACT:
No General Fund impact. The County did not provide any funds to Shelter Inc. for these properties.
BACKGROUND:
On June 19, 2001, the Board of Supervisors approved the execution of regulatory agreements for affordable housing
properties owned by Shelter Inc. of Contra Costa County (Shelter Inc.) to ensure that up to 23 residential properties
in the County could receive a welfare exemption from property taxes and ensure that the properties remained
affordable to and occupied by low-income households for a minimum of forty years or upon the sale, transfer, or
conveyance of the property by Shelter Inc. to an unaffiliated third party.
The regulatory agreements were not required by the County. The County did not contribute funding toward these
properties. The regulatory agreements were requested by Shelter Inc. for tax purposes.
Shelter Inc. wishes to sell seven units at Ellis Street Townhomes in Concord to obtain funds for other programs.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C.100
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 29, 2016
Contra
Costa
County
Subject:Reconveyance of Regulatory Agreements for Affordable Housing Properties Owned by Shelter Inc. of Contra Costa
County
March 29, 2016 Contra Costa County BOS Official Minutes 1102
BACKGROUND: (CONT'D)
The sale of each of these properties at market value will yield up to one million dollars in total, which in turn would
give Shelter Inc. the funds to better manage other Shelter Inc. programs and properties. All tenants received 90 days
notice to vacate in December 2015. Three of the units are receiving Mental Health Services Act rental subsidy via
Shelter Inc. and have successfully been relocated to other rental properties in Contra Costa County. The remaining
units have either located another place to live or are in the process of doing so. All units will be vacated by May 2016.
The following Shelter Inc. Ellis Street Townhome Properties are affected:
1. 1591 Ellis Street, #107, Concord
2. 1591 Ellis Street, #119, Concord
3. 1591 Ellis Street, #202, Concord
4. 1591 Ellis Street, #304, Concord
5. 1591 Ellis Street, #316, Concord
6. 1591 Ellis Street, #318, Concord
7. 1591 Ellis Street, #320, Concord
The original board order included a list of 23 residential properties; of that list, only the above seven properties are
currently owned by Shelter Inc. and have a regulatory agreement for affordable housing. As noted previously, the
regulatory agreement provides that affordable housing requirements cease upon sale, transfer or conveyance of the
property.
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not release the Regulatory Agreements, Shelter Inc. will either be unable to find a buyer for the
properties, or will have to sell the properties for a much lower price.
March 29, 2016 Contra Costa County BOS Official Minutes 1103
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid
Student Training Agreement #22-552-6 with Samuel Merritt University, an educational institution, to provide
supervised field instruction in County’s Public Health Division to nursing, occupational or physical therapy
students, from April 1, 2016 through March 31, 2019.
FISCAL IMPACT:
None
BACKGROUND:
The purpose of this agreement is to provide Samuel Merritt University nursing, occupational or physical therapy
students with the opportunity to integrate academic knowledge
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: 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: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan, M Wilhelm
C.108
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Unpaid Student Training Agreement #22-552-6 with Samuel Merritt University
March 29, 2016 Contra Costa County BOS Official Minutes 1104
BACKGROUND: (CONT'D)
with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience
for students is considered to be an integral part of both educational and professional preparation. The Health Services
Department can provide the requisite field education, while at the same time, benefitting from the students’ services to
patients.
On September 10, 2013, the Board of Supervisors approved Contract #22-552-5 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 #22-552-6, will allow Samuel Merritt University students to receive
supervised fieldwork instruction experience, in County’s Public Health Division, through March 31, 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
March 29, 2016 Contra Costa County BOS Official Minutes 1105
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid
Student Training Agreement #26-608-4 with Touro University - California, an educational institution, to provide
supervised field instruction in County’s Contra Costa Regional Medical Center and Health Clinics to pharmacy
technician and pharmacy students, from April 1, 2016 through March 31, 2021.
FISCAL IMPACT:
None
BACKGROUND:
The purpose of this agreement is to provide Touro University - California pharmacy technician and pharmacy
students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of
performance and responsibility. Supervised fieldwork
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Anna Roth, 370-5101
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan, M Wilhelm
C.107
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:March 29, 2016
Contra
Costa
County
Subject:Unpaid Student Training Agreement #26-608-4 with Touro University - California
March 29, 2016 Contra Costa County BOS Official Minutes 1106
BACKGROUND: (CONT'D)
experience for students is considered to be an integral part of both educational and professional preparation. The
Health Services Department can provide the requisite field education, while at the same time, benefitting from the
students’ services to patients.
On March 12, 2013, the Board of Supervisors approved Contract #24-608-3 with Touro University - California
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 #26-608-4 will allow Touro University - California students to
receive supervised fieldwork instruction experience, at Contra Costa Regional Medical Center and Contra Costa
Health Centers through March 31, 2021.
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
March 29, 2016 Contra Costa County BOS Official Minutes 1107
RECOMMENDATION(S):
1. Accept the report from the Employment and Human Services Department Workforce Development Board on the
Workforce Innovation and Opportunity Act.
2. Decertify the current Workforce Investment Act (WIA) local board and vacate all members from that board.
3. Approve the new board structure that meets the requirements of the Workforce Innovation and Opportunity Act
(WIOA), and includes the following seat categories:
Category – Representatives of Business (WIOA Section 107(b)(2)(A))
• Up to thirteen (13) representatives (required level – greater than 50%)
Category – Representatives of Workforce (WIOA Section 107(b)(2)(A))
• Up to five (5) representatives (required level – 20%)
Category – Representatives of Education and Training (WIOA Section 107(b)(2)(C))
• One (1) Adult Education/Literacy Representative (WIOA Title II)
• One (1) Higher Education Representative
• One (1) Economic and Community Development Representative
• One (1) Wagner Peyser Representative
• One (1) Vocational Rehabilitation Representative
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/29/2016 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Enid Mendoza, (925)
335-1039
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 29, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 96
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:March 29, 2016
Contra
Costa
County
Subject:Workforce Development Board & Workforce Innovations and Opportunity Act Report and Local Board Restructure
March 29, 2016 Contra Costa County BOS Official Minutes 1108
RECOMMENDATION(S): (CONT'D)
Two (2) additional seats from the above categories, including constituencies referenced in Attachment III of
Training Employment & Guidance Letter (TEGL) 27-14.
4. Approve local board recertification under WIOA (Attachment III).
5. Appoint the following candidates to the new WIOA-compliant Workforce Development Board of Contra Costa
County with term dates through June 30, 2020:
Business 1- Michael McGill Chairperson / Engineer MMS Design Associates
Business 2- (Small Business) Pamela Kan Small Business/President Bishop-Wisecarver Corporation
Business 3- (Small Business) Claudia Wentworth Small Business / Founder & Chief Executive Officer
Quick Mount PV
Business 4- Maggie Carrillo Human Resources Manager Ramar Foods International (MFG)
Business 5- Bhuphen B. Amin Chief Operating Officer & Counsel Lotus Hotels & Investments
Business 6- Jose Carrascal Production Leader The Dow Chemical Company
Business 7- Jason Cox Manager, Rolling Div. Maintenance USS-POSCO Industries
Business 8- Ashley Georgian Director, Government Affairs John Muir Health
Business 9- Teresa Lucido Division Manager Business Banking Wells Fargo Bank
Business 10- Robert Rivera Vice President of Sales The Staffing Solutions
Business 11- Justin Steele Human Resource Manager Chevron Richmond Refinery
Business 12- Paul Adler Manager, Public Affairs Phillips 66
Workforce 1- (Labor Organization) Scott Stephan Labor Organization / Asst. Business Manager IBEW
Local 302 (Joint Labor Management Apprenticeship)
Workforce 2- (Labor Organization) Robert Williams, III Labor Organization / Business Rep. IUPAT 741
(Joint Labor Management Apprenticeship)
Workforce 3- Steve Older Registered Apprenticeship / Area Director International Association of
Machinists & Aerospace Workers, AFL-CIO, District 190
Workforce 4- Margaret Hanlon-Gradie Executive Director Contra-Costa AFL-CIO Labor Council
Workforce 5- James Araby Executive Director UFCW Western States Council
Education & Training 1- (Adult Educ. and Literacy) Kathy Farwell Director Martinez Unified School
District/ Martinez Adult Education
Education & Training 2 (Higher Education)- Randal Tillery Senior Dean of Workforce & Economic
Development Contra Costa Community College District
Education & Training (Govt. and Econ. and Community Development)- Kristin Connelly President & CEO
East Bay Leadership Council
Education & Training (EDD) - Richard Johnson Employment Program Manager II California Employment
Development Department
Education & Training (Rehabilitation Act of 1973)- Carol Asch District Administrator California
Department of Rehabilitation
Additional Seat 1- Yolanda Vega Facilitator/Mediator Partnering Services Bay Area Rapid Transit
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
On September 14, 2015, the Family and Human Services Committee (FHS) received a report from the
Employment and Human Services Department Workforce Development Board on the Workforce Innovation and
Opportunity Act (WIOA). Included in this report was an estimated timeline of actions the Department of Labor
and State would take in order to implement WIOA. It was expected that by February 2016, final guidance would
be issued on the initial local area designation and local board recertification. FHS requested that the department
return with a report after such guidance was issued and the department did so on March 14, 2016.
The California Workforce Investment Board and the Employment Development Department has established
March 29, 2016 Contra Costa County BOS Official Minutes 1109
The California Workforce Investment Board and the Employment Development Department has established
policies and procedures to fully comply with the new WIOA requirements for subsequent local area designation
and local board recertification. In response, the Employment and Human Services Department Workforce
Development Board has prepared recommendations that comply with these requirements and FHS has approved
the recommendations for full board approval.
The appointment of Michael Dias for the Business 13 seat was approved by FHS. However, this seat
recommendation will be brought to the full board at a later meeting date.
CONSEQUENCE OF NEGATIVE ACTION:
The Contra Costa County Workforce Development Board will not be in compliance with the policies and
procedures established by the California Workforce Investment Board and the Employment Development
Department to fully comply with the new WIOA requirements for local area designation and local board
recertification.
ATTACHMENTS
WDB Report to FHS
WDB Local Recertification
WDB Candidate Applications
March 29, 2016 Contra Costa County BOS Official Minutes 1110
W O R K F O R C E D E V E L O P M E N T B O A R D O F C O N T R A C O S T A C O U N T Y
3 0 0 E l l i n w o o d W a y 3 rd F l o o r P l e a s a n t H i l l , C A 94523
T e l . 9 2 5 . 6 0 2 . 6 8 0 0 F a x 9 2 5 . 6 0 2 .6802
w w w . w d b c c c . c o m
STEPHEN BAITER
EXECUTIVE DIRECTOR
Executive Director
MEMORANDUM
DATE: March 8, 2016
TO: Family and Human Services Committee
CC: Enid Mendoza
FROM: Stephen Baiter, Executive Director
SUBJECT: Local Board Recertification for the Workforce Innovation & Opportunity Act (WIOA)
This item brings forward critical action for local board recertification of the Workforce Development
Board of Contra Costa County (WDBCCC) under the Workforce Innovation and Opportunity Act (WIOA).
The California Workforce Investment Board (State Board) and the Employment Development
Department (EDD), acting under the authority of the Governor, have established policies and procedures
to fully comply with the new WIOA requirements for subsequent local area designation and local board
recertification.
Recommendations:
a) Recommend that the Contra Costa County Board of Supervisors decertify the current Workforce
Investment Act (WIA) local board and vacate all members from that board
b) Recommend that the Contra Costa County Board of Supervisors approve new board structure that
meets the requirements of the Workforce Innovation and Opportunity Act (WIOA)
c) Recommend that the Contra Costa County Board of Supervisors approve local board recertification
under WIOA
d) Recommend that the Contra Costa County Board of Supervisors appoint candidates to new WIOA-
compliant Workforce Development Board of Contra Costa County
Background:
Local board structure and size:
In order for boards to be more strategic and to benefit the overall operation of the workforce system,
the Workforce Innovation and Opportunity Act (WIOA) substantially changes Local Board composition.
WIOA reduces the number of required board members while maintaining a business and industry
majority with a business chairperson and increasing representation from labor and employment and
training organizations.
To comply with the requirements of the new legislation, the Executive Committee of the local WIOA
board met January 21, 2016 and recommended a WIOA Board configuration for consideration by the
Board of Supervisors. To meet the categorical membership percentages, and ensure multiple
stakeholder representation, the WDB is recommending a board of no less than nineteen (19) and no
more than twenty-five (25) members. The bottom range of this option represents the minimum
required local board size under WIOA, while the upper range adds up to six (6) additional
representatives in the following enumerated categories: 1) business; 2) workforce; 3) education and
training.
March 29, 2016 Contra Costa County BOS Official Minutes 1111
Local Board Recertification for the Workforce Innovation & Opportunity Act (WIOA) – March 2016
Page 2
Category – Representatives of Business (WIOA Section 107(b)(2)(A))
• Up to thirteen (13) representatives (required level – greater than 50%)
Category – Representatives of Workforce (WIOA Section 107(b)(2)(A))
• Up to five (5) representatives (required level – 20%)
Category – Representatives of Education and Training (WIOA Section 107(b)(2)(C))
• One (1) Adult Education/Literacy Representative (WIOA Title II)
• One (1) Higher Education Representative
• One (1) Economic and Community Development Representative
• One (1) Wagner Peyser Representative
• One (1) Vocational Rehabilitation Representative
Two (2) additional seats from the above categories, including constituencies referenced in
Attachment III of Training Employment & Guidance Letter (TEGL) 27-14.
Category Required Percentage Minimum Maximum
Representatives of Business >50% 10 13
Representatives of workforce 20% 4 5
Representatives of Education & Training N/A (5 seats total) 5 5
Additional Seats from WIOA constituencies N/A 0 2
TOTAL 100% 19 25
Local board re-certification
A WIOA- compliant board structure is one of the first steps toward meeting the criterion for local board
recertification. Following the establishment of board configuration, candidate nominations to fill the
above configuration must be approved by the Contra Costa County Board of Supervisors.
The WIOA Sections 106 and 107 provide the criteria for the initial designation of local areas and
initial certification of local boards. Specifically, the WIOA Section 107 requires the Governor to
certify one local board for each local area in the state once every two years.
It states that in order to be recertified, the Local Board must have met WIOA membership
requirements, met or exceeded performance accountability measures, achieved fiscal integrity,
and provide status updates on key WIOA provisions.
For the WDB to be recertified as a local board WIOA, signed documents must be submitted to the
California Workforce Development Board (State Board) and California Employment Development
Department no later than March 30, 2016. To meet the established March 31, 2016 deadline as set forth
in WSD15-13, WDB staff completed the attached “Local Workforce Development Board Recertification
Request for Program Years 2016-2018. This tool includes information relative to program performance,
fiscal integrity, local board membership, and WIOA implementation efforts.
Local Area Designation and Local Board Recertification are required for the WDB to continue to operate
as a local workforce area with a certified board in the State of California as of July 1, 2016 and sets the
March 29, 2016 Contra Costa County BOS Official Minutes 1112
Local Board Recertification for the Workforce Innovation & Opportunity Act (WIOA) – March 2016
Page 3
stage for more robust efforts around the transition to WIOA and ensuing steps that the WDB will need
to take toward full implementation over the next two years.
Local board candidates
Candidates for the local board have been recommended by the appropriate constituencies for
appointment to the WDBCCC. Applications from candidates for available seats on the board are
attached. At the present time, twenty-four (24) of twenty-five (25) seats are going to be filled with the
recertification request. The one seat that is currently considered “vacant” is an additional (and therefore
optional) seat and will filled in accordance with provisions as set forth by the U.S. Department of Labor
and State of California.
Fiscal & Customer Impact:
Local Area Designation and Local Board Recertification are required for the WDB to continue to operate
as a local workforce area with a certified board in the State of California as of July 1, 2016. The vast
majority of the WDB’s operating funds are contingent on this action. Submittal of this item will continue
to ensure that the WDB can be responsive to the needs of business and job seeker customers that utilize
programs and services under its purview.
Attachments:
1) Attachment III – U.S. Department of Labor Training & Employment Guidance Letter (TEGL) 27-14
2) Local Board Recertification Request for Contra Costa County
3) Candidate Applications for the Workforce Development Board
March 29, 2016 Contra Costa County BOS Official Minutes 1113
Local Workforce Development Board
Recertification Request
Program Years 2016-18
Local Workforce Development Board
Workforce Development Board of Contra
Costa County
March 29, 2016 Contra Costa County BOS Official Minutes 1114
Page 2 of 22
Local Board Recertification Request
This will serve as our request for Local Workforce Development Board (Local Board)
recertification for Program Years (PYs) 2016-18 under the Workforce Innovation and
Opportunity Act (WIOA).
If the California Workforce Development Board (State Board) determines the request is
incomplete, it will either be returned or held until the necessary documentation is submitted.
Please contact your Regional Advisor for technical assistance or questions related to completing
and submitting this request.
Stephen Baiter
Contact Person
925.602.6800
Contact Person’s Phone Number
03/31/2016
Date of Submission
Workforce Development Board of Contra
Costa County
Name of Local Board
300 Ellinwood Way
Mailing Address
Pleasant Hill, CA 94523
City, State Zip
March 29, 2016 Contra Costa County BOS Official Minutes 1115
Page 3 of 22
Table of Contents
Local Board Membership .............................................................................................................................. 4
Local Board Performance Accountability Measures ................................................................................... 12
Local Board Sustained Fiscal Integrity......................................................................................................... 13
Local Board WIOA Implementation ............................................................................................................ 14
Local Board Assurances ............................................................................................................................... 20
Signature Page ............................................................................................................................................ 22
Instructions
If additional pages were added to the Local Workforce Development Board Recertification
Request, the page numbers may be updated by hovering over the gray box above, clicking, and
then selecting “Update Table” on the top left corner.
March 29, 2016 Contra Costa County BOS Official Minutes 1116
Page 4 of 22
Local Board Membership
Instructions
Enter the names of the Local Board members in the appropriate membership categories found
in the tables below. If the Chief Local Elected Official (CEO) has approved additional members,
enter the information under the “ADDITIONAL MEMBERS” table. If an individual represents
multiple categories, after the first time s/he is identified (subsequent to the first notation),
please asterisk his/her name at all subsequent entries. Address any vacancies under
“CORRECTIVE ACTION COMMENTS.” If additional rows are needed, add a table following the
membership type.
March 29, 2016 Contra Costa County BOS Official Minutes 1117
Page 5 of 22
BUSINESS
WIOA Section 107(b)(2)(A) – a majority of the members of each Local Board shall be
representatives of business in the Local Workforce Development Area (Local Area), who (i) are
owners of businesses, chief executives or operating officers of businesses, or other business
executives or employers with optimum policymaking or hiring authority; (ii) represent
businesses, including small businesses, or organizations representing businesses described in
this clause, that provide employment opportunities that, at a minimum, include high-quality,
work-relevant training and development in in-demand industry sectors or occupations in the
Local Area; and (iii) are appointed from among individuals nominated by local business
organizations and business trade associations.
WIOA Section 107(b)(3) – the members of the Local Board shall elect a chairperson for
the Local Board from among the representatives described in Section 107(b)(2)(A).
Must include two or more members that represent small business as defined by the U.S.
Small Business Administration.
Name Title Entity Appointment
Date
Term End
Date
1. Michael McGill
Chairperson/
Engineer
MMS Design
Associates 03/29/16 06/30/2020
2. Pamela Kan
Small Business/
President
Bishop-Wisecarver
Corporation 03/29/16 06/30/2020
3. Claudia Wentworth
Small Business/
Founder & Chief
Executive Officer
Quick Mount PV 03/29/16 06/30/2020
4. Maggie Carrillo Human Resources
Manager
Ramar Foods
International (MFG) 03/29/16 06/30/2020
5. Bhuphen B. Amin Chief Operating
Officer & Counsel
Lotus Hotels &
Investments 03/29/16 06/30/2020
6. Jose Carrascal Production Leader The Dow Chemical
Company 03/29/16 06/30/2020
7. Jason Cox Manager, Rolling Div.
Maintenance USS-POSCO Industries 03/29/16 06/30/2020
8. Ashley Georgian Director,
Government Affairs John Muir Health 03/29/16 06/30/2020
9. Teresa Lucido Division Manager
Business Banking Wells Fargo Bank 03/29/16 06/30/2020
10. Robert Rivera Vice President of
Sales The Staffing Solutions 03/29/16 06/30/2020
11. Justin Steele Human Resource
Manager
Chevron Richmond
Refinery 03/29/16 06/30/2020
12. Paul Adler Manager, Public
Affairs Phillips 66 03/29/2016 06/30/2020
13. Michael Dias President Contra Costa Electric 03/29/2016 06/30/2020
March 29, 2016 Contra Costa County BOS Official Minutes 1118
Page 6 of 22
WORKFORCE
WIOA Section 107(b)(2)(B) – not less than 20 percent of the members of each Local Board shall
be representatives of the workforce within the Local Area, who— (i) shall include
representatives of labor organizations (for a Local Area in which employees are represented by
labor organizations), who have been nominated by local labor federations, or (for a Local Area
in which no employees are represented by such organizations) other representatives of
employees; (ii) shall include a representative, who shall be a member of a labor organization or
a training director, from a joint labor-management apprenticeship program, or if no such joint
program exists in the area, such a representative of an apprenticeship program in the area, if
such a program exists; (iii) may include representatives of community based organizations that
have demonstrated experience and expertise in addressing the employment needs of
individuals with barriers to employment, including organizations that serve veterans or that
provide or support competitive integrated employment for individuals with disabilities; and (iv)
may include representatives of organizations that have demonstrated experience and expertise
in addressing the employment, training, or education needs of eligible youth, including
representatives of organizations that serve out-of-school youth.
Must include two or more representatives of labor organizations, where such
organizations exist in the Local Area. Where labor organizations do not exist,
representatives must be selected from other employee representatives.
Must include one or more representatives of a joint labor- management, or union
affiliated, registered apprenticeship program within the area who must be a training
director or a member of a labor organization. If no union affiliated registered
apprenticeship programs exist in the area, a representative of a registered
apprenticeship program with no union affiliation must be appointed, if one exists.
California Unemployment Insurance Code (CUIC) Section 14202(c) further requires and specifies
that at least 15 percent of Local Board members shall be representatives of labor organizations
unless the local labor federation fails to nominate enough members. If this occurs, then at least
10 percent of the Local Board members shall be representatives of labor organizations.
Name Title Entity Appointment
Date
Term End
Date
1. Scott Stephan
Labor Organization/
Asst. Business Manager
IBEW Local 302 (Joint
Labor Management
Apprenticeship)
03/29/16 06/30/2020
2. Robert
Williams, III
Labor Organization/
Business Rep.
IUPAT 741 (Joint Labor
Management
Apprenticeship)
03/29/16 06/30/2020
3. Steve Older
Registered
Apprenticeship/
Area Director
International
Association of
Machinists &
Aerospace Workers,
AFL-CIO, District 190
03/29/16 06/30/2020
4. Margaret
Hanlon-Gradie Executive Director Contra-Costa AFL-CIO
Labor Council 03/29/16 06/30/2020
5. James Araby Executive Director UFCW Western States
Council 03/29/16 06/30/2020
March 29, 2016 Contra Costa County BOS Official Minutes 1119
Page 7 of 22
EDUCATION AND TRAINING
WIOA Section 107(b)(2)(C) – each Local Board shall include representatives of entities
administering education and training activities in the Local Area, who— (i) shall include a
representative of eligible providers administering adult education and literacy activities under
title II; (ii) shall include a representative of institutions of higher education providing workforce
investment activities (including community colleges); (iii) may include representatives of local
educational agencies, and of community-based organizations with demonstrated experience
and expertise in addressing the education or training needs of individuals with barriers to
employment.
Must include at least one eligible provider administering adult education and literacy
activities under WIOA title II.
Must include at least one representative from an institution of higher education
providing workforce investment activities, including community colleges.
Name Title Entity Appointment
Date
Term End
Date
1. Kathy Farwell
Adult Education & Literacy/
Director
Martinez Unified
School District/
Martinez Adult
Education
03/29/2016 06/30/2020
2. Randal Tillery
Institution Higher Education/
Senior Dean of
Workforce & Economic
Development
Contra Costa
Community College
District
03/29/2016 06/30/2020
March 29, 2016 Contra Costa County BOS Official Minutes 1120
Page 8 of 22
GOVERNMENTAL AND ECONOMIC AND COMMUNITY DEVELOPMENT
WIOA Section 107(b)(2)(D) – each Local Board shall include representatives of governmental
and economic and community development entities serving the Local Area, who— (i) shall
include a representative of economic and community development entities; (ii) shall include an
appropriate representative from the State employment service office under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.) serving the Local Area; (iii) shall include an appropriate representative
of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), serving the Local Area;
(iv) may include representatives of agencies or entities administering programs serving the
Local Area relating to transportation, housing, and public assistance; and (v) may include
representatives of philanthropic organizations serving the Local Area.
Must include at least one representative of economic and community development
entities.
Must include at least one representative from the state Employment Service Office
(EDD) under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) serving the Local Area.
Must include at least one representative from programs carried out under title I of the
Rehabilitation Act of 1973, other than Section 112 or Part C of that title.
Name Title Entity Appointment
Date
Term End
Date
1. Kristin
Connelly
Economic & Community Dev/
President & CEO
East Bay Leadership
Council 03/29/2016 06/30/2020
2. Richard
Johnson
Employment Service /
Employment Program
Manager II
California Employment
Development
Department
03/29/2016 06/30/2020
3. Carol Asch
Rehabilitation Act of 1973/
District Administrator
California Department
of Rehabilitation 03/29/2016 06/30/2020
March 29, 2016 Contra Costa County BOS Official Minutes 1121
Page 9 of 22
ADDITIONAL MEMBERS
WIOA Section 107(b)(2)(E) – each Local Board may include such other individuals or
representatives of entities as the chief elected official (CEO) in the Local Area determines to be
appropriate.
Name Title Entity Appointment
Date
Term End
Date
1. Yolanda
Vega
Facilitator/Mediator
Partnering Services
Bay Area Rapid
Transit 03/29/2016 06/30/2020
2. TBD 06/30/2020
March 29, 2016 Contra Costa County BOS Official Minutes 1122
Page 10 of 22
CORRECTIVE ACTION COMMENTS
Explain any vacant appointment(s) regarding the required membership composition only.
Include the length of time the appointment(s) has been vacant, efforts made to fill the vacant
appointment(s), and dates by which the vacant appointment(s) should be filled.
March 29, 2016 Contra Costa County BOS Official Minutes 1123
Page 11 of 22
COMPLIANCE WITH MAJORITY OF BUSINESS REPRESENTATIVES
The table below will assist Local Boards determine compliance with WIOA Section 107(b)(2)(A),
which requires that a majority of the members be representatives of business in the Local Area.
Instructions – Double click the table below to open in Excel.
Total number of individuals currently sitting on local board =24
Number of vacancies currently on local board =1
Total local board membership =25
13
0
13
Divide total local board Business Representatives by total local board membership =52.00%
Total number of Business Representatives currently sitting on local board =
Number of Business Representative vacancies currently on local board =
Total local board Business Representatives =
(Must be greater than 50%)
COMPLIANCE WITH 20% OF WORKFORCE REPRESENTATIVES AND 15% LABOR
ORGANIZATION REPRESENTATIVES
The table below will help Local Boards determine compliance with WIOA Section 107(b)(2)(B),
which requires not less than 20 percent of the members be representatives of the workforce
within the Local Area and compliance with CUIC Section 14202 which requires that at least 15
percent of Local Board members be representatives of labor organizations unless the local
labor federation fails to nominate enough members, in which case it is 10 percent.
Instructions – Double click the table below to open in Excel.
5
0
5
20.00%
3
Total number of Apprenticeship Program Representatives currently sitting on local board =2
0
5
20.00%
(Must be at least 15%)
Number of Labor Org/Apprenticeship Program Representatives vacancies =
Divide total local board Labor Representatives by total local board membership =
(Must not be less than 20%)
Total number of Workforce Representatives currently sitting on local board =
Number of Workforce Representatives vacancies currently on local board =
Total local board Workforce Representatives =
Divide total local board Workforce Representatives by total local board membership =
Total number of Labor Organization Representatives currently sitting on local board =
Total local board Labor Representatives =
March 29, 2016 Contra Costa County BOS Official Minutes 1124
Page 12 of 22
Local Board Performance Accountability Measures
Instructions
Enter your Local Board’s negotiated levels of performance and actual levels of performance for
PYs 2013-14 and 2014-15.
Performance Table
Name of Local Area: Workforce Development Board of Contra Costa
County
Common Measure Negotiated
PY 2013-14
Actual
PY 2013–14
Negotiated
PY 2014–15
Actual
PY 2014–15
Adult
Entered Employment Rate 79.2% 80.6% 75% 78.5%
Employment Retention Rate 84% 91.1% 82.5% 76.2%
Average Earnings $14,581 $14,719 $14,950 $15,017
Dislocated Worker
Entered Employment Rate 80.4% 83.5% 77.5% 85.6%
Employment Retention Rate 89.3% 91.3% 85% 90.8%
Average Earnings $19,500 $20,493 $20,250 $21,127
Youth (ages 14-21)
Placement in Employment or
Education 65.2% 77.2% 60% 73.3%
Attainment of a Degree or
Certificate 43.6% 74.6% 51.5% 51.8%
Literacy and Numeracy Gains 34.3% 55% 40.5% 9.9%
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Local Board Sustained Fiscal Integrity
The Local Board hereby certifies that it has not been found in violation of one or more of the
following during PYs 2013-14 or 2014-15:
Final determination of significant finding(s) from audits, evaluations, or other reviews
conducted by state or local governmental agencies or the Department of Labor,
identifying issues of fiscal integrity or misexpended funds due to the willful disregard or
failure to comply with any Workforce Investment Act (WIA) requirement, such as failure
to grant priority of service or verify participant eligibility.
Gross negligence, which is defined as a conscious and voluntary disregard of the need to
use reasonable care, which is likely to cause foreseeable grave injury or harm t o
persons, property, or both.
Failure to observe accepted standards of administration. Local Areas must have
adhered to the applicable uniform administrative requirements set forth in Title 29 Code
of Federal Regulations (CFR) Parts 95 and 97, appropriate Office of Management and
Budget circulars or rules, WIA regulations, and state guidance.
Highlights of these responsibilities include the following:
o Timely reporting of WIA participant and expenditure data
o Timely completion and submission of the required annual single audit
o Have not been placed on cash hold for longer than 30 days
(In alignment with WIOA Section 106[e][2])
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Local Board WIOA Implementation
Using the questions below, describe your Local Board’s efforts toward implementing the
following key WIOA implementation provisions and designing a better system for customers.
1. What activities have you undertaken to design a better system for customers?
Specifically, describe any actions you have taken, or actions you plan to take, for the
following topics:
a. Developing new services
The Workforce Development Board of Contra Costa County (WDBCCC) is undergoing a significant
transformation as it continues to transition to WIOA. Workgroups have been created for Business
Services, Administration & Policy, and One-Stop/American Job Centers of California (AJCC ) Redesign
(focusing on job seeker services). Using a Human Centered Design (HCD) approach, the central goals of
the redesign of the One-Stop/AJCCs is to meet the customer where they are and to reduce the time it
takes for a customer to receive the services they actually need.
Each AJCC is focusing on a minimum of one of the five priority sectors identified by the WDBCCC. Each
AJCC is responsible for researching the sector/s and developing workshops for both staff and customers
that includes information about: employers in the area, jobs available in the sector, salaries, work
climate, career pathways to these jobs, and training programs that support these pathways.
Regionally, the EASTBAY Works (EBW) web team is redesigning the regional website and restoring lost
functionality of the calendar of events in the four-WIB consortium.
b. Entering into collaborative partnerships
Several years ago, the WDBCCC created Workforce Integration Networks (WIN) across our service
delivery area. WIN members commit to working together to create a broader, more integrated system
of workforce services designed to leverage public and private resources, enhance access to WIN
member services, and improve long-term outcomes for individuals using these services. WIN reduces
duplication of effort among organizations and increases efficiency. Ultimately, a successful WIN will
enhance the competitiveness of the local workforce, improve the local and regional economy and make
each WIN member agency stronger. WINs currently operate in East, Central, and West Contra Costa
County, and are serving as robust collaborations of a shared vision for a system that puts the customer
being served at the center.
The WDBCCC has a long-standing relationship with adult schools throughout the county. Mt. Diablo
Adult Education coordinates the operation of all assessment centers for the four (4) AJCCs in Contra
Costa County. Each assessment center is connected to the local adult school and provides services to
that AJCC. WorkKeys/KeyTrain is our preferred work ready assessment, with our adult school partners
proctoring this assessment, customers have direct referral to other support services as identified by the
adult school proctors. Our adult school partners also provide a number of workshops and customer
service trainings to our customers at our AJCC sites.
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Additionally, the WDBCCC is involved in the following collaborative partnerships:
SparkPoint – two sites in Contra Costa County (Richmond, Bay Point) -
http://sparkpointcenters.org/
TANF/CalWORKS = CCWORKS - http://ehsd.org/benefits/calworks-for-employers/ccworks/
Healthcare training cohorts in partnership with Jewish Vocational Services (www.jvs.org) at John
Muir Medical Center
A developing relationship with the Re-entry Center, presenting outreach workshops at each
other's sites;
Partnering with County's own Department of Child Support Services (DCSS) to assist non-
custodial parents under seek-work orders to avail themselves of One Stop services; DCSS led in-
service training to both County and EDD managers; future trainings with line staff planned
Served as convener for three trauma-informed trainings: 80 individuals trained, representing 40
organizations. Trainings focused on Customer Excellence, Safety and Building Resilience. The
trainings have further informed WIOA and redesign efforts, such as the Front Desk SOP Task
Force (charged with codifying and training best practices) and the Safety Team (charged with
making the AJCCs a peaceful place for guests and staff). In the works is the two-pronged effort
to build resilience in individuals and the organization (Employment and Human Services Dept.):
assisting customers to find their strengths and supporting employees to pursue their personal
and professional goals via individual development plans.
c. Creating innovative workforce development strategies in alignment with WIOA
Preparing to put Adult Basic Career (ABC) enrollment in place
Through collaboration with our Community College District on the regional Trade Adjustment
Act Community College Career Training (TAACCCT) grant, curriculum that meets reciprocity with
the National Association of Workforce Development Professionals (NAWDP) credential was
developed and we are researching on-line hybrid/blended delivery models to roll-out for all staff
in our system
Piloting essential skills assessment via WorkKeys platform
Concentrating on how we can be more responsive to customers with barriers:
o Partnering with EDD to cross-train staff on Veteran Service Navigator processes
o Partnering with the California Department of Rehabilitation (DOR) to plan in-service
trainings of AJCC staff on how to make better referrals and on what happens to clients
once referrals are made
o Staff trained offsite at Lions Center for the Blind on assistive technology such as JAWS
and Dragon Naturally Speaking; attendees provided a teach-back to peers
d. Redesigning service delivery
Multiple trainings have taken place throughout the county to introduce staff to the core concepts of
WIOA, human-centered design, the redesign process (researching, synthesizing, ideating, prototyping
and testing), and the importance of recognizing "where customers are" emotionally to better respond
with empathy and understanding.
Subsequently, each of our four AJCCs has chosen a redesign project focused variously on Technology,
Workshops, and Partnerships -- as well, each site has also selected a Front Desk project -- targeting the
"first touch" with center guests to improve overall customer experience and direct people quicker to the
resources they need.
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Projects include:
An information kiosk to provide center visitors with the guidance they need to navigate career
center resources, get UI questions answered and to access training.
Video outreach (scrolling lists of workshops and onsite recruitments) via County TV station and
community sites.
On-line workshops.
Career Counselor of the day: immediate access to one-on-one “mini” coaching
New intake process where all registrants meet one-on-one with a staff member who assesses
individuals for suitability/eligibility for various programs and makes referrals, explains services,
advises of center rules, and gives tours.
Other projects being investigated: texting customers job leads, reminders of deadlines and "checking in"
on training progress.
e. Other WIOA transitional activities to design a better system for customers
Putting in place new metrics for Employer Liaisons (Employment Placement Counselors) to
measure their engagement and actual level of service to customers (job seekers & businesses).
Redesigning reporting tools for Site Coordinators for better month-over-month and year-over-
year trends in orientation attendance, application, enrollment, training and placement.
Planned: Comparing outcomes and impact for different training strategies: cohorts, ITAs, OJTs.
Instituting Knowledge Management systems to capture best practices of retiring employees
(e.g., creating Site Coordinator Handbook, streamlining shared network drives, updating old
forms and creating new intake forms to better assist customers to convey their needs)
Training staff (and partners) in Mental Health First Aid, an innovative response to customers in
crisis.
Training staff in WIOA and CalJOBS case management / State labor exchange system; permanent
staff has received 25 hours of training each with several more trainings planned.
2. What steps have you taken to implement the new WIOA youth program requirements,
including the 75 percent out-of-school youth and 20 percent work experience minimum
expenditure requirements?
Contracts with Youth Providers have been amended, budgets have been revised, and additional
service components have been developed to enhance services for the out-of-school youth
population and meet the 75% expenditure requirement. WIOA’s expansion of the eligible age range
for youth and the removal of low-income requirements for those with certain barriers have
contributed positively to our ability to focus recruitment and resources on out-of-school youth,
high-school dropouts in particular.
Previous providers of in-school youth service are expanding their programs to include out-of-school
youth. For example, Mt. Diablo Unified School District is enrolling more of its Adult Education
students into the WIOA program.
Leveraged funds (CPT) and additional partnerships are being used to ensure continued services to
in-school youth.
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Guidance has been provided to Youth Providers re: the 20% Work Experience expenditure
requirement, allowable costs, and how to appropriately track and report work experience-related
activities. Fiscal mechanisms and provider invoices have been updated to track work-experience
expenses. Programmatically, an increased focus (additional staffing, regular meetings with partner
organizations, etc.) has been placed on the development of quality work-based learning experiences
for youth. Local policy regarding Youth Work Experiences has been released and issued to all
providers.
3. Describe your efforts to comply with the Uniform Guidance requirements.
In an effort to comply with the Uniform Guidance requirements, Contra Costa County’s Local Workforce
Investment Area is doing the following:
Safeguarding PII, in digital form with password protection and hard copies are kept in locked
storage with sensitive copies being shredded. Workstation computers are password protected
and staff uses magnetic identification cards to access the buildings. EHSD also provides training
in security procedures. Information is backed up and stored electronically on the server.
Asking all contract evaluators to review the County General Conditions and a Conflict of interest
(COI) form is sent to each, that they must sign affirming that they do not have a COI.
Utilizing the Department’s Purchasing Unit and relying on them to ensure equitable distribution
of micro purchases amongst suppliers. All Purchase Orders are reviewed by department heads
to ensure they are allowable, reasonable and necessary.
Planning to update the small purchase policy.
Sending federal, state and local rules to sub-recipients, for their files and sending updated
information as needed.
Have policies and procedures in place to obtain prior approval when necessary and to ensure
staff is informed of the False Claims Act.
Considering engaging in fund raising activities, expanding advertising and public relations
activities, and entering into pay-for-performance contracts.
Is writing contracts for training through the competitive bidding process in addition to the ITA
offerings
4. Describe your efforts to develop sector initiatives and career pathways in high demand
industries in coordination with community colleges, apprenticeship programs, adult basic
education, and other training providers.
For the first time in the history of federal workforce legislation, WIOA recognizes the employer as an
equal customer to the job seeker and worker. WIOA seeks to support economic growth and business
expansion by ensuring the workforce system is job-driven: matching skilled individuals to employment
opportunities with local businesses, principally in priority industry sectors. State and local boards will
promote the use of sector partnerships to address the workforce needs of multiple employers within an
industry. Local areas can use funds for demonstrated effective strategies that meet employers’
workforce needs, including incumbent worker training, registered apprenticeships, transitional jobs, on-
the-job training, and customized training. Employers may be more likely to use the system to meet their
workforce needs and offer opportunities for workers to learn given increased reimbursement rates for
on-the-job and customized training that are a key feature of WIOA.
A key component of the WDBCCC’s sector strategies has been focused on Slingshot, which is emerging
as the signature industry sector partnership within the East Bay. Focused on five (5) priority industry
sectors (Advanced Manufacturing, Biomedical, Healthcare, Information Communication Technology
(ICT), Transportation & Logistics), this initiative has emerged as the premiere demand-side initiative that
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is helping to shape and influence the myriad supply-side efforts that are currently underway in the
region.
The aforementioned work, coupled with deep partnerships with the local K-12 and community college
systems has enabled strong partnerships around the development of career pathways.
The WDBCCC has been working in partnership with the Contra Costa Community College District
(CCCCD) and local employers in the development of priority sector career pathways. The WDBCCC has
helped develop several large-scale partnerships to create and strengthen career pathways in demand
industries in the region. One of these efforts is partnership with the CCCCD and local employers through
a grant-funded project titled Design It-Build It-Ship It (DBS). The grant, funded through the DOL Trade
Adjustment Assistance Community College Career Training (TAACCCT) initiative, includes a consortium
of ten (10) East Bay Area Community Colleges, five (5) workforce boards, UC Berkeley, and several other
regional partners to develop and strengthen career pathway training in advanced manufacturing,
transportation/logistics, and engineering. In particular, the focus of this work is to develop career
pathway programs that help job seekers with barriers to employment -- underemployed, unemployed,
low skilled, veterans and others -- find a way into education and then employment. The One-Stops,
colleges, and employers will all work together to create pathways that are understandable, navigable,
and result in an increased number of Contra Costa residents obtaining skills that give them access to
living wage jobs.
An example of this in action is the FLOW (Forklift, Logistics, Operations, and Warehouse Training)
program at CCC. With support from the TAACCCT grant, the WDBCCC helped to facilitate the co-
enrollment in WIA and FLOW of more than twenty people in the first two training cohorts offered at
Contra Costa College. The goal of the FLOW project is providing short-term training that leads to
employment in the growing field of transportation and logistics, and this project was spotlighted in April
2013 when the Acting Secretary of Labor visited the region to announce the release of additional
TAACCCT funds for similar projects.
The WDBCCC is also working closely with other Community Colleges in the region, particularly Diablo
Valley College and Los Medanos College, to ensure that the local workforce system is participating in the
development of upcoming pathway programs at these institutions. Specific examples of this include the
Industrial Maintenance Machinist/Mechanic (IMMM) program at Diablo Valley College, as well as the
Process Technology (PTEC) and Electrical and Instrumentation Tech (ETEC) programs at Los Medanos
College. Through its knowledge of the populations that are served through the One-Stops, WDBCCC is
playing an important role in helping the community colleges to design programs that are more
responsive to individuals with different kinds of training and support needs than traditional community
college students.
At the broader regional level, the WDBCCC is carrying out its pathway strategy through participation in
the Bay Area Community College Consortium (BACCC). Funded by the Carl D. Perkins Vocational and
Technical Education Act, the BACCC is comprised of twenty-six (26) colleges and ten (10) economic and
workforce development initiatives in the Bay and Interior Bay Regions. The BACCC seeks to improve the
academic skills of vocational and technical education students, strengthen connections between
secondary and post-secondary education, prepare individuals for demand occupations that pay family-
supporting wages, and to invest in effective, high-quality programs. The BACCC has chosen to focus on
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healthcare and information communication technology (ICT) as its two primary industry sectors, and is
also convening partners connected to the energy, industrial maintenance, and water/wastewater
sectors. The WDBCCC continues to engage with the networks that are developing new priority sector
pathway training programs, and is shaping business engagement strategies to ensure that these
programs are both relevant and effective at providing skilled workers for industries that need them.
With the implementation of the California Career Pathways Trust (CCPT) initiative, the WDBCCC has
made extensive strides forward in partnering with K-12 education and the adult education system to
enhance and increase the worker pipeline and deepen community and business engagement with
career pathway activities. The Earn & Learn East Bay initiative (http://www.wdbccc.com/youths/earn-
learn-east-bay) is an example of this work in action.
The WDBCCC has been funding pre-apprenticeship construction training for the past several years, and
in 2015 received Proposition 39 funding to continue this work and adopt the Multi-Craft Core (MC3)
curriculum developed and supported by labor. This enhancement has strengthened the program while
the construction industry in our region enjoys a substantial rebound.
5. Describe your efforts to adopt, implement, and promote the AJCC brand.
America’s Job Center of California official logo has been incorporated into all WDBCCC EASTBAY Works
AJCC materials: All staff business cards, memos, letter head, agendas, flyers, marketing materials, and
center signage reflect this. Staff answer phones identifying us as an America’s Job Center of California.
We are in the process of developing a strategy to disseminate the AJCC logo to all required partners and
will incorporate this into the Partner MOU.
6. Describe your efforts to complete Phase I of the MOU development process. What
challenges are you facing?
A list of all required partners is being established complete with contact names and areas of service
delivery. Template MOUs that have been provided are being modified to reflect our local vision,
including our partners. A convening is being planned for early April where all required partners will be
invited to review the proposed MOU template, provide feedback, and approve a final version to be
executed by all parties by June 30, 2016.
So far, we are moving along in this process; however, it will take a good degree of time and effort to
make contact with all partners and make sure that they are ready to sign a completed agreement by the
established deadline.
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Local Board Assurances
For PYs 2016-18, the Local Board assures that it will do the following:
A. Comply with the applicable uniform administrative requirements, cost principles, and audit
requirements included in Title 2 CFR Parts 200 and 2900 (WIOA Section 184[a][2] and [3]).
Highlights of this assurance include the following:
The Local Area’s procurement procedures will avoid acquisition of unnecessary or
duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section
200.318).
The Local Area will maintain and provide accounting and program records, including
supporting source documentation, to auditors at all levels, as permitted by law (Title
2 CFR Section 200.508).
*Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200
Subpart F will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338).
B. Do financial reporting in compliance with federal and state regulations and guidance.
Highlights of this assurance include the following:
Reporting will be done in compliance with Workforce Services Directive WSD12-3,
Quarterly and Monthly Financial Reporting Requirements.
All close out reports will comply with the policies and procedures listed in Workforce
Services Directive WSD09-12, WIA Closeout Handbook.
*Note that failure to comply with financial reporting requirements will subject the Local
Area to potential cash hold (Title 2 CFR Section 200.338).
C. Expend funds in accordance with federal and state laws, regulations, and guidance.
Highlights of this assurance include:
The Local Area will meet the requirements of State Senate Bill 734, to spend a
minimum of 30 percent of combined total of adult and dislocated worker formula
fund allocations on training services (CUIC Section 14211).
The Local Area will not use funds to assist, promote, or deter union organizing
(WIOA Section 181[b][7]).
D. Select AJCC operator(s), with the agreement of the local CEO, through a competitive process
such as a Request for Proposal, unless granted a waiver by the state (WIOA Section
121[d][2][A] and 107[g][2]).
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E. Collect, enter, and maintain data related to participant enrollment, activities, and
performance necessary to meet all CalJOBSSM reporting requirements and deadlines.
F. Comply with the nondiscrimination provisions of WIOA Section 188, including the collection
of necessary data.
G. Comply with State Board policies and guidelines, legislative mandates and/or other special
provisions as may be required under federal law or policy, including the WIOA or state
legislation.
H. Give priority of service to veterans, recipients of public assistance, other low-income
individuals, and individuals who are basic skills deficient for receipt of career and training
services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and
Employment Guidance Letter 10-09).
I. Comply with Assembly Bill (AB) 1234 and ensure that local members receive ethics training
every two years. AB 1234 requires Local Boards to consult with the California Fair Political
Practice Commission (FEPC) and the California Attorney General’s office regarding the
content of the ethics training course they can use. Local Boards may consider using the
free, two-hour, on-line ethics training course available from the FPPC: AB 1234 Ethics
Training for Local Officials.
J. Comply with the conflict of interest provisions of WIOA Section 107(h).
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Signature Page
By signing below, the local CEO and Local Board chair request Local Board recertification. We
certify that the Local Board appointed members as described in WIOA Section 107(a), (b), and
(c), performed successfully and sustained fiscal integrity during PYs 2013-14 and 2014-15, and
developed and implemented strategies to improve and continuously strengthen the workforce
development system in accordance with WIOA. Additionally, we agree to abide by the Local
Area assurances included in this document.
Instructions
The Local Board chairperson and local CEO must sign and date this form. Include the original
signatures with the request.
Local Workforce Development Board Chair Local Chief Elected Official
Signature Signature
Name Name
Title Title
Date Date
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