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HomeMy WebLinkAboutMINUTES - 11152016 -CALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 CANDACE ANDERSEN, CHAIR, 2ND DISTRICT MARY N. PIEPHO, VICE CHAIR, 3RD DISTRICT JOHN GIOIA, 1ST DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. ANNOTATED AGENDA and MINUTES November 15, 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, Local 1021; District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Employees International Union Local 2015; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; Contra Costa County Deputy District Attorneys’ Assn.; and Prof. & Tech. Engineers, Local 21, AFL-CIO; Teamsters Local 856. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(d)(1)) 1. Contra Costa County v. Peter J. Dailey, et al., Contra Costa County Superior Court Case No. C14-01154 2. Contra Costa County v. Frederick R. Schiff, et al., Contra Costa County Superior Court Case No. C14-01155 3. Contra Costa County v. Harry H. Williamson, Sr., et al., Contra Costa County Superior Court Case No. C14-01156 4. In re: West Contra Costa Healthcare District, Debtor, United States Bankruptcy Court, Northern District of California, Case No. 16-42917November 15, 2016 Contra Costa County Board of Supervisors 1 Northern District of California, Case No. 16-42917 5. Randy David Ray Robertson v. Contra Costa County, et al., United States District Court, Northern District of California, Case No. 15-cv-02549 6. Lawrence Nunes v. Contra Costa County Fire Protection District, Contra Costa County Superior Court Case No. C13-01475 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "The greatest part of our happiness depends on our dispositions, not our circumstances." ~ Martha Washington Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Mary N. Piepho, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel  There were no announcements from Closed Session.   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.73 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 launching the 2016 "Contra Costa County Cares" Holiday Food Fight. (Larry Sly, Executive Director, Food Bank, Kate Sibley, Executive Assistant, LAFCO)   PRESENTATION recognizing Helen Benjamin upon her retirement as Chancellor of the Contra Costa Community College District. (Supervisor Andersen)   PRESENTATION recognizing Carla Young Garrett, President of the Center for Economic and Civic Education. (Supervisor Andersen)   PRESENTATION recognizing November 17, 2016 as World Pancreatic Cancer Day in Contra Costa County. (Supervisor Andersen)   DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed for discussion.   D. 2 HEARING to consider adopting Ordinance No. 2016-22, adopting the 2016 California Building, Residential, California Green Building Standards, Electrical, Plumbing, Mechanical, and Existing Building Codes, with changes, additions, and deletions. (Jason Crapo, Conservation and Development Department)       CLOSED the public hearing; ADOPTED Ordinance No. 2016-22, adopting the 2016 California Building Standard Codes, the 2016 California Residential Code, the 2016 California Green Building Standards Code, the 2016 California Electrical Code, the 2016 California Plumbing Code, the 2016 California Mechanical Code and the 2016 Existing Building Codes, with changes, additions and deletions; ADOPTED the findings in support of the County's changes, additions and deletions to the statewide codes. DIRECTED the publication of ordinance summary prepared by County Counsel and DIRECTED the Clerk of the Board of Supervisors to publish a certified copy of the full text of the adopted ordinance in the office of the Clerk of the Board; DIRECTED the Department of Conservation and Development, to send a certified copy of Ordinance No. 2016-22, the findings, and the Board Order to the California November 15, 2016 Contra Costa County Board of Supervisors 2 Department of Housing and Community Development and to the California Building Standards Commission; FOUND that adoption of ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061 (b)(3); DIRECTED staff to file a Notice of Exemption with the County Clerk.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 3 CONSIDER adopting a position on two identical bills, Senate Bill X 1-1 (Beall) and Assembly Bill X 1-26 (Frazier), which will increase revenues for transportation infrastructure purposes through tax and fee increases, streamline project delivery through environmental review revisions, and other transportation revenue protective actions, as recommended by the Transportation, Water, & Infrastructure Committee. (John Cunningham, Conservation and Development Department)       NO ACTION TAKEN   D. 4 HEARING on appeals of the County Planning Commission decision to approve a land use permit for the Diablo MX Ranch Motocross Park project on Camino Diablo Road near Brentwood, and to consider related actions under the California Environmental Quality Act. (Law Offices of David W. Trotter, Appellant; John and Lori Ramirez, Applicants; James and Dorothy Schmidt, Owners) (Lashun Cross and Gary Kupp, Department of Conservation and Development)       The following people spoke in support of the land use permit: Jim Schmidt, Diablo MX Ranch; Paul Mullin, resident of Concord; Mike Northrop, resident of Concord; Leisa Nalls, resident of Emeryville; Diane Mead, California Off Road Vehicle Association; Paul Moore, Richmond Ramblers Motocross; Mike Kendizo, District 36 Mortorcycle Org; Steve Machado, resident of Dublin; Alex Edmon, resident of Discovery Bay; Jack Sanchez, resident of Antioch. The following people spoke in opposition of the land use permit, residents of Brentwood: Linda Thuman; Jeremy Decker, Charles M. Salter Associates; Howard Bowles; Tyler Kendrick, Tess Kendrick (attachment); Rick Kendrick, Steve Glennon; Christina Coleman, Donna Kendrick. The following did not wish to speak, but left written commentary (attached). Chair Andersen read them into the record. By unanimous vote, accepted new material into the record from the Department of Conservation and Develoment (attached). CLOSED the public hearing; CONTINUED the matter to December 13, 2016 at 9:30 a.m. to allow staff to return with modified and additional conditions of approval.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 5 CONSIDER accepting report from Health Service Department and providing direction on the LAFCO Special Study of Governance Options for the West Contra Costa Healthcare District. (William Walker, M.D., Health Services Director)       ACCEPTED the report; EXPRESSED support for preserving the use of revenues for the health care needs in West County; RESERVED final recommendations on the vehicle best suited to achieve that goal until bankruptcy proceedings are completed; and REQUESTED LAFCo to withhold making final determinations at it's December 2016 meeting.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 6 CONSIDER making appointments to the West Contra Costa Healthcare District Board of Directors, pursuant to Elections Code section 10515. (David Twa, County Administrator)       ACCEPTED the resume of Dr. Bill Van Dyk into the record (attached); ACKNOWLEDGED receipt of the November 15, 2016 Contra Costa County Board of Supervisors 3  ACCEPTED the resume of Dr. Bill Van Dyk into the record (attached); ACKNOWLEDGED receipt of the certification of facts and request to fill two seats on the West Contra Costa Healthcare District Board of Directors; APPOINTED Deborah Campbell to the West Contra Costa Healthcare District Board of Directors to a four-year term commencing December 2, 2016; and APPOINTED Dr. Bill Van Dyk to fill the remaining seat on the West Contra Costa Healthcare District Board.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 CONSIDER creating a Sustainability Commission to advise the Board on issues related to the County’s Climate Action Plan and opportunities to realize equity and fairness across the diverse communities of Contra Costa County in sustainability programs that support the Climate Action Plan, and provide suggestions to staff and the Board on how to better engage Contra Costa County residents on sustainability issues and implementation of the Climate Action Plan, as recommended by the Ad Hoc Sustainability Committee. (John Kopchik, Director of Conservation and Development)       Jan Warren, Interfaith Climate Action Network of CCC did not wish to speak but left written comments for consideration (attached).   D. 8 CONSIDER adopting Resolution No. 2016/643 approving the Side Letter between Contra Costa County and the Physicians’ and Dentists’ Organization of Contra Costa (PDOCC) modifying the Preamble and Section 35.4 Duration of Agreement of the memorandum of understanding to extend the contract from October 31, 2016 through February 28, 2017. (David Twa, County Administrator)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 9 PUBLIC COMMENT (2 Minutes/Speaker)    Scott Rafferty, spoke on omissions on the party voter roster, other difficulties with voter registration rolls, and inappropriate comments by a poll-worker; Jeremy Matthews, All Health Services, inquiring about approval for the contract amendment with the county (handout attached); Rodney Kade, resident of Walnut Creek, did not wish to speak but left written comments for the Board’s consideration (attached).   D. 10 CONSIDER reports of Board members.    Supervisors Piepho and Mitchoff and David Twa, County Administrator and attended the TriDelta County Coalition dinner on November 14, 2016 recognizing outgoing Senator Lois Wolk and the work of Supervisor Piepho. Supervisor Piepho congratulated Supervisor Glover on his re-election and the election of her successor, Diane Burgis.   Closed Session    There were no reports from Closed Session.   ADJOURN    Adjourned today's meeting at 2:35 p.m.   CONSENT ITEMS   November 15, 2016 Contra Costa County Board of Supervisors 4 Road and Transportation   C. 1 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of Contra Costa County (County), agreements with Contra Costa Transportation Authority authorizing the County to provide right of way and eminent domain services for the I-680 North Express Lanes Project, effective April 1, 2016, and take related actions under the California Environmental Quality Act, as recommended by the Public Works Director, I-680 Corridor area. (100% CCTA funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 2 ADOPT Resolution No. 2016/599 accepting completion of improvements for road acceptance RA12-01250, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (100% Developers Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 ADOPT Resolution No. 2016/620 approving the fourth extension of the Subdivision Agreement for subdivision SD06-08993, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 ADOPT Resolution No. 2016/622 approving the fifth extension of the Subdivision Agreement for subdivision SD05-08992, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 ADOPT Resolution No. 2016/624 accepting completion of private improvements for subdivision SD05-08992, for a project developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (100% Developer Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 ADOPT Resolution No. 2016/625 approving the sixth extension of the Subdivision Agreement for subdivision SD06-09067, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 ADOPT Resolution No. 2016/626 accepting completion of private improvements for subdivision SD06-09067, for a project developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (100% Developer Fees)        November 15, 2016 Contra Costa County Board of Supervisors 5  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 ADOPT Resolution No. 2016/634 ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Pomona Street between Alexander Avenue and Rolph Park Avenue, on November 11, 2016 from 9:00 a.m. through 12:00 p.m., for the purpose of John Swett Band Boosters Veterans Day parade, Crockett area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 9 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Charles Luther for a T-hangar at Buchanan Field Airport effective November 8, 2016 in the monthly amount of $394.10. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Geologic Hazard Abatement Districts   C. 10 ADOPT Resolution No. 2016/03 declaring the GHAD's intent to order the assessment set forth in the attached Engineers Report and set a public hearing for January 17, 2017, to consider the proposed assessment and any objections thereto.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 11 DENY claims filed by Alano Anderson, Jessy DeLima, Christina Fasse, Dominique McInnis, Bryan Smith, The Estate of Norma Supapo (Deceased). DENY late claim filed by Michael Geary Wilson.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 RECEIVE public report of litigation settlement agreements that became final during the period of October 1, 2016, through October 31, 2016.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Statutory Actions   C. 13 ACCEPT Board members' meeting reports for October 2016.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations November 15, 2016 Contra Costa County Board of Supervisors 6 Honors & Proclamations   C. 14 ADOPT Resolution No. 2016/644 recognizing Helen Benjamin upon her retirement as Chancellor of the Contra Costa Community College District, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 ADOPT Resolution No 2016/552 recognizing Michael McDonald of the Alamo Municipal Advisory Council for his dedication, hard work and loyalty to Alamo and its residents, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 ADOPT Resolution No. 2016/553 recognizing Ed Best of the Alamo Municipal Advisory Council for his dedication, hard work, and loyalty to Alamo and its residents, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 ADOPT Resolution No. 2016/608 recognizing November 17, 2016 as "World Pancreatic Cancer Day" in Contra Costa County, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 18 ADOPT Resolution No. 2016/609 recognizing Fred Weil of the Moraga Orinda Fire District Board for his continued support to the community of Moraga and Contra Costa County, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 ADOPT Resolution No. 2016/611 recognizing Alex Evans of the Moraga Orinda Fire District's Division Five for his dedication to his community and it's residents, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 ADOPT Resolution No. 2016/629 recognizing the contributions of Linda Weder on her 25 years of service to Contra Costa County, as recommended by the Public Works Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 ADOPT Resolution No. 2016/637 recognizing the contributions of Roland Hindsman, on the occasion of his retirement from Contra Costa County, as recommended by the Public Works Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover November 15, 2016 Contra Costa County Board of Supervisors 7 C. 22 ADOPT Resolution No. 2016/646 launching the 2016 "Contra Costa County Cares" Holiday Food Fight, as recommended by the County Administrator.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 ADOPT Resolution No. 2016/650 recognizing Carla Young Garrett, President of the Center for Economic and Civic Education, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 24 APPOINT five individuals and REAPPOINT thirteen individuals to seats on the Emergency Medical Care Committee for terms expiring September 30, 2018, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 25 Employment and Human Services (0501)/ Fleet ISF (0064): APPROVE Appropriation and Revenue Adjustment No. 5023 authorizing the transfer of appropriations in the amount of $31,187 from Employment and Human Services Department to the Fleet Internal Service Fund for the purchase of one replacement vehicle. (100% County)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 Health Services (0467)/Fleet ISF (0064): APPROVE Appropriation and Revenue Adjustment No. 5025 authorizing the transfer of appropriations in the amount of $27,387 from Health Services Behavioral Health Division to the Fleet Internal Service Fund for the purchase of one vehicle for the implementation of the Partners in Aging project. (100% MHSA)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 2011 Local Revenue Fund (115300): APPROVE Appropriations and Revenue Adjustment No. 5026 increasing expenditure appropriations and estimated revenue by $2,215,167 from the State of California related to continued implementation of AB109 Public Safety Realignment for fiscal year 2016/17. (100% State AB 109 Public Safety Realignment revenue)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 Employment and Human Services (0504/0503): APPROVE Appropriation and Revenue Adjustment No. 5024 authorizing an adjustment to the Federal, State and County expenditure and revenue budgets based on revised caseload projections for CalWORKS (0504) and General Assistance (0503).       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 CSA P-6 Zone Funding (7629)/Sheriff's Office (0255): APPROVE Appropriations and Revenue    November 15, 2016 Contra Costa County Board of Supervisors 8 C. 29 CSA P-6 Zone Funding (7629)/Sheriff's Office (0255): APPROVE Appropriations and Revenue Adjustment No. 5020 authorizing new revenue in the amount of $126,941 from CSA P-6 Zone funding and appropriating it in the Sheriff's Office (0255) to add one Sheriff's Community Service Officer position to the Field Operations Bureau - Discovery Bay community. (100% CSA P-6 Zone funds) (Consider with C.34)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Intergovernmental Relations   C. 30 AUTHORIZE the Conservation and Development Director, or designee, to apply for membership and pay associated annual membership dues totaling $2,900 to the Local Government Sustainable Energy Coalition and the Urban Sustainability Directors Network, as recommended by the Ad Hoc Sustainability Committee. (100% County General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 31 ADOPT Position Adjustment Resolution No. 21913 to establish the classification of Animal Center Operations Manager (represented) and add one (1) position, and cancel one (1) vacant Animal Center Technician (represented) position in the Animal Services Department. (32% User fees, 31% City revenues, 37% County)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 ADOPT Position Adjustment Resolution No. 21976 to reclassify one Clerk-Senior Level (represented) position and it's incumbent to Secretary-Advanced Level (represented) position and cancel one Clerk-Beginning Level (represented) position in the Sheriff's Office - Custody Services Bureau. (Cost savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 ADOPT Position Adjustment Resolution No. 21949 to reclassify Accountant III (represented) position and its incumbent to Supervising Accountant (represented) position in the Office of the Sheriff- Fiscal Unit. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 ADOPT Position Adjustment Resolution No. 21993 to add one Sheriff's Community Service Officer (represented) position in the Sheriff's Office - Patrol Division for the Discovery Bay community. (100% CSA P-6 Zone funds) (Consider with C.29)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 ADOPT Position Adjustment Resolution No. 21994 to add twenty-three (23) represented positions in the Health Services Department. (100% Third party revenues)      November 15, 2016 Contra Costa County Board of Supervisors 9  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 ADOPT Position Adjustment Resolution No. 21995 to add ninety-eight (98) represented positions in the Health Services Department. (100% Whole Person Care Pilot Program funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 ADOPT Position Adjustment Resolution No. 21981 to establish the classification of Quality Assurance Monitor (represented) and add one position, and cancel one vacant Clerk-Experienced Level (represented) position in the Employment and Human Services Department. (76% Federal, 14% State, 10% County)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 38 ADOPT Resolution No. 2016/632 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with California Department of Aging to increase the payment limit by $34,789 to a new payment limit of $60,945 for Medicare Improvements for Patients and Providers Act services with no change in the term September 30, 2015 through September 29, 2017. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $5,000 from The San Pablo Koshland Civic Unity Fellows to provide materials and services to the San Pablo Library for the period January 1 through December 31, 2017. (No Library Fund match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the Energy Council, a joint powers agency, to accept funding in an amount not to exceed $45,000 to assist Pacific Gas and Electric Company with its East Bay Energy Watch Local Government Partnership Program for the period May 10 through December 31, 2016. (100% Energy Watch funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a grant award with the California Department of Public Health, to pay County an amount not to exceed $106,843, for the Core Sexually Transmitted Disease Management Project, for the period July 1, 2016 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover November 15, 2016 Contra Costa County Board of Supervisors 10 C. 42 APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute a contract with Merced County, to pay this County an amount not to exceed $120,000 for early intervention services to prevent child support payment delinquency for the period October 1, 2016 through September 30, 2017. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 ADOPT Resolution No. 2016/649 authorizing the Sheriff-Coroner, or designee to apply for and accept State Homeland Security Grant Program (SHSGP) funds in an initial amount of $1,200,036 from the California Governor’s Office of Emergency Services, make required grant assurances and authorize specified Sheriff’s Office officials to act on behalf of the County to obtain funding for the period of September 1, 2016 through the end of grant fund availability. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE and AUTHORIZE the Fire Chief, or designee, to apply for and accept grant funding from the U.S. Department of Homeland Security, Federal Emergency Management Agency, Assistance to Firefighters Grant Program in an amount not to exceed $350,000 for the purchase and installation of a Phase 5 live fire training unit. (90% Federal, 10% District match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 45 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Francisco & Associates, Inc., to extend the term from December 31, 2016 to December 31, 2017 and increase the payment limit by $25,000, to a new payment limit of $125,000, to continue providing pipeline franchise administration services, Countywide. (100% Pipeline Franchise Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract amendment with the National Council on Crime and Delinquency (NCCD) to extend the term from September 30, 2016 to March 31, 2017 with no change in the payment limit to provide evaluation and assessment of the County's Smart Probation program. (100% Federal Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Chief Information Officer, a blanket purchase order with Graybar Electric Company in an amount not to exceed $2,500,000 for the procurement of radio, telecommunications equipment and parts, as needed, for the period November 15, 2016 through December 31, 2017. (100% User fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to    November 15, 2016 Contra Costa County Board of Supervisors 11 C. 48 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Planet Technologies, Inc., effective December 1, 2016, to increase the payment limit by $50,000 to a new payment limit of $140,795 for additional professional information technology (IT) services to upgrade and enhance the department's Intranet and Shared Text Automated Retrieval System (STARS), and extend the term end date from June 30, 2017 to December 31, 2017. (45% Federal, 45% State, 10% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Martha D. Newman, in an amount not to exceed $300,000, to provide consultation and technical assistance to Contra Costa Regional Medical and Health Centers Public Hospital Redesign and Incentives in Medi-Cal program, for the period December 1, 2016 through November 30, 2017. (100% Hospital Enterprise Fund I)       CORRECTED TO READ: APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Martha D. Newman, in an amount not to exceed $300,000, $250,000 to provide consultation and technical assistance to Contra Costa Regional Medical and Health Centers Public Hospital Redesign and Incentives in Medi-Cal program, for the period December 1, 2016 through November 30, 2017. (100% Hospital Enterprise Fund I)   C. 50 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Contra Costa Economic Partnership Inc., effective October 31, 2016, to increase the payment limit by $140,000 to a new payment limit of $225,000, to expand the scope of work and continue promoting the East Bay Slingshot Initiative, and extend the term to April 1, 2016 through to June 30, 2017. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Alexander Gorodetsky, M.D., in an amount not to exceed $116,480, to provide outpatient psychiatric services at the West County Adult Mental Health Clinic, for the period January 1, 2017 through December 31, 2017. (100% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Applied Remedial Services, Inc., in an amount not to exceed $350,000, for removal and disposal of hazardous waste materials at Contra Costa Regional Medical Center and Health Centers, for the period January 1, 2017 through December 31, 2017. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Executive Search, Inc., in an amount not to exceed $170,000, to provide recruitment services for pharmacist candidates and specialized registered nurses for the Safety and Performance Improvement Department, for the period November 1, 2016 through October 31, 2017. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department,   November 15, 2016 Contra Costa County Board of Supervisors 12 C. 54 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order amendment with Food Service Partners, Inc. to add $500,000 for a new total amount not to exceed $1,574,003 for meals for patients and staff at the Contra Costa Regional Medical Center while the cafeteria and kitchen are being renovated, with no change in the term from April 1, 2016 through December 31, 2016. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mental Health Management I, Inc. (dba Canyon Manor), in an amount not to exceed $222,753, to provide mental health subacute care and treatment services, for the period July 1, 2016 through June 30, 2017. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sonja Robinson, R.N. (dba Healthcare Solutions USA), in an amount not to exceed $384,000, to provide consultation on utilization review, authorization and referral processes for Contra Costa Health Plan for the period December 1, 2016 through November 30, 2017. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 ACKNOWLEDGE receipt of notice from Walnut Creek Surgical Associates, Inc., requesting termination of their contract for general surgery services and APPROVE and AUTHORIZE the Health Services Director, or designee, to terminate this contract effective close of business on October 31, 2016, as agreed upon by both parties. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Diablo Valley Oncology and Hematology Medical Group, effective January 1, 2017, to increase the payment limit by $350,000 to a new payment limit of $2,350,000 to provide general surgery services in addition to hematology/oncology and urology services, with no change in the original term of August 1, 2016 through July 31, 2018. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to 1) execute purchase orders for food to be provided at Program Governance Meetings and 2) procure up to 200 $5 Safeway gift cards, with all expenses not to exceed $4,190 to use as incentives for focus group program participants of the Health Care for the Homeless Program, for the period November 1, 2016 through October 31, 2017. (100% Human Resources and Services Administration Grant)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to    November 15, 2016 Contra Costa County Board of Supervisors 13 C. 60 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Julia Dyckman Andrus Memorial, Inc., effective October 30, 2016, to increase the payment limit by $37,290 for a new payment limit of $170,460, and extend the term from October 31, 2016 to December 31, 2016 for additional trauma awareness training services. (58% State, 42% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Contra Costa ARC, effective November 1, 2016, to increase the payment limit by $17,700 to a new payment limit of $197,700 to provide additional units of mental health services to recipients of the CalWORKs program and their children, with no change in the original term of January 1, 2016 through December 31, 2016. (100% CalWORKs)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Good Source Solutions, Inc., to increase the payment limit by $150,000 to a new payment limit of $330,000 in order to provide packed food meals for Martinez Detention Facility in addition to supplying food products for the preparation of inmate meals at all three County adult detention facilities for the period April 1, 2016 through March 31, 2017. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 63 ACCEPT the Fiscal Year 2015/16 Park Impact and Park Dedication Fee Annual Report, as recommended by the Conservation and Development Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE amended Conflict of Interest Code for the Moraga Elementary School District, as recommended by the County Counsel.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE amended Conflict of Interest Code for the Lafayette School District, as recommended by the County Counsel.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 APPROVE amended Conflict of Interest Code for the Liberty Union High School District, as recommended by the County Counsel.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE amended Conflict of Interest Code for the Contra Costa Transportation Authority, as recommended by the County Counsel.      November 15, 2016 Contra Costa County Board of Supervisors 14    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE amended Conflict of Interest Code for the Contra Costa County Employees’ Retirement Association, as recommended by the County Counsel.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE the HVAC Upgrades Project at 40 Douglas Drive, Martinez, and related actions under the California Environmental Quality Act, as recommended by the Public Works Director. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE clarification of Board action of December 15, 2016 (Item C.61), which approved and authorized the Health Services Director to execute a contract with San Ramon Valley Fire Protection District for providing fire services based education, training, patient safety and quality improvement services, to change the term from December 15, 2015 through December 14, 2016, with no change in the original amount not to exceed $125,000. (100% Measure H funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE clarification of Board action of December 15, 2015 (Item C.60), which approved and authorized the Health Services Director to execute a contract with San Ramon Valley Fire Protection District for providing electronic patient care records hosting and support services, to change the term from December 15, 2015 to December 14, 2016, with no change in the original amount not to exceed $100,900. (100% Measure H funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 ABOLISH the Public and Environmental Health Advisory Board, as recommended by the Internal Operations Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on November 8, 2016, regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting November 15, 2016 Contra Costa County Board of Supervisors 15 Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets quarterly on the fourth Monday of the month at 12:30 p.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Federal D. Glover and John Gioia) meets on the second Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors John Gioia and Federal Glover) To be determined The Internal Operations Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the 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) November 15, 2016 Contra Costa County Board of Supervisors 16 meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee See above Finance Committee See above Hiring Outreach Oversight Committee See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee See above PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation 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 November 15, 2016 Contra Costa County Board of Supervisors 17 CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 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 November 15, 2016 Contra Costa County Board of Supervisors 18 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 November 15, 2016 Contra Costa County Board of Supervisors 19 RECOMMENDATION(S): 1. OPEN the public hearing on Ordinance No. 2016-22, RECEIVE testimony, and CLOSE the public hearing. 2. ADOPT Ordinance No. 2016-22, adopting the 2016 California Building Standard Codes, the 2016 California Residential Code, the 2016 California Green Building Standards Code, the 2016 California Electrical Code, the 2016 California Plumbing Code, the 2016 California Mechanical Code and the 2016 Existing Building Codes, with changes, additions and deletions. 3. ADOPT the attached findings in support of the County's changes, additions and deletions to the statewide codes. 4. DIRECT the publication of ordinance summary prepared by County Counsel and DIRECT the Clerk of the Board of Supervisors to publish a certified copy of the full text of the adopted ordinance in the office of the Clerk of the Board, in accordance with Government Code section 25124 (b). 5. DIRECT the Department of Conservation and Development, pursuant to Health and Safety Code section 17958.7, to send a certified copy of Ordinance No. 2016-22, the attached findings, and the Board Order to the California Department of Housing and Community Development and to the California Building APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Crapo, 925-674-7722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 2 To:Board of Supervisors From:Jason Crapo, County Building Official Date:November 15, 2016 Contra Costa County Subject:Hearing to Consider Adopting Ordinance No. 2016-22, Adopting the 2016 California Building Stanadards Code, as Modified November 15, 2016 Contra Costa County Board of Supervisors 20 RECOMMENDATION(S): (CONT'D) Standards Commission. 6. FIND that adoption of ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061 (b)(3). 7. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: None. BACKGROUND: The California Building Standards Commission has adopted the 2016 California Building Standards Code (CBSC), replacing the 2013 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, and Existing Building Codes. These statewide codes are effective January 1, 2017. The Department of Conservation and Development is responsible for enforcing the CBSC within the unincorporated area of Contra Costa County. The 2016 CBSC represents the new minimum required standards for new building construction in California. Health and Safety Code sections 17958.5 and 18941.5 authorizes a local jurisdiction to modify or change these codes and establish more restrictive building standards if the local jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic, geological or topographical conditions. The attached proposed ordinance would adopt the statewide codes and amend them to address local conditions. Staff has reviewed the statewide codes and recommends their adoption with a minimum of technical changes in all codes, except for several significant changes in the Green Building Standards Code related to electrical vehicle charging stations and construction and demolition debris recovery, which are further described below. The State did not adopt the new International Housing Codes, and therefore the 1997 Uniform Housing Code (UHC), with local amendments, continues as the adopted housing code for the County. The proposed Ordinance No. 2016-22 amends the statewide codes due to local climatic, geographical, and topographic conditions. These conditions are described in the attached Findings. The following are the substantive changes to the 2016 California Building Standards Code: Modifications to the 2016 California Building Code: More restrictive standards for some building foundations to better withstand seismic forces found in this region of California. This amendment is the same as the local amendment made to previous statewide code. Requires the installation of hard-wired smoke detectors in existing flat roof buildings when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. This amendment is the same as the local amendment made to previous statewide code. Modifications to the 2016 California Residential Code: Prohibits in single family dwellings and accessory structures braced wall panels that use gypsum wallboard and limits in single family dwellings and accessory structures the use of braced wall panels that use Portland Cement Plaster to dwellings and accessory structures of only one story, as these materials have performed poorly during recent California seismic events. This is the only new amendment, not made to the previous state-wide code. Modifications to the 2016 California Green Building Standards Code: Electric vehicle charging stations requirements. These amendments are the same as the local amendments made to the previous statewide code. The substantive amendments are as follows: For new multi-family buildings: Increase the required number of Electric Vehicle Charging Spaces ("EV spaces") to five percent of the total number of parking spaces provided, where three percent is the minimum required in the statewide code. Require a minimum of one EV space for every new multi-family building (three or moreNovember 15, 2016 Contra Costa County Board of Supervisors 21 Require a minimum of one EV space for every new multi-family building (three or more units) as opposed to statewide code which requires no EV spaces for multi-family buildings with fewer than 17 units. Require that Electric Vehicle Supply Equipment ("EVSE") be installed for each EV space in addition to the electrical infrastructure required by the statewide code. For new non-residential buildings: Required number of EV spaces in new construction shall provide fully operational EVSE as opposed to statewide code which requires electrical infrastructure only. Increase the required number of EV spaces for projects with more than nine parking spaces and less than 201 parking spaces. More restrictive construction waste reduction, disposal and recycling standards consistent with those presently enforced in the County. The County currently enforces Chapter 418-14 (Construction and Demolition Debris Recovery) of Division 418 (Refuse) of the County ordinance. Chapter 418-14 was written and adopted when the state-wide codes did not have any requirements regarding debris recovery. The ordinance amends the 2016 California Green Building Standards Code (CGBSC) to incorporate the more restrictive requirements from Chapter 418-14. Chapter 418-14 will be deleted in its entirety. The substantive amendments to the 2016 California Green Building Standards are as follows: Imposes the mandatory restrictions from Chapter 4 of the 2016 CGBSC on certain additional projects for existing residential buildings including: Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Deletes the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Requires that weight and not volume is used to measure the amount of the construction and demolition debris disposed and diverted. Requires that more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. Modifications to the 2016 California Existing Building Code: The amendments to the 2016 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended. CONSEQUENCE OF NEGATIVE ACTION: If the proposed ordinance is not approved, the County will not be able to adopt the 2016 California Building Standards Code as amended. CLERK'S ADDENDUM CLOSED the public hearing; ADOPTED Ordinance No. 2016-22, adopting the 2016 California Building Standard Codes, the 2016 California Residential Code, the 2016 California Green Building Standards Code, the 2016 California Electrical Code, the 2016 California Plumbing Code, the 2016 California Mechanical Code and the 2016 Existing Building Codes, with changes, additions and deletions; ADOPTED the findings in support of the County's changes, additions and deletions to the statewide codes. DIRECTED the publication of ordinance summary prepared by County Counsel and DIRECTED the Clerk of the Board of Supervisors to publish a certified copy of the full text of the adopted ordinance in the office of the Clerk of the Board; DIRECTED the Department of Conservation and Development, to send a certified copy of Ordinance No. 2016-22, the findings, and the Board Order to the California Department of Housing and Community Development and to the California Building Standards Commission; FOUND that adoption of ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061 (b)(3); DIRECTED staff to file a Notice of Exemption with the County Clerk. AGENDA ATTACHMENTS November 15, 2016 Contra Costa County Board of Supervisors 22 Ordinance No. 2016-22 Findings MINUTES ATTACHMENTS Signed Ordinance 2016-22 November 15, 2016 Contra Costa County Board of Supervisors 23 ORDINANCE NO. 2016-22 ADOPTION OF CALIFORNIA BUILDING STANDARDS CODES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adopts the 2016 California Building Code, the 2016 California Residential Code, the 2016 California Green Building Standards Code, the 2016 California Electrical Code, the 2016 California Plumbing Code, the 2016 California Mechanical Code, and the 2016 California Existing Building Code, with changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10. SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County Ordinance Code is amended to read: 74-2.002 Adoption. (a) The building code of this county is the 2016 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2016 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2016 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), and the 2016 California Existing Building Code (California Code of Regulations, Title 24, Part 10), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2016 California Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (c) The 2016 California Residential Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (d) The 2016 California Green Building Standards Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (e) The 2016 California Existing Building Code, with the changes, additions, and deletions ORDINANCE NO. 2016-22 1 November 15, 2016 Contra Costa County Board of Supervisors 24 set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (f) At least one copy of this building code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (g) As of the effective date of the ordinance from which this division is derived, the provisions of the building code are controlling and enforceable within the county. (Ords. 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5, 99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.) SECTION III. Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County Ordinance Code is amended to read: Chapter 74-4 MODIFICATIONS 74-4.002 Amendments to CBC. The 2016 California Building Code ("CBC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2016 California Building Code. (a) CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103, 109, 112, 113, 114, and 116 of CBC Chapter 1 are deleted. (2) In Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is amended to read: 4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids. (3) Section 107.1 (Submittal Documents - General) of CBC Chapter 1 is amended by deleting the exception. (4) Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read: ORDINANCE NO. 2016-22 2 November 15, 2016 Contra Costa County Board of Supervisors 25 107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (5) Section 110.1 (Inspections - General) of CBC Chapter 1 is amended by adding the following to the end of that section: At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section 907.2.11.9 (Existing Group R Occupancies) of CBC Chapter 9 (Fire Protection Systems) is amended to read: 907.2.11.9 Existing Group R Occupancies. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (c) Section 1406.5 is added to Section 1406 (Combustible Materials on the Exterior Side of Exterior Walls) of CBC Chapter 14 (Exterior Walls), to read: 1406.5 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated unless there is a minimum of 10 feet from the exterior wall (including shakes or shingles) to the property line of all sides, except for any sides of exterior walls facing the street. ORDINANCE NO. 2016-22 3 November 15, 2016 Contra Costa County Board of Supervisors 26 (d) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pound per square inch (psi) (17.2 Mpa). (e) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted. (f) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3. (g) Section 1906 (Structural Plain Concrete) of CBC Chapter 19 (Concrete) is deleted. (h) Section 1907.l (Minimum Slab Provisions - General) of CBC Chapter 19 (Concrete) is amended by adding the following sentence to that section: Slabs shall have 6-inch by 6-inch by 10-gauge wire mesh or equal at mid-height. (i) Appendix C and Appendix I of the CBC are incorporated into the County building code. Appendix A, Appendix B, Appendix D, Appendix E, Appendix F, Appendix G, Appendix H, Appendix J, Appendix K, Appendix L, and Appendix M of the CBC are excluded from the County building code. (Ords. 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3, 2007-54 § 4, 2002-31 § 3, 99- 17 § 6, 99-1, 90-100 § 6, 87-55 § 5, 80-14 § 6, 74-30 § 1.) 74-4.004 Amendments to CRC. The 2016 California Residential Code ("CRC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2016 California Residential Code. (a) Sections R103, R108, R111, R112, R113, and R114 of CRC Chapter 1 (Scope and Application) are deleted. (b) In Section Rl05.2 (Work exempt from permit) of CRC Chapter 1 (Scope and Application), subsection 3 is amended to read: 3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a ORDINANCE NO. 2016-22 4 November 15, 2016 Contra Costa County Board of Supervisors 27 liquids. (c) Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows: (1) The title of Table R602.10.3(3) is amended to read: TABLE R602.10.3(3)f (2) Footnote "f" is added to Table R602.10.3(3), to read: f. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures. (d) Section R602.10.4.4 is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read: R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures. (e) Appendix H of the CRC is incorporated into the County building code. Appendix A, Appendix B, Appendix C, Appendix D, Appendix E, Appendix F, Appendix G, Appendix I, Appendix J, Appendix K, Appendix L, Appendix M, Appendix N, Appendix O, Appendix P, Appendix Q, Appendix R, Appendix S, Appendix T, Appendix U, Appendix V, and Appendix W of the CRC are excluded from the County building code. (Ords. 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3.) 74-4.006 Amendments to CGBSC. The 2016 California Green Building Standards Code ("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2016 California Green Building Standards Code. (a) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended to read: Section 301.1.1 Additions and alterations. The mandatory provisions of ORDINANCE NO. 2016-22 5 November 15, 2016 Contra Costa County Board of Supervisors 28 Chapter 4 shall apply to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings: 1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. 2. Alterations to existing structures impacting 5,000 square feet or more of total combined conditioned and unconditioned building area. 3. Demolition projects when a demolition permit is required. Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety. For the purposes of determining whether a project meets the 5,000 square-foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single or adjoining parcel(s) as a single project. Note: On and after January 1, 2014, residential buildings undergoing permitted alterations, additions or improvements shall replace noncompliant plumbing fixtures with water-conserving plumbing fixtures. Plumbing fixture replacement is required prior to issuance of final completion, certificate of occupancy or final permit approval by the local building department. See Civil Code Section 1101.1, et seq., for the definition of a noncompliant plumbing fixture, types of residential buildings affected and other important enactment dates. (b) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read: Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply to additions, alterations, and demolition whenever a permit is required for work. Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety. ORDINANCE NO. 2016-22 6 November 15, 2016 Contra Costa County Board of Supervisors 29 (c) Section 4.106.4.2 (New multifamily dwellings) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.106.4.2 New multifamily dwellings. For any new multifamily dwelling other than a dwelling type specified in Section 4.106.4.1, at least five percent of the total number of parking spaces provided for all types of parking facilities, but in no case no less than one parking space, shall be electric vehicle charging spaces (EV spaces). Each EV space shall be equipped with fully operational electric vehicle supply equipment (EVSE). The location of each EV space shall be identified on construction documents. Calculations to determine the number of EV spaces shall be rounded up to the nearest whole number. (d) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2. Exceptions: 1. Excavated soil and land-clearing debris. 2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion or recycling facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite. (e) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. ORDINANCE NO. 2016-22 7 November 15, 2016 Contra Costa County Board of Supervisors 30 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. 5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall make reasonable efforts to ensure that all construction and demolition debris diverted or disposed are measured and recorded using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (f) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted. (g) Section 4.408.4 (Waste stream reduction alternative [LR]) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.4 Waste stream reduction alternative [LR]. Projects that generate a total combined weight of construction and demolition waste disposed of in landfills which does not exceed 3.4 pounds per square foot of the building areas shall meet the minimum 65 percent construction waste reduction requirement in Section 4.408.1. The exceptions in Section 4.408.1 shall not apply to this alternative. ORDINANCE NO. 2016-22 8 November 15, 2016 Contra Costa County Board of Supervisors 31 (h) Section 4.408.4.1 (Waste stream reduction alternative) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.4.1 Waste stream reduction alternative. Projects that generate a total combined weight of construction and demolition waste disposed of in landfills which does not exceed 2 pounds per square foot of the building areas shall meet the minimum 65 percent construction waste reduction requirement in Section 4.408.1. The exceptions in Section 4.408.1 shall not apply to this alternative. (i) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following: 1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section 4.408.2, Item 5, and receipts or written certification from all facilities and waste management companies utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or 2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity by weight of each material type disposed and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all facilities and waste management companies utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report. (j) Section 5.106.5.3 (Electric vehicle (EV) charging) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: ORDINANCE NO. 2016-22 9 November 15, 2016 Contra Costa County Board of Supervisors 32 Section 5.106.5.3 Electric vehicle (EV) charging. [N] New nonresidential construction shall comply either with Section 5.106.5.3.1 or Section 5.106.5.3.2, whichever is applicable, and provide the required number of fully operational EV charging spaces (EV spaces). Each EV space shall be installed in accordance with the California Building Code and California Electrical Code, and the requirements of Section 5.106.5.3.1 or Section 5.106.5.3.2, whichever is applicable. (k) Section 5.106.5.3.1 (Single charging space requirements) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.1 Single charging space requirements. [N] If Table 5.106.5.3.3 requires only one EV space for new nonresidential construction, one fully operational EV space must be installed in accordance with the California Electrical Code. The construction plans and specifications for the new nonresidential construction must satisfy the following requirements: 1. The type and location of the EVSE must be identified on the plans and specifications. 2. The plans and specifications must establish that each raceway is not less than trade size one inch. 3. Each, and at least one, listed raceway capable of accommodating a 208/240-volt dedicated branch circuit must be identified on the plans and specifications. 4. Each raceway must originate at a service panel or subpanel serving the area where the EVSE will be located, and must terminate at the location of the required charging equipment and into a listed, suitable cabinet, box, enclosure, or equivalent structure. 5. Each service panel or subpanel must have sufficient capacity to accommodate a minimum 40-ampere dedicated branch circuit for the EVSE. (l) Section 5.106.5.3.2 (Multiple charging space requirements) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.2 Multiple charging space requirements. [N] If Table 5.106.5.3.3 requires more than one EV space for new nonresidential construction, the number of fully operational EV spaces specified in Table 5.106.5.3.3 must be installed in accordance with the California Electrical Code. The construction plans ORDINANCE NO. 2016-22 10 November 15, 2016 Contra Costa County Board of Supervisors 33 and specifications for the new nonresidential construction must satisfy the following requirements: 1. The type and location of the EVSE must be identified on the plans and specifications. 2. Each raceway must originate at a service panel or subpanel serving the area where the EVSE will be located, and must terminate at the location of the required charging equipment and into a listed, suitable cabinet, box, enclosure, or equivalent structure. 3. Each service panel or subpanel must have sufficient capacity to accommodate a minimum 40-ampere dedicated branch circuit for the EVSE. 4. The plans and specifications must include electrical calculations to substantiate that the design of the electrical system, including the rating of equipment and any onsite distribution transformers, has sufficient capacity to simultaneously charge EVs at all required EV spaces at their full-rated amperage. 5. Each service panel or subpanel must have sufficient capacity to accommodate the required number of dedicated branch circuits for the EVSE that will be installed. (m) Section 5.106.5.3.3 (EV charging space calculation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.3 EV charging space calculations. [N] The required number of charging spaces with EVSE for new nonresidential construction must be calculated in accordance with Table 5.106.5.3.3. Exception: On a case-by-case basis, the building official may require new construction to include fewer EV charging spaces than would otherwise be required by Table 5.106.5.3.3, or require no spaces, if the building official determines either of the following: 1. There is insufficient electrical supply to the new construction to adequately serve the required number of EV charging spaces. 2. The cost of the new construction will be substantially adversely impacted by any local utility infrastructure design requirements ORDINANCE NO. 2016-22 11 November 15, 2016 Contra Costa County Board of Supervisors 34 that are directly related to the installation of the required number of EV charging spaces. TABLE 5.106.5.3.3 NONRESIDENTIAL CHARGING SPACE CALCULATION TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED EV CHARGING SPACES 1—9 0 10—25 2 26—50 3 51—75 5 76—100 6 101—200 12 201 and over 6%* *Calculation for spaces shall be rounded up to the nearest whole number (n) Section 5.106.5.3.4 (Identification) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.4 [N] Identification. Each service panel or subpanel circuit directory must identify the reserved overcurrent protective device space or spaces for EV charging as "EV CAPABLE." Each raceway termination location must be permanently and visibly marked "EV CAPABLE." (o) Section 5.106.5.3.5 of Chapter 5 of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.5 [N] Each EV charging space required by Section 5.106.5.3.3 shall be counted as one designated parking space required by Section 5.106.5.2. (p) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read: Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1. Exceptions: 1. Excavated soil and land-clearing debris. ORDINANCE NO. 2016-22 12 November 15, 2016 Contra Costa County Board of Supervisors 35 2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion or recycling facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite. (q) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. 5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall make reasonable efforts to ensure that all construction and demolition debris diverted or disposed are measured and recorded using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and ORDINANCE NO. 2016-22 13 November 15, 2016 Contra Costa County Board of Supervisors 36 demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (r) Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted. (s) Section 5.408.1.3 (Waste stream reduction alternative) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.3 Waste stream reduction alternative. Projects that generate a total combined weight of new construction disposal that does not exceed two pounds per square foot of building area may be deemed to meet the 65 percent minimum requirement if approved by the enforcing agency. The exceptions in Section 5.408.1 shall not apply to this alternative. (t) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following: 1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section 5.408.1.1, Item 5, and receipts or written certification from all facilities and waste management companies utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or 2. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity by weight of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or ORDINANCE NO. 2016-22 14 November 15, 2016 Contra Costa County Board of Supervisors 37 written certification from all facilities and waste management companies utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report. (Ords. 2016-22 § 3, 2015-22 § 2.) 74-4.008 Amendments to CEBC. The 2016 California Existing Building Code ("CEBC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2016 California Existing Building Code (a) CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103, 108, 111, 112, 113, and 115 of CEBC Chapter 1 are deleted. (2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 is amended by deleting the exception. (3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 is amended to read: 106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (4) Section 109.1 (Inspections - General) is amended by adding the following to the end of that section: At the time of first inspection by the county building official, a California ORDINANCE NO. 2016-22 15 November 15, 2016 Contra Costa County Board of Supervisors 38 licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (Ord. 2016-22 § 3.) SECTION IV. Section 76-2.002 (Adoption) of Division 76 (Electrical Code) of the County Ordinance Code is amended to read: 76-2.002 Adoption. (a) The electrical code of this county is the 2016 California Electrical Code (California Code of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2016 California Electrical Code, with the changes, additions, and deletions set forth in Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this electrical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the electrical code are controlling and enforceable within the county. (Ords. 2016-22 § 4, 2013-24 § 4, 2011-03 § 4, 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2, 82-23 § 2, 79-67, 76-24.) SECTION V. Article 76-4.2 (Amendments) of Division 76 (Electrical Code) is deleted in its entirety and reserved for future use. SECTION VI. Section 78-2.002 (Adoption) of Division 78 (Plumbing Code) of the County Ordinance Code is amended to read: 78-2.002 Adoption. (a) The plumbing code of this county is the 2016 California Plumbing Code (California Code of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set forth in Division 72. ORDINANCE NO. 2016-22 16 November 15, 2016 Contra Costa County Board of Supervisors 39 (b) The 2016 California Plumbing Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this plumbing code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the plumbing code are controlling and enforceable within the county. (Ords. 2016-22 § 6, 2013-24 § 5, 2011-03 § 5, 2007-54 § 6, 2002-31 § 5, 99-17 § 12, 74-29.) SECTION VII. Section 710-2.002 (Adoption) of Division 710 (Mechanical Code) of the County Ordinance Code is amended to read: 710-2.002 Adoption. (a) The mechanical code of this county is the 2016 California Mechanical Code (California Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and deletions set forth in Division 72. (b) The 2016 California Mechanical Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this mechanical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the mechanical code are controlling and enforceable within the county. (Ords. 2016-22 § 7, 2013-24 § 6, 2011-03 § 6, 2007-54 § 7, 2002-31 § 6, 99-17 § 13, 88-91 § 5, 74-31.) SECTION VIII. Chapter 418-14 (Construction and Demolition Debris Recovery) of Division 418 (Refuse) of the County Ordinance Code is deleted in its entirety. SECTION IX. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2016 California Building Code, Residential Code, Green Building Code, Plumbing Code, Electrical Code, Mechanical code, or Existing Building Code as adopted and amended herein is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom ORDINANCE NO. 2016-22 17 November 15, 2016 Contra Costa County Board of Supervisors 40 any portion or provision as may be declared invalid. SECTION X. EFFECTIVE DATE. This ordinance becomes effective on January 1, 2017 or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the Contra Costa Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it. PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________[SEAL] Deputy KCK: H:\DCD\2016\Building Code Ordinance\Building Code Adoption Ord - final.wpd ORDINANCE NO. 2016-22 18 November 15, 2016 Contra Costa County Board of Supervisors 41 November 15, 2016 Contra Costa County Board of Supervisors 42 November 15, 2016 Contra Costa County Board of Supervisors 43 November 15, 2016 Contra Costa County Board of Supervisors 44 November 15, 2016 Contra Costa County Board of Supervisors 45 November 15, 2016 Contra Costa County Board of Supervisors 46 November 15, 2016 Contra Costa County Board of Supervisors 47 November 15, 2016 Contra Costa County Board of Supervisors 48 November 15, 2016 Contra Costa County Board of Supervisors 49 November 15, 2016 Contra Costa County Board of Supervisors 50 November 15, 2016 Contra Costa County Board of Supervisors 51 November 15, 2016 Contra Costa County Board of Supervisors 52 November 15, 2016 Contra Costa County Board of Supervisors 53 November 15, 2016 Contra Costa County Board of Supervisors 54 November 15, 2016 Contra Costa County Board of Supervisors 55 November 15, 2016 Contra Costa County Board of Supervisors 56 November 15, 2016 Contra Costa County Board of Supervisors 57 November 15, 2016 Contra Costa County Board of Supervisors 58 November 15, 2016 Contra Costa County Board of Supervisors 59 FINDINGS FOR ORDINANCE NO. 2016-22 1 CONTRA COSTA COUNTY FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS TO STATEWIDE BUILDING STANDARDS CODE The California Building Standards Commission has adopted and published the 2016 Building Standards Code, which is comprised of the 2016 California Building, Residential, Green Building Standards, Electrical, Plumbing, Mechanical and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development. Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological or topographical conditions. For the California Green Building Standards Code, local climatic, geological, or topographical conditions include local environmental conditions. Ordinance No. 2016-22 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2016-22 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below. I. Local Conditions A. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is located in Seismic Design Categories D and E, which designates the highest risk for earthquakes in the United States. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is in close proximity to numerous earthquake faults including the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. A study released in 2015 by the Working Group of California Earthquake Probabilities predicts that for the San Francisco region, November 15, 2016 Contra Costa County Board of Supervisors 60 FINDINGS FOR ORDINANCE NO. 2016-22 2 the 30 year likelihood of one or more earthquake of 6.7 or larger magnitude is 72%. The purpose of this Working Group is to develop statewide, time-dependent Earthquake Rupture Forecasts for California that use best available science, and are endorsed by the United States Geological Survey, the Southern California Earthquake Center, and the California Geological Survey. Scientists, therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more than twice as likely to occur as to not occur in, approximately, the next 30 years. Interstates 680, 80, 580 and State Route 4 run the length throughout Contra Costa County. These interstates and state routes divide the County into a west, south, north and east. An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment. This is due to limited crossings of the interstate and that in some areas there is only one surface street, which runs parallel to the interstate, which would be congested during a significant emergency. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities and to gas and electrical lines in buildings, which in turn start fires throughout the County. The occurrence of multiple fires will quickly deplete existing fire department resources; thereby reducing and/or delaying their response to any given fire. (b) Impact A major earthquake could severely restrict the response of all Contra Costa County Fire Districts and their capability to control fires involving buildings of wood frame construction, with ordinary roofing materials and flammable exteriors, or with large interior areas not provided with automatic smoke and fire control systems. Also, when buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces, necessitates adopting stricter structural construction standards. More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would not negatively impact the County’s infrastructure or public safety resources in the event of a major earthquake. 2. Soils (a) Conditions The area is replete with various soils, which are unstable, clay loam and alluvial fans November 15, 2016 Contra Costa County Board of Supervisors 61 FINDINGS FOR ORDINANCE NO. 2016-22 3 being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy. Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable so as to prevent fire protection resources from reaching fires caused by gas line ruptures or other sources. 3. Topographic (a) Conditions i) Vegetation Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six (6) to eight (8) months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources. ii) Surface Features The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas. iii) Buildings, Landscaping, and Terrain Many of the newer large buildings and building complexes have building access and landscaping features and designs, which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates and roads of inadequate width and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts. November 15, 2016 Contra Costa County Board of Supervisors 62 FINDINGS FOR ORDINANCE NO. 2016-22 4 When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires that fire personnel both in numbers and in stamina. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts. In existing structures where pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel. (b) Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are created by natural gas developed from gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwellings that were caused by broken gas lines. Other variables may tend to intensify the situation: 1. The extent of damage to the water system 2. The extent of isolation due to bridge and/or freeway overpass collapse. 3. The extent of roadway damage and/or amount of debris blocking the roadways. 4. Climatic condition (hot, dry weather with high winds). 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. 6. The availability of timely mutual aid or military assistance. 7. The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations. 8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations. More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would not impact the availability of the County’s fire or public safety resources. B. Climatic 1. Precipitation and Relative Humidity November 15, 2016 Contra Costa County Board of Supervisors 63 FINDINGS FOR ORDINANCE NO. 2016-22 5 (a) Conditions Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety-six (96) percent falls during the months of October through April and four (4) percent from May through September. This is a dry period of at least five (5) months each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from forty- five (45) to sixty-five (65) percent during spring, summer, fall, and from sixty (60) to ninety (90) percent in the winter. It occasionally falls as low as fifteen (15) percent. (b) Impact Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single family residence during these dry periods. Because of dryness, a rapidly burning gas fire or exterior building fine can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss. 2. Greenhouse Gas Emissions (a) Conditions The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “mobile sources” (all on -road vehicles such as automobiles and trucks; off-road vehicles such as trains, ships, aircraft; and farm equipment) as a primary pollution source. According to the 2016 statewide inventory, the transportation sector remains the largest source of greenhouse gas emissions, accounting for 36% of the total greenhouse gas emissions. Emissions from recycling and waste, comprising of 2% of the total greenhouse gas emissions, have grown by 19% since 2000, and 94% of that amount are landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal. Contra Costa County also completed a local greenhouse gas emissions inventory as well November 15, 2016 Contra Costa County Board of Supervisors 64 FINDINGS FOR ORDINANCE NO. 2016-22 6 as a community-wide Climate Action Plan. The County’s Climate Action Plan contains measures reducing greenhouse gas emissions pertaining to renewable fuel vehicles and reducing disposal for the purpose of reducing greenhouse gas emissions. (b) Impact More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy and recycling goals. 3. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County. (b) Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures. Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered. More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would not have a negative impact on the temperature conditions within the County. November 15, 2016 Contra Costa County Board of Supervisors 65 FINDINGS FOR ORDINANCE NO. 2016-22 7 4. Winds (a) Conditions Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach fourteen (14) mph to twenty-three (23) mph ranges, gusting to twenty-five (25) to thirty-five (35) mph. Forty (40) mph winds are experienced occasionally and winds up to fifty-five (55) mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry condition s. (b) Impact Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut-off devices to shut off gas when pipes are ruptured, or lacking proper electrical systems. National statistics frequently cit e wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would not have a negative impact on the wind conditions within the County. II. Necessity of More Restrictive Standards Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the increased fire protection and structural and design load requirements set forth in Ordinance No. 2016-22. November 15, 2016 Contra Costa County Board of Supervisors 66 FINDINGS FOR ORDINANCE NO. 2016-22 8  The ordinance amends the 2016 California Building Code by: o Requiring the installation of a smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (§ 74-4.002(b).) o Requiring most wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(c).) o Requiring special inspections for concrete at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-4.002(d).) o Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).) o Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(f).)  The ordinance amends the 2016 California Residential Code by: o Prohibiting in single family dwellings and accessory structures braced wall panels that use gypsum wallboard and by limiting in single family dwellings and accessory structures the use of braced wall panels that use Portland Cement Plaster to dwellings of only one story buildings, as these materials have performed poorly during recent California seismic events. (§74-4.004(c), and §74-4.004(d).)  The ordinance amends the 2016 California Green Building Standards Code by: o Imposing more restrictive electric vehicle charging standards consistent with those presently enforced in the County, as follows:  For new multi-family buildings:  Increase the required number of Electric Vehicle Charging Spaces (“EV spaces”) to five percent of the total number of parking spaces provided, where three percent is the minimum required in the statewide code. (§ 74-4.006(c).)  Require a minimum of one EV space for every new multi-family building (three or more units) as opposed to statewide code which requires no EV spaces for multi- family buildings with fewer than 17 units. (§ 74-4.006(c).)  Require that Electric Vehicle Supply Equipment (“EVSE”) be installed for each EV space in addition to the electrical infrastructure required by the statewide code. (§ 74-4.006(c).)  For new non-residential buildings:  Required number of EV spaces in new construction shall provide fully operational EVSE as opposed to statewide code which requires electrical infrastructure only. ((§ 74-4.006(j), §74-4.006(k), and § 74-4.006(l).) November 15, 2016 Contra Costa County Board of Supervisors 67 FINDINGS FOR ORDINANCE NO. 2016-22 9  Increase the required number of EV spaces for projects with more than nine parking spaces, and less than 201 parking spaces. (§ 74-4.006(m).) o Imposing more restrictive construction waste reduction, disposal and recycling standards consistent with those presently enforced in the County as follows:  Imposing the mandatory restrictions from Chapter 4 of the 2016 CGBSC on certain projects for existing residential buildings, including:  Projects that increase the total combined conditioned and unconditioned building area by 5000 square feet or more. ((§ 74-4.006(a).)  Projects that impact 5000 square feet or more of the total combined conditioned and unconditioned building area. ((§ 74-4.006(a).)  Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-4.006(a), and § 74- 4.006(b).)  Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. ((§ 74- 4.006(d).)  Requiring that weight and not volume is used to measure the amount of the construction and demolition debris disposed and diverted. (§ 74-4.006(e), and § 74-4.006(q).)  Requiring that more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(i), and § 74-4.006(t).)  The amendments to the 2016 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended. November 15, 2016 Contra Costa County Board of Supervisors 68 RECOMMENDATION(S): CONSIDER adopting a position on two identical bills, Senate Bill X 1-1 (Beall/Senate District 15) and Assembly Bill X 1-26 (Frazier/11th Assembly District), both the Transportation Infrastructure and Economic Investment Act, which will increase revenues for transportation infrastructure purposes through tax and fee increases, streamline project delivery through environmental review process revisions, and other protective actions relative to transportation revenue. FISCAL IMPACT: There is no fiscal impact related to adopting a position on the bill. The state legislative analysis finds the following impact if the bill(s), as they were structured as of August 26, 2016, were to be enacted: "For an average driver, using a typical vehicle value, average fuel efficiency, and driving 12,000 miles per year, the extra fees and taxes will result in direct cost increases of about $130/yr. Individuals who use more gas or diesel will pay more. By way of comparison, the slump in gasoline prices from their high of $4.25 in the middle of 2014 to about $3.25 per gallon today will reduce gas costs for the average driver by over $500/yr. if prices stay at current levels." BACKGROUND: (Staff comment: This report was largely written prior to: 1] Measure X's outcome from the November 8th election being known {it was not approved}, and 2] knowing whether or not the state legislature will reconvene as has been speculated. Some or all assertions or information below may need to be adjusted depending on these variables.) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: John Cunningham (925)674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Steve Kowalewski, Lara Delaney, Mark Watts, Abigail Fateman D. 3 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:November 15, 2016 Contra Costa County Subject:CONSIDER adopting a position on two identical bills, SB X 1-1 and AB X 1-26 (Transportation Infrastructure and Economic Investment Act) November 15, 2016 Contra Costa County Board of Supervisors 69 BACKGROUND: (CONT'D) > In the past two years there has been a substantial amount of dialog regarding the need for additional road maintenance funding at the Transportation, Water, and Infrastructure Committee (TWIC), the Board of Supervisors (BOS), and the Contra Costa Transportation Authority (CCTA). The dialog has been primarily generated by: 1) preparations to bring Measure X to the November 2016 ballot, 2) efforts at the state to generate additional revenue for transportation, and more directly 3) the well-documented need for additional transportation infrastructure maintenance funding. Prior Analysis/Reports Establishing the Need for Additional Maintenance Funding 2015/16 - Measure X Preparations: In September 2015, staff submitted a detailed report to the BOS on the status of road maintenance needs in the unincorporated area relative to potential new local revenues (as the BOS was commenting on what would become Measure X), and potential new state revenues (now reflected in the subject legislation). The analysis and data in the September 2015 report is still relevant in the current dialog. A substantial amount of background and information from the State, the Metropolitan Transportation Commission (MTC), and the Contra Costa County Public Works Department is included in that report and can be found at the link below under the heading, "5] Maintenance and the Local Streets Maintenance and Improvements Program ": *http://64.166.146.245/docs/2015/BOS/20150915_640/650_09-15-15_826_AGENDApacket.pdf#page=136) In summary, that report indicated that the MTC 24-year analysis which reviewed how much funding is necessary to bring roads up to a state of good repair, indicated a revenue shortfall in unincorporated Contra Costa County of approximately $179 million in pavement needs. If related, non-pavement needs are included ($263 million), that shortfall increases to $442 million. In addition to the MTC projections, Contra Costa County Public Works Department closely tracks pavement conditions in the unincorporated area. Their data indicates an even larger shortfall than the MTC data. April 2016 - Report to TWIC Regarding State Gas Tax Reductions: In 2010, in response to AB x8 6 and SB 70 (collectively known as the fuel tax "swap"*), the California State Board of Equalization (BOE) was charged with setting the excise tax on gasoline. The BOE uses forecasts to try and ensure that the "swap" remains revenue neutral over a three year period. At the end of the three year period there is a "true up" exercise whereby there is an adjustment to compensate for inaccuracies in the forecasting. In 2016/17, the BOE voted to lower the excise tax rate to compensate for forecasting inaccuracies. This adjustment resulted in a $750 million reduction in the Statewide Transportation Improvement Program and a corresponding decrease in funding to local jurisdictions. As a result of this decrease Public Works is forced to delay project delivery. The details of the reductions and project delays can be seen in the April 2016 TWIC report here: (http://64.166.146.245/docs/2016/TWIC/20160414_776/786_4-14-2016%20TWIC%20Agenda%20Packet.pdf#page=50) It is important to note that the subject legislation proposes to end the fuel tax swap true up process reducing revenue volatility. * A video explaining the fuel tax swap is available from the Board of Equalization here: https://www.boe.ca.gov/taxprograms/excise_gas_tax.htm Update At the time of the submission of this report, it is staff's understanding that the Legislature will reconvene sometime after the November 8th election, with potential bills introduced the third week of the month, and final action the last week. Staff will bring updated information forward as necessary at the November 15th Board of Supervisors meeting. Attached is a report (November TWIC Report) from the County's consulting legislative advocate, Mark Watts, to the Transportation, Water, and Infrastructure Committee primarily discussing the procedural and schedule issues with the anticipated special session of the Legislature. Also attached is the Executive Summary from the 2016 California Statewide Local Streets & Roads Needs Assessment distributed by the California State Association of Counties (CSAC): (2016 Local Streets & Roads - Exec Summary.pdf). The report is put out by a coalition of organizations including CSAC, the League of Cities, County Engineers Association of California, California Regional Transportation Planning Agencies, the California Rural Counties Task Force, the Metropolitan Transportation Commission, and the County of Los Angeles, Department of Public Works. Also attached is a fact sheet summarizing much of the information addressed in this report: CCCStreetRoadFunding.pdf. Below is a summary of the subject/attached bills developed by Mr. Watts: Frazier – Beall Transportation Funding Package A $7.4 billion annual funding package to repair and maintain our state and local roads, improve our trade corridors, and support public transit and active transportation. A $706 million repayment of outstanding transportation loans for state and local roads. Eliminates the BOE “true up” that causes funding uncertainty and is responsible for drastic cuts to regional transportation projects. Indexes transportation taxes and fees to the California CPI in order to keep pace with inflation. Reforms and accountability for state and local governments to protect taxpayers. Streamlines transportation project delivery to help complete projects quicker and cheaper. Protects transportation revenue from being diverted for non-transportation purposes. * Helps local governments raise revenue at home to meet the needs of their communities.* New Annual Funding November 15, 2016 Contra Costa County Board of Supervisors 70 State -- $2.9 billion annually for maintenance and rehabilitation of the state highway system. Locals -- $2.5 billion annually for maintenance and rehabilitation of local streets and roads. Regions -- $534 million annually to help restore the cuts to the State Transportation Improvement Program (STIP). Transit -- $516 million annually for transit capital projects and operations. Freight -- $900 million annually for goods movement. Active Transportation -- $80 million annually, with up to $150 million possible through Caltrans efficiencies, for bicycle and pedestrian projects. Constitutional Amendment to help locals raise funding at home by lowering the voter threshold for transportation tax measures to 55 percent.* Reforms and Accountability Restores the independence of the California Transportation Commission (CTC). Creates the Office of Transportation Inspector General to oversee all state spending on transportation. Increases CTC oversight and approval of the State Highway Operations and Protection (SHOPP) program. Requires local governments to report streets and roads projects to the CTC and continue their own funding commitments to the local system. Streamlining Project Delivery Permanently extends existing CEQA exemption for improvements in the existing roadway. Permanently extends existing federal NEPA delegation for Caltrans. Creates an Advance Mitigation program for transportation projects to help plan ahead for needed environmental mitigation. New Annual Funding Sources Gasoline Excise Tax -- $2.5 billion (17 cents per gallon increase) End the BOE "true up" -- $1.1 billion Diesel Excise Tax -- $900 million (30 cents per gallon increase) Vehicle Registration Fee -- $1.3 billion ($38 per year increase) Zero Emission Vehicle Registration Fee -- $16 million ($165 per year starting in 2nd year) Truck Weight Fees -- $1 billion (Return to transportation over five years) Diesel Sales Tax -- $216 million (3.5% increase) Cap and Trade -- $300 million (from unallocated C&T funds) Miscellaneous transportation revenues -- $149 million Keeping Promises and Protecting Revenues One-time repayment of outstanding loans from transportation programs over two years. ($706 million) Return of truck weight fees to transportation projects over five years. ($1 billion) Constitutional amendment to ensure new funding cannot be diverted for non-transportation uses. *These provisions will be in companion bills. Transportation, Water, and Infrastructure Committee (TWIC) Input TWIC had a discussion on the subject legislation at their October 13, 2016 meeting. While the bill language was not final at the time, the Committee expressed concerns about the scale of the fee and tax increases shown in the current version of the bill. As noted in the attached report from Mr. Watts, Senator Beall has been considering a reduced version of the Senate Bill. Staff is anticipating bringing additional detail on both Bills to the November 15, 2016, Board of Supervisors Meeting (BOS). Recognizing that the bills were likely to evolve, the Committee directed staff to bring the bills to the full BOS for consideration. As discussed at TWIC, staff from the East Contra Costa Habitat Conservancy and the County's consulting legislative advocate are addressing advance mitigation issues as needed. Registered Opposition AAA of Northern California Auto Club of Southern California CalTax Howard Jarvis Taxpayers Association Registered Support Alameda Corridor-East Construction Authority Alta Vista Solutions American Council of Engineering Companies of California Arup Blackburn Consulting Blair, Church & Flynn Consulting Engineers Brelje & Race California Asphalt Pavement Association California Association of Council of Governments California State Association of Counties California State Council of Laborers California Transit Association November 15, 2016 Contra Costa County Board of Supervisors 71 CDM Smith, Inc. CEI Engineering Associates, Inc. City/County Association of Governments of San Mateo County Covello Group The CSW/Stuber-Stroeh Engineering Group, Inc. Diaz Yourman & Associates Guida Surveying Inc. Hatch Mott MacDonald HMH Engineers Huitt-Zollars Humboldt; County of ILS Associates Civil Engineering and Land Survey Infrastructure Engineering Corporation Inland Foundation Engineering JLB Traffic Engineering Kimley-Horn Kleinfelder KPFF Lane Engineers Lawrence Nye Carlson Associates League of California Cities Leighton Consulting, Inc. Leptien, Cronin, Cooper, Morris & Poore, Inc. Long Beach; City of Los Angeles; City of Michael Baker International MNS Engineers Morton & Pitalo, Inc. MTC Nasland Engineering Ninyo & Moore Oakland; City of Professional Engineers in California Government Quad Knopf Rau and Associates Rick Engineering Company Rural County Representatives of California SA Associates SACOG SCAG Sacramento; City of Santa Ana; City of Santa Clara County Board of Supervisors Santa Cruz; County of San Francisco; City of San Jose; City of Silicon Valley Leadership Group Southern California Association of Governments Sukow Engineering Tri City Engineering Towill, Inc. Transportation Agency for Monterey County Ventura County Transportation Commission Wagner Engineering & Survey Yeh and Associates, Inc. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County would not have a position on the bills. CLERK'S ADDENDUM NO ACTION TAKEN AGENDA ATTACHMENTS November TWIC Report (NOVEMBER 4, 2016) 2016LocalStreetsRoads-ExecSummary CCCStreetRoadFunding.pdf Assembly Bill X 1-26 (AUGUST 30, 2016) Senate Bill X 1-1 Text (AUGUST 29, 2016) November 15, 2016 Contra Costa County Board of Supervisors 72 MINUTES ATTACHMENTS PowerPoint Presentation November 15, 2016 Contra Costa County Board of Supervisors 73 Smith, Watts &Hartmann , LLC. Consulting and Governmental Relations 925 L Street, Suite 220  Sacramento, CA 95814 Telephone: (916) 446-5508  Fax: (916) 266-4580 MEMORANDUM TO: Contra Costa County Transportation, Water, and Infrastructure Committee FROM: Mark Watts DATE: November 4, 2016 SUBJECT: November TWIC Report Legislative Special Session on Transportation A coalition of transportation stakeholders continues to mount pressure for a post-election session on transportation funding and reforms in the present Special Session between November 8th and November 30th. The initial target date up to this point had been November 10th, two days after the election, when traditional party caucus meetings will be taking place in Sacramento, although the emphasis has shifted to a bit later in November. The date for the session is absolutely critical given the parliamentary requirements for moving legislation and the obvious intent of limiting the amount of time that legislators need to be present in the Capital City to complete work on a package. It appears that leadership is more inclined to use the committee structure to get the legislation to the respective floors and to an ultimate vote of both houses, which results in some additional scheduling issues as well. What appears to be emerging is confirmation that there are essentially three timeframes under consideration. First is the week of November 14th -18th, then November 21st - 23rd, the days before Thanksgiving and when members will have completed their travel plans, and finally, the last three days of the month. So process and schedule are very important to getting approval of a transportation bill, and these are matters that will be decided at the leadership level. Senator Beall has recently been discussing a reduced version of his funding package (SBX1 1) with members of the Senate. It is not yet known how this will be received or shaped. Additionally, The Senator’s Office has refined language for a constitutional amendment to provide enhanced and thorough coverage and protections for the new revenues; this measure would go to the voters following legislative approval of the funding package. Other pressing issues include incorporation of Republican reform proposals into the legislative, as well, and the stakeholder coalition has worked to develop a final package of those reforms to get them on the table and these are being drafted into bill language in preparation for their consideration. In the Assembly, Transportation Committee Chair Frazier continues to engage in discussion with the membership of the Assembly Democratic Caucus to marshal support for the package, ABX1 26. November 15, 2016 Contra Costa County Board of Supervisors 74 www.SaveCaliforniaStreets.org Executive Summary 1 Breakdown of Road Centerline Miles by Agency Executive Summary California’s local street and road system continues to be in crisis. Nearly every trip begins on a city street or county road. Whether traveling by bicycle, bus, rail, truck or family automobile, Californians need a reliable and well-maintained local street and road system. Unfortunately, these continue to be challenging times due to increased demand and unreliable funding. There is a significant focus on climate change and building sustainable communities, yet sustainable communities cannot function without a well-maintained local street and road system. The need for multi-modal opportunities on the local system has never been more essential. Every component of California’s transportation system is critical to providing a seamless, interconnected system that supports the traveling public and economic vitality throughout the state. The first comprehensive statewide study of California’s local street and road system in 2008 provided critical analysis and information on the local transportation network’s condition and funding needs. Conducted biennially, the needs assessment provides another look at this vital component of the state’s transportation system and once again finds a significant funding shortfall. The 2016 study sought answers to important questions: What are the current pavement conditions of local streets and roads? What will it cost to repair all streets and roads? What are the needs for the essential components to a functioning system? How large is the funding shortfall? What are the solutions? Responsible for over 81 percent of California’s roads, cities and counties find this study of critical importance for several reasons. While federal and state governments regularly assess their system needs, no such data existed for the local component of California’s transportation network prior to 2008. Historically, statewide transportation funding November 15, 2016 Contra Costa County Board of Supervisors 75 www.SaveCaliforniaStreets.org Executive Summary 2 investment decisions have been made without local pavement condition data. This biennial assessment provides a critical piece in providing policy makers with a more complete picture of California’s transportation system funding needs. The goal is to use the results to educate policymakers at all levels of government and the public about the infrastructure investments needed to provide California with a seamless, multi-modal transportation system. The findings provide a credible and defensible analysis to support a dedicated, stable funding source for maintaining the local system at an optimum level. The study also provides the rationale for the most effective and efficient investment of public funds, potentially saving taxpayers from paying significantly more to fix local streets and roads into the future. This update surveyed all of California’s 58 counties and 482 cities in 2016. The information captured data from more than 99 percent of the state’s local streets and roads – a level of participation that makes clear the local interest in addressing the growing problems of crumbling streets and roads. Pavements The conditions of California’s local streets and roads are rolling off the edge of a cliff. On a scale of zero (failed) to 100 (excellent), the statewide average Pavement Condition Index (PCI) has deteriorated to 65 (“at risk” category) in 2016. Even more alarming, 52 of 58 counties are either at risk or have poor pavements (the maps illustrate the changes in condition since 2008). If the current funding remains the same, the unfunded backlog will swell from $39 billion to $59 billion by 2026. November 15, 2016 Contra Costa County Board of Supervisors 76 www.SaveCaliforniaStreets.org Executive Summary 3 In order to use taxpayer money wisely, it makes more sense to preserve and maintain our roads in good condition, than to let them crumble further and cost more to fix. The costs developed in this study are based on achieving a roadway pavement condition called Best Management Practices (BMP). At this condition level, preventive maintenance treatments (i.e., slurry seals, chip seals, thin overlays) are most cost-effective. Preventive maintenance interferes less with commerce and the public’s mobility and is more environmentally friendly than rehabilitation and reconstruction. The importance of this approach is significant. As roadway pavement conditions deteriorate, the cost to repair them increases exponentially. For example, it costs as much as fourteen times more to reconstruct a pavement than to preserve it when it is in good condition. Even a modest resurfacing is four times more expensive than maintenance in the BMP condition. Or to put it another way, employing maintenance practices consistent with BMP results in treating as much as fourteen times more road area for the same cost. By bringing the local roadway system to BMP conditions, cities and counties will be able to maintain streets and roads at the most cost-effective level. It is a goal that is not only optimal, but also necessary. This study examines three funding scenarios in order to determine their impacts on the condition of the roads over the next decade. Note that these are in constant 2016 dollars. 1. Existing funding levels of $1.98 billion/year – this is the current funding level available to cities and counties from federal, state and local sources. 2. Funding to maintain existing conditions ($3.5 billion/year) – this is the funding level required to maintain the pavement conditions at its current PCI of 65. 3. Funding required to reach Best Management Practices ($7.0 billion/year) – the optimal scenario is to bring all pavements into a state of good repair so that best management practices can prevail. To reach BMP levels, $70 billion is needed over the next ten years. This is an estimated funding shortfall of $50.2 billion. After that, it will only require $2.5 billion a year to maintain the pavements at that level. Scenarios Annual Budget ($B) PCI in 2026 Condition Category % Pavements in Failed Condition % Pavements in Good Condition Current Conditions (2016) - 65 At Risk 6.9% 54.8% 1. Existing Funding $ 1.98 56 At Risk 22.2% 47% 2. Maintain PCI = 65 $ 3.5 65 At Risk 21.8% 74% 3. Best Mgmt. Practices $7.5 87 Excellent 0.0% 100% November 15, 2016 Contra Costa County Board of Supervisors 77 www.SaveCaliforniaStreets.org Executive Summary 4 Essential Components The transportation network also includes essential safety and traffic components such as curb ramps, sidewalks, storm drains, streetlights and signals. These components will require $32.1 billion to maintain over the next 10 years, and there is an estimated funding shortfall of $21.1 billion. Bridges Local bridges are also an integral part of the local streets and roads infrastructure. There are 12,501 local bridges (approximately 48 percent of the total) in California. There is an estimated shortfall of $1.7 billion to maintain the safety and integrity of the bridge infrastructure. Total Funding Shortfall The table below shows the total funding shortfall of $73 billion (constant 2016 dollars) over the next 10 years. For comparison, the results from the previous updates are also included. Transportation Asset Needs ($B) 2016 2008 2010 2012 2014 Needs Funding Shortfall Pavement $ 67.6 $ 70.5 $ 72.4 $ 72.7 $ 70.0 $ 19.8 $ (50.2) Essential Components $ 32.1 $ 29.0 $ 30.5 $ 31.0 $ 32.1 $ 11.0 $ (21.1) Bridges - $ 3.3 $ 4.3 $ 4.3 $ 4.6 $ 2.9 $ (1.7) Totals $ 99.7 $ 102.8 $ 107.2 $ 108.0 $ 106.7 $ 33.7 $ (73.0) What are the Solutions? The conclusions from this study are inescapable. Given existing funding levels available to cities and counties, California’s local streets and roads will continue to deteriorate over the next 10 years. It is alarming that local streets and roads have decayed to the point that funding will need to almost double just to maintain current conditions. Investing in California’s local streets and roads sooner will reduce the need for exponentially more spending in the future. To reach that level – at which taxpayer money can be spent most cost-effectively – will require an additional $50.2 billion for pavements alone, or $73 billion total for a functioning transportation system, over the next decade. Only $2.5 billion per year will be needed to maintain the pavements after they reach a level at which they can be maintained with best management practices. To bring the local system back into a cost-effective condition, thereby preserving the public’s $168 billion pavement investment and stopping further costly deterioration, $7.3 billion annually in new funds are needed – that’s equivalent to a 49-cent-per-gallon gas tax increase. November 15, 2016 Contra Costa County Board of Supervisors 78 www.SaveCaliforniaStreets.org Executive Summary 5 Failure to invest would be disastrous – not only for local streets and roads but for California’s entire interrelated transportation system. Failure to invest will impact our ability to increase alternative modes, active bicycle and pedestrian options, transit needs, meet air quality impacts, greenhouse gas reduction policies, and other environmental policies. It is imperative that cities and counties receive a stable and dedicated revenue stream for cost-effective maintenance of the local system in order to reverse this crisis. November 15, 2016 Contra Costa County Board of Supervisors 79 FACTS ABOUT STREETS AND ROADS FUNDING IN CONTRA COSTA  Contra Costa County Public Works is responsible for maintaining 666 miles of roads, 111 vehicle and pedestrian bridges and hundreds of miles of road drainage facilities in the unincorporated areas.  Decreased revenue for streets and roads is not keeping pace with increased demand on the system including increased vehicle miles traveled, increased collisions and traffic congestion, and deterioration in pavement condition.  There are only three revenues sources that pay for streets and roads maintenance in unincorporated Contra Costa – (1) Gas Excise Tax, (2) Price‐Base Gas Excise Tax, and (3) a portion (about 18%) of the dedicated one‐half cent Contra Costa transportation sales tax.  Gas Excise Tax of 18 cents per gallon has not been raised since 1994 and revenues have remained relatively flat ‐‐ $16.9 million in 2010/11 and $16.5 million in 2015/16. Substantially improved fuel efficiency and the increasing number of electric cars have offset the increased number of total cars on the road and the increase in vehicle miles traveled. Less gas is needed to drive the same amount of miles. The tax is based on the amount of gas purchased, not on the price of gas. Purchasing power now reduced to 9 cents due to inflation.  Revenues from Price‐Base Excise Tax on Gas have significantly decreased (down 65% since 2011). These revenues have been volatile and are based both on the price of gas and amount of gas purchased. Average weekly California gas prices have ranged between $2.30 and $4.65 per gallon since 2010. Revenue has dropped from $7.5 million in 2010/11 and $10.7 million in 2011/12 to $3.7 million in 2015/16.  Revenues Contra Costa’s dedicated one‐half cent transportation sales tax have slightly increased from $1.8 million in 2010/11 to $2.4 million in 2015/16. This tax is based on all retail sales in the County and fluctuates based on economic activity.  Total funding to the County for streets and roads has decreased from $26.1 million in 2010/11 to $22.6 million in 2015/16 despite the fact that during this same period there has been a 9% increase in the number of vehicles on the road in California and an increase of 18 million more vehicle miles travelled per day. November 15, 2016 Contra Costa County Board of Supervisors 80 This graph shows how Contra Costa County’s discretionary road fund has been impacted by the decline of the gas tax. November 15, 2016 Contra Costa County Board of Supervisors 81 AMENDED IN ASSEMBLY AUGUST 30, 2016 california legislature—2015–16 first extraordinary session ASSEMBLY BILL No. 26 Introduced by Assembly Member Frazier (Principal coauthor: Senator Beall) August 24, 2016 An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to add Sections 14033, 14526.7, and 16321 to, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 39719 of the Health and Safety Code, to amend Section 21080.37 of, and to add Division 13.6 (commencing with Section 21200) to, the Public Resources Code, to amend Section 99312.1 of the Public Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of the Revenue and Taxation Code, to amend Sections 183.1, 820.1, 2192, 2192.1, and 2192.2 of, to add Sections 2103.1 and 2192.4 to, and to add Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest AB 26, as amended, Frazier. Transportation funding. (1)  Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain  98 November 15, 2016 Contra Costa County Board of Supervisors 82 registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account. This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria, consistent with a specified asset management plan, to ensure efficient use of certain funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.17 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment, as provided, an increase of $38 in the annual vehicle registration fee with an inflation adjustment, as provided, a new $165 annual vehicle registration fee with an inflation adjustment, as provided, applicable to zero-emission motor vehicles, as defined, and certain miscellaneous revenues described in (7) below that are not restricted as to expenditure by Article XIX of the California Constitution. This bill would annually set aside $200,000,000 of the funds available for the program to fund road maintenance and rehabilitation purposes in counties that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees, as defined, which taxes or fees are dedicated solely to transportation improvements. These funds would be continuously appropriated for allocation pursuant to guidelines to be developed by the California Transportation Commission in consultation with local agencies. The bill would require $80,000,000 of the funds available for the program to be annually transferred to the State Highway Account for expenditure on the Active Transportation Program. The bill would require $30,000,000 of the funds available for the program in each of 4 fiscal years beginning in 2017–18 to be transferred to the Advance Mitigation Fund created by the bill pursuant to (12) below. The bill would continuously appropriate $2,000,000 annually of the funds available for the program to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development. The bill would require the remaining funds available for 98 — 2 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 83 the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on the department and agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 80. The bill would also require the department to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program. (2)  Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (3)  Existing law creates various state agencies, including the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, and the State Air Resources Board, with specified powers and duties. Existing law provides for the allocation of state transportation funds to various transportation purposes. This bill would create the Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that all of the above-referenced state agencies and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be removed from office during the term except for good cause. The bill 98 AB 26— 3 — November 15, 2016 Contra Costa County Board of Supervisors 84 would specify the duties and responsibilities of the Transportation Inspector General and would require an annual report to the Legislature and Governor. This bill would require the department to update the Highway Design Manual to incorporate the “complete streets” design concept by January 1, 2017. (4)  Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified. This bill would require the Department of Finance, on or before September 1, 2016, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred, pursuant to a specified formula, to cities and counties and to the department for maintenance of the state highway system and for purposes of the state highway operation and protection program. (5)  The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. This bill would deposit the revenues attributable to a $0.30 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund. The bill would require revenues apportioned to the state from the national highway freight program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. 98 — 4 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 85 This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. (6)  Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program. This bill would, beginning in the 2016–17 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program and 10% of those annual proceeds to the Low Carbon Transit Operations Program, thereby making an appropriation. (7)  Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. Existing law requires certain miscellaneous revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and requires the Controller to transfer from the fund to the General Fund an amount of those revenues necessary to offset the current year debt service made from the General Fund on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. This bill would delete the transfer of these miscellaneous revenues to the Transportation Debt Service Fund, thereby eliminating the offsetting transfer to the General Fund for debt service on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. The bill, subject to a specified exception, would instead require the miscellaneous revenues to be retained in the State Highway Account and to be deposited in the Road Maintenance and Rehabilitation Account. 98 AB 26— 5 — November 15, 2016 Contra Costa County Board of Supervisors 86 (8)  Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution. This bill, commencing July 1, 2016, would instead transfer to the Highway Users Tax Account for allocation to state and local transportation purposes under a specified formula the portion of gasoline excise tax revenues currently being deposited in the General Fund that are attributable to boats, agricultural vehicles, and off-highway vehicles. Because that account is continuously appropriated, the bill would make an appropriation. (9)  Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral. This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates and would reimpose the higher gasoline excise tax rate that was in effect on July 1, 2010, in addition to the increase in the rate described in paragraph (1). Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to be transferred to the Public Transportation Account. Existing law continuously appropriates these revenues to the Controller for allocation by formula to transportation agencies for public transit purposes. This bill would increase the additional sales and use tax on diesel fuel by an additional 3.5%. By increasing the revenues deposited in a continuously appropriated fund, the bill would thereby make an appropriation. The bill would restrict expenditures of revenues from 98 — 6 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 87 this increase in the sales and use tax on diesel fuel to transit capital purposes and certain transit services and would require a recipient transit agency to comply with certain requirements, including submitting a list of proposed projects to the Department of Transportation, as a condition of receiving a portion of these funds. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. This bill would, beginning July 1, 2019, and every 3rd year thereafter, require the State Board of Equalization to recompute the gasoline and diesel excise tax rates and the additional sales and use tax rate on diesel fuel based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed. (10)  Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. This bill would add to the program capital projects relative to the operation of those state highways and bridges. The bill would require the commission, as part of its review of the program, to hold at least one hearing in northern California and one hearing in southern California regarding the proposed program. The bill would require the department to submit any change to a programmed project as an amendment to the commission for its approval. This bill, on and after February 1, 2017, would also require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines 98 AB 26— 7 — November 15, 2016 Contra Costa County Board of Supervisors 88 to provide exceptions to the requirement for a supplemental project allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed. (11)  Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. This bill, notwithstanding these provisions or any other law, would only authorize specified percentages of weight fee revenues to be transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds in accordance with a prescribed schedule and would prohibit the transfer of weight fee revenues from the State Highway Account after the 2020–21 fiscal year. The bill would also prohibit loans of weight fee revenues to the General Fund. (12)  The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. 98 — 8 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 89 CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements. This bill would extend the above-referenced exemption indefinitely and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways. This bill would also establish the Advance Mitigation Program in the Department of Transportation. The bill would authorize the department to undertake mitigation measures in advance of construction of a planned transportation project. The bill would require the department to establish a steering committee to advise the department on advance mitigation measures and related matters. The bill would create the Advance Mitigation Fund as a continuously appropriated revolving fund, to be funded initially from the Road Maintenance and Rehabilitation Program pursuant to (1) above. The bill would provide for reimbursement of the revolving fund at the time a planned transportation project benefiting from advance mitigation is constructed. (13)  Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in this program. This bill would delete the January 1, 2017, repeal date, thereby extending these provisions indefinitely. (14)  This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: 98 AB 26— 9 — November 15, 2016 Contra Costa County Board of Supervisors 90 line 1 (a)  Over the next 10 years, the state faces a $59 billion shortfall line 2 to adequately maintain the existing state highway system in order line 3 to keep it in a basic state of good repair. line 4 (b)  Similarly, cities and counties face a $78 billion shortfall line 5 over the next decade to adequately maintain the existing network line 6 of local streets and roads. line 7 (c)  Statewide taxes and fees dedicated to the maintenance of line 8 the system have not been increased in more than 20 years, with line 9 those revenues losing more than 55 percent of their purchasing line 10 power, while costs to maintain the system have steadily increased line 11 and much of the underlying infrastructure has aged past its expected line 12 useful life. line 13 (d)  California motorists are spending $17 billion annually in line 14 extra maintenance and car repair bills, which is more than $700 line 15 per driver, due to the state’s poorly maintained roads. line 16 (e)  Failing to act now to address this growing problem means line 17 that more drastic measures will be required to maintain our system line 18 in the future, essentially passing the burden on to future generations line 19 instead of doing our job today. line 20 (f)  A funding program will help address a portion of the line 21 maintenance backlog on the state’s road system and will stop the line 22 growth of the problem. line 23 (g)  Modestly increasing various fees can spread the cost of road line 24 repairs broadly to all users and beneficiaries of the road network line 25 without overburdening any one group. line 26 (h)  Improving the condition of the state’s road system will have line 27 a positive impact on the economy as it lowers the transportation line 28 costs of doing business, reduces congestion impacts for employees, line 29 and protects property values in the state. line 30 (i)  The federal government estimates that increased spending line 31 on infrastructure creates more than 13,000 jobs per $1 billion spent. line 32 (j)  Well-maintained roads benefit all users, not just drivers, as line 33 roads are used for all modes of transport, whether motor vehicles, line 34 transit, bicycles, or pedestrians. line 35 (k)  Well-maintained roads additionally provide significant health line 36 benefits and prevent injuries and death due to crashes caused by line 37 poorly maintained infrastructure. line 38 (l)  A comprehensive, reasonable transportation funding package line 39 will do all of the following: line 40 (1)  Ensure these transportation needs are addressed. 98 — 10 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 91 line 1 (2)  Fairly distribute the economic impact of increased funding. line 2 (3)  Restore the gas tax rate previously reduced by the State line 3 Board of Equalization pursuant to the gas tax swap. line 4 (4)  Direct increased revenue to the state’s highest transportation line 5 needs. line 6 SEC. 2. Section 13975 of the Government Code is amended line 7 to read: line 8 13975. There is in the state government the Transportation line 9 Agency. The agency consists of the Department of the California line 10 Highway Patrol, the Department of Motor Vehicles, the Department line 11 of Transportation, the High-Speed Rail Authority, and the Board line 12 of Pilot Commissioners for the Bays of San Francisco, San Pablo, line 13 and Suisun. line 14 SEC. 3. Section 14033 is added to the Government Code, to line 15 read: line 16 14033. On or before January 1, 2017, the department shall line 17 update the Highway Design Manual to incorporate the “complete line 18 streets” design concept. line 19 SEC. 4. Part 5.1 (commencing with Section 14460) is added line 20 to Division 3 of Title 2 of the Government Code, to read: line 21 line 22 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR line 23 GENERAL line 24 line 25 14460. (a)  There is hereby created in state government the line 26 independent Office of the Transportation Inspector General, which line 27 shall not be a subdivision of any other governmental entity, to line 28 ensure that the Department of Transportation, the High-Speed Rail line 29 Authority, the Department of the California Highway Patrol, the line 30 Department of Motor Vehicles, the State Air Resources Board, line 31 and all other state agencies expending state transportation funds line 32 are operating efficiently, effectively, and in compliance with line 33 applicable federal and state laws. line 34 (b)  The Governor shall appoint, subject to confirmation by the line 35 Senate, the Transportation Inspector General to a six-year term. line 36 The Transportation Inspector General may not be removed from line 37 office during that term, except for good cause. A finding of good line 38 cause may include substantial neglect of duty, gross misconduct, line 39 or conviction of a crime. The reasons for removal of the line 40 Transportation Inspector General shall be stated in writing and 98 AB 26— 11 — November 15, 2016 Contra Costa County Board of Supervisors 92 line 1 shall include the basis for removal. The writing shall be sent to line 2 the Secretary of the Senate and the Chief Clerk of the Assembly line 3 at the time of the removal and shall be deemed to be a public line 4 document. line 5 14461. The Transportation Inspector General shall review line 6 policies, practices, and procedures and conduct audits and line 7 investigations of activities involving state transportation funds in line 8 consultation with all affected state agencies. Specifically, the line 9 Transportation Inspector General’s duties and responsibilities shall line 10 include, but not be limited to, all of the following: line 11 (a)  To examine the operating practices of all state agencies line 12 expending state transportation funds to identify fraud and waste, line 13 opportunities for efficiencies, and opportunities to improve the line 14 data used to determine appropriate project resource allocations. line 15 (b)  To identify best practices in the delivery of transportation line 16 projects and develop policies or recommend proposed legislation line 17 enabling state agencies to adopt these practices when practicable. line 18 (c)  To provide objective analysis of and, when possible, offer line 19 solutions to concerns raised by the public or generated within line 20 agencies involving the state’s transportation infrastructure and line 21 project delivery methods. line 22 (d)  To conduct, supervise, and coordinate audits and line 23 investigations relating to the programs and operations of all state line 24 transportation agencies with state-funded transportation projects. line 25 (e)  To recommend policies promoting economy and efficiency line 26 in the administration of programs and operations of all state line 27 agencies with state-funded transportation projects. line 28 (f)  To ensure that the Secretary of Transportation and the line 29 Legislature are fully and currently informed concerning fraud or line 30 other serious abuses or deficiencies relating to the expenditure of line 31 funds or administration of programs and operations. line 32 14462. The Transportation Inspector General shall report at line 33 least annually to the Governor and Legislature with a summary of line 34 his or her findings, investigations, and audits. The summary shall line 35 be posted on the Transportation Inspector General’s Internet Web line 36 site and shall otherwise be made available to the public upon its line 37 release to the Governor and Legislature. The summary shall line 38 include, but need not be limited to, significant problems discovered line 39 by the Transportation Inspector General and whether line 40 recommendations of the Transportation Inspector General relative 98 — 12 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 93 line 1 to investigations and audits have been implemented by the affected line 2 agencies. The report shall be submitted to the Legislature in line 3 compliance with Section 9795. line 4 SEC. 5. Section 14500 of the Government Code is amended line 5 to read: line 6 14500. There is in state government a California Transportation line 7 Commission. The commission shall act in an independent oversight line 8 role. line 9 SEC. 6. Section 14526.5 of the Government Code is amended line 10 to read: line 11 14526.5. (a)  Based on the asset management plan prepared line 12 and approved pursuant to Section 14526.4, the department shall line 13 prepare a state highway operation and protection program for the line 14 expenditure of transportation funds for major capital improvements line 15 that are necessary to preserve and protect the state highway system. line 16 Projects included in the program shall be limited to improvements line 17 relative to maintenance, safety, rehabilitation, and operation of line 18 state highways and bridges that do not add a new traffic lane to line 19 the system. line 20 (b)  The program shall include projects that are expected to be line 21 advertised prior to July 1 of the year following submission of the line 22 program, but which have not yet been funded. The program shall line 23 include those projects for which construction is to begin within line 24 four fiscal years, starting July 1 of the year following the year the line 25 program is submitted. line 26 (c)  (1)  The department, at a minimum, shall specify, for each line 27 project in the state highway operation and protection program, the line 28 capital and support budget for each of the following project line 29 components: line 30 (A)  Project approval and environmental documents. line 31 (B)  Plans, specifications, and estimates. line 32 (C)  Rights-of-way. line 33 (D)  Construction. line 34 (2)  The department shall specify, for each project in the state line 35 highway operation and protection program, a projected delivery line 36 date for each of the following components: line 37 (A)  Environmental document completion. line 38 (B)  Plans, specifications, and estimate completion. line 39 (C)  Right-of-way certification. line 40 (D)  Start of construction. 98 AB 26— 13 — November 15, 2016 Contra Costa County Board of Supervisors 94 line 1 (d)  The department shall submit its proposed program to the line 2 commission not later than January 31 of each even-numbered year. line 3 Prior to submitting its proposed program, the department shall line 4 make a draft of its proposed program available to transportation line 5 planning agencies for review and comment and shall include the line 6 comments in its submittal to the commission. The department shall line 7 provide the commission with detailed information for all line 8 programmed projects, including, but not limited to, cost, scope, line 9 schedule, and performance metrics as determined by the line 10 commission. line 11 (e)  The commission shall review the proposed program relative line 12 to its overall adequacy, consistency with the asset management line 13 plan prepared and approved pursuant to Section 14526.4 and line 14 funding priorities established in Section 167 of the Streets and line 15 Highways Code, the level of annual funding needed to implement line 16 the program, and the impact of those expenditures on the state line 17 transportation improvement program. The commission shall adopt line 18 the program and submit it to the Legislature and the Governor not line 19 later than April 1 of each even-numbered year. The commission line 20 may decline to adopt the program if the commission determines line 21 that the program is not sufficiently consistent with the asset line 22 management plan prepared and approved pursuant to Section line 23 14526.4. line 24 (f)  As part of the commission’s review of the program required line 25 pursuant to subdivision (a), the commission shall hold at least one line 26 hearing in northern California and one hearing in southern line 27 California regarding the proposed program. line 28 (g)  Expenditures for these projects shall not be subject to line 29 Sections 188 and 188.8 of the Streets and Highways Code. line 30 (h)  Following adoption of the state highway operation and line 31 protection program by the commission, any change to a line 32 programmed project shall be submitted as an amendment by the line 33 department to the commission for its approval before the change line 34 may be implemented. line 35 SEC. 7. Section 14526.7 is added to the Government Code, to line 36 read: line 37 14526.7. (a)  On and after February 1, 2017, an allocation by line 38 the commission of all capital and support costs for each project in line 39 the state highway operation and protection program shall be line 40 required. 98 — 14 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 95 line 1 (b)  For a project that experiences increases in capital or support line 2 costs above the amounts in the commission’s allocation pursuant line 3 to subdivision (a), a supplemental project allocation request shall line 4 be submitted by the department to the commission for approval. line 5 (c)  The commission shall establish guidelines to provide line 6 exceptions to the requirement of subdivision (b) that the line 7 commission determines are necessary to ensure that projects are line 8 not unnecessarily delayed. line 9 SEC. 8. Section 14534.1 of the Government Code is repealed. line 10 SEC. 9. Section 16321 is added to the Government Code, to line 11 read: line 12 16321. (a)  Notwithstanding any other law, on or before line 13 September 1, 2016, the Department of Finance shall compute the line 14 amount of outstanding loans made from the State Highway line 15 Account, the Motor Vehicle Fuel Account, the Highway Users line 16 Tax Account, and the Motor Vehicle Account to the General Fund. line 17 The department shall prepare a loan repayment schedule, pursuant line 18 to which the outstanding loans shall be repaid, as follows: line 19 (1)  On or before June 30, 2017, 50 percent of the outstanding line 20 loan amounts. line 21 (2)  On or before June 30, 2018, the remainder of the outstanding line 22 loan amounts. line 23 (b)  Notwithstanding any other law, as the loans are repaid line 24 pursuant to this section, the repaid funds shall be transferred in the line 25 following manner: line 26 (1)  Fifty percent to cities and counties pursuant to clauses (i) line 27 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of line 28 Section 2103 of the Streets and Highways Code. line 29 (2)  Fifty percent to the department for maintenance of the state line 30 highway system and for purposes of the state highway operation line 31 and protection program. line 32 (c)  Funds for loan repayments pursuant to this section are hereby line 33 appropriated from the Budget Stabilization Account pursuant to line 34 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1) line 35 of subdivision (c) of Section 20 of Article XVI of the California line 36 Constitution. line 37 SEC. 10. Section 16965 of the Government Code is amended line 38 to read: 98 AB 26— 15 — November 15, 2016 Contra Costa County Board of Supervisors 96 line 1 16965. (a)  (1)  The Transportation Debt Service Fund is hereby line 2 created in the State Treasury. Moneys in the fund shall be dedicated line 3 to all of the following purposes: line 4 (A)  Payment of debt service with respect to designated bonds, line 5 as defined in subdivision (c) of Section 16773, and as further line 6 provided in paragraph (3) and subdivision (b). line 7 (B)  To reimburse the General Fund for debt service with respect line 8 to bonds. line 9 (C)  To redeem or retire bonds, pursuant to Section 16774, line 10 maturing in a subsequent fiscal year. line 11 (2)  The bonds eligible under subparagraph (B) or (C) of line 12 paragraph (1) include bonds issued pursuant to the Passenger Rail line 13 and Clean Air Bond Act of 1990 (Chapter 17 (commencing with line 14 Section 2701) of Division 3 of the Streets and Highways Code), line 15 the Seismic Retrofit Bond Act of 1996 (Chapter 12.48 line 16 (commencing with Section 8879) of Division 1 of Title 2), and the line 17 Safe, Reliable High-Speed Passenger Train Bond Act for the 21st line 18 Century (Chapter 20 (commencing with Section 2704) of Division line 19 3 of the Streets and Highways Code), and nondesignated bonds line 20 under Proposition 1B, as defined in subdivision (c) of Section line 21 16773. line 22 (3)  (A)  The Transportation Bond Direct Payment Account is line 23 hereby created in the State Treasury, as a subaccount within the line 24 Transportation Debt Service Fund, for the purpose of directly line 25 paying the debt service, as defined in paragraph (4), of designated line 26 bonds of Proposition 1B, as defined in subdivision (c) of Section line 27 16773. Notwithstanding Section 13340, moneys in the line 28 Transportation Bond Direct Payment Account are continuously line 29 appropriated for payment of debt service with respect to designated line 30 bonds as provided in subdivision (c) of Section 16773. So long as line 31 any designated bonds remain outstanding, the moneys in the line 32 Transportation Bond Direct Payment Account may not be used line 33 for any other purpose, and may not be borrowed by or available line 34 for transfer to the General Fund pursuant to Section 16310 or any line 35 similar law, or to the General Cash Revolving Fund pursuant to line 36 Section 16381 or any similar law. line 37 (B)  Once the Treasurer makes a certification that payment of line 38 debt service with respect to all designated bonds has been paid or line 39 provided for, any remaining moneys in the Transportation Bond 98 — 16 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 97 line 1 Direct Payment Account shall be transferred back to the line 2 Transportation Debt Service Fund. line 3 (C)  The moneys in the Transportation Bond Direct Payment line 4 Account shall be invested in the Surplus Money Investment Fund, line 5 and all investment earnings shall accrue to the account. line 6 (D)  The Controller may establish subaccounts within the line 7 Transportation Bond Direct Payment Account as may be required line 8 by the resolution, indenture, or other documents governing any line 9 designated bonds. line 10 (4)  For purposes of this subdivision and subdivision (b), and line 11 subdivision (c) of Section 16773, “debt service” means payment line 12 of all of the following costs and expenses with respect to any line 13 designated bond: line 14 (A)  The principal of and interest on the bonds. line 15 (B)  Amounts payable as the result of tender on any bonds, as line 16 described in clause (iv) of subparagraph (B) of paragraph (1) of line 17 subdivision (d) of Section 16731. line 18 (C)  Amounts payable under any contractual obligation of the line 19 state to repay advances and pay interest thereon under a credit line 20 enhancement or liquidity agreement as described in clause (iv) of line 21 subparagraph (B) of paragraph (1) of subdivision (d) of Section line 22 16731. line 23 (D)  Any amount owed by the state to a counterparty after any line 24 offset for payments owed to the state on any hedging contract as line 25 described in subparagraph (A) of paragraph (2) of subdivision (d) line 26 of Section 16731. line 27 (b)  From the moneys transferred to the fund pursuant to line 28 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 29 Vehicle Code, there shall first be deposited into the Transportation line 30 Bond Direct Payment Account in each month sufficient funds to line 31 equal the amount designated in a certificate submitted by the line 32 Treasurer to the Controller and the Director of Finance at the start line 33 of each fiscal year, and as may be modified by the Treasurer line 34 thereafter upon issuance of any new issue of designated bonds or line 35 upon change in circumstances that requires such a modification. line 36 This certificate shall be calculated by the Treasurer to identify, for line 37 each month, the amount necessary to fund all of the debt service line 38 with respect to all designated bonds. This calculation shall be done line 39 in a manner provided in the resolution, indenture, or other line 40 documents governing the designated bonds. In the event that 98 AB 26— 17 — November 15, 2016 Contra Costa County Board of Supervisors 98 line 1 transfers to the Transportation Bond Direct Payment Account in line 2 any month are less than the amounts required in the Treasurer’s line 3 certificate, the shortfall shall carry over to be part of the required line 4 payment in the succeeding month or months. line 5 (c)  The state hereby covenants with the holders from time to line 6 time of any designated bonds that it will not alter, amend, or restrict line 7 the provisions of subdivision (c) of Section 16773 of the line 8 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205 line 9 of the Vehicle Code, which provide directly or indirectly for the line 10 transfer of weight fees to the Transportation Debt Service Fund line 11 or the Transportation Bond Direct Payment Account, or line 12 subdivisions (a) and (b) of this section, or reduce the rate of line 13 imposition of vehicle weight fees under Sections 9400 and 9400.1 line 14 of the Vehicle Code as they existed on the date of the first issuance line 15 of any designated bonds, if that alteration, amendment, restriction, line 16 or reduction would result in projected weight fees for the next line 17 fiscal year determined by the Director of Finance being less than line 18 two times the maximum annual debt service with respect to all line 19 outstanding designated bonds, as such calculation is determined line 20 pursuant to the resolution, indenture, or other documents governing line 21 the designated bonds. The state may include this covenant in the line 22 resolution, indenture, or other documents governing the designated line 23 bonds. line 24 (d)  Once the required monthly deposit, including makeup of line 25 any shortfalls from any prior month, has been made pursuant to line 26 subdivision (b), from moneys transferred to the fund pursuant to line 27 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 28 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 29 Controller shall transfer as an expenditure reduction to the General line 30 Fund any amount necessary to offset the cost of current year debt line 31 service payments made from the General Fund with respect to any line 32 bonds issued pursuant to Proposition 192 (1996) and three-quarters line 33 of the amount of current year debt service payments made from line 34 the General Fund with respect to any nondesignated bonds, as line 35 defined in subdivision (c) of Section 16773, issued pursuant to line 36 Proposition 1B (2006). In the alternative, these funds may also be line 37 used to redeem or retire the applicable bonds, pursuant to Section line 38 16774, maturing in a subsequent fiscal year as directed by the line 39 Director of Finance. 98 — 18 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 99 line 1 (e)  Once the required monthly deposit, including makeup of line 2 any shortfalls from any prior month, has been made pursuant to line 3 subdivision (b), from moneys transferred to the fund pursuant to line 4 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 5 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 6 Controller shall transfer as an expenditure reduction to the General line 7 Fund any amount necessary to offset the eligible cost of current line 8 year debt service payments made from the General Fund with line 9 respect to any bonds issued pursuant to Proposition 108 (1990) line 10 and Proposition 1A (2008), and one-quarter of the amount of line 11 current year debt service payments made from the General Fund line 12 with respect to any nondesignated bonds, as defined in subdivision line 13 (c) of Section 16773, issued pursuant to Proposition 1B (2006). line 14 The Department of Finance shall notify the Controller by July 30 line 15 of every year of the percentage of debt service that is expected to line 16 be paid in that fiscal year with respect to bond-funded projects that line 17 qualify as eligible guideway projects consistent with the line 18 requirements applicable to the expenditure of revenues under line 19 Article XIX of the California Constitution, and the Controller shall line 20 make payments only for those eligible projects. In the alternative, line 21 these funds may also be used to redeem or retire the applicable line 22 bonds, pursuant to Section 16774, maturing in a subsequent fiscal line 23 year as directed by the Director of Finance. line 24 (f)  On or before the second business day following the date on line 25 which transfers are made to the Transportation Debt Service Fund, line 26 and after the required monthly deposits for that month, including line 27 makeup of any shortfalls from any prior month, have been made line 28 to the Transportation Bond Direct Payment Account, the Controller line 29 shall transfer the funds designated for reimbursement of bond debt line 30 service with respect to nondesignated bonds, as defined in line 31 subdivision (c) of Section 16773, and other bonds identified in line 32 subdivisions (d) and (e) in that month from the fund to the General line 33 Fund pursuant to this section. line 34 SEC. 11. Section 39719 of the Health and Safety Code is line 35 amended to read: line 36 39719. (a)  The Legislature shall appropriate the annual line 37 proceeds of the fund for the purpose of reducing greenhouse gas line 38 emissions in this state in accordance with the requirements of line 39 Section 39712. 98 AB 26— 19 — November 15, 2016 Contra Costa County Board of Supervisors 100 line 1 (b)  To carry out a portion of the requirements of subdivision line 2 (a), annual proceeds are continuously appropriated for the line 3 following: line 4 (1)  Beginning in the 2016–17 fiscal year, and notwithstanding line 5 Section 13340 of the Government Code, 50 percent of annual line 6 proceeds are continuously appropriated, without regard to fiscal line 7 years, for transit, affordable housing, and sustainable communities line 8 programs as following: line 9 (A)  Twenty percent of the annual proceeds of the fund is hereby line 10 continuously appropriated to the Transportation Agency for the line 11 Transit and Intercity Rail Capital Program created by Part 2 line 12 (commencing with Section 75220) of Division 44 of the Public line 13 Resources Code. line 14 (B)  Ten percent of the annual proceeds of the fund is hereby line 15 continuously appropriated to the Low Carbon Transit Operations line 16 Program created by Part 3 (commencing with Section 75230) of line 17 Division 44 of the Public Resources Code. Moneys shall be line 18 allocated by the Controller, according to requirements of the line 19 program, and pursuant to the distribution formula in subdivision line 20 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, line 21 the Public Utilities Code. line 22 (C)  Twenty percent of the annual proceeds of the fund is hereby line 23 continuously appropriated to the Strategic Growth Council for the line 24 Affordable Housing and Sustainable Communities Program created line 25 by Part 1 (commencing with Section 75200) of Division 44 of the line 26 Public Resources Code. Of the amount appropriated in this line 27 subparagraph, no less than 10 percent of the annual proceeds shall line 28 be expended for affordable housing, consistent with the provisions line 29 of that program. line 30 (2)  Beginning in the 2015–16 fiscal year, notwithstanding line 31 Section 13340 of the Government Code, 25 percent of the annual line 32 proceeds of the fund is hereby continuously appropriated to the line 33 High-Speed Rail Authority for the following components of the line 34 initial operating segment and Phase I Blended System as described line 35 in the 2012 business plan adopted pursuant to Section 185033 of line 36 the Public Utilities Code: line 37 (A)  Acquisition and construction costs of the project. line 38 (B)  Environmental review and design costs of the project. line 39 (C)  Other capital costs of the project. 98 — 20 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 101 line 1 (D)  Repayment of any loans made to the authority to fund the line 2 project. line 3 (c)  In determining the amount of annual proceeds of the fund line 4 for purposes of the calculation in subdivision (b), the funds subject line 5 to Section 39719.1 shall not be included. line 6 SEC. 12. Section 21080.37 of the Public Resources Code is line 7 amended to read: line 8 21080.37. (a)  This division does not apply to a project or an line 9 activity to repair, maintain, or make minor alterations to an existing line 10 roadway if all of the following conditions are met: line 11 (1)  (A)  The project does not cross a waterway. line 12 (B)  For purposes of this paragraph, “waterway” means a bay, line 13 estuary, lake, pond, river, slough, or a perennial, intermittent, or line 14 ephemeral stream, lake, or estuarine-marine shoreline. line 15 (2)  The project involves negligible or no expansion of an line 16 existing use beyond that existing at the time of the lead agency’s line 17 determination. line 18 (3)  (A)  The site of the project does not contain wetlands or line 19 riparian areas and does not have significant value as a wildlife line 20 habitat, and the project does not harm any species protected by the line 21 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et line 22 seq.), the Native Plant Protection Act (Chapter 10 (commencing line 23 with Section 1900) of Division 2 of the Fish and Game Code), or line 24 the California Endangered Species Act (Chapter 1.5 (commencing line 25 with Section 2050) of Division 3 of the Fish and Game Code), and line 26 the project does not cause the destruction or removal of any species line 27 protected by a local ordinance. line 28 (B)  For the purposes of this paragraph: line 29 (i)  “Riparian areas” mean those areas transitional between line 30 terrestrial and aquatic ecosystems and that are distinguished by line 31 gradients in biophysical conditions, ecological processes, and biota. line 32 A riparian area is an area through which surface and subsurface line 33 hydrology connect waterbodies with their adjacent uplands. A line 34 riparian area includes those portions of terrestrial ecosystems that line 35 significantly influence exchanges of energy and matter with aquatic line 36 ecosystems. A riparian area is adjacent to perennial, intermittent, line 37 and ephemeral streams, lakes, and estuarine-marine shorelines. line 38 (ii)  “Significant value as a wildlife habitat” includes wildlife line 39 habitat of national, statewide, regional, or local importance; habitat line 40 for species protected by the federal Endangered Species Act of 98 AB 26— 21 — November 15, 2016 Contra Costa County Board of Supervisors 102 line 1 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered line 2 Species Act (Chapter 1.5 (commencing with Section 2050) of line 3 Division 3 of the Fish and Game Code), or the Native Plant line 4 Protection Act (Chapter 10 (commencing with Section 1900) of line 5 Division 2 of the Fish and Game Code); habitat identified as line 6 candidate, fully protected, sensitive, or species of special status line 7 by local, state, or federal agencies; or habitat essential to the line 8 movement of resident or migratory wildlife. line 9 (iii)  “Wetlands” has the same meaning as in the United States line 10 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). line 11 (iv)  “Wildlife habitat” means the ecological communities upon line 12 which wild animals, birds, plants, fish, amphibians, and line 13 invertebrates depend for their conservation and protection. line 14 (4)  The project does not impact cultural resources. line 15 (5)  The roadway does not affect scenic resources, as provided line 16 pursuant to subdivision (c) of Section 21084. line 17 (b)  Prior to determining that a project is exempt pursuant to this line 18 section, the lead agency shall do both of the following: line 19 (1)  Include measures in the project to mitigate potential line 20 vehicular traffic and safety impacts and bicycle and pedestrian line 21 safety impacts. line 22 (2)  Hold a noticed public hearing on the project to hear and line 23 respond to public comments. The hearing on the project may be line 24 conducted with another noticed lead agency public hearing. line 25 Publication of the notice shall be no fewer times than required by line 26 Section 6061 of the Government Code, by the public agency in a line 27 newspaper of general circulation in the area. line 28 (c)  For purposes of this section, “roadway” means a roadway line 29 as defined pursuant to Section 530 of the Vehicle Code and the line 30 previously graded and maintained shoulder that is within a roadway line 31 right-of-way of no more than five feet from the edge of the line 32 roadway. line 33 (d)  (1)  If a state agency determines that a project is not subject line 34 to this division pursuant to this section and it approves or line 35 determines to carry out that project, it shall file a notice with the line 36 Office of Planning and Research in the manner specified in line 37 subdivisions (b) and (c) of Section 21108. line 38 (2)  If a local agency determines that a project is not subject to line 39 this division pursuant to this section and it approves or determines line 40 to carry out that project, it shall file a notice with the Office of 98 — 22 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 103 line 1 Planning and Research, and with the county clerk in the county in line 2 which the project will be located in the manner specified in line 3 subdivisions (b) and (c) of Section 21152. line 4 SEC. 13. Division 13.6 (commencing with Section 21200) is line 5 added to the Public Resources Code, to read: line 6 line 7 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT line 8 line 9 Chapter 1. General line 10 line 11 21200. This division shall be known, and may be cited, as the line 12 Advance Mitigation Program Act. line 13 21201. (a)  The purpose of this division is to improve the line 14 success and effectiveness of actions implemented to mitigate the line 15 natural resource impacts of future transportation projects by line 16 establishing the means to implement those actions well before the line 17 transportation projects are constructed. The advance identification line 18 and implementation of mitigation actions also will streamline the line 19 delivery of transportation projects by anticipating mitigation line 20 requirements for planned transportation projects and avoiding or line 21 reducing delays associated with environmental permitting. By line 22 identifying regional or statewide conservation priorities and by line 23 anticipating the impacts of planned transportation projects on a line 24 regional or statewide basis, mitigation actions can be designed to line 25 protect and restore California’s most valuable natural resources line 26 and also facilitate environmental compliance for planned line 27 transportation projects on a regional scale. line 28 (b)  This division is not intended to create a new environmental line 29 permitting or regulatory program or to modify existing line 30 environmental laws or regulations, nor is it expected that all line 31 mitigation requirements will be addressed for planned line 32 transportation projects. Instead, it is intended to provide a line 33 methodology with which to anticipate and fulfill the requirements line 34 of existing state and federal environmental laws that protect fish, line 35 wildlife, plant species, and other natural resources more efficiently line 36 and effectively. line 37 21202. The Legislature finds and declares all of the following: line 38 (a)  The minimization and mitigation of environmental impacts line 39 is ordinarily handled on a project-by-project basis, usually near 98 AB 26— 23 — November 15, 2016 Contra Costa County Board of Supervisors 104 line 1 the end of a project’s timeline and often without guidance regarding line 2 regional or statewide conservation priorities. line 3 (b)  The cost of critical transportation projects often escalates line 4 because of permitting delays that occur when appropriate line 5 conservation and mitigation measures cannot easily be identified line 6 and because the cost of these measures often increases between line 7 the time a project is planned and funded and the time mitigation line 8 is implemented. line 9 (c)  Addressing conservation and mitigation needs early in a line 10 project’s timeline, during the project design and development line 11 phase, can reduce costs, allow natural resources conservation to line 12 be integrated with project siting and design, and result in the line 13 establishment of more valuable and productive habitat mitigation. line 14 (d)  When the Department of Transportation is able to anticipate line 15 the mitigation needs for planned transportation projects, it can line 16 meet those needs in a more timely and cost-effective way by using line 17 advance mitigation planning. line 18 (e)  Working with state and federal resource protection agencies, line 19 the department can identify, conserve, and, where appropriate, line 20 restore lands for mitigation of numerous projects early in the line 21 projects’ timelines, thereby allowing public funds to stretch further line 22 by acquiring habitat at a lower cost and avoiding environmental line 23 permitting delays. line 24 (f)  Advance mitigation can provide an effective means of line 25 facilitating delivery of transportation projects while ensuring more line 26 effective natural resource conservation. line 27 (g)  Advance mitigation is needed to direct mitigation funding line 28 for transportation projects to agreed-upon conservation priorities line 29 and to the creation of habitat reserves and recreation areas that line 30 enhance the sustainability of human and natural systems by line 31 protecting or restoring connectivity of natural communities and line 32 the delivery of ecosystem services. line 33 (h)  Advance mitigation can facilitate the implementation of line 34 climate change adaptation strategies both for ecosystems and line 35 California’s economy. line 36 (i)  Advance mitigation can enable the state to protect, restore, line 37 and recover its natural resources as it strengthens and improves line 38 its transportation systems. line 39 21203. The Legislature intends to do all of the following by line 40 enacting this division: 98 — 24 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 105 line 1 (a)  Facilitate delivery of transportation projects while ensuring line 2 more effective natural resource conservation. line 3 (b)  Develop effective strategies to improve the state’s ability to line 4 meet mounting demands for transportation improvements and to line 5 maximize conservation and other public benefits. line 6 (c)  Achieve conservation objectives of statewide and regional line 7 importance by coordinating local, state, and federally funded line 8 natural resource conservation efforts with mitigation actions line 9 required for impacts from transportation projects. line 10 (d)  Create administrative, governance, and financial incentives line 11 and mechanisms necessary to ensure that measures required to line 12 minimize or mitigate impacts from transportation projects will line 13 serve to achieve regional or statewide natural resource conservation line 14 objectives. line 15 line 16 Chapter 2. Definitions line 17 line 18 21204. For purposes of this division, the following terms have line 19 the following meanings: line 20 (a)  “Acquire” and “acquisition” mean, with respect to land or line 21 a waterway, acquisition of fee title or purchase of a conservation line 22 easement, that protects conservation and mitigation values on the line 23 land or waterway in perpetuity. line 24 (b)  “Advance mitigation” means mitigation implemented before, line 25 and in anticipation of, environmental effects of planned line 26 transportation projects. line 27 (c)  “Commission” means the California Transportation line 28 Commission. line 29 (d)  “Department” means the Department of Transportation. line 30 (e)  “Transportation agency” means the department, the line 31 High-Speed Rail Authority, a metropolitan planning organization, line 32 a regional transportation planning agency, or another public agency line 33 that implements transportation projects. line 34 (f)  “Transportation project” means a transportation capital line 35 improvement project. line 36 (g)  “Planned transportation project” means a transportation line 37 project that a transportation agency has concluded is reasonably line 38 likely to be constructed within 20 years and that has been identified line 39 to the agency for purposes of this division. A planned transportation 98 AB 26— 25 — November 15, 2016 Contra Costa County Board of Supervisors 106 line 1 project may include, but is not limited to, a transportation project line 2 that has been proposed for approval or that has been approved. line 3 (h)  “Program” means the Advance Mitigation Program line 4 implemented pursuant to this division. line 5 (i)  “Regulatory agency” means a state or federal natural resource line 6 protection agency with regulatory authority over planned line 7 transportation projects. A regulatory agency includes, but is not line 8 limited to, the Natural Resources Agency, the Department of Fish line 9 and Wildlife, California regional water quality control boards, the line 10 United States Fish and Wildlife Service, the National Marine line 11 Fisheries Service, the United States Environmental Protection line 12 Agency, and the United States Army Corps of Engineers. line 13 line 14 Chapter 3. Advance Mitigation Program line 15 line 16 21205. (a)  The Advance Mitigation Program is hereby created line 17 in the department to accelerate project delivery and improve line 18 environmental outcomes of environmental mitigation for planned line 19 transportation projects. line 20 (b)  The program may utilize mitigation instruments, including, line 21 but not limited to, mitigation banks, in lieu of fee programs, and line 22 conservation easements as defined in Section 815.1 of the Civil line 23 Code. line 24 (c)  The department shall track all implemented advance line 25 mitigation projects to use as credits for environmental mitigation line 26 for state-sponsored transportation projects. line 27 (d)  The department may use advance mitigation credits to fulfill line 28 mitigation requirements of any environmental law for a line 29 transportation project eligible for the State Transportation line 30 Improvement Program or the State Highway Operation and line 31 Protection Program. line 32 21206. No later than February 1, 2017, the department shall line 33 establish an interagency transportation advance mitigation steering line 34 committee consisting of the department and appropriate state and line 35 federal regulatory agencies to support the program so that advance line 36 mitigation can be used as required mitigation for planned line 37 transportation projects and can provide improved environmental line 38 outcomes. The committee shall advise the department of line 39 opportunities to carry out advance mitigation projects, provide the line 40 best available science, and actively participate in mitigation 98 — 26 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 107 line 1 instrument reviews and approvals. The committee shall seek to line 2 develop streamlining opportunities, including those related to line 3 landscape scale mitigation planning and alignment of federal and line 4 state regulations and procedures related to mitigation requirements line 5 and implementation. The committee shall also provide input on line 6 crediting, using, and tracking of advance mitigation investments. line 7 21207. The Advance Mitigation Fund is hereby created in the line 8 State Transportation Fund as a revolving fund. Notwithstanding line 9 Section 13340 of the Government Code, the fund shall be line 10 continuously appropriated without regard to fiscal years. The line 11 moneys in the fund shall be programmed by the commission for line 12 the planning and implementation of advance mitigation projects line 13 consistent with the purposes of this chapter. After the transfer of line 14 moneys to the fund for four fiscal years pursuant to subdivision line 15 (c) of Section 2032 of the Streets and Highways Code, commencing line 16 in the 2017–18 fiscal year, the program is intended to be line 17 self-sustaining. Advance expenditures from the fund shall later be line 18 reimbursed from project funding available at the time a planned line 19 transportation project is constructed. A maximum of 5 percent of line 20 available funds may be used for administrative purposes. line 21 21208. The program is intended to improve the efficiency and line 22 efficacy of mitigation only and is not intended to supplant the line 23 requirements of the California Environmental Quality Act (Division line 24 13 (commencing with Section 21000) or any other environmental line 25 law. The identification of planned transportation projects and of line 26 mitigation projects or measures for planned transportation projects line 27 under this division does not imply or require approval of those line 28 projects for purposes of the California Environmental Quality Act line 29 (Division 13 (commencing with Section 21000) or any other line 30 environmental law. line 31 SEC. 14. Section 99312.1 of the Public Utilities Code is line 32 amended to read: line 33 99312.1. (a)  Revenues transferred to the Public Transportation line 34 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue line 35 and Taxation Code are hereby continuously appropriated to the line 36 Controller for allocation as follows: line 37 (1)  Fifty percent for allocation to transportation planning line 38 agencies, county transportation commissions, and the San Diego line 39 Metropolitan Transit Development Board pursuant to Section line 40 99314. 98 AB 26— 27 — November 15, 2016 Contra Costa County Board of Supervisors 108 line 1 (2)  Fifty percent for allocation to transportation agencies, county line 2 transportation commissions, and the San Diego Metropolitan line 3 Transit Development Board for purposes of Section 99313. line 4 (b)  For purposes of this chapter, the revenues allocated pursuant line 5 to this section shall be subject to the same requirements as revenues line 6 allocated pursuant to subdivisions (b) and (c), as applicable, of line 7 Section 99312. line 8 (c)  The revenues transferred to the Public Transportation line 9 Account that are attributable to the increase in the sales and use line 10 tax on diesel fuel pursuant to subdivision (b) of Section 6051.8 of line 11 the Revenue and Taxation Code, as adjusted pursuant to line 12 subdivision (c) of that section, and subdivision (b) of Section line 13 6201.8 of the Revenue and Taxation Code, as adjusted pursuant line 14 to subdivision (c) of that section, upon allocation pursuant to line 15 Sections 99313 and 99314, shall only be expended on the line 16 following: line 17 (1)  Transit capital projects or services to maintain or repair a line 18 transit operator’s existing transit vehicle fleet or existing transit line 19 facilities, including rehabilitation or modernization of existing line 20 vehicles or facilities. line 21 (2)  The design, acquisition, and construction of new vehicles line 22 or facilities that improve existing transit services. line 23 (3)  Transit services that complement local efforts for repair and line 24 improvement of local transportation infrastructure. line 25 (d)  (1)  Prior to receiving an apportionment of funds pursuant line 26 to subdivision (c) from the Controller in a fiscal year, a recipient line 27 transit agency shall submit to the Department of Transportation a line 28 list of projects proposed to be funded with these funds. The list of line 29 projects proposed to be funded with these funds shall include a line 30 description and location of each proposed project, a proposed line 31 schedule for the project’s completion, and the estimated useful life line 32 of the improvement. The project list shall not limit the flexibility line 33 of a recipient transit agency to fund projects in accordance with line 34 local needs and priorities so long as the projects are consistent line 35 with subdivision (c). line 36 (2)  The department shall report to the Controller the recipient line 37 transit agencies that have submitted a list of projects as described line 38 in this subdivision and that are therefore eligible to receive an line 39 apportionment of funds for the applicable fiscal year. The 98 — 28 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 109 line 1 Controller, upon receipt of the report, shall apportion funds line 2 pursuant to Sections 99313 and 99314. line 3 (e)  For each fiscal year, each recipient transit agency receiving line 4 an apportionment of funds pursuant to subdivision (c) shall, upon line 5 expending those funds, submit documentation to the department line 6 that includes a description and location of each completed project, line 7 the amount of funds expended on the project, the completion date, line 8 and the estimated useful life of the improvement. line 9 (f)  The audit of transit operator finances required pursuant to line 10 Section 99245 shall verify that the revenues identified in line 11 subdivision (c) have been expended in conformance with these line 12 specific requirements and all other generally applicable line 13 requirements. line 14 SEC. 15. Section 6051.8 of the Revenue and Taxation Code line 15 is amended to read: line 16 6051.8. (a)  Except as provided by Section 6357.3, in addition line 17 to the taxes imposed by this part, for the privilege of selling line 18 tangible personal property at retail a tax is hereby imposed upon line 19 all retailers at the rate of 1.75 percent of the gross receipts of any line 20 retailer from the sale of all diesel fuel. line 21 (b)  Except as provided by Section 6357.3, in addition to the line 22 taxes imposed by this part and by subdivision (a), for the privilege line 23 of selling tangible personal property at retail a tax is hereby line 24 imposed upon all retailers at the rate of 3.5 percent of the gross line 25 receipts of any retailer from the sale of all diesel fuel, as defined line 26 in Section 60022, sold at retail in this state. The tax imposed under line 27 this subdivision shall be imposed on and after the first day of the line 28 first calendar quarter that occurs 90 days after the effective date line 29 of the act adding this subdivision. line 30 (c)  Beginning July 1, 2019, and every third year thereafter, the line 31 State Board of Equalization shall recompute the rates of the taxes line 32 imposed by this section. That computation shall be made as line 33 follows: line 34 (1)  The Department of Finance shall transmit to the State Board line 35 of Equalization the percentage change in the California Consumer line 36 Price Index for all items from November of three calendar years line 37 prior to November of the prior calendar year, no later than January line 38 31, 2019, and January 31 of every third year thereafter. line 39 (2)  The State Board of Equalization shall do all of the following: 98 AB 26— 29 — November 15, 2016 Contra Costa County Board of Supervisors 110 line 1 (A)  Compute an inflation adjustment factor by adding 100 line 2 percent to the percentage change figure that is furnished pursuant line 3 to paragraph (1) and dividing the result by 100. line 4 (B)  Multiply the preceding tax rate per gallon by the inflation line 5 adjustment factor determined in subparagraph (A) and round off line 6 the resulting product to the nearest tenth of a cent. line 7 (C)  Make its determination of the new rate no later than March line 8 1 of the same year as the effective date of the new rate. line 9 (d)  Notwithstanding subdivision (b) of Section 7102, all of the line 10 revenues, less refunds, collected pursuant to this section shall be line 11 estimated by the State Board of Equalization, with the concurrence line 12 of the Department of Finance, and transferred quarterly to the line 13 Public Transportation Account in the State Transportation Fund line 14 for allocation pursuant to Section 99312.1 of the Public Utilities line 15 Code. line 16 SEC. 16. Section 6201.8 of the Revenue and Taxation Code line 17 is amended to read: line 18 6201.8. (a)  Except as provided by Section 6357.3, in addition line 19 to the taxes imposed by this part, an excise tax is hereby imposed line 20 on the storage, use, or other consumption in this state of diesel line 21 fuel, as defined in Section 60022, at the rate of 1.75 percent of the line 22 sales price of the diesel fuel. line 23 (b)  Except as provided by Section 6357.3, in addition to the line 24 taxes imposed by this part and by subdivision (a), an excise tax is line 25 hereby imposed on the storage, use, or other consumption in this line 26 state of diesel fuel, as defined in Section 60022, at the rate of 3.5 line 27 percent of the sales price of the diesel fuel. The tax imposed under line 28 this subdivision shall be imposed on and after the first day of the line 29 first calendar quarter that occurs 90 days after the effective date line 30 of the act adding this subdivision. line 31 (c)  Beginning July 1, 2019, and every third year thereafter, the line 32 State Board of Equalization shall recompute the rates of the taxes line 33 imposed by this section. That computation shall be made as line 34 follows: line 35 (1)  The Department of Finance shall transmit to the State Board line 36 of Equalization the percentage change in the California Consumer line 37 Price Index for all items from November of three calendar years line 38 prior to November of the prior calendar year, no later than January line 39 31, 2019, and January 31 of every third year thereafter. line 40 (2)  The State Board of Equalization shall do all of the following: 98 — 30 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 111 line 1 (A)  Compute an inflation adjustment factor by adding 100 line 2 percent to the percentage change figure that is furnished pursuant line 3 to paragraph (1) and dividing the result by 100. line 4 (B)  Multiply the preceding tax rate per gallon by the inflation line 5 adjustment factor determined in subparagraph (A) and round off line 6 the resulting product to the nearest tenth of a cent. line 7 (C)  Make its determination of the new rate no later than March line 8 1 of the same year as the effective date of the new rate. line 9 (d)  Notwithstanding subdivision (b) of Section 7102, all of the line 10 revenues, less refunds, collected pursuant to this section shall be line 11 estimated by the State Board of Equalization, with the concurrence line 12 of the Department of Finance, and transferred quarterly to the line 13 Public Transportation Account in the State Transportation Fund line 14 for allocation pursuant to Section 99312.1 of the Public Utilities line 15 Code. line 16 SEC. 17. Section 7360 of the Revenue and Taxation Code is line 17 amended to read: line 18 7360. (a)  (1)  (A)  A tax of eighteen cents ($0.18) is hereby line 19 imposed upon each gallon of fuel subject to the tax in Sections line 20 7362, 7363, and 7364. line 21 (B)  In addition to the tax imposed pursuant to subparagraph line 22 (A), on and after the first day of the first calendar quarter that line 23 occurs 90 days after the effective date of the act adding this line 24 subparagraph, a tax of seventeen cents ($0.17) is hereby imposed line 25 upon each gallon of fuel, other than aviation gasoline, subject to line 26 the tax in Sections 7362, 7363, and 7364. line 27 (2)  If the federal fuel tax is reduced below the rate of nine cents line 28 ($0.09) per gallon and federal financial allocations to this state for line 29 highway and exclusive public mass transit guideway purposes are line 30 reduced or eliminated correspondingly, the tax rate imposed by line 31 subparagraph (A) of paragraph (1), on and after the date of the line 32 reduction, shall be recalculated by an amount so that the combined line 33 state rate under subparagraph (A) of paragraph (1) and the federal line 34 tax rate per gallon equal twenty-seven cents ($0.27). line 35 (3)  If any person or entity is exempt or partially exempt from line 36 the federal fuel tax at the time of a reduction, the person or entity line 37 shall continue to be so exempt under this section. line 38 (b)  On and after July 1, 2010, in addition to the tax imposed by line 39 subdivision (a), a tax is hereby imposed upon each gallon of motor line 40 vehicle fuel, other than aviation gasoline, subject to the tax in 98 AB 26— 31 — November 15, 2016 Contra Costa County Board of Supervisors 112 line 1 Sections 7362, 7363, and 7364 in an amount equal to seventeen line 2 and three-tenths cents ($0.173) per gallon. line 3 (c)  Beginning July 1, 2019, and every third year thereafter, the line 4 State Board of Equalization shall recompute the rates of the taxes line 5 imposed by this section. That computation shall be made as line 6 follows: line 7 (1)  The Department of Finance shall transmit to the State Board line 8 of Equalization the percentage change in the California Consumer line 9 Price Index for all items from November of three calendar years line 10 prior to November of the prior calendar year, no later than January line 11 31, 2019, and January 31 of every third year thereafter. line 12 (2)  The State Board of Equalization shall do all of the following: line 13 (A)  Compute an inflation adjustment factor by adding 100 line 14 percent to the percentage change figure that is furnished pursuant line 15 to paragraph (1) and dividing the result by 100. line 16 (B)  Multiply the preceding tax rate per gallon by the inflation line 17 adjustment factor determined in subparagraph (A) and round off line 18 the resulting product to the nearest tenth of a cent. line 19 (C)  Make its determination of the new rate no later than March line 20 1 of the same year as the effective date of the new rate. line 21 SEC. 18. Section 8352.4 of the Revenue and Taxation Code line 22 is amended to read: line 23 8352.4. (a)  Subject to Sections 8352 and 8352.1, and except line 24 as otherwise provided in subdivision (b), there shall be transferred line 25 from the money deposited to the credit of the Motor Vehicle Fuel line 26 Account to the Harbors and Watercraft Revolving Fund, for line 27 expenditure in accordance with Division 1 (commencing with line 28 Section 30) of the Harbors and Navigation Code, the sum of six line 29 million six hundred thousand dollars ($6,600,000) per annum, line 30 representing the amount of money in the Motor Vehicle Fuel line 31 Account attributable to taxes imposed on distributions of motor line 32 vehicle fuel used or usable in propelling vessels. The actual amount line 33 shall be calculated using the annual reports of registered boats line 34 prepared by the Department of Motor Vehicles for the United line 35 States Coast Guard and the formula and method of the December line 36 1972 report prepared for this purpose and submitted to the line 37 Legislature on December 26, 1972, by the Director of line 38 Transportation. If the amount transferred during each fiscal year line 39 is in excess of the calculated amount, the excess shall be line 40 retransferred from the Harbors and Watercraft Revolving Fund to 98 — 32 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 113 line 1 the Motor Vehicle Fuel Account. If the amount transferred is less line 2 than the amount calculated, the difference shall be transferred from line 3 the Motor Vehicle Fuel Account to the Harbors and Watercraft line 4 Revolving Fund. No adjustment shall be made if the computed line 5 difference is less than fifty thousand dollars ($50,000), and the line 6 amount shall be adjusted to reflect any temporary or permanent line 7 increase or decrease that may be made in the rate under the Motor line 8 Vehicle Fuel Tax Law. Payments pursuant to this section shall be line 9 made prior to payments pursuant to Section 8352.2. line 10 (b)  Commencing July 1, 2016, the revenues attributable to the line 11 taxes imposed pursuant to subdivision (b) of Section 7360 and line 12 Section 7361.1 and otherwise to be deposited in the Harbors and line 13 Watercraft Revolving Fund pursuant to subdivision (a) shall instead line 14 be transferred to the Highway Users Tax Account for distribution line 15 pursuant to Section 2103.1 of the Streets and Highways Code. line 16 SEC. 19. Section 8352.5 of the Revenue and Taxation Code line 17 is amended to read: line 18 8352.5. (a)  (1)  Subject to Sections 8352 and 8352.1, and line 19 except as otherwise provided in subdivision (b), there shall be line 20 transferred from the money deposited to the credit of the Motor line 21 Vehicle Fuel Account to the Department of Food and Agriculture line 22 Fund, during the second quarter of each fiscal year, an amount line 23 equal to the estimate contained in the most recent report prepared line 24 pursuant to this section. line 25 (2)  The amounts are not subject to Section 6357 with respect line 26 to the collection of sales and use taxes thereon, and represent the line 27 portion of receipts in the Motor Vehicle Fuel Account during a line 28 calendar year that were attributable to agricultural off-highway line 29 use of motor vehicle fuel which is subject to refund pursuant to line 30 Section 8101, less gross refunds allowed by the Controller during line 31 the fiscal year ending June 30 following the calendar year to line 32 persons entitled to refunds for agricultural off-highway use line 33 pursuant to Section 8101. Payments pursuant to this section shall line 34 be made prior to payments pursuant to Section 8352.2. line 35 (b)  Commencing July 1, 2016, the revenues attributable to the line 36 taxes imposed pursuant to subdivision (b) of Section 7360 and line 37 Section 7361.1 and otherwise to be deposited in the Department line 38 of Food and Agriculture Fund pursuant to subdivision (a) shall line 39 instead be transferred to the Highway Users Tax Account for 98 AB 26— 33 — November 15, 2016 Contra Costa County Board of Supervisors 114 line 1 distribution pursuant to Section 2103.1 of the Streets and Highways line 2 Code. line 3 (c)  On or before September 30, 2012, and on or before line 4 September 30 of each even-numbered year thereafter, the Director line 5 of Transportation and the Director of Food and Agriculture shall line 6 jointly prepare, or cause to be prepared, a report setting forth the line 7 current estimate of the amount of money in the Motor Vehicle line 8 Fuel Account attributable to agricultural off-highway use of motor line 9 vehicle fuel, which is subject to refund pursuant to Section 8101 line 10 less gross refunds allowed by the Controller to persons entitled to line 11 refunds for agricultural off-highway use pursuant to Section 8101; line 12 and they shall submit a copy of the report to the Legislature. line 13 SEC. 20. Section 8352.6 of the Revenue and Taxation Code line 14 is amended to read: line 15 8352.6. (a)  (1)  Subject to Section 8352.1, and except as line 16 otherwise provided in paragraphs (2) and (3), on the first day of line 17 every month, there shall be transferred from moneys deposited to line 18 the credit of the Motor Vehicle Fuel Account to the Off-Highway line 19 Vehicle Trust Fund created by Section 38225 of the Vehicle Code line 20 an amount attributable to taxes imposed upon distributions of motor line 21 vehicle fuel used in the operation of motor vehicles off highway line 22 and for which a refund has not been claimed. Transfers made line 23 pursuant to this section shall be made prior to transfers pursuant line 24 to Section 8352.2. line 25 (2)  Commencing July 1, 2016, the revenues attributable to the line 26 taxes imposed pursuant to subdivision (b) of Section 7360 and line 27 Section 7361.1 and otherwise to be deposited in the Off-Highway line 28 Vehicle Trust Fund pursuant to paragraph (1) shall instead be line 29 transferred to the Highway Users Tax Account for distribution line 30 pursuant to Section 2103.1 of the Streets and Highways Code. line 31 (3)  The Controller shall withhold eight hundred thirty-three line 32 thousand dollars ($833,000) from the monthly transfer to the line 33 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and line 34 transfer that amount to the General Fund. line 35 (b)  The amount transferred to the Off-Highway Vehicle Trust line 36 Fund pursuant to paragraph (1) of subdivision (a), as a percentage line 37 of the Motor Vehicle Fuel Account, shall be equal to the percentage line 38 transferred in the 2006–07 fiscal year. Every five years, starting line 39 in the 2013–14 fiscal year, the percentage transferred may be line 40 adjusted by the Department of Transportation in cooperation with 98 — 34 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 115 line 1 the Department of Parks and Recreation and the Department of line 2 Motor Vehicles. Adjustments shall be based on, but not limited line 3 to, the changes in the following factors since the 2006–07 fiscal line 4 year or the last adjustment, whichever is more recent: line 5 (1)  The number of vehicles registered as off-highway motor line 6 vehicles as required by Division 16.5 (commencing with Section line 7 38000) of the Vehicle Code. line 8 (2)  The number of registered street-legal vehicles that are line 9 anticipated to be used off highway, including four-wheel drive line 10 vehicles, all-wheel drive vehicles, and dual-sport motorcycles. line 11 (3)  Attendance at the state vehicular recreation areas. line 12 (4)  Off-highway recreation use on federal lands as indicated by line 13 the United States Forest Service’s National Visitor Use Monitoring line 14 and the United States Bureau of Land Management’s Recreation line 15 Management Information System. line 16 (c)  It is the intent of the Legislature that transfers from the Motor line 17 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund line 18 should reflect the full range of motorized vehicle use off highway line 19 for both motorized recreation and motorized off-road access to line 20 other recreation opportunities. Therefore, the Legislature finds that line 21 the fuel tax baseline established in subdivision (b), attributable to line 22 off-highway estimates of use as of the 2006–07 fiscal year, line 23 accounts for the three categories of vehicles that have been found line 24 over the years to be users of fuel for off-highway motorized line 25 recreation or motorized access to nonmotorized recreational line 26 pursuits. These three categories are registered off-highway line 27 motorized vehicles, registered street-legal motorized vehicles used line 28 off highway, and unregistered off-highway motorized vehicles. line 29 (d)  It is the intent of the Legislature that the off-highway motor line 30 vehicle recreational use to be determined by the Department of line 31 Transportation pursuant to paragraph (2) of subdivision (b) be that line 32 usage by vehicles subject to registration under Division 3 line 33 (commencing with Section 4000) of the Vehicle Code, for line 34 recreation or the pursuit of recreation on surfaces where the use line 35 of vehicles registered under Division 16.5 (commencing with line 36 Section 38000) of the Vehicle Code may occur. line 37 (e)  In the 2014–15 fiscal year, the Department of Transportation, line 38 in consultation with the Department of Parks and Recreation and line 39 the Department of Motor Vehicles, shall undertake a study to line 40 determine the appropriate adjustment to the amount transferred 98 AB 26— 35 — November 15, 2016 Contra Costa County Board of Supervisors 116 line 1 pursuant to subdivision (b) and to update the estimate of the amount line 2 attributable to taxes imposed upon distributions of motor vehicle line 3 fuel used in the operation of motor vehicles off highway and for line 4 which a refund has not been claimed. The department shall provide line 5 a copy of this study to the Legislature no later than January 1, line 6 2016. line 7 SEC. 21. Section 60050 of the Revenue and Taxation Code is line 8 amended to read: line 9 60050. (a)  (1)  A tax of thirteen cents ($0.13) is hereby line 10 imposed upon each gallon of diesel fuel subject to the tax in line 11 Sections 60051, 60052, and 60058. line 12 (2)  If the federal fuel tax is reduced below the rate of fifteen line 13 cents ($0.15) per gallon and federal financial allocations to this line 14 state for highway and exclusive public mass transit guideway line 15 purposes are reduced or eliminated correspondingly, the tax rate line 16 imposed by paragraph (1) shall be increased by an amount so that line 17 the combined state rate under paragraph (1) and the federal tax line 18 rate per gallon equal what it would have been in the absence of line 19 the federal reduction. line 20 (3)  If any person or entity is exempt or partially exempt from line 21 the federal fuel tax at the time of a reduction, the person or entity line 22 shall continue to be exempt under this section. line 23 (b)  In addition to the tax imposed pursuant to subdivision (a), line 24 on and after the first day of the first calendar quarter that occurs line 25 90 days after the effective date of the act amending this subdivision line 26 in the 2015 First Extraordinary Session, an additional tax of thirty line 27 cents ($0.30) is hereby imposed upon each gallon of diesel fuel line 28 subject to the tax in Sections 60051, 60052, and 60058. line 29 (c)  Beginning July 1, 2019, and every third year thereafter, the line 30 State Board of Equalization shall recompute the rates of the taxes line 31 imposed by this section. That computation shall be made as line 32 follows: line 33 (1)  The Department of Finance shall transmit to the State Board line 34 of Equalization the percentage change in the California Consumer line 35 Price Index for all items from November of three calendar years line 36 prior to November of the prior calendar year, no later than January line 37 31, 2019, and January 31 of every third year thereafter. line 38 (2)  The State Board of Equalization shall do all of the following: 98 — 36 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 117 line 1 (A)  Compute an inflation adjustment factor by adding 100 line 2 percent to the percentage change figure that is furnished pursuant line 3 to paragraph (1) and dividing the result by 100. line 4 (B)  Multiply the preceding tax rate per gallon by the inflation line 5 adjustment factor determined in subparagraph (A) and round off line 6 the resulting product to the nearest tenth of a cent. line 7 (C)  Make its determination of the new rate no later than March line 8 1 of the same year as the effective date of the new rate. line 9 SEC. 22. Section 183.1 of the Streets and Highways Code is line 10 amended to read: line 11 183.1. Except as otherwise provided in Section 54237.7 of the line 12 Government Code, money deposited into the account that is not line 13 subject to Article XIX of the California Constitution, including, line 14 but not limited to, money that is derived from the sale of line 15 documents, charges for miscellaneous services to the public, line 16 condemnation deposits fund investments, rental of state property, line 17 or any other miscellaneous uses of property or money, shall be line 18 deposited in the Road Maintenance and Rehabilitation Account line 19 created pursuant to Section 2031. line 20 SEC. 23. Section 820.1 of the Streets and Highways Code is line 21 amended to read: line 22 820.1. (a)  The State of California consents to the jurisdiction line 23 of the federal courts with regard to the compliance, discharge, or line 24 enforcement of the responsibilities assumed by the department line 25 pursuant to Section 326 of, and subsection (a) of Section 327 of, line 26 Title 23 of the United States Code. line 27 (b)  In any action brought pursuant to the federal laws described line 28 in subdivision (a), no immunity from suit may be asserted by the line 29 department pursuant to the Eleventh Amendment to the United line 30 States Constitution, and any immunity is hereby waived. line 31 (c)  The department shall not delegate any of its responsibilities line 32 assumed pursuant to the federal laws described in subdivision (a) line 33 to any political subdivision of the state or its instrumentalities. line 34 (d)  Nothing in this section affects the obligation of the line 35 department to comply with state and federal law. line 36 SEC. 24. Chapter 2 (commencing with Section 2030) is added line 37 to Division 3 of the Streets and Highways Code, to read: 98 AB 26— 37 — November 15, 2016 Contra Costa County Board of Supervisors 118 line 1 Chapter 2. Road Maintenance and Rehabilitation line 2 Program line 3 line 4 2030. (a)  The Road Maintenance and Rehabilitation Program line 5 is hereby created to address deferred maintenance on the state line 6 highway system and the local street and road system. Funds made line 7 available by the program shall be prioritized for expenditure on line 8 basic road maintenance and road rehabilitation projects, and on line 9 critical safety projects. For funds appropriated pursuant to line 10 paragraph (1) of subdivision (d) of Section 2032, the California line 11 Transportation Commission shall adopt performance criteria, line 12 consistent with the asset management plan required pursuant to line 13 14526.4 of the Government Code, to ensure efficient use of the line 14 funds available for these purposes in the program. line 15 (b)  (1)  Funds made available by the program shall be used for line 16 projects that include, but are not limited to, the following: line 17 (A)  Road maintenance and rehabilitation. line 18 (B)  Safety projects. line 19 (C)  Railroad grade separations. line 20 (D)  Complete street components, including active transportation line 21 purposes, pedestrian and bicycle safety projects, transit facilities, line 22 and drainage and stormwater capture projects in conjunction with line 23 any other allowable project. line 24 (E)  Traffic control devices. line 25 (2)  Funds made available by the program may also be used to line 26 satisfy a match requirement in order to obtain state or federal funds line 27 for projects authorized by this subdivision. line 28 2031. The following revenues shall be deposited in the Road line 29 Maintenance and Rehabilitation Account, which is hereby created line 30 in the State Transportation Fund: line 31 (a)  Notwithstanding subdivision (b) of Section 2103, the portion line 32 of the revenues in the Highway Users Tax Account attributable to line 33 the increase in the motor vehicle fuel excise tax by seventeen cents line 34 ($0.17) per gallon pursuant to subdivision (a) of Section 7360 of line 35 the Revenue and Taxation Code, as adjusted pursuant to line 36 subdivision (c) of that section. line 37 (b)  The revenues from the increase in the vehicle registration line 38 fee pursuant to Section 9250.3 of the Vehicle Code. line 39 (c)  The revenues from the increase in the vehicle registration line 40 fee pursuant to Section 9250.6 of the Vehicle Code. 98 — 38 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 119 line 1 (d)  The revenues deposited in the account pursuant to Section line 2 183.1 of the Streets and Highways Code. line 3 (e)  Any other revenues designated for the program. line 4 2031.5. Each fiscal year the annual Budget Act shall contain line 5 an appropriation from the Road Maintenance and Rehabilitation line 6 Account to the Controller for the costs of carrying out his or her line 7 duties pursuant to this chapter and to the California Transportation line 8 Commission for the costs of carrying out its duties pursuant to this line 9 chapter and Section 14526.7 of the Government Code. line 10 2032. (a)  (1)  After deducting the amounts appropriated in the line 11 annual Budget Act, as provided in Section 2031.5, two hundred line 12 million dollars ($200,000,000) of the remaining revenues deposited line 13 in the Road Maintenance and Rehabilitation Account shall be set line 14 aside annually for counties that have sought and received voter line 15 approval of taxes or that have imposed fees, including uniform line 16 developer fees as defined by subdivision (b) of Section 8879.67 line 17 of the Government Code, which taxes or fees are dedicated solely line 18 to transportation improvements. The Controller shall each month line 19 set aside one-twelfth of this amount, to accumulate a total of two line 20 hundred million dollars ($200,000,000) in each fiscal year. line 21 (2)  Notwithstanding Section 13340 of the Government Code, line 22 the funds available under this subdivision in each fiscal year are line 23 hereby continuously appropriated for allocation to each eligible line 24 county and each city in the county for road maintenance and line 25 rehabilitation purposes pursuant to Section 2033. line 26 (b)  (1)  After deducting the amounts appropriated in the annual line 27 Budget Act pursuant to Section 2031.5 and the amount allocated line 28 in subdivision (a), beginning in the 2017–18 fiscal year, eighty line 29 million dollars ($80,000,000) of the remaining revenues shall be line 30 transferred annually to the State Highway Account for expenditure, line 31 upon appropriation by the Legislature, on the Active Transportation line 32 Program created pursuant to Chapter 8 (commencing with Section line 33 2380) of Division 3 to be allocated by the California Transportation line 34 Commission pursuant to Section 2381. line 35 (2)  In addition to the funds transferred in paragraph (1), the line 36 department shall annually identify savings achieved through line 37 efficiencies implemented at the department. The department, line 38 through the annual budget process, shall propose, from the line 39 identified savings, an appropriation to be included in the annual line 40 Budget Act of up to seventy million dollars ($70,000,000), but not 98 AB 26— 39 — November 15, 2016 Contra Costa County Board of Supervisors 120 line 1 to exceed the total annual identified savings, from the State line 2 Highway Account for expenditure on the Active Transportation line 3 Program. line 4 (c)  After deducting the amounts appropriated in the annual line 5 Budget Act pursuant to Section 2031.5, the amount allocated in line 6 subdivision (a) and the amount transferred in paragraph (1) of line 7 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21 line 8 fiscal years, the sum of thirty million dollars ($30,000,000) in each line 9 fiscal year from the remaining revenues shall be transferred to the line 10 Advance Mitigation Fund in the State Transportation Fund created line 11 pursuant to Section 21207 of the Public Resources Code. line 12 (d)  After deducting the amounts appropriated in the annual line 13 Budget Act pursuant to Section 2031.5, the amount allocated in line 14 subdivision (a), and the amounts transferred in paragraph (1) of line 15 subdivision (b) and in subdivision (c), beginning in the 2017–18 line 16 fiscal year and each fiscal year thereafter, and notwithstanding line 17 Section 13340 of the Government Code, there is hereby line 18 continuously appropriated to the California State University the line 19 sum of two million dollars ($2,000,000) from the remaining line 20 revenues for the purpose of conducting transportation research and line 21 transportation-related workforce education, training, and line 22 development. Prior to the start of each fiscal year, the chairs of the line 23 Assembly Committee on Transportation and the Senate Committee line 24 on Transportation and Housing shall confer and set out a line 25 recommended priority list of research components to be addressed line 26 in the upcoming fiscal year. line 27 (e)  Notwithstanding Section 13340 of the Government Code, line 28 the balance of the revenues deposited in the Road Maintenance line 29 and Rehabilitation Account are hereby continuously appropriated line 30 as follows: line 31 (1)  Fifty percent for allocation to the department for maintenance line 32 of the state highway system or for purposes of the state highway line 33 operation and protection program. line 34 (2)  Fifty percent for apportionment to cities and counties by the line 35 Controller pursuant to the formula in clauses (i) and (ii) of line 36 subparagraph (C) of paragraph (3) of subdivision (a) of Section line 37 2103 for the purposes authorized by this chapter. line 38 2033. (a)  On or before January 1, 2017, the commission, in line 39 cooperation with the department, transportation planning agencies, line 40 county transportation commissions, and other local agencies, shall 98 — 40 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 121 line 1 develop guidelines for the allocation of funds pursuant to line 2 subdivision (a) of Section 2032. line 3 (b)  The guidelines shall be the complete and full statement of line 4 the policy, standards, and criteria that the commission intends to line 5 use to determine how these funds will be allocated. line 6 (c)  The commission may amend the adopted guidelines after line 7 conducting at least one public hearing. line 8 2034. (a)  (1)  Prior to receiving an apportionment of funds line 9 under the program pursuant to paragraph (2) of subdivision (d) of line 10 Section 2032 from the Controller in a fiscal year, an eligible city line 11 or county shall submit to the commission a list of projects proposed line 12 to be funded with these funds pursuant to an adopted city or county line 13 budget. All projects proposed to receive funding shall be included line 14 in a city or county budget that is adopted by the applicable city line 15 council or county board of supervisors at a regular public meeting. line 16 The list of projects proposed to be funded with these funds shall line 17 include a description and the location of each proposed project, a line 18 proposed schedule for the project’s completion, and the estimated line 19 useful life of the improvement. The project list shall not limit the line 20 flexibility of an eligible city or county to fund projects in line 21 accordance with local needs and priorities so long as the projects line 22 are consistent with subdivision (b) of Section 2030. line 23 (2)  The commission shall report to the Controller the cities and line 24 counties that have submitted a list of projects as described in this line 25 subdivision and that are therefore eligible to receive an line 26 apportionment of funds under the program for the applicable fiscal line 27 year. The Controller, upon receipt of the report, shall apportion line 28 funds to eligible cities and counties. line 29 (b)  For each fiscal year, each city or county receiving an line 30 apportionment of funds shall, upon expending program funds, line 31 submit documentation to the commission that includes a description line 32 and location of each completed project, the amount of funds line 33 expended on the project, the completion date, and the estimated line 34 useful life of the improvement. line 35 2036. (a)  Cities and counties shall maintain their existing line 36 commitment of local funds for street, road, and highway purposes line 37 in order to remain eligible for an allocation or apportionment of line 38 funds pursuant to Section 2032. line 39 (b)  In order to receive an allocation or apportionment pursuant line 40 to Section 2032, the city or county shall annually expend from its 98 AB 26— 41 — November 15, 2016 Contra Costa County Board of Supervisors 122 line 1 general fund for street, road, and highway purposes an amount not line 2 less than the annual average of its expenditures from its general line 3 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as line 4 reported to the Controller pursuant to Section 2151. For purposes line 5 of this subdivision, in calculating a city’s or county’s annual line 6 general fund expenditures and its average general fund expenditures line 7 for the 2009–10, 2010–11, and 2011–12 fiscal years, any line 8 unrestricted funds that the city or county may expend at its line 9 discretion, including vehicle in-lieu tax revenues and revenues line 10 from fines and forfeitures, expended for street, road, and highway line 11 purposes shall be considered expenditures from the general fund. line 12 One-time allocations that have been expended for street and line 13 highway purposes, but which may not be available on an ongoing line 14 basis, including revenue provided under the Teeter Plan Bond Law line 15 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 line 16 of Division 2 of Title 5 of the Government Code), may not be line 17 considered when calculating a city’s or county’s annual general line 18 fund expenditures. line 19 (c)  For any city incorporated after July 1, 2009, the Controller line 20 shall calculate an annual average expenditure for the period line 21 between July 1, 2009, and December 31, 2015, inclusive, that the line 22 city was incorporated. line 23 (d)  For purposes of subdivision (b), the Controller may request line 24 fiscal data from cities and counties in addition to data provided line 25 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 line 26 fiscal years. Each city and county shall furnish the data to the line 27 Controller not later than 120 days after receiving the request. The line 28 Controller may withhold payment to cities and counties that do line 29 not comply with the request for information or that provide line 30 incomplete data. line 31 (e)  The Controller may perform audits to ensure compliance line 32 with subdivision (b) when deemed necessary. Any city or county line 33 that has not complied with subdivision (b) shall reimburse the state line 34 for the funds it received during that fiscal year. Any funds withheld line 35 or returned as a result of a failure to comply with subdivision (b) line 36 shall be reapportioned to the other counties and cities whose line 37 expenditures are in compliance. line 38 (f)  If a city or county fails to comply with the requirements of line 39 subdivision (b) in a particular fiscal year, the city or county may line 40 expend during that fiscal year and the following fiscal year a total 98 — 42 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 123 line 1 amount that is not less than the total amount required to be line 2 expended for those fiscal years for purposes of complying with line 3 subdivision (b). line 4 2037. A city or county may spend its apportionment of funds line 5 under the program on transportation priorities other than those line 6 allowable pursuant to this chapter if the city’s or county’s average line 7 Pavement Condition Index meets or exceeds 80. line 8 2038. (a)  The department and local agencies, as a condition line 9 of receiving funds from the program, shall adopt and implement line 10 a program designed to promote and advance construction line 11 employment and training opportunities through preapprenticeship line 12 opportunities, either by the public agency itself or through line 13 contractors engaged by the public agencies to do work funded in line 14 whole or in part by funds made available by the program. line 15 (b)  The department and local agencies, as a condition of line 16 receiving funds from the program, shall ensure the involvement line 17 of the California Conservation Corps and certified community line 18 conservation corps in the delivery of projects and services funded line 19 in whole or in part by funds made available by the program. line 20 SEC. 25. Section 2103.1 is added to the Streets and Highways line 21 Code, to read: line 22 2103.1. (a)  Notwithstanding Section 2103, the revenues line 23 transferred to the Highway Users Tax Account pursuant to Sections line 24 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code line 25 shall be distributed pursuant to the formula in paragraph (3) of line 26 subdivision (a) of Section 2103. line 27 (b)  Notwithstanding subdivision (b) of Section 2103, the portion line 28 of revenues in the Highway Users Tax Account attributable to the line 29 increase in the motor vehicle fuel excise tax by seventeen cents line 30 ($0.17) per gallon pursuant to subdivision (a) of Section 7360 of line 31 the Revenue and Taxation Code, as adjusted pursuant to line 32 subdivision (c) of that section, shall be transferred to the Road line 33 Maintenance and Rehabilitation Account pursuant to Section 2031. line 34 (c)  Notwithstanding subdivision (b) of Section 2103, the portion line 35 of revenues in the Highway Users Tax Account attributable to the line 36 increase in the diesel fuel excise tax by thirty cents ($0.30) per line 37 gallon pursuant to subdivision (b) of Section 60050 of the Revenue line 38 and Taxation Code, as adjusted pursuant to subdivision (c) of that line 39 section, shall be transferred to the Trade Corridors Improvement line 40 Fund pursuant to Section 2192.4. 98 AB 26— 43 — November 15, 2016 Contra Costa County Board of Supervisors 124 line 1 SEC. 26. Section 2192 of the Streets and Highways Code is line 2 amended to read: line 3 2192. (a)  (1)  The Trade Corridors Improvement Fund, created line 4 pursuant to subdivision (c) of Section 8879.23 of the Government line 5 Code, is hereby continued in existence to receive revenues from line 6 state sources other than the Highway Safety, Traffic Reduction, line 7 Air Quality, and Port Security Bond Act of 2006. line 8 (2)  Revenues apportioned to the state under Section 167 of Title line 9 23 of the United States Code from the national highway freight line 10 program, pursuant to the federal Fixing America’s Surface line 11 Transportation Act (“FAST Act,” Public Law 114-94) shall be line 12 allocated for projects approved pursuant to this chapter. line 13 (b)  This chapter shall govern the expenditure of those state and line 14 federal revenues described in subdivision (a). line 15 (c)  The funding described in subdivision (a) shall be available line 16 upon appropriation for allocation by the California Transportation line 17 Commission for infrastructure improvements in this state on line 18 federally designated Trade Corridors of National and Regional line 19 Significance, on the Primary Freight Network, and along other line 20 corridors that have a high volume of freight movement, as line 21 determined by the commission. In determining the projects eligible line 22 for funding, the commission shall consult the Transportation line 23 Agency’s state freight plan as described in Section 13978.8 of the line 24 Government Code and the trade infrastructure and goods movement line 25 plan submitted to the commission by the Secretary of line 26 Transportation and the Secretary for Environmental Protection. line 27 The commission shall also consult trade infrastructure and goods line 28 movement plans adopted by regional transportation planning line 29 agencies, adopted regional transportation plans required by state line 30 and federal law, and the applicable port master plan when line 31 determining eligible projects for funding. Eligible projects for line 32 these funds include, but are not limited to, all of the following: line 33 (1)  Highway capacity improvements, rail landside access line 34 improvements, landside freight access improvements to airports, line 35 and operational improvements to more efficiently accommodate line 36 the movement of freight, particularly for ingress and egress to and line 37 from the state’s land ports of entry, rail terminals, and seaports, line 38 including navigable inland waterways used to transport freight line 39 between seaports, land ports of entry, and airports, and to relieve line 40 traffic congestion along major trade or goods movement corridors. 98 — 44 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 125 line 1 (2)  Freight rail system improvements to enhance the ability to line 2 move goods from seaports, land ports of entry, and airports to line 3 warehousing and distribution centers throughout California, line 4 including projects that separate rail lines from highway or local line 5 road traffic, improve freight rail mobility through mountainous line 6 regions, relocate rail switching yards, and other projects that line 7 improve the efficiency and capacity of the rail freight system. line 8 (3)  Projects to enhance the capacity and efficiency of ports. line 9 (4)  Truck corridor and capital and operational improvements, line 10 including dedicated truck facilities or truck toll facilities. line 11 (5)  Border capital and operational improvements that enhance line 12 goods movement between California and Mexico and that line 13 maximize the state’s ability to access funds made available to the line 14 state by federal law. line 15 (6)  Surface transportation and connector road improvements to line 16 effectively facilitate the movement of goods, particularly for line 17 ingress and egress to and from the state’s land ports of entry, line 18 airports, and seaports, to relieve traffic congestion along major line 19 trade or goods movement corridors. line 20 (d)  (1)  Except as provided in paragraph (2), the commission line 21 shall allocate the funding described in subdivision (a) for trade line 22 infrastructure improvements consistent with Section 8879.52 of line 23 the Government Code and the Trade Corridors Improvement Fund line 24 (TCIF) Guidelines adopted by the commission on November 27, line 25 2007, or as amended by the commission, and in a manner that (A) line 26 addresses the state’s most urgent needs, (B) balances the demands line 27 of various land ports of entry, seaports, and airports, (C) provides line 28 reasonable geographic balance between the state’s regions, (D) line 29 places emphasis on projects that improve trade corridor mobility line 30 and safety while reducing emissions of diesel particulate and other line 31 pollutant emissions and reducing other negative community line 32 impacts, and (E) makes a significant contribution to the state’s line 33 economy. line 34 (2)  The commission shall allocate the federal freight funding, line 35 specifically, pursuant to the original TCIF Guidelines, as adopted line 36 by the commission on November 27, 2007, and in the manner line 37 described in (A) to (E), inclusive, of paragraph (1). line 38 (3)  In addition, the commission shall also consider the following line 39 factors when allocating these funds: 98 AB 26— 45 — November 15, 2016 Contra Costa County Board of Supervisors 126 line 1 (A)  “Velocity,” which means the speed by which large cargo line 2 would travel from the land port of entry or seaport through the line 3 distribution system. line 4 (B)  “Throughput,” which means the volume of cargo that would line 5 move from the land port of entry or seaport through the distribution line 6 system. line 7 (C)  “Reliability,” which means a reasonably consistent and line 8 predictable amount of time for cargo to travel from one point to line 9 another on any given day or at any given time in California. line 10 (D)  “Congestion reduction,” which means the reduction in line 11 recurrent daily hours of delay to be achieved. line 12 SEC. 27. Section 2192.1 of the Streets and Highways Code is line 13 amended to read: line 14 2192.1. (a)  To the extent moneys from the Greenhouse Gas line 15 Reduction Fund, attributable to the auction or sale of allowances line 16 as part of a market-based compliance mechanism relative to line 17 reduction of greenhouse gas emissions, are transferred to the Trade line 18 Corridors Improvement Fund, projects funded with those moneys line 19 shall be subject to all of the requirements of existing law applicable line 20 to the expenditure of moneys appropriated from the Greenhouse line 21 Gas Reduction Fund, including, but not limited to, all of the line 22 following: line 23 (1)  Projects shall further the regulatory purposes of the line 24 California Global Warming Solutions Act of 2006 (Division 25.5 line 25 (commencing with Section 38500) of the Health and Safety Code), line 26 including reducing emissions from greenhouse gases in the state, line 27 directing public and private investment toward disadvantaged line 28 communities, increasing the diversity of energy sources, or creating line 29 opportunities for businesses, public agencies, nonprofits, and other line 30 community institutions to participate in and benefit from statewide line 31 efforts to reduce emissions of greenhouse gases. line 32 (2)  Projects shall be consistent with the guidance developed by line 33 the State Air Resources Board pursuant to Section 39715 of the line 34 Health and Safety Code. line 35 (3)  Projects shall be consistent with the required benefits to line 36 disadvantaged communities pursuant to Section 39713 of the line 37 Health and Safety Code. line 38 (b)  All allocations of funds made by the commission pursuant line 39 to this section shall be made in a manner consistent with the criteria line 40 expressed in Section 39712 of the Health and Safety Code and 98 — 46 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 127 line 1 with the investment plan developed by the Department of Finance line 2 pursuant to Section 39716 of the Health and Safety Code. line 3 (c)  For purposes of this section, “disadvantaged community” line 4 means a community with any of the following characteristics: line 5 (1)  An area with a median household income less than 80 line 6 percent of the statewide median household income based on the line 7 most current census tract-level data from the American Community line 8 Survey. line 9 (2)  An area identified by the California Environmental line 10 Protection Agency pursuant to Section 39711 of the Health and line 11 Safety Code. line 12 (3)  An area where at least 75 percent of public school students line 13 are eligible to receive free or reduced-price meals under the line 14 National School Lunch Program. line 15 SEC. 28. Section 2192.2 of the Streets and Highways Code is line 16 amended to read: line 17 2192.2. The commission shall allocate funds made available line 18 by this chapter to projects that have identified and committed line 19 supplemental funding from appropriate local, federal, or private line 20 sources. The commission shall determine the appropriate amount line 21 of supplemental funding each project should have to be eligible line 22 for moneys based on a project-by-project review and an assessment line 23 of the project’s benefit to the state and the program. Funded line 24 improvements shall have supplemental funding that is at least equal line 25 to the amount of the contribution under this chapter. The line 26 commission may give priority for funding to projects with higher line 27 levels of committed supplemental funding. line 28 SEC. 29. Section 2192.4 is added to the Streets and Highways line 29 Code, to read: line 30 2192.4. Notwithstanding subdivision (b) of Section 2103, the line 31 portion of the revenues in the Highway Users Tax Account line 32 attributable to the increase in the diesel fuel excise tax by thirty line 33 cents ($0.30) per gallon pursuant to subdivision (b) of Section line 34 60050 of the Revenue and Taxation Code, as adjusted pursuant to line 35 subdivision (c) of that section, shall be deposited in the Trade line 36 Corridors Improvement Fund. line 37 SEC. 30. Section 9250.3 is added to the Vehicle Code, to read: line 38 9250.3. (a)  In addition to any other fees specified in this code line 39 or the Revenue and Taxation Code, commencing 120 days after line 40 the effective date of the act adding this section, a registration fee 98 AB 26— 47 — November 15, 2016 Contra Costa County Board of Supervisors 128 line 1 of thirty-eight dollars ($38) shall be paid to the department for line 2 registration or renewal of registration of every vehicle subject to line 3 registration under this code, except those vehicles that are expressly line 4 exempted under this code from payment of registration fees. line 5 (b)  Beginning July 1, 2019, and every third year thereafter, the line 6 Department of Motor Vehicles shall adjust the fee imposed under line 7 this section for inflation in an amount equal to the change in the line 8 California Consumer Price Index for the prior three-year period, line 9 as calculated by the Department of Finance, with amounts equal line 10 to or greater than fifty cents ($0.50) rounded to the next highest line 11 whole dollar. line 12 (c)  Revenues from the fee, after the deduction of the line 13 department’s administrative costs related to this section, shall be line 14 deposited in the Road Maintenance and Rehabilitation Account line 15 created pursuant to Section 2031 of the Streets and Highways line 16 Code. line 17 SEC. 31. Section 9250.6 is added to the Vehicle Code, to read: line 18 9250.6. (a)  In addition to any other fees specified in this code, line 19 or the Revenue and Taxation Code, commencing 120 days after line 20 the effective date of the act adding this section, a registration fee line 21 of one hundred and sixty-five dollars ($165) shall be paid to the line 22 department for registration or renewal of registration of every line 23 zero-emission motor vehicle subject to registration under this code, line 24 except those motor vehicles that are expressly exempted under line 25 this code from payment of registration fees. line 26 (b)  Beginning July 1, 2019, and every third year thereafter, the line 27 Department of Motor Vehicles shall adjust the fee imposed under line 28 this section for inflation in an amount equal to the change in the line 29 California Consumer Price Index for the prior three-year period, line 30 as calculated by the Department of Finance, with amounts equal line 31 to or greater than fifty cents ($0.50) rounded to the next highest line 32 whole dollar. line 33 (c)  Revenues from the fee, after deduction of the department’s line 34 administrative costs related to this section, shall be deposited in line 35 the Road Maintenance and Rehabilitation Account created pursuant line 36 to Section 2031 of the Streets and Highways Code. line 37 (d)  This section does not apply to a commercial motor vehicle line 38 subject to Section 9400.1. 98 — 48 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 129 line 1 (e)  The registration fee required pursuant to this section does line 2 not apply to the initial registration after the purchase of a new line 3 zero-emission motor vehicle. line 4 (f)  For purposes of this section, “zero-emission motor vehicle” line 5 means a motor vehicle as described in subdivisions (c) and (d) of line 6 Section 44258 of the Health and Safety Code, or any other motor line 7 vehicle that is able to operate on any fuel other than gasoline or line 8 diesel fuel. line 9 SEC. 32. Section 9400.5 is added to the Vehicle Code, to read: line 10 9400.5. (a)  Notwithstanding Sections 9400.1, 9400.4, and line 11 42205 of this code, Sections 16773 and 16965 of the Government line 12 Code, Section 2103 of the Streets and Highways Code, or any line 13 other law, weight fee revenues shall only be transferred consistent line 14 with the schedule provided in subdivision (b) from the State line 15 Highway Account to the Transportation Debt Service Fund, the line 16 Transportation Bond Direct Payment Account, or any other fund line 17 or account for the purpose of payment of the debt service on line 18 transportation general obligation bonds and shall not be loaned to line 19 the General Fund. line 20 (b)  (1)  The transfer of weight fee revenues, after deduction of line 21 collection costs, from the State Highway Account pursuant to line 22 subdivision (a) shall not exceed: line 23 (A)  80 percent of the total weight fees in the 2017–18 fiscal line 24 year. line 25 (B)  60 percent of the total weight fees in the 2018–19 fiscal line 26 year. line 27 (C)  40 percent of the total weight fees in the 2019–20 fiscal line 28 year. line 29 (D)  20 percent of the total weight fees in the 2020–2021 fiscal line 30 year. line 31 (2)  No weight fees, after deduction of collection costs, shall be line 32 transferred from the State Highway Account after the 2020–21 line 33 fiscal year. line 34 SEC. 33. This act is an urgency statute necessary for the line 35 immediate preservation of the public peace, health, or safety within line 36 the meaning of Article IV of the Constitution and shall go into line 37 immediate effect. The facts constituting the necessity are: 98 AB 26— 49 — November 15, 2016 Contra Costa County Board of Supervisors 130 line 1 In order to provide additional funding for road maintenance and line 2 rehabilitation purposes as quickly as possible, it is necessary for line 3 this act to take effect immediately. O 98 — 50 —AB 26 November 15, 2016 Contra Costa County Board of Supervisors 131 AMENDED IN SENATE AUGUST 29, 2016 AMENDED IN SENATE AUGUST 24, 2016 AMENDED IN SENATE APRIL 21, 2016 AMENDED IN SENATE SEPTEMBER 1, 2015 AMENDED IN SENATE AUGUST 25, 2015 AMENDED IN SENATE JULY 14, 2015 california legislature—2015–16 first extraordinary session SENATE BILL No. 1 Introduced by Senator Beall (Principal coauthor: Assembly Member Frazier) (Coauthors: Senators Allen, Hall, Hertzberg, McGuire, and Mendoza) June 22, 2015 An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to add Sections 14033, 14526.7, and 16321 to, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 39719 of the Health and Safety Code, to amend Section 21080.37 of, and to add Division 13.6 (commencing with Section 21200) to, the Public Resources Code, to amend Section 99312.1 of the Public Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of the Revenue and Taxation Code, to amend Sections 183.1, 820.1, 2192, 2192.1, and 2192.2 of, to add Sections 2103.1 and 2192.4 to, and to add Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to transportation, making an  93 November 15, 2016 Contra Costa County Board of Supervisors 132 appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest SB 1, as amended, Beall. Transportation funding. (1)  Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account. This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria, consistent with a specified asset management plan, to ensure efficient use of certain funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.17 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment, as provided, an increase of $38 in the annual vehicle registration fee with an inflation adjustment, as provided, a new $165 annual vehicle registration fee with an inflation adjustment, as provided, applicable to zero-emission motor vehicles, as defined, and certain miscellaneous revenues described in (7) below that are not restricted as to expenditure by Article XIX of the California Constitution. This bill would annually set aside $200,000,000 of the funds available for the program to fund road maintenance and rehabilitation purposes in counties that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees, as defined, which taxes or fees are dedicated solely to transportation improvements. These funds would be continuously appropriated for allocation pursuant to guidelines to be developed by the California Transportation 93 — 2 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 133 Commission in consultation with local agencies. The bill would require $80,000,000 of the funds available for the program to be annually transferred to the State Highway Account for expenditure on the Active Transportation Program. The bill would require $30,000,000 of the funds available for the program in each of 4 fiscal years beginning in 2017–18 to be transferred to the Advance Mitigation Fund created by the bill pursuant to (12) below. The bill would continuously appropriate $2,000,000 annually of the funds available for the program to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development. The bill would require the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on the department and agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 80. The bill would also require the department to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program. (2)  Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (3)  Existing law creates various state agencies, including the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, and the State Air Resources Board, with specified powers 93 SB 1— 3 — November 15, 2016 Contra Costa County Board of Supervisors 134 and duties. Existing law provides for the allocation of state transportation funds to various transportation purposes. This bill would create the Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that all of the above-referenced state agencies and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be removed from office during the term except for good cause. The bill would specify the duties and responsibilities of the Transportation Inspector General and would require an annual report to the Legislature and Governor. This bill would require the department to update the Highway Design Manual to incorporate the “complete streets” design concept by January 1, 2017. (4)  Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified. This bill would require the Department of Finance, on or before September 1, 2016, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred, pursuant to a specified formula, to cities and counties and to the department for maintenance of the state highway system and for purposes of the state highway operation and protection program. (5)  The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors 93 — 4 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 135 Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. This bill would deposit the revenues attributable to a $0.30 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund. The bill would require revenues apportioned to the state from the national highway freight program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. (6)  Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program. This bill would, beginning in the 2016–17 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program and 10% of those annual proceeds to the Low Carbon Transit Operations Program, thereby making an appropriation. (7)  Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. Existing law requires certain miscellaneous revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and requires the Controller 93 SB 1— 5 — November 15, 2016 Contra Costa County Board of Supervisors 136 to transfer from the fund to the General Fund an amount of those revenues necessary to offset the current year debt service made from the General Fund on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. This bill would delete the transfer of these miscellaneous revenues to the Transportation Debt Service Fund, thereby eliminating the offsetting transfer to the General Fund for debt service on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. The bill, subject to a specified exception, would instead require the miscellaneous revenues to be retained in the State Highway Account and to be deposited in the Road Maintenance and Rehabilitation Account. (8)  Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution. This bill, commencing July 1, 2016, would instead transfer to the Highway Users Tax Account for allocation to state and local transportation purposes under a specified formula the portion of gasoline excise tax revenues currently being deposited in the General Fund that are attributable to boats, agricultural vehicles, and off-highway vehicles. Because that account is continuously appropriated, the bill would make an appropriation. (9)  Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral. This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates and would reimpose the higher gasoline excise tax rate that was in effect on July 93 — 6 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 137 1, 2010, in addition to the increase in the rate described in paragraph (1). Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to be transferred to the Public Transportation Account. Existing law continuously appropriates these revenues to the Controller for allocation by formula to transportation agencies for public transit purposes. This bill would increase the additional sales and use tax on diesel fuel by an additional 3.5%. By increasing the revenues deposited in a continuously appropriated fund, the bill would thereby make an appropriation. The bill would restrict expenditures of revenues from this increase in the sales and use tax on diesel fuel to transit capital purposes and certain transit services and would require a recipient transit agency to comply with certain requirements, including submitting a list of proposed projects to the Department of Transportation, as a condition of receiving a portion of these funds. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. This bill would, beginning July 1, 2019, and every 3rd year thereafter, require the State Board of Equalization to recompute the gasoline and diesel excise tax rates and the additional sales and use tax rate on diesel fuel based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed. (10)  Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. 93 SB 1— 7 — November 15, 2016 Contra Costa County Board of Supervisors 138 This bill would add to the program capital projects relative to the operation of those state highways and bridges. The bill would require the commission, as part of its review of the program, to hold at least one hearing in northern California and one hearing in southern California regarding the proposed program. The bill would require the department to submit any change to a programmed project as an amendment to the commission for its approval. This bill, on and after February 1, 2017, would also require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental project allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed. (11)  Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. This bill, notwithstanding these provisions or any other law, would only authorize specified percentages of weight fee revenues to be transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds in accordance with a prescribed schedule and would prohibit the transfer of weight fee revenues from the State Highway Account after the 2020–21 fiscal year. 93 — 8 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 139 The bill would also prohibit loans of weight fee revenues to the General Fund. (12)  The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements. This bill would extend the above-referenced exemption indefinitely and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways. This bill would also establish the Advance Mitigation Program in the Department of Transportation. The bill would authorize the department to undertake mitigation measures in advance of construction of a planned transportation project. The bill would require the department to establish a steering committee to advise the department on advance mitigation measures and related matters. The bill would create the Advance Mitigation Fund as a continuously appropriated revolving fund, to be funded initially from the Road Maintenance and Rehabilitation Program pursuant to (1) above. The bill would provide for reimbursement of the revolving fund at the time a planned transportation project benefiting from advance mitigation is constructed. (13)  Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provides that the State of California consents to the jurisdiction of the federal courts with regard 93 SB 1— 9 — November 15, 2016 Contra Costa County Board of Supervisors 140 to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in this program. This bill would delete the January 1, 2017, repeal date, thereby extending these provisions indefinitely. (14)  This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  Over the next 10 years, the state faces a $59 billion shortfall line 4 to adequately maintain the existing state highway system in order line 5 to keep it in a basic state of good repair. line 6 (b)  Similarly, cities and counties face a $78 billion shortfall line 7 over the next decade to adequately maintain the existing network line 8 of local streets and roads. line 9 (c)  Statewide taxes and fees dedicated to the maintenance of line 10 the system have not been increased in more than 20 years, with line 11 those revenues losing more than 55 percent of their purchasing line 12 power, while costs to maintain the system have steadily increased line 13 and much of the underlying infrastructure has aged past its expected line 14 useful life. line 15 (d)  California motorists are spending $17 billion annually in line 16 extra maintenance and car repair bills, which is more than $700 line 17 per driver, due to the state’s poorly maintained roads. line 18 (e)  Failing to act now to address this growing problem means line 19 that more drastic measures will be required to maintain our system line 20 in the future, essentially passing the burden on to future generations line 21 instead of doing our job today. line 22 (f)  A funding program will help address a portion of the line 23 maintenance backlog on the state’s road system and will stop the line 24 growth of the problem. line 25 (g)  Modestly increasing various fees can spread the cost of road line 26 repairs broadly to all users and beneficiaries of the road network line 27 without overburdening any one group. line 28 (h)  Improving the condition of the state’s road system will have line 29 a positive impact on the economy as it lowers the transportation 93 — 10 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 141 line 1 costs of doing business, reduces congestion impacts for employees, line 2 and protects property values in the state. line 3 (i)  The federal government estimates that increased spending line 4 on infrastructure creates more than 13,000 jobs per $1 billion spent. line 5 (j)  Well-maintained roads benefit all users, not just drivers, as line 6 roads are used for all modes of transport, whether motor vehicles, line 7 transit, bicycles, or pedestrians. line 8 (k)  Well-maintained roads additionally provide significant health line 9 benefits and prevent injuries and death due to crashes caused by line 10 poorly maintained infrastructure. line 11 (l)  A comprehensive, reasonable transportation funding package line 12 will do all of the following: line 13 (1)  Ensure these transportation needs are addressed. line 14 (2)  Fairly distribute the economic impact of increased funding. line 15 (3)  Restore the gas tax rate previously reduced by the State line 16 Board of Equalization pursuant to the gas tax swap. line 17 (4)  Direct increased revenue to the state’s highest transportation line 18 needs. line 19 SEC. 2. Section 13975 of the Government Code is amended line 20 to read: line 21 13975. There is in the state government the Transportation line 22 Agency. The agency consists of the Department of the California line 23 Highway Patrol, the Department of Motor Vehicles, the Department line 24 of Transportation, the High-Speed Rail Authority, and the Board line 25 of Pilot Commissioners for the Bays of San Francisco, San Pablo, line 26 and Suisun. line 27 SEC. 3. Section 14033 is added to the Government Code, to line 28 read: line 29 14033. On or before January 1, 2017, the department shall line 30 update the Highway Design Manual to incorporate the “complete line 31 streets” design concept. line 32 SEC. 4. Part 5.1 (commencing with Section 14460) is added line 33 to Division 3 of Title 2 of the Government Code, to read: line 34 line 35 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR line 36 GENERAL line 37 line 38 14460. (a)  There is hereby created in state government the line 39 independent Office of the Transportation Inspector General, which line 40 shall not be a subdivision of any other governmental entity, to 93 SB 1— 11 — November 15, 2016 Contra Costa County Board of Supervisors 142 line 1 ensure that the Department of Transportation, the High-Speed Rail line 2 Authority, the Department of the California Highway Patrol, the line 3 Department of Motor Vehicles, the State Air Resources Board, line 4 and all other state agencies expending state transportation funds line 5 are operating efficiently, effectively, and in compliance with line 6 applicable federal and state laws. line 7 (b)  The Governor shall appoint, subject to confirmation by the line 8 Senate, the Transportation Inspector General to a six-year term. line 9 The Transportation Inspector General may not be removed from line 10 office during that term, except for good cause. A finding of good line 11 cause may include substantial neglect of duty, gross misconduct, line 12 or conviction of a crime. The reasons for removal of the line 13 Transportation Inspector General shall be stated in writing and line 14 shall include the basis for removal. The writing shall be sent to line 15 the Secretary of the Senate and the Chief Clerk of the Assembly line 16 at the time of the removal and shall be deemed to be a public line 17 document. line 18 14461. The Transportation Inspector General shall review line 19 policies, practices, and procedures and conduct audits and line 20 investigations of activities involving state transportation funds in line 21 consultation with all affected state agencies. Specifically, the line 22 Transportation Inspector General’s duties and responsibilities shall line 23 include, but not be limited to, all of the following: line 24 (a)  To examine the operating practices of all state agencies line 25 expending state transportation funds to identify fraud and waste, line 26 opportunities for efficiencies, and opportunities to improve the line 27 data used to determine appropriate project resource allocations. line 28 (b)  To identify best practices in the delivery of transportation line 29 projects and develop policies or recommend proposed legislation line 30 enabling state agencies to adopt these practices when practicable. line 31 (c)  To provide objective analysis of and, when possible, offer line 32 solutions to concerns raised by the public or generated within line 33 agencies involving the state’s transportation infrastructure and line 34 project delivery methods. line 35 (d)  To conduct, supervise, and coordinate audits and line 36 investigations relating to the programs and operations of all state line 37 transportation agencies with state-funded transportation projects. line 38 (e)  To recommend policies promoting economy and efficiency line 39 in the administration of programs and operations of all state line 40 agencies with state-funded transportation projects. 93 — 12 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 143 line 1 (f)  To ensure that the Secretary of Transportation and the line 2 Legislature are fully and currently informed concerning fraud or line 3 other serious abuses or deficiencies relating to the expenditure of line 4 funds or administration of programs and operations. line 5 14462. The Transportation Inspector General shall report at line 6 least annually to the Governor and Legislature with a summary of line 7 his or her findings, investigations, and audits. The summary shall line 8 be posted on the Transportation Inspector General’s Internet Web line 9 site and shall otherwise be made available to the public upon its line 10 release to the Governor and Legislature. The summary shall line 11 include, but need not be limited to, significant problems discovered line 12 by the Transportation Inspector General and whether line 13 recommendations of the Transportation Inspector General relative line 14 to investigations and audits have been implemented by the affected line 15 agencies. The report shall be submitted to the Legislature in line 16 compliance with Section 9795. line 17 SEC. 5. Section 14500 of the Government Code is amended line 18 to read: line 19 14500. There is in state government a California Transportation line 20 Commission. The commission shall act in an independent oversight line 21 role. line 22 SEC. 6. Section 14526.5 of the Government Code is amended line 23 to read: line 24 14526.5. (a)  Based on the asset management plan prepared line 25 and approved pursuant to Section 14526.4, the department shall line 26 prepare a state highway operation and protection program for the line 27 expenditure of transportation funds for major capital improvements line 28 that are necessary to preserve and protect the state highway system. line 29 Projects included in the program shall be limited to improvements line 30 relative to maintenance, safety, rehabilitation, and operation of line 31 state highways and bridges that do not add a new traffic lane to line 32 the system. line 33 (b)  The program shall include projects that are expected to be line 34 advertised prior to July 1 of the year following submission of the line 35 program, but which have not yet been funded. The program shall line 36 include those projects for which construction is to begin within line 37 four fiscal years, starting July 1 of the year following the year the line 38 program is submitted. line 39 (c)  (1)  The department, at a minimum, shall specify, for each line 40 project in the state highway operation and protection program, the 93 SB 1— 13 — November 15, 2016 Contra Costa County Board of Supervisors 144 line 1 capital and support budget for each of the following project line 2 components: line 3 (A)  Project approval and environmental documents. line 4 (B)  Plans, specifications, and estimates. line 5 (C)  Rights-of-way. line 6 (D)  Construction. line 7 (2)  The department shall specify, for each project in the state line 8 highway operation and protection program, a projected delivery line 9 date for each of the following components: line 10 (A)  Environmental document completion. line 11 (B)  Plans, specifications, and estimate completion. line 12 (C)  Right-of-way certification. line 13 (D)  Start of construction. line 14 (d)  The department shall submit its proposed program to the line 15 commission not later than January 31 of each even-numbered year. line 16 Prior to submitting its proposed program, the department shall line 17 make a draft of its proposed program available to transportation line 18 planning agencies for review and comment and shall include the line 19 comments in its submittal to the commission. The department shall line 20 provide the commission with detailed information for all line 21 programmed projects, including, but not limited to, cost, scope, line 22 schedule, and performance metrics as determined by the line 23 commission. line 24 (e)  The commission shall review the proposed program relative line 25 to its overall adequacy, consistency with the asset management line 26 plan prepared and approved pursuant to Section 14526.4 and line 27 funding priorities established in Section 167 of the Streets and line 28 Highways Code, the level of annual funding needed to implement line 29 the program, and the impact of those expenditures on the state line 30 transportation improvement program. The commission shall adopt line 31 the program and submit it to the Legislature and the Governor not line 32 later than April 1 of each even-numbered year. The commission line 33 may decline to adopt the program if the commission determines line 34 that the program is not sufficiently consistent with the asset line 35 management plan prepared and approved pursuant to Section line 36 14526.4. line 37 (f)  As part of the commission’s review of the program required line 38 pursuant to subdivision (a), the commission shall hold at least one line 39 hearing in northern California and one hearing in southern line 40 California regarding the proposed program. 93 — 14 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 145 line 1 (g)  Expenditures for these projects shall not be subject to line 2 Sections 188 and 188.8 of the Streets and Highways Code. line 3 (h)  Following adoption of the state highway operation and line 4 protection program by the commission, any change to a line 5 programmed project shall be submitted as an amendment by the line 6 department to the commission for its approval before the change line 7 may be implemented. line 8 SEC. 7. Section 14526.7 is added to the Government Code, to line 9 read: line 10 14526.7. (a)  On and after February 1, 2017, an allocation by line 11 the commission of all capital and support costs for each project in line 12 the state highway operation and protection program shall be line 13 required. line 14 (b)  For a project that experiences increases in capital or support line 15 costs above the amounts in the commission’s allocation pursuant line 16 to subdivision (a), a supplemental project allocation request shall line 17 be submitted by the department to the commission for approval. line 18 (c)  The commission shall establish guidelines to provide line 19 exceptions to the requirement of subdivision (b) that the line 20 commission determines are necessary to ensure that projects are line 21 not unnecessarily delayed. line 22 SEC. 8. Section 14534.1 of the Government Code is repealed. line 23 SEC. 9. Section 16321 is added to the Government Code, to line 24 read: line 25 16321. (a)  Notwithstanding any other law, on or before line 26 September 1, 2016, the Department of Finance shall compute the line 27 amount of outstanding loans made from the State Highway line 28 Account, the Motor Vehicle Fuel Account, the Highway Users line 29 Tax Account, and the Motor Vehicle Account to the General Fund. line 30 The department shall prepare a loan repayment schedule, pursuant line 31 to which the outstanding loans shall be repaid, as follows: line 32 (1)  On or before June 30, 2017, 50 percent of the outstanding line 33 loan amounts. line 34 (2)  On or before June 30, 2018, the remainder of the outstanding line 35 loan amounts. line 36 (b)  Notwithstanding any other law, as the loans are repaid line 37 pursuant to this section, the repaid funds shall be transferred in the line 38 following manner: 93 SB 1— 15 — November 15, 2016 Contra Costa County Board of Supervisors 146 line 1 (1)  Fifty percent to cities and counties pursuant to clauses (i) line 2 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of line 3 Section 2103 of the Streets and Highways Code. line 4 (2)  Fifty percent to the department for maintenance of the state line 5 highway system and for purposes of the state highway operation line 6 and protection program. line 7 (c)  Funds for loan repayments pursuant to this section are hereby line 8 appropriated from the Budget Stabilization Account pursuant to line 9 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1) line 10 of subdivision (c) of Section 20 of Article XVI of the California line 11 Constitution. line 12 SEC. 10. Section 16965 of the Government Code is amended line 13 to read: line 14 16965. (a)  (1)  The Transportation Debt Service Fund is hereby line 15 created in the State Treasury. Moneys in the fund shall be dedicated line 16 to all of the following purposes: line 17 (A)  Payment of debt service with respect to designated bonds, line 18 as defined in subdivision (c) of Section 16773, and as further line 19 provided in paragraph (3) and subdivision (b). line 20 (B)  To reimburse the General Fund for debt service with respect line 21 to bonds. line 22 (C)  To redeem or retire bonds, pursuant to Section 16774, line 23 maturing in a subsequent fiscal year. line 24 (2)  The bonds eligible under subparagraph (B) or (C) of line 25 paragraph (1) include bonds issued pursuant to the Passenger Rail line 26 and Clean Air Bond Act of 1990 (Chapter 17 (commencing with line 27 Section 2701) of Division 3 of the Streets and Highways Code), line 28 the Seismic Retrofit Bond Act of 1996 (Chapter 12.48 line 29 (commencing with Section 8879) of Division 1 of Title 2), and the line 30 Safe, Reliable High-Speed Passenger Train Bond Act for the 21st line 31 Century (Chapter 20 (commencing with Section 2704) of Division line 32 3 of the Streets and Highways Code), and nondesignated bonds line 33 under Proposition 1B, as defined in subdivision (c) of Section line 34 16773. line 35 (3)  (A)  The Transportation Bond Direct Payment Account is line 36 hereby created in the State Treasury, as a subaccount within the line 37 Transportation Debt Service Fund, for the purpose of directly line 38 paying the debt service, as defined in paragraph (4), of designated line 39 bonds of Proposition 1B, as defined in subdivision (c) of Section line 40 16773. Notwithstanding Section 13340, moneys in the 93 — 16 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 147 line 1 Transportation Bond Direct Payment Account are continuously line 2 appropriated for payment of debt service with respect to designated line 3 bonds as provided in subdivision (c) of Section 16773. So long as line 4 any designated bonds remain outstanding, the moneys in the line 5 Transportation Bond Direct Payment Account may not be used line 6 for any other purpose, and may not be borrowed by or available line 7 for transfer to the General Fund pursuant to Section 16310 or any line 8 similar law, or to the General Cash Revolving Fund pursuant to line 9 Section 16381 or any similar law. line 10 (B)  Once the Treasurer makes a certification that payment of line 11 debt service with respect to all designated bonds has been paid or line 12 provided for, any remaining moneys in the Transportation Bond line 13 Direct Payment Account shall be transferred back to the line 14 Transportation Debt Service Fund. line 15 (C)  The moneys in the Transportation Bond Direct Payment line 16 Account shall be invested in the Surplus Money Investment Fund, line 17 and all investment earnings shall accrue to the account. line 18 (D)  The Controller may establish subaccounts within the line 19 Transportation Bond Direct Payment Account as may be required line 20 by the resolution, indenture, or other documents governing any line 21 designated bonds. line 22 (4)  For purposes of this subdivision and subdivision (b), and line 23 subdivision (c) of Section 16773, “debt service” means payment line 24 of all of the following costs and expenses with respect to any line 25 designated bond: line 26 (A)  The principal of and interest on the bonds. line 27 (B)  Amounts payable as the result of tender on any bonds, as line 28 described in clause (iv) of subparagraph (B) of paragraph (1) of line 29 subdivision (d) of Section 16731. line 30 (C)  Amounts payable under any contractual obligation of the line 31 state to repay advances and pay interest thereon under a credit line 32 enhancement or liquidity agreement as described in clause (iv) of line 33 subparagraph (B) of paragraph (1) of subdivision (d) of Section line 34 16731. line 35 (D)  Any amount owed by the state to a counterparty after any line 36 offset for payments owed to the state on any hedging contract as line 37 described in subparagraph (A) of paragraph (2) of subdivision (d) line 38 of Section 16731. line 39 (b)  From the moneys transferred to the fund pursuant to line 40 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the 93 SB 1— 17 — November 15, 2016 Contra Costa County Board of Supervisors 148 line 1 Vehicle Code, there shall first be deposited into the Transportation line 2 Bond Direct Payment Account in each month sufficient funds to line 3 equal the amount designated in a certificate submitted by the line 4 Treasurer to the Controller and the Director of Finance at the start line 5 of each fiscal year, and as may be modified by the Treasurer line 6 thereafter upon issuance of any new issue of designated bonds or line 7 upon change in circumstances that requires such a modification. line 8 This certificate shall be calculated by the Treasurer to identify, for line 9 each month, the amount necessary to fund all of the debt service line 10 with respect to all designated bonds. This calculation shall be done line 11 in a manner provided in the resolution, indenture, or other line 12 documents governing the designated bonds. In the event that line 13 transfers to the Transportation Bond Direct Payment Account in line 14 any month are less than the amounts required in the Treasurer’s line 15 certificate, the shortfall shall carry over to be part of the required line 16 payment in the succeeding month or months. line 17 (c)  The state hereby covenants with the holders from time to line 18 time of any designated bonds that it will not alter, amend, or restrict line 19 the provisions of subdivision (c) of Section 16773 of the line 20 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205 line 21 of the Vehicle Code, which provide directly or indirectly for the line 22 transfer of weight fees to the Transportation Debt Service Fund line 23 or the Transportation Bond Direct Payment Account, or line 24 subdivisions (a) and (b) of this section, or reduce the rate of line 25 imposition of vehicle weight fees under Sections 9400 and 9400.1 line 26 of the Vehicle Code as they existed on the date of the first issuance line 27 of any designated bonds, if that alteration, amendment, restriction, line 28 or reduction would result in projected weight fees for the next line 29 fiscal year determined by the Director of Finance being less than line 30 two times the maximum annual debt service with respect to all line 31 outstanding designated bonds, as such calculation is determined line 32 pursuant to the resolution, indenture, or other documents governing line 33 the designated bonds. The state may include this covenant in the line 34 resolution, indenture, or other documents governing the designated line 35 bonds. line 36 (d)  Once the required monthly deposit, including makeup of line 37 any shortfalls from any prior month, has been made pursuant to line 38 subdivision (b), from moneys transferred to the fund pursuant to line 39 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 40 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the 93 — 18 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 149 line 1 Controller shall transfer as an expenditure reduction to the General line 2 Fund any amount necessary to offset the cost of current year debt line 3 service payments made from the General Fund with respect to any line 4 bonds issued pursuant to Proposition 192 (1996) and three-quarters line 5 of the amount of current year debt service payments made from line 6 the General Fund with respect to any nondesignated bonds, as line 7 defined in subdivision (c) of Section 16773, issued pursuant to line 8 Proposition 1B (2006). In the alternative, these funds may also be line 9 used to redeem or retire the applicable bonds, pursuant to Section line 10 16774, maturing in a subsequent fiscal year as directed by the line 11 Director of Finance. line 12 (e)  Once the required monthly deposit, including makeup of line 13 any shortfalls from any prior month, has been made pursuant to line 14 subdivision (b), from moneys transferred to the fund pursuant to line 15 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 16 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 17 Controller shall transfer as an expenditure reduction to the General line 18 Fund any amount necessary to offset the eligible cost of current line 19 year debt service payments made from the General Fund with line 20 respect to any bonds issued pursuant to Proposition 108 (1990) line 21 and Proposition 1A (2008), and one-quarter of the amount of line 22 current year debt service payments made from the General Fund line 23 with respect to any nondesignated bonds, as defined in subdivision line 24 (c) of Section 16773, issued pursuant to Proposition 1B (2006). line 25 The Department of Finance shall notify the Controller by July 30 line 26 of every year of the percentage of debt service that is expected to line 27 be paid in that fiscal year with respect to bond-funded projects that line 28 qualify as eligible guideway projects consistent with the line 29 requirements applicable to the expenditure of revenues under line 30 Article XIX of the California Constitution, and the Controller shall line 31 make payments only for those eligible projects. In the alternative, line 32 these funds may also be used to redeem or retire the applicable line 33 bonds, pursuant to Section 16774, maturing in a subsequent fiscal line 34 year as directed by the Director of Finance. line 35 (f)  On or before the second business day following the date on line 36 which transfers are made to the Transportation Debt Service Fund, line 37 and after the required monthly deposits for that month, including line 38 makeup of any shortfalls from any prior month, have been made line 39 to the Transportation Bond Direct Payment Account, the Controller line 40 shall transfer the funds designated for reimbursement of bond debt 93 SB 1— 19 — November 15, 2016 Contra Costa County Board of Supervisors 150 line 1 service with respect to nondesignated bonds, as defined in line 2 subdivision (c) of Section 16773, and other bonds identified in line 3 subdivisions (d) and (e) in that month from the fund to the General line 4 Fund pursuant to this section. line 5 SEC. 11. Section 39719 of the Health and Safety Code is line 6 amended to read: line 7 39719. (a)  The Legislature shall appropriate the annual line 8 proceeds of the fund for the purpose of reducing greenhouse gas line 9 emissions in this state in accordance with the requirements of line 10 Section 39712. line 11 (b)  To carry out a portion of the requirements of subdivision line 12 (a), annual proceeds are continuously appropriated for the line 13 following: line 14 (1)  Beginning in the 2016–17 fiscal year, and notwithstanding line 15 Section 13340 of the Government Code, 50 percent of annual line 16 proceeds are continuously appropriated, without regard to fiscal line 17 years, for transit, affordable housing, and sustainable communities line 18 programs as following: line 19 (A)  Twenty percent of the annual proceeds of the fund is hereby line 20 continuously appropriated to the Transportation Agency for the line 21 Transit and Intercity Rail Capital Program created by Part 2 line 22 (commencing with Section 75220) of Division 44 of the Public line 23 Resources Code. line 24 (B)  Ten percent of the annual proceeds of the fund is hereby line 25 continuously appropriated to the Low Carbon Transit Operations line 26 Program created by Part 3 (commencing with Section 75230) of line 27 Division 44 of the Public Resources Code. Moneys shall be line 28 allocated by the Controller, according to requirements of the line 29 program, and pursuant to the distribution formula in subdivision line 30 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, line 31 the Public Utilities Code. line 32 (C)  Twenty percent of the annual proceeds of the fund is hereby line 33 continuously appropriated to the Strategic Growth Council for the line 34 Affordable Housing and Sustainable Communities Program created line 35 by Part 1 (commencing with Section 75200) of Division 44 of the line 36 Public Resources Code. Of the amount appropriated in this line 37 subparagraph, no less than 10 percent of the annual proceeds shall line 38 be expended for affordable housing, consistent with the provisions line 39 of that program. 93 — 20 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 151 line 1 (2)  Beginning in the 2015–16 fiscal year, notwithstanding line 2 Section 13340 of the Government Code, 25 percent of the annual line 3 proceeds of the fund is hereby continuously appropriated to the line 4 High-Speed Rail Authority for the following components of the line 5 initial operating segment and Phase I Blended System as described line 6 in the 2012 business plan adopted pursuant to Section 185033 of line 7 the Public Utilities Code: line 8 (A)  Acquisition and construction costs of the project. line 9 (B)  Environmental review and design costs of the project. line 10 (C)  Other capital costs of the project. line 11 (D)  Repayment of any loans made to the authority to fund the line 12 project. line 13 (c)  In determining the amount of annual proceeds of the fund line 14 for purposes of the calculation in subdivision (b), the funds subject line 15 to Section 39719.1 shall not be included. line 16 SEC. 12. Section 21080.37 of the Public Resources Code is line 17 amended to read: line 18 21080.37. (a)  This division does not apply to a project or an line 19 activity to repair, maintain, or make minor alterations to an existing line 20 roadway if all of the following conditions are met: line 21 (1)  (A)  The project does not cross a waterway. line 22 (B)  For purposes of this paragraph, “waterway” means a bay, line 23 estuary, lake, pond, river, slough, or a perennial, intermittent, or line 24 ephemeral stream, lake, or estuarine-marine shoreline. line 25 (2)  The project involves negligible or no expansion of an line 26 existing use beyond that existing at the time of the lead agency’s line 27 determination. line 28 (3)  (A)  The site of the project does not contain wetlands or line 29 riparian areas and does not have significant value as a wildlife line 30 habitat, and the project does not harm any species protected by the line 31 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et line 32 seq.), the Native Plant Protection Act (Chapter 10 (commencing line 33 with Section 1900) of Division 2 of the Fish and Game Code), or line 34 the California Endangered Species Act (Chapter 1.5 (commencing line 35 with Section 2050) of Division 3 of the Fish and Game Code), and line 36 the project does not cause the destruction or removal of any species line 37 protected by a local ordinance. line 38 (B)  For the purposes of this paragraph: line 39 (i)  “Riparian areas” mean those areas transitional between line 40 terrestrial and aquatic ecosystems and that are distinguished by 93 SB 1— 21 — November 15, 2016 Contra Costa County Board of Supervisors 152 line 1 gradients in biophysical conditions, ecological processes, and biota. line 2 A riparian area is an area through which surface and subsurface line 3 hydrology connect waterbodies with their adjacent uplands. A line 4 riparian area includes those portions of terrestrial ecosystems that line 5 significantly influence exchanges of energy and matter with aquatic line 6 ecosystems. A riparian area is adjacent to perennial, intermittent, line 7 and ephemeral streams, lakes, and estuarine-marine shorelines. line 8 (ii)  “Significant value as a wildlife habitat” includes wildlife line 9 habitat of national, statewide, regional, or local importance; habitat line 10 for species protected by the federal Endangered Species Act of line 11 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered line 12 Species Act (Chapter 1.5 (commencing with Section 2050) of line 13 Division 3 of the Fish and Game Code), or the Native Plant line 14 Protection Act (Chapter 10 (commencing with Section 1900) of line 15 Division 2 of the Fish and Game Code); habitat identified as line 16 candidate, fully protected, sensitive, or species of special status line 17 by local, state, or federal agencies; or habitat essential to the line 18 movement of resident or migratory wildlife. line 19 (iii)  “Wetlands” has the same meaning as in the United States line 20 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). line 21 (iv)  “Wildlife habitat” means the ecological communities upon line 22 which wild animals, birds, plants, fish, amphibians, and line 23 invertebrates depend for their conservation and protection. line 24 (4)  The project does not impact cultural resources. line 25 (5)  The roadway does not affect scenic resources, as provided line 26 pursuant to subdivision (c) of Section 21084. line 27 (b)  Prior to determining that a project is exempt pursuant to this line 28 section, the lead agency shall do both of the following: line 29 (1)  Include measures in the project to mitigate potential line 30 vehicular traffic and safety impacts and bicycle and pedestrian line 31 safety impacts. line 32 (2)  Hold a noticed public hearing on the project to hear and line 33 respond to public comments. The hearing on the project may be line 34 conducted with another noticed lead agency public hearing. line 35 Publication of the notice shall be no fewer times than required by line 36 Section 6061 of the Government Code, by the public agency in a line 37 newspaper of general circulation in the area. line 38 (c)  For purposes of this section, “roadway” means a roadway line 39 as defined pursuant to Section 530 of the Vehicle Code and the line 40 previously graded and maintained shoulder that is within a roadway 93 — 22 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 153 line 1 right-of-way of no more than five feet from the edge of the line 2 roadway. line 3 (d)  (1)  If a state agency determines that a project is not subject line 4 to this division pursuant to this section and it approves or line 5 determines to carry out that project, it shall file a notice with the line 6 Office of Planning and Research in the manner specified in line 7 subdivisions (b) and (c) of Section 21108. line 8 (2)  If a local agency determines that a project is not subject to line 9 this division pursuant to this section and it approves or determines line 10 to carry out that project, it shall file a notice with the Office of line 11 Planning and Research, and with the county clerk in the county in line 12 which the project will be located in the manner specified in line 13 subdivisions (b) and (c) of Section 21152. line 14 SEC. 13. Division 13.6 (commencing with Section 21200) is line 15 added to the Public Resources Code, to read: line 16 line 17 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT line 18 line 19 Chapter 1. General line 20 line 21 21200. This division shall be known, and may be cited, as the line 22 Advance Mitigation Program Act. line 23 21201. (a)  The purpose of this division is to improve the line 24 success and effectiveness of actions implemented to mitigate the line 25 natural resource impacts of future transportation projects by line 26 establishing the means to implement those actions well before the line 27 transportation projects are constructed. The advance identification line 28 and implementation of mitigation actions also will streamline the line 29 delivery of transportation projects by anticipating mitigation line 30 requirements for planned transportation projects and avoiding or line 31 reducing delays associated with environmental permitting. By line 32 identifying regional or statewide conservation priorities and by line 33 anticipating the impacts of planned transportation projects on a line 34 regional or statewide basis, mitigation actions can be designed to line 35 protect and restore California’s most valuable natural resources line 36 and also facilitate environmental compliance for planned line 37 transportation projects on a regional scale. line 38 (b)  This division is not intended to create a new environmental line 39 permitting or regulatory program or to modify existing line 40 environmental laws or regulations, nor is it expected that all 93 SB 1— 23 — November 15, 2016 Contra Costa County Board of Supervisors 154 line 1 mitigation requirements will be addressed for planned line 2 transportation projects. Instead, it is intended to provide a line 3 methodology with which to anticipate and fulfill the requirements line 4 of existing state and federal environmental laws that protect fish, line 5 wildlife, plant species, and other natural resources more efficiently line 6 and effectively. line 7 21202. The Legislature finds and declares all of the following: line 8 (a)  The minimization and mitigation of environmental impacts line 9 is ordinarily handled on a project-by-project basis, usually near line 10 the end of a project’s timeline and often without guidance regarding line 11 regional or statewide conservation priorities. line 12 (b)  The cost of critical transportation projects often escalates line 13 because of permitting delays that occur when appropriate line 14 conservation and mitigation measures cannot easily be identified line 15 and because the cost of these measures often increases between line 16 the time a project is planned and funded and the time mitigation line 17 is implemented. line 18 (c)  Addressing conservation and mitigation needs early in a line 19 project’s timeline, during the project design and development line 20 phase, can reduce costs, allow natural resources conservation to line 21 be integrated with project siting and design, and result in the line 22 establishment of more valuable and productive habitat mitigation. line 23 (d)  When the Department of Transportation is able to anticipate line 24 the mitigation needs for planned transportation projects, it can line 25 meet those needs in a more timely and cost-effective way by using line 26 advance mitigation planning. line 27 (e)  Working with state and federal resource protection agencies, line 28 the department can identify, conserve, and, where appropriate, line 29 restore lands for mitigation of numerous projects early in the line 30 projects’ timelines, thereby allowing public funds to stretch further line 31 by acquiring habitat at a lower cost and avoiding environmental line 32 permitting delays. line 33 (f)  Advance mitigation can provide an effective means of line 34 facilitating delivery of transportation projects while ensuring more line 35 effective natural resource conservation. line 36 (g)  Advance mitigation is needed to direct mitigation funding line 37 for transportation projects to agreed-upon conservation priorities line 38 and to the creation of habitat reserves and recreation areas that line 39 enhance the sustainability of human and natural systems by 93 — 24 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 155 line 1 protecting or restoring connectivity of natural communities and line 2 the delivery of ecosystem services. line 3 (h)  Advance mitigation can facilitate the implementation of line 4 climate change adaptation strategies both for ecosystems and line 5 California’s economy. line 6 (i)  Advance mitigation can enable the state to protect, restore, line 7 and recover its natural resources as it strengthens and improves line 8 its transportation systems. line 9 21203. The Legislature intends to do all of the following by line 10 enacting this division: line 11 (a)  Facilitate delivery of transportation projects while ensuring line 12 more effective natural resource conservation. line 13 (b)  Develop effective strategies to improve the state’s ability to line 14 meet mounting demands for transportation improvements and to line 15 maximize conservation and other public benefits. line 16 (c)  Achieve conservation objectives of statewide and regional line 17 importance by coordinating local, state, and federally funded line 18 natural resource conservation efforts with mitigation actions line 19 required for impacts from transportation projects. line 20 (d)  Create administrative, governance, and financial incentives line 21 and mechanisms necessary to ensure that measures required to line 22 minimize or mitigate impacts from transportation projects will line 23 serve to achieve regional or statewide natural resource conservation line 24 objectives. line 25 line 26 Chapter 2. Definitions line 27 line 28 21204. For purposes of this division, the following terms have line 29 the following meanings: line 30 (a)  “Acquire” and “acquisition” mean, with respect to land or line 31 a waterway, acquisition of fee title or purchase of a conservation line 32 easement, that protects conservation and mitigation values on the line 33 land or waterway in perpetuity. line 34 (b)  “Advance mitigation” means mitigation implemented before, line 35 and in anticipation of, environmental effects of planned line 36 transportation projects. line 37 (c)  “Commission” means the California Transportation line 38 Commission. line 39 (d)  “Department” means the Department of Transportation. 93 SB 1— 25 — November 15, 2016 Contra Costa County Board of Supervisors 156 line 1 (e)  “Transportation agency” means the department, the line 2 High-Speed Rail Authority, a metropolitan planning organization, line 3 a regional transportation planning agency, or another public agency line 4 that implements transportation projects. line 5 (f)  “Transportation project” means a transportation capital line 6 improvement project. line 7 (g)  “Planned transportation project” means a transportation line 8 project that a transportation agency has concluded is reasonably line 9 likely to be constructed within 20 years and that has been identified line 10 to the agency for purposes of this division. A planned transportation line 11 project may include, but is not limited to, a transportation project line 12 that has been proposed for approval or that has been approved. line 13 (h)  “Program” means the Advance Mitigation Program line 14 implemented pursuant to this division. line 15 (i)  “Regulatory agency” means a state or federal natural resource line 16 protection agency with regulatory authority over planned line 17 transportation projects. A regulatory agency includes, but is not line 18 limited to, the Natural Resources Agency, the Department of Fish line 19 and Wildlife, California regional water quality control boards, the line 20 United States Fish and Wildlife Service, the National Marine line 21 Fisheries Service, the United States Environmental Protection line 22 Agency, and the United States Army Corps of Engineers. line 23 line 24 Chapter 3. Advance Mitigation Program line 25 line 26 21205. (a)  The Advance Mitigation Program is hereby created line 27 in the department to accelerate project delivery and improve line 28 environmental outcomes of environmental mitigation for planned line 29 transportation projects. line 30 (b)  The program may utilize mitigation instruments, including, line 31 but not limited to, mitigation banks, in lieu of fee programs, and line 32 conservation easements as defined in Section 815.1 of the Civil line 33 Code. line 34 (c)  The department shall track all implemented advance line 35 mitigation projects to use as credits for environmental mitigation line 36 for state-sponsored transportation projects. line 37 (d)  The department may use advance mitigation credits to fulfill line 38 mitigation requirements of any environmental law for a line 39 transportation project eligible for the State Transportation 93 — 26 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 157 line 1 Improvement Program or the State Highway Operation and line 2 Protection Program. line 3 21206. No later than February 1, 2017, the department shall line 4 establish an interagency transportation advance mitigation steering line 5 committee consisting of the department and appropriate state and line 6 federal regulatory agencies to support the program so that advance line 7 mitigation can be used as required mitigation for planned line 8 transportation projects and can provide improved environmental line 9 outcomes. The committee shall advise the department of line 10 opportunities to carry out advance mitigation projects, provide the line 11 best available science, and actively participate in mitigation line 12 instrument reviews and approvals. The committee shall seek to line 13 develop streamlining opportunities, including those related to line 14 landscape scale mitigation planning and alignment of federal and line 15 state regulations and procedures related to mitigation requirements line 16 and implementation. The committee shall also provide input on line 17 crediting, using, and tracking of advance mitigation investments. line 18 21207. The Advance Mitigation Fund is hereby created in the line 19 State Transportation Fund as a revolving fund. Notwithstanding line 20 Section 13340 of the Government Code, the fund shall be line 21 continuously appropriated without regard to fiscal years. The line 22 moneys in the fund shall be programmed by the commission for line 23 the planning and implementation of advance mitigation projects line 24 consistent with the purposes of this chapter. After the transfer of line 25 moneys to the fund for four fiscal years pursuant to subdivision line 26 (c) of Section 2032 of the Streets and Highways Code, commencing line 27 in the 2017–18 fiscal year, the program is intended to be line 28 self-sustaining. Advance expenditures from the fund shall later be line 29 reimbursed from project funding available at the time a planned line 30 transportation project is constructed. A maximum of 5 percent of line 31 available funds may be used for administrative purposes. line 32 21208. The program is intended to improve the efficiency and line 33 efficacy of mitigation only and is not intended to supplant the line 34 requirements of the California Environmental Quality Act (Division line 35 13 (commencing with Section 21000)) or any other environmental line 36 law. The identification of planned transportation projects and of line 37 mitigation projects or measures for planned transportation projects line 38 under this division does not imply or require approval of those line 39 projects for purposes of the California Environmental Quality Act 93 SB 1— 27 — November 15, 2016 Contra Costa County Board of Supervisors 158 line 1 (Division 13 (commencing with Section 21000)) or any other line 2 environmental law. line 3 SEC. 14. Section 99312.1 of the Public Utilities Code is line 4 amended to read: line 5 99312.1. (a)  Revenues transferred to the Public Transportation line 6 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue line 7 and Taxation Code are hereby continuously appropriated to the line 8 Controller for allocation as follows: line 9 (1)  Fifty percent for allocation to transportation planning line 10 agencies, county transportation commissions, and the San Diego line 11 Metropolitan Transit Development Board pursuant to Section line 12 99314. line 13 (2)  Fifty percent for allocation to transportation agencies, county line 14 transportation commissions, and the San Diego Metropolitan line 15 Transit Development Board for purposes of Section 99313. line 16 (b)  For purposes of this chapter, the revenues allocated pursuant line 17 to this section shall be subject to the same requirements as revenues line 18 allocated pursuant to subdivisions (b) and (c), as applicable, of line 19 Section 99312. line 20 (c)  The revenues transferred to the Public Transportation line 21 Account that are attributable to the increase in the sales and use line 22 tax on diesel fuel pursuant to subdivision (b) of Section 6051.8 of line 23 the Revenue and Taxation Code, as adjusted pursuant to line 24 subdivision (c) of that section, and subdivision (b) of Section line 25 6201.8 of the Revenue and Taxation Code, as adjusted pursuant line 26 to subdivision (c) of that section, upon allocation pursuant to line 27 Sections 99313 and 99314, shall only be expended on the line 28 following: line 29 (1)  Transit capital projects or services to maintain or repair a line 30 transit operator’s existing transit vehicle fleet or existing transit line 31 facilities, including rehabilitation or modernization of existing line 32 vehicles or facilities. line 33 (2)  The design, acquisition, and construction of new vehicles line 34 or facilities that improve existing transit services. line 35 (3)  Transit services that complement local efforts for repair and line 36 improvement of local transportation infrastructure. line 37 (d)  (1)  Prior to receiving an apportionment of funds pursuant line 38 to subdivision (c) from the Controller in a fiscal year, a recipient line 39 transit agency shall submit to the Department of Transportation a line 40 list of projects proposed to be funded with these funds. The list of 93 — 28 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 159 line 1 projects proposed to be funded with these funds shall include a line 2 description and location of each proposed project, a proposed line 3 schedule for the project’s completion, and the estimated useful life line 4 of the improvement. The project list shall not limit the flexibility line 5 of a recipient transit agency to fund projects in accordance with line 6 local needs and priorities so long as the projects are consistent line 7 with subdivision (c). line 8 (2)  The department shall report to the Controller the recipient line 9 transit agencies that have submitted a list of projects as described line 10 in this subdivision and that are therefore eligible to receive an line 11 apportionment of funds for the applicable fiscal year. The line 12 Controller, upon receipt of the report, shall apportion funds line 13 pursuant to Sections 99313 and 99314. line 14 (e)  For each fiscal year, each recipient transit agency receiving line 15 an apportionment of funds pursuant to subdivision (c) shall, upon line 16 expending those funds, submit documentation to the department line 17 that includes a description and location of each completed project, line 18 the amount of funds expended on the project, the completion date, line 19 and the estimated useful life of the improvement. line 20 (f)  The audit of transit operator finances required pursuant to line 21 Section 99245 shall verify that the revenues identified in line 22 subdivision (c) have been expended in conformance with these line 23 specific requirements and all other generally applicable line 24 requirements. line 25 SEC. 15. Section 6051.8 of the Revenue and Taxation Code line 26 is amended to read: line 27 6051.8. (a)  Except as provided by Section 6357.3, in addition line 28 to the taxes imposed by this part, for the privilege of selling line 29 tangible personal property at retail a tax is hereby imposed upon line 30 all retailers at the rate of 1.75 percent of the gross receipts of any line 31 retailer from the sale of all diesel fuel. line 32 (b)  Except as provided by Section 6357.3, in addition to the line 33 taxes imposed by this part and by subdivision (a), for the privilege line 34 of selling tangible personal property at retail a tax is hereby line 35 imposed upon all retailers at the rate of 3.5 percent of the gross line 36 receipts of any retailer from the sale of all diesel fuel, as defined line 37 in Section 60022, sold at retail in this state. The tax imposed under line 38 this subdivision shall be imposed on and after the first day of the line 39 first calendar quarter that occurs 90 days after the effective date line 40 of the act adding this subdivision. 93 SB 1— 29 — November 15, 2016 Contra Costa County Board of Supervisors 160 line 1 (c)  Beginning July 1, 2019, and every third year thereafter, the line 2 State Board of Equalization shall recompute the rates of the taxes line 3 imposed by this section. That computation shall be made as line 4 follows: line 5 (1)  The Department of Finance shall transmit to the State Board line 6 of Equalization the percentage change in the California Consumer line 7 Price Index for all items from November of three calendar years line 8 prior to November of the prior calendar year, no later than January line 9 31, 2019, and January 31 of every third year thereafter. line 10 (2)  The State Board of Equalization shall do all of the following: line 11 (A)  Compute an inflation adjustment factor by adding 100 line 12 percent to the percentage change figure that is furnished pursuant line 13 to paragraph (1) and dividing the result by 100. line 14 (B)  Multiply the preceding tax rate per gallon by the inflation line 15 adjustment factor determined in subparagraph (A) and round off line 16 the resulting product to the nearest tenth of a cent. line 17 (C)  Make its determination of the new rate no later than March line 18 1 of the same year as the effective date of the new rate. line 19 (d)  Notwithstanding subdivision (b) of Section 7102, all of the line 20 revenues, less refunds, collected pursuant to this section shall be line 21 estimated by the State Board of Equalization, with the concurrence line 22 of the Department of Finance, and transferred quarterly to the line 23 Public Transportation Account in the State Transportation Fund line 24 for allocation pursuant to Section 99312.1 of the Public Utilities line 25 Code. line 26 SEC. 16. Section 6201.8 of the Revenue and Taxation Code line 27 is amended to read: line 28 6201.8. (a)  Except as provided by Section 6357.3, in addition line 29 to the taxes imposed by this part, an excise tax is hereby imposed line 30 on the storage, use, or other consumption in this state of diesel line 31 fuel, as defined in Section 60022, at the rate of 1.75 percent of the line 32 sales price of the diesel fuel. line 33 (b)  Except as provided by Section 6357.3, in addition to the line 34 taxes imposed by this part and by subdivision (a), an excise tax is line 35 hereby imposed on the storage, use, or other consumption in this line 36 state of diesel fuel, as defined in Section 60022, at the rate of 3.5 line 37 percent of the sales price of the diesel fuel. The tax imposed under line 38 this subdivision shall be imposed on and after the first day of the line 39 first calendar quarter that occurs 90 days after the effective date line 40 of the act adding this subdivision. 93 — 30 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 161 line 1 (c)  Beginning July 1, 2019, and every third year thereafter, the line 2 State Board of Equalization shall recompute the rates of the taxes line 3 imposed by this section. That computation shall be made as line 4 follows: line 5 (1)  The Department of Finance shall transmit to the State Board line 6 of Equalization the percentage change in the California Consumer line 7 Price Index for all items from November of three calendar years line 8 prior to November of the prior calendar year, no later than January line 9 31, 2019, and January 31 of every third year thereafter. line 10 (2)  The State Board of Equalization shall do all of the following: line 11 (A)  Compute an inflation adjustment factor by adding 100 line 12 percent to the percentage change figure that is furnished pursuant line 13 to paragraph (1) and dividing the result by 100. line 14 (B)  Multiply the preceding tax rate per gallon by the inflation line 15 adjustment factor determined in subparagraph (A) and round off line 16 the resulting product to the nearest tenth of a cent. line 17 (C)  Make its determination of the new rate no later than March line 18 1 of the same year as the effective date of the new rate. line 19 (d)  Notwithstanding subdivision (b) of Section 7102, all of the line 20 revenues, less refunds, collected pursuant to this section shall be line 21 estimated by the State Board of Equalization, with the concurrence line 22 of the Department of Finance, and transferred quarterly to the line 23 Public Transportation Account in the State Transportation Fund line 24 for allocation pursuant to Section 99312.1 of the Public Utilities line 25 Code. line 26 SEC. 17. Section 7360 of the Revenue and Taxation Code is line 27 amended to read: line 28 7360. (a)  (1)  (A)  A tax of eighteen cents ($0.18) is hereby line 29 imposed upon each gallon of fuel subject to the tax in Sections line 30 7362, 7363, and 7364. line 31 (B)  In addition to the tax imposed pursuant to subparagraph line 32 (A), on and after the first day of the first calendar quarter that line 33 occurs 90 days after the effective date of the act adding this line 34 subparagraph, a tax of seventeen cents ($0.17) is hereby imposed line 35 upon each gallon of fuel, other than aviation gasoline, subject to line 36 the tax in Sections 7362, 7363, and 7364. line 37 (2)  If the federal fuel tax is reduced below the rate of nine cents line 38 ($0.09) per gallon and federal financial allocations to this state for line 39 highway and exclusive public mass transit guideway purposes are line 40 reduced or eliminated correspondingly, the tax rate imposed by 93 SB 1— 31 — November 15, 2016 Contra Costa County Board of Supervisors 162 line 1 subparagraph (A) of paragraph (1), on and after the date of the line 2 reduction, shall be recalculated by an amount so that the combined line 3 state rate under subparagraph (A) of paragraph (1) and the federal line 4 tax rate per gallon equal twenty-seven cents ($0.27). line 5 (3)  If any person or entity is exempt or partially exempt from line 6 the federal fuel tax at the time of a reduction, the person or entity line 7 shall continue to be so exempt under this section. line 8 (b)  On and after July 1, 2010, in addition to the tax imposed by line 9 subdivision (a), a tax is hereby imposed upon each gallon of motor line 10 vehicle fuel, other than aviation gasoline, subject to the tax in line 11 Sections 7362, 7363, and 7364 in an amount equal to seventeen line 12 and three-tenths cents ($0.173) per gallon. line 13 (c)  Beginning July 1, 2019, and every third year thereafter, the line 14 State Board of Equalization shall recompute the rates of the taxes line 15 imposed by this section. That computation shall be made as line 16 follows: line 17 (1)  The Department of Finance shall transmit to the State Board line 18 of Equalization the percentage change in the California Consumer line 19 Price Index for all items from November of three calendar years line 20 prior to November of the prior calendar year, no later than January line 21 31, 2019, and January 31 of every third year thereafter. line 22 (2)  The State Board of Equalization shall do all of the following: line 23 (A)  Compute an inflation adjustment factor by adding 100 line 24 percent to the percentage change figure that is furnished pursuant line 25 to paragraph (1) and dividing the result by 100. line 26 (B)  Multiply the preceding tax rate per gallon by the inflation line 27 adjustment factor determined in subparagraph (A) and round off line 28 the resulting product to the nearest tenth of a cent. line 29 (C)  Make its determination of the new rate no later than March line 30 1 of the same year as the effective date of the new rate. line 31 SEC. 18. Section 8352.4 of the Revenue and Taxation Code line 32 is amended to read: line 33 8352.4. (a)  Subject to Sections 8352 and 8352.1, and except line 34 as otherwise provided in subdivision (b), there shall be transferred line 35 from the money deposited to the credit of the Motor Vehicle Fuel line 36 Account to the Harbors and Watercraft Revolving Fund, for line 37 expenditure in accordance with Division 1 (commencing with line 38 Section 30) of the Harbors and Navigation Code, the sum of six line 39 million six hundred thousand dollars ($6,600,000) per annum, line 40 representing the amount of money in the Motor Vehicle Fuel 93 — 32 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 163 line 1 Account attributable to taxes imposed on distributions of motor line 2 vehicle fuel used or usable in propelling vessels. The actual amount line 3 shall be calculated using the annual reports of registered boats line 4 prepared by the Department of Motor Vehicles for the United line 5 States Coast Guard and the formula and method of the December line 6 1972 report prepared for this purpose and submitted to the line 7 Legislature on December 26, 1972, by the Director of line 8 Transportation. If the amount transferred during each fiscal year line 9 is in excess of the calculated amount, the excess shall be line 10 retransferred from the Harbors and Watercraft Revolving Fund to line 11 the Motor Vehicle Fuel Account. If the amount transferred is less line 12 than the amount calculated, the difference shall be transferred from line 13 the Motor Vehicle Fuel Account to the Harbors and Watercraft line 14 Revolving Fund. No adjustment shall be made if the computed line 15 difference is less than fifty thousand dollars ($50,000), and the line 16 amount shall be adjusted to reflect any temporary or permanent line 17 increase or decrease that may be made in the rate under the Motor line 18 Vehicle Fuel Tax Law. Payments pursuant to this section shall be line 19 made prior to payments pursuant to Section 8352.2. line 20 (b)  Commencing July 1, 2016, the revenues attributable to the line 21 taxes imposed pursuant to subdivision (b) of Section 7360 and line 22 Section 7361.1 and otherwise to be deposited in the Harbors and line 23 Watercraft Revolving Fund pursuant to subdivision (a) shall instead line 24 be transferred to the Highway Users Tax Account for distribution line 25 pursuant to Section 2103.1 of the Streets and Highways Code. line 26 SEC. 19. Section 8352.5 of the Revenue and Taxation Code line 27 is amended to read: line 28 8352.5. (a)  (1)  Subject to Sections 8352 and 8352.1, and line 29 except as otherwise provided in subdivision (b), there shall be line 30 transferred from the money deposited to the credit of the Motor line 31 Vehicle Fuel Account to the Department of Food and Agriculture line 32 Fund, during the second quarter of each fiscal year, an amount line 33 equal to the estimate contained in the most recent report prepared line 34 pursuant to this section. line 35 (2)  The amounts are not subject to Section 6357 with respect line 36 to the collection of sales and use taxes thereon, and represent the line 37 portion of receipts in the Motor Vehicle Fuel Account during a line 38 calendar year that were attributable to agricultural off-highway line 39 use of motor vehicle fuel which is subject to refund pursuant to line 40 Section 8101, less gross refunds allowed by the Controller during 93 SB 1— 33 — November 15, 2016 Contra Costa County Board of Supervisors 164 line 1 the fiscal year ending June 30 following the calendar year to line 2 persons entitled to refunds for agricultural off-highway use line 3 pursuant to Section 8101. Payments pursuant to this section shall line 4 be made prior to payments pursuant to Section 8352.2. line 5 (b)  Commencing July 1, 2016, the revenues attributable to the line 6 taxes imposed pursuant to subdivision (b) of Section 7360 and line 7 Section 7361.1 and otherwise to be deposited in the Department line 8 of Food and Agriculture Fund pursuant to subdivision (a) shall line 9 instead be transferred to the Highway Users Tax Account for line 10 distribution pursuant to Section 2103.1 of the Streets and Highways line 11 Code. line 12 (c)  On or before September 30, 2012, and on or before line 13 September 30 of each even-numbered year thereafter, the Director line 14 of Transportation and the Director of Food and Agriculture shall line 15 jointly prepare, or cause to be prepared, a report setting forth the line 16 current estimate of the amount of money in the Motor Vehicle line 17 Fuel Account attributable to agricultural off-highway use of motor line 18 vehicle fuel, which is subject to refund pursuant to Section 8101 line 19 less gross refunds allowed by the Controller to persons entitled to line 20 refunds for agricultural off-highway use pursuant to Section 8101; line 21 and they shall submit a copy of the report to the Legislature. line 22 SEC. 20. Section 8352.6 of the Revenue and Taxation Code line 23 is amended to read: line 24 8352.6. (a)  (1)  Subject to Section 8352.1, and except as line 25 otherwise provided in paragraphs (2) and (3), on the first day of line 26 every month, there shall be transferred from moneys deposited to line 27 the credit of the Motor Vehicle Fuel Account to the Off-Highway line 28 Vehicle Trust Fund created by Section 38225 of the Vehicle Code line 29 an amount attributable to taxes imposed upon distributions of motor line 30 vehicle fuel used in the operation of motor vehicles off highway line 31 and for which a refund has not been claimed. Transfers made line 32 pursuant to this section shall be made prior to transfers pursuant line 33 to Section 8352.2. line 34 (2)  Commencing July 1, 2016, the revenues attributable to the line 35 taxes imposed pursuant to subdivision (b) of Section 7360 and line 36 Section 7361.1 and otherwise to be deposited in the Off-Highway line 37 Vehicle Trust Fund pursuant to paragraph (1) shall instead be line 38 transferred to the Highway Users Tax Account for distribution line 39 pursuant to Section 2103.1 of the Streets and Highways Code. 93 — 34 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 165 line 1 (3)  The Controller shall withhold eight hundred thirty-three line 2 thousand dollars ($833,000) from the monthly transfer to the line 3 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and line 4 transfer that amount to the General Fund. line 5 (b)  The amount transferred to the Off-Highway Vehicle Trust line 6 Fund pursuant to paragraph (1) of subdivision (a), as a percentage line 7 of the Motor Vehicle Fuel Account, shall be equal to the percentage line 8 transferred in the 2006–07 fiscal year. Every five years, starting line 9 in the 2013–14 fiscal year, the percentage transferred may be line 10 adjusted by the Department of Transportation in cooperation with line 11 the Department of Parks and Recreation and the Department of line 12 Motor Vehicles. Adjustments shall be based on, but not limited line 13 to, the changes in the following factors since the 2006–07 fiscal line 14 year or the last adjustment, whichever is more recent: line 15 (1)  The number of vehicles registered as off-highway motor line 16 vehicles as required by Division 16.5 (commencing with Section line 17 38000) of the Vehicle Code. line 18 (2)  The number of registered street-legal vehicles that are line 19 anticipated to be used off highway, including four-wheel drive line 20 vehicles, all-wheel drive vehicles, and dual-sport motorcycles. line 21 (3)  Attendance at the state vehicular recreation areas. line 22 (4)  Off-highway recreation use on federal lands as indicated by line 23 the United States Forest Service’s National Visitor Use Monitoring line 24 and the United States Bureau of Land Management’s Recreation line 25 Management Information System. line 26 (c)  It is the intent of the Legislature that transfers from the Motor line 27 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund line 28 should reflect the full range of motorized vehicle use off highway line 29 for both motorized recreation and motorized off-road access to line 30 other recreation opportunities. Therefore, the Legislature finds that line 31 the fuel tax baseline established in subdivision (b), attributable to line 32 off-highway estimates of use as of the 2006–07 fiscal year, line 33 accounts for the three categories of vehicles that have been found line 34 over the years to be users of fuel for off-highway motorized line 35 recreation or motorized access to nonmotorized recreational line 36 pursuits. These three categories are registered off-highway line 37 motorized vehicles, registered street-legal motorized vehicles used line 38 off highway, and unregistered off-highway motorized vehicles. line 39 (d)  It is the intent of the Legislature that the off-highway motor line 40 vehicle recreational use to be determined by the Department of 93 SB 1— 35 — November 15, 2016 Contra Costa County Board of Supervisors 166 line 1 Transportation pursuant to paragraph (2) of subdivision (b) be that line 2 usage by vehicles subject to registration under Division 3 line 3 (commencing with Section 4000) of the Vehicle Code, for line 4 recreation or the pursuit of recreation on surfaces where the use line 5 of vehicles registered under Division 16.5 (commencing with line 6 Section 38000) of the Vehicle Code may occur. line 7 (e)  In the 2014–15 fiscal year, the Department of Transportation, line 8 in consultation with the Department of Parks and Recreation and line 9 the Department of Motor Vehicles, shall undertake a study to line 10 determine the appropriate adjustment to the amount transferred line 11 pursuant to subdivision (b) and to update the estimate of the amount line 12 attributable to taxes imposed upon distributions of motor vehicle line 13 fuel used in the operation of motor vehicles off highway and for line 14 which a refund has not been claimed. The department shall provide line 15 a copy of this study to the Legislature no later than January 1, line 16 2016. line 17 SEC. 21. Section 60050 of the Revenue and Taxation Code is line 18 amended to read: line 19 60050. (a)  (1)  A tax of thirteen cents ($0.13) is hereby line 20 imposed upon each gallon of diesel fuel subject to the tax in line 21 Sections 60051, 60052, and 60058. line 22 (2)  If the federal fuel tax is reduced below the rate of fifteen line 23 cents ($0.15) per gallon and federal financial allocations to this line 24 state for highway and exclusive public mass transit guideway line 25 purposes are reduced or eliminated correspondingly, the tax rate line 26 imposed by paragraph (1) shall be increased by an amount so that line 27 the combined state rate under paragraph (1) and the federal tax line 28 rate per gallon equal what it would have been in the absence of line 29 the federal reduction. line 30 (3)  If any person or entity is exempt or partially exempt from line 31 the federal fuel tax at the time of a reduction, the person or entity line 32 shall continue to be exempt under this section. line 33 (b)  In addition to the tax imposed pursuant to subdivision (a), line 34 on and after the first day of the first calendar quarter that occurs line 35 90 days after the effective date of the act amending this subdivision line 36 in the 2015 First Extraordinary Session, an additional tax of thirty line 37 cents ($0.30) is hereby imposed upon each gallon of diesel fuel line 38 subject to the tax in Sections 60051, 60052, and 60058. line 39 (c)  Beginning July 1, 2019, and every third year thereafter, the line 40 State Board of Equalization shall recompute the rates of the taxes 93 — 36 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 167 line 1 imposed by this section. That computation shall be made as line 2 follows: line 3 (1)  The Department of Finance shall transmit to the State Board line 4 of Equalization the percentage change in the California Consumer line 5 Price Index for all items from November of three calendar years line 6 prior to November of the prior calendar year, no later than January line 7 31, 2019, and January 31 of every third year thereafter. line 8 (2)  The State Board of Equalization shall do all of the following: line 9 (A)  Compute an inflation adjustment factor by adding 100 line 10 percent to the percentage change figure that is furnished pursuant line 11 to paragraph (1) and dividing the result by 100. line 12 (B)  Multiply the preceding tax rate per gallon by the inflation line 13 adjustment factor determined in subparagraph (A) and round off line 14 the resulting product to the nearest tenth of a cent. line 15 (C)  Make its determination of the new rate no later than March line 16 1 of the same year as the effective date of the new rate. line 17 SEC. 22. Section 183.1 of the Streets and Highways Code is line 18 amended to read: line 19 183.1. Except as otherwise provided in Section 54237.7 of the line 20 Government Code, money deposited into the account that is not line 21 subject to Article XIX of the California Constitution, including, line 22 but not limited to, money that is derived from the sale of line 23 documents, charges for miscellaneous services to the public, line 24 condemnation deposits fund investments, rental of state property, line 25 or any other miscellaneous uses of property or money, shall be line 26 deposited in the Road Maintenance and Rehabilitation Account line 27 created pursuant to Section 2031. line 28 SEC. 23. Section 820.1 of the Streets and Highways Code is line 29 amended to read: line 30 820.1. (a)  The State of California consents to the jurisdiction line 31 of the federal courts with regard to the compliance, discharge, or line 32 enforcement of the responsibilities assumed by the department line 33 pursuant to Section 326 of, and subsection (a) of Section 327 of, line 34 Title 23 of the United States Code. line 35 (b)  In any action brought pursuant to the federal laws described line 36 in subdivision (a), no immunity from suit may be asserted by the line 37 department pursuant to the Eleventh Amendment to the United line 38 States Constitution, and any immunity is hereby waived. 93 SB 1— 37 — November 15, 2016 Contra Costa County Board of Supervisors 168 line 1 (c)  The department shall not delegate any of its responsibilities line 2 assumed pursuant to the federal laws described in subdivision (a) line 3 to any political subdivision of the state or its instrumentalities. line 4 (d)  Nothing in this section affects the obligation of the line 5 department to comply with state and federal law. line 6 SEC. 24. Chapter 2 (commencing with Section 2030) is added line 7 to Division 3 of the Streets and Highways Code, to read: line 8 line 9 Chapter 2. Road Maintenance and Rehabilitation line 10 Program line 11 line 12 2030. (a)  The Road Maintenance and Rehabilitation Program line 13 is hereby created to address deferred maintenance on the state line 14 highway system and the local street and road system. Funds made line 15 available by the program shall be prioritized for expenditure on line 16 basic road maintenance and road rehabilitation projects, and on line 17 critical safety projects. For funds appropriated pursuant to line 18 paragraph (1) of subdivision (d) of Section 2032, the California line 19 Transportation Commission shall adopt performance criteria, line 20 consistent with the asset management plan required pursuant to line 21 14526.4 of the Government Code, to ensure efficient use of the line 22 funds available for these purposes in the program. line 23 (b)  (1)  Funds made available by the program shall be used for line 24 projects that include, but are not limited to, the following: line 25 (A)  Road maintenance and rehabilitation. line 26 (B)  Safety projects. line 27 (C)  Railroad grade separations. line 28 (D)  Complete street components, including active transportation line 29 purposes, pedestrian and bicycle safety projects, transit facilities, line 30 and drainage and stormwater capture projects in conjunction with line 31 any other allowable project. line 32 (E)  Traffic control devices. line 33 (2)  Funds made available by the program may also be used to line 34 satisfy a match requirement in order to obtain state or federal funds line 35 for projects authorized by this subdivision. line 36 2031. The following revenues shall be deposited in the Road line 37 Maintenance and Rehabilitation Account, which is hereby created line 38 in the State Transportation Fund: line 39 (a)  Notwithstanding subdivision (b) of Section 2103, the portion line 40 of the revenues in the Highway Users Tax Account attributable to 93 — 38 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 169 line 1 the increase in the motor vehicle fuel excise tax by seventeen cents line 2 ($0.17) per gallon pursuant to subdivision (a) of Section 7360 of line 3 the Revenue and Taxation Code, as adjusted pursuant to line 4 subdivision (c) of that section. line 5 (b)  The revenues from the increase in the vehicle registration line 6 fee pursuant to Section 9250.3 of the Vehicle Code. line 7 (c)  The revenues from the increase in the vehicle registration line 8 fee pursuant to Section 9250.6 of the Vehicle Code. line 9 (d)  The revenues deposited in the account pursuant to Section line 10 183.1 of the Streets and Highways Code. line 11 (e)  Any other revenues designated for the program. line 12 2031.5. Each fiscal year the annual Budget Act shall contain line 13 an appropriation from the Road Maintenance and Rehabilitation line 14 Account to the Controller for the costs of carrying out his or her line 15 duties pursuant to this chapter and to the California Transportation line 16 Commission for the costs of carrying out its duties pursuant to this line 17 chapter and Section 14526.7 of the Government Code. line 18 2032. (a)  (1)  After deducting the amounts appropriated in the line 19 annual Budget Act, as provided in Section 2031.5, two hundred line 20 million dollars ($200,000,000) of the remaining revenues deposited line 21 in the Road Maintenance and Rehabilitation Account shall be set line 22 aside annually for counties that have sought and received voter line 23 approval of taxes or that have imposed fees, including uniform line 24 developer fees as defined by subdivision (b) of Section 8879.67 line 25 of the Government Code, which taxes or fees are dedicated solely line 26 to transportation improvements. The Controller shall each month line 27 set aside one-twelfth of this amount, to accumulate a total of two line 28 hundred million dollars ($200,000,000) in each fiscal year. line 29 (2)  Notwithstanding Section 13340 of the Government Code, line 30 the funds available under this subdivision in each fiscal year are line 31 hereby continuously appropriated for allocation to each eligible line 32 county and each city in the county for road maintenance and line 33 rehabilitation purposes pursuant to Section 2033. line 34 (b)  (1)  After deducting the amounts appropriated in the annual line 35 Budget Act pursuant to Section 2031.5 and the amount allocated line 36 in subdivision (a), beginning in the 2017–18 fiscal year, eighty line 37 million dollars ($80,000,000) of the remaining revenues shall be line 38 transferred annually to the State Highway Account for expenditure, line 39 upon appropriation by the Legislature, on the Active Transportation line 40 Program created pursuant to Chapter 8 (commencing with Section 93 SB 1— 39 — November 15, 2016 Contra Costa County Board of Supervisors 170 line 1 2380) of Division 3 to be allocated by the California Transportation line 2 Commission pursuant to Section 2381. line 3 (2)  In addition to the funds transferred in paragraph (1), the line 4 department shall annually identify savings achieved through line 5 efficiencies implemented at the department. The department, line 6 through the annual budget process, shall propose, from the line 7 identified savings, an appropriation to be included in the annual line 8 Budget Act of up to seventy million dollars ($70,000,000), but not line 9 to exceed the total annual identified savings, from the State line 10 Highway Account for expenditure on the Active Transportation line 11 Program. line 12 (c)  After deducting the amounts appropriated in the annual line 13 Budget Act pursuant to Section 2031.5, the amount allocated in line 14 subdivision (a) and the amount transferred in paragraph (1) of line 15 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21 line 16 fiscal years, the sum of thirty million dollars ($30,000,000) in each line 17 fiscal year from the remaining revenues shall be transferred to the line 18 Advance Mitigation Fund in the State Transportation Fund created line 19 pursuant to Section 21207 of the Public Resources Code. line 20 (d)  After deducting the amounts appropriated in the annual line 21 Budget Act pursuant to Section 2031.5, the amount allocated in line 22 subdivision (a), and the amounts transferred in paragraph (1) of line 23 subdivision (b) and in subdivision (c), beginning in the 2017–18 line 24 fiscal year and each fiscal year thereafter, and notwithstanding line 25 Section 13340 of the Government Code, there is hereby line 26 continuously appropriated to the California State University the line 27 sum of two million dollars ($2,000,000) from the remaining line 28 revenues for the purpose of conducting transportation research and line 29 transportation-related workforce education, training, and line 30 development. Prior to the start of each fiscal year, the chairs of the line 31 Assembly Committee on Transportation and the Senate Committee line 32 on Transportation and Housing shall confer and set out a line 33 recommended priority list of research components to be addressed line 34 in the upcoming fiscal year. line 35 (e)  Notwithstanding Section 13340 of the Government Code, line 36 the balance of the revenues deposited in the Road Maintenance line 37 and Rehabilitation Account are hereby continuously appropriated line 38 as follows: 93 — 40 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 171 line 1 (1)  Fifty percent for allocation to the department for maintenance line 2 of the state highway system or for purposes of the state highway line 3 operation and protection program. line 4 (2)  Fifty percent for apportionment to cities and counties by the line 5 Controller pursuant to the formula in clauses (i) and (ii) of line 6 subparagraph (C) of paragraph (3) of subdivision (a) of Section line 7 2103 for the purposes authorized by this chapter. line 8 2033. (a)  On or before January 1, 2017, the commission, in line 9 cooperation with the department, transportation planning agencies, line 10 county transportation commissions, and other local agencies, shall line 11 develop guidelines for the allocation of funds pursuant to line 12 subdivision (a) of Section 2032. line 13 (b)  The guidelines shall be the complete and full statement of line 14 the policy, standards, and criteria that the commission intends to line 15 use to determine how these funds will be allocated. line 16 (c)  The commission may amend the adopted guidelines after line 17 conducting at least one public hearing. line 18 2034. (a)  (1)  Prior to receiving an apportionment of funds line 19 under the program pursuant to paragraph (2) of subdivision (d) of line 20 Section 2032 from the Controller in a fiscal year, an eligible city line 21 or county shall submit to the commission a list of projects proposed line 22 to be funded with these funds pursuant to an adopted city or county line 23 budget. All projects proposed to receive funding shall be included line 24 in a city or county budget that is adopted by the applicable city line 25 council or county board of supervisors at a regular public meeting. line 26 The list of projects proposed to be funded with these funds shall line 27 include a description and the location of each proposed project, a line 28 proposed schedule for the project’s completion, and the estimated line 29 useful life of the improvement. The project list shall not limit the line 30 flexibility of an eligible city or county to fund projects in line 31 accordance with local needs and priorities so long as the projects line 32 are consistent with subdivision (b) of Section 2030. line 33 (2)  The commission shall report to the Controller the cities and line 34 counties that have submitted a list of projects as described in this line 35 subdivision and that are therefore eligible to receive an line 36 apportionment of funds under the program for the applicable fiscal line 37 year. The Controller, upon receipt of the report, shall apportion line 38 funds to eligible cities and counties. line 39 (b)  For each fiscal year, each city or county receiving an line 40 apportionment of funds shall, upon expending program funds, 93 SB 1— 41 — November 15, 2016 Contra Costa County Board of Supervisors 172 line 1 submit documentation to the commission that includes a description line 2 and location of each completed project, the amount of funds line 3 expended on the project, the completion date, and the estimated line 4 useful life of the improvement. line 5 2036. (a)  Cities and counties shall maintain their existing line 6 commitment of local funds for street, road, and highway purposes line 7 in order to remain eligible for an allocation or apportionment of line 8 funds pursuant to Section 2032. line 9 (b)  In order to receive an allocation or apportionment pursuant line 10 to Section 2032, the city or county shall annually expend from its line 11 general fund for street, road, and highway purposes an amount not line 12 less than the annual average of its expenditures from its general line 13 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as line 14 reported to the Controller pursuant to Section 2151. For purposes line 15 of this subdivision, in calculating a city’s or county’s annual line 16 general fund expenditures and its average general fund expenditures line 17 for the 2009–10, 2010–11, and 2011–12 fiscal years, any line 18 unrestricted funds that the city or county may expend at its line 19 discretion, including vehicle in-lieu tax revenues and revenues line 20 from fines and forfeitures, expended for street, road, and highway line 21 purposes shall be considered expenditures from the general fund. line 22 One-time allocations that have been expended for street and line 23 highway purposes, but which may not be available on an ongoing line 24 basis, including revenue provided under the Teeter Plan Bond Law line 25 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 line 26 of Division 2 of Title 5 of the Government Code), may not be line 27 considered when calculating a city’s or county’s annual general line 28 fund expenditures. line 29 (c)  For any city incorporated after July 1, 2009, the Controller line 30 shall calculate an annual average expenditure for the period line 31 between July 1, 2009, and December 31, 2015, inclusive, that the line 32 city was incorporated. line 33 (d)  For purposes of subdivision (b), the Controller may request line 34 fiscal data from cities and counties in addition to data provided line 35 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 line 36 fiscal years. Each city and county shall furnish the data to the line 37 Controller not later than 120 days after receiving the request. The line 38 Controller may withhold payment to cities and counties that do line 39 not comply with the request for information or that provide line 40 incomplete data. 93 — 42 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 173 line 1 (e)  The Controller may perform audits to ensure compliance line 2 with subdivision (b) when deemed necessary. Any city or county line 3 that has not complied with subdivision (b) shall reimburse the state line 4 for the funds it received during that fiscal year. Any funds withheld line 5 or returned as a result of a failure to comply with subdivision (b) line 6 shall be reapportioned to the other counties and cities whose line 7 expenditures are in compliance. line 8 (f)  If a city or county fails to comply with the requirements of line 9 subdivision (b) in a particular fiscal year, the city or county may line 10 expend during that fiscal year and the following fiscal year a total line 11 amount that is not less than the total amount required to be line 12 expended for those fiscal years for purposes of complying with line 13 subdivision (b). line 14 2037. A city or county may spend its apportionment of funds line 15 under the program on transportation priorities other than those line 16 allowable pursuant to this chapter if the city’s or county’s average line 17 Pavement Condition Index meets or exceeds 80. line 18 2038. (a)  The department and local agencies, as a condition line 19 of receiving funds from the program, shall adopt and implement line 20 a program designed to promote and advance construction line 21 employment and training opportunities through preapprenticeship line 22 opportunities, either by the public agency itself or through line 23 contractors engaged by the public agencies to do work funded in line 24 whole or in part by funds made available by the program. line 25 (b)  The department and local agencies, as a condition of line 26 receiving funds from the program, shall ensure the involvement line 27 of the California Conservation Corps and certified community line 28 conservation corps in the delivery of projects and services funded line 29 in whole or in part by funds made available by the program. line 30 SEC. 25. Section 2103.1 is added to the Streets and Highways line 31 Code, to read: line 32 2103.1. (a)  Notwithstanding Section 2103, the revenues line 33 transferred to the Highway Users Tax Account pursuant to Sections line 34 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code line 35 shall be distributed pursuant to the formula in paragraph (3) of line 36 subdivision (a) of Section 2103. line 37 (b)  Notwithstanding subdivision (b) of Section 2103, the portion line 38 of revenues in the Highway Users Tax Account attributable to the line 39 increase in the motor vehicle fuel excise tax by seventeen cents line 40 ($0.17) per gallon pursuant to subdivision (a) of Section 7360 of 93 SB 1— 43 — November 15, 2016 Contra Costa County Board of Supervisors 174 line 1 the Revenue and Taxation Code, as adjusted pursuant to line 2 subdivision (c) of that section, shall be transferred to the Road line 3 Maintenance and Rehabilitation Account pursuant to Section 2031. line 4 (c)  Notwithstanding subdivision (b) of Section 2103, the portion line 5 of revenues in the Highway Users Tax Account attributable to the line 6 increase in the diesel fuel excise tax by thirty cents ($0.30) per line 7 gallon pursuant to subdivision (b) of Section 60050 of the Revenue line 8 and Taxation Code, as adjusted pursuant to subdivision (c) of that line 9 section, shall be transferred to the Trade Corridors Improvement line 10 Fund pursuant to Section 2192.4. line 11 SEC. 26. Section 2192 of the Streets and Highways Code is line 12 amended to read: line 13 2192. (a)  (1)  The Trade Corridors Improvement Fund, created line 14 pursuant to subdivision (c) of Section 8879.23 of the Government line 15 Code, is hereby continued in existence to receive revenues from line 16 state sources other than the Highway Safety, Traffic Reduction, line 17 Air Quality, and Port Security Bond Act of 2006. line 18 (2)  Revenues apportioned to the state under Section 167 of Title line 19 23 of the United States Code from the national highway freight line 20 program, pursuant to the federal Fixing America’s Surface line 21 Transportation Act (“FAST Act,” Public Law 114-94) shall be line 22 allocated for projects approved pursuant to this chapter. line 23 (b)  This chapter shall govern the expenditure of those state and line 24 federal revenues described in subdivision (a). line 25 (c)  The funding described in subdivision (a) shall be available line 26 upon appropriation for allocation by the California Transportation line 27 Commission for infrastructure improvements in this state on line 28 federally designated Trade Corridors of National and Regional line 29 Significance, on the Primary Freight Network, and along other line 30 corridors that have a high volume of freight movement, as line 31 determined by the commission. In determining the projects eligible line 32 for funding, the commission shall consult the Transportation line 33 Agency’s state freight plan as described in Section 13978.8 of the line 34 Government Code and the trade infrastructure and goods movement line 35 plan submitted to the commission by the Secretary of line 36 Transportation and the Secretary for Environmental Protection. line 37 The commission shall also consult trade infrastructure and goods line 38 movement plans adopted by regional transportation planning line 39 agencies, adopted regional transportation plans required by state line 40 and federal law, and the applicable port master plan when 93 — 44 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 175 line 1 determining eligible projects for funding. Eligible projects for line 2 these funds include, but are not limited to, all of the following: line 3 (1)  Highway capacity improvements, rail landside access line 4 improvements, landside freight access improvements to airports, line 5 and operational improvements to more efficiently accommodate line 6 the movement of freight, particularly for ingress and egress to and line 7 from the state’s land ports of entry, rail terminals, and seaports, line 8 including navigable inland waterways used to transport freight line 9 between seaports, land ports of entry, and airports, and to relieve line 10 traffic congestion along major trade or goods movement corridors. line 11 (2)  Freight rail system improvements to enhance the ability to line 12 move goods from seaports, land ports of entry, and airports to line 13 warehousing and distribution centers throughout California, line 14 including projects that separate rail lines from highway or local line 15 road traffic, improve freight rail mobility through mountainous line 16 regions, relocate rail switching yards, and other projects that line 17 improve the efficiency and capacity of the rail freight system. line 18 (3)  Projects to enhance the capacity and efficiency of ports. line 19 (4)  Truck corridor and capital and operational improvements, line 20 including dedicated truck facilities or truck toll facilities. line 21 (5)  Border capital and operational improvements that enhance line 22 goods movement between California and Mexico and that line 23 maximize the state’s ability to access funds made available to the line 24 state by federal law. line 25 (6)  Surface transportation and connector road improvements to line 26 effectively facilitate the movement of goods, particularly for line 27 ingress and egress to and from the state’s land ports of entry, line 28 airports, and seaports, to relieve traffic congestion along major line 29 trade or goods movement corridors. line 30 (d)  (1)  Except as provided in paragraph (2), the commission line 31 shall allocate the funding described in subdivision (a) for trade line 32 infrastructure improvements consistent with Section 8879.52 of line 33 the Government Code and the Trade Corridors Improvement Fund line 34 (TCIF) Guidelines adopted by the commission on November 27, line 35 2007, or as amended by the commission, and in a manner that (A) line 36 addresses the state’s most urgent needs, (B) balances the demands line 37 of various land ports of entry, seaports, and airports, (C) provides line 38 reasonable geographic balance between the state’s regions, (D) line 39 places emphasis on projects that improve trade corridor mobility line 40 and safety while reducing emissions of diesel particulate and other 93 SB 1— 45 — November 15, 2016 Contra Costa County Board of Supervisors 176 line 1 pollutant emissions and reducing other negative community line 2 impacts, and (E) makes a significant contribution to the state’s line 3 economy. line 4 (2)  The commission shall allocate the federal freight funding, line 5 specifically, pursuant to the original TCIF Guidelines, as adopted line 6 by the commission on November 27, 2007, and in the manner line 7 described in (A) to (E), inclusive, of paragraph (1). line 8 (3)  In addition, the commission shall also consider the following line 9 factors when allocating these funds: line 10 (A)  “Velocity,” which means the speed by which large cargo line 11 would travel from the land port of entry or seaport through the line 12 distribution system. line 13 (B)  “Throughput,” which means the volume of cargo that would line 14 move from the land port of entry or seaport through the distribution line 15 system. line 16 (C)  “Reliability,” which means a reasonably consistent and line 17 predictable amount of time for cargo to travel from one point to line 18 another on any given day or at any given time in California. line 19 (D)  “Congestion reduction,” which means the reduction in line 20 recurrent daily hours of delay to be achieved. line 21 SEC. 27. Section 2192.1 of the Streets and Highways Code is line 22 amended to read: line 23 2192.1. (a)  To the extent moneys from the Greenhouse Gas line 24 Reduction Fund, attributable to the auction or sale of allowances line 25 as part of a market-based compliance mechanism relative to line 26 reduction of greenhouse gas emissions, are transferred to the Trade line 27 Corridors Improvement Fund, projects funded with those moneys line 28 shall be subject to all of the requirements of existing law applicable line 29 to the expenditure of moneys appropriated from the Greenhouse line 30 Gas Reduction Fund, including, but not limited to, all of the line 31 following: line 32 (1)  Projects shall further the regulatory purposes of the line 33 California Global Warming Solutions Act of 2006 (Division 25.5 line 34 (commencing with Section 38500) of the Health and Safety Code), line 35 including reducing emissions from greenhouse gases in the state, line 36 directing public and private investment toward disadvantaged line 37 communities, increasing the diversity of energy sources, or creating line 38 opportunities for businesses, public agencies, nonprofits, and other line 39 community institutions to participate in and benefit from statewide line 40 efforts to reduce emissions of greenhouse gases. 93 — 46 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 177 line 1 (2)  Projects shall be consistent with the guidance developed by line 2 the State Air Resources Board pursuant to Section 39715 of the line 3 Health and Safety Code. line 4 (3)  Projects shall be consistent with the required benefits to line 5 disadvantaged communities pursuant to Section 39713 of the line 6 Health and Safety Code. line 7 (b)  All allocations of funds made by the commission pursuant line 8 to this section shall be made in a manner consistent with the criteria line 9 expressed in Section 39712 of the Health and Safety Code and line 10 with the investment plan developed by the Department of Finance line 11 pursuant to Section 39716 of the Health and Safety Code. line 12 (c)  For purposes of this section, “disadvantaged community” line 13 means a community with any of the following characteristics: line 14 (1)  An area with a median household income less than 80 line 15 percent of the statewide median household income based on the line 16 most current census tract-level data from the American Community line 17 Survey. line 18 (2)  An area identified by the California Environmental line 19 Protection Agency pursuant to Section 39711 of the Health and line 20 Safety Code. line 21 (3)  An area where at least 75 percent of public school students line 22 are eligible to receive free or reduced-price meals under the line 23 National School Lunch Program. line 24 SEC. 28. Section 2192.2 of the Streets and Highways Code is line 25 amended to read: line 26 2192.2. The commission shall allocate funds made available line 27 by this chapter to projects that have identified and committed line 28 supplemental funding from appropriate local, federal, or private line 29 sources. The commission shall determine the appropriate amount line 30 of supplemental funding each project should have to be eligible line 31 for moneys based on a project-by-project review and an assessment line 32 of the project’s benefit to the state and the program. Funded line 33 improvements shall have supplemental funding that is at least equal line 34 to the amount of the contribution under this chapter. The line 35 commission may give priority for funding to projects with higher line 36 levels of committed supplemental funding. line 37 SEC. 29. Section 2192.4 is added to the Streets and Highways line 38 Code, to read: line 39 2192.4. Notwithstanding subdivision (b) of Section 2103, the line 40 portion of the revenues in the Highway Users Tax Account 93 SB 1— 47 — November 15, 2016 Contra Costa County Board of Supervisors 178 line 1 attributable to the increase in the diesel fuel excise tax by thirty line 2 cents ($0.30) per gallon pursuant to subdivision (b) of Section line 3 60050 of the Revenue and Taxation Code, as adjusted pursuant to line 4 subdivision (c) of that section, shall be deposited in the Trade line 5 Corridors Improvement Fund. line 6 SEC. 30. Section 9250.3 is added to the Vehicle Code, to read: line 7 9250.3. (a)  In addition to any other fees specified in this code line 8 or the Revenue and Taxation Code, commencing 120 days after line 9 the effective date of the act adding this section, a registration fee line 10 of thirty-eight dollars ($38) shall be paid to the department for line 11 registration or renewal of registration of every vehicle subject to line 12 registration under this code, except those vehicles that are expressly line 13 exempted under this code from payment of registration fees. line 14 (b)  Beginning July 1, 2019, and every third year thereafter, the line 15 Department of Motor Vehicles shall adjust the fee imposed under line 16 this section for inflation in an amount equal to the change in the line 17 California Consumer Price Index for the prior three-year period, line 18 as calculated by the Department of Finance, with amounts equal line 19 to or greater than fifty cents ($0.50) rounded to the next highest line 20 whole dollar. line 21 (c)  Revenues from the fee, after the deduction of the line 22 department’s administrative costs related to this section, shall be line 23 deposited in the Road Maintenance and Rehabilitation Account line 24 created pursuant to Section 2031 of the Streets and Highways line 25 Code. line 26 SEC. 31. Section 9250.6 is added to the Vehicle Code, to read: line 27 9250.6. (a)  In addition to any other fees specified in this code, line 28 or the Revenue and Taxation Code, commencing 120 days after line 29 the effective date of the act adding this section, a registration fee line 30 of one hundred and sixty-five dollars ($165) shall be paid to the line 31 department for registration or renewal of registration of every line 32 zero-emission motor vehicle subject to registration under this code, line 33 except those motor vehicles that are expressly exempted under line 34 this code from payment of registration fees. line 35 (b)  Beginning July 1, 2019, and every third year thereafter, the line 36 Department of Motor Vehicles shall adjust the fee imposed under line 37 this section for inflation in an amount equal to the change in the line 38 California Consumer Price Index for the prior three-year period, line 39 as calculated by the Department of Finance, with amounts equal 93 — 48 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 179 line 1 to or greater than fifty cents ($0.50) rounded to the next highest line 2 whole dollar. line 3 (c)  Revenues from the fee, after deduction of the department’s line 4 administrative costs related to this section, shall be deposited in line 5 the Road Maintenance and Rehabilitation Account created pursuant line 6 to Section 2031 of the Streets and Highways Code. line 7 (d)  This section does not apply to a commercial motor vehicle line 8 subject to Section 9400.1. line 9 (e)  The registration fee required pursuant to this section does line 10 not apply to the initial registration after the purchase of a new line 11 zero-emission motor vehicle. line 12 (f)  For purposes of this section, “zero-emission motor vehicle” line 13 means a motor vehicle as described in subdivisions (c) and (d) of line 14 Section 44258 of the Health and Safety Code, or any other motor line 15 vehicle that is able to operate on any fuel other than gasoline or line 16 diesel fuel. line 17 SEC. 32. Section 9400.5 is added to the Vehicle Code, to read: line 18 9400.5. (a)  Notwithstanding Sections 9400.1, 9400.4, and line 19 42205 of this code, Sections 16773 and 16965 of the Government line 20 Code, Section 2103 of the Streets and Highways Code, or any line 21 other law, weight fee revenues shall only be transferred consistent line 22 with the schedule provided in subdivision (b) from the State line 23 Highway Account to the Transportation Debt Service Fund, the line 24 Transportation Bond Direct Payment Account, or any other fund line 25 or account for the purpose of payment of the debt service on line 26 transportation general obligation bonds and shall not be loaned to line 27 the General Fund. line 28 (b)  (1)  The transfer of weight fee revenues, after deduction of line 29 collection costs, from the State Highway Account pursuant to line 30 subdivision (a) shall not exceed: line 31 (A)  80 percent of the total weight fees in the 2017–18 fiscal line 32 year. line 33 (B)  60 percent of the total weight fees in the 2018–19 fiscal line 34 year. line 35 (C)  40 percent of the total weight fees in the 2019–20 fiscal line 36 year. line 37 (D)  20 percent of the total weight fees in the 2020–2021 fiscal line 38 year. 93 SB 1— 49 — November 15, 2016 Contra Costa County Board of Supervisors 180 line 1 (2)  No weight fees, after deduction of collection costs, shall be line 2 transferred from the State Highway Account after the 2020–21 line 3 fiscal year. line 4 SEC. 33. This act is an urgency statute necessary for the line 5 immediate preservation of the public peace, health, or safety within line 6 the meaning of Article IV of the Constitution and shall go into line 7 immediate effect. The facts constituting the necessity are: line 8 In order to provide additional funding for road maintenance and line 9 rehabilitation purposes as quickly as possible, it is necessary for line 10 this act to take effect immediately. O 93 — 50 —SB 1 November 15, 2016 Contra Costa County Board of Supervisors 181 November 15, 2016Contra Costa County Board of Supervisors182 November 15, 2016Contra Costa County Board of Supervisors183 November 15, 2016Contra Costa County Board of Supervisors184 November 15, 2016Contra Costa County Board of Supervisors185 November 15, 2016Contra Costa County Board of Supervisors186 November 15, 2016Contra Costa County Board of Supervisors187 RECOMMENDATION(S): 1. OPEN the public hearing and receive testimony on the appeals of the County Planning Commission’s approval of the Diablo MX Ranch Motocross Park project. 2. CLOSE the public hearing. 3. DETERMINE that the Diablo MX Ranch Motocross Park project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15301 (existing facilities) and 15304 (minor alterations to land) and DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. 4. DENY the appeal by the Law Offices of David W. Trotter, representing project opponents, of the County Planning Commission’s July 26, 2016 decision to approve a land use permit modification for the Diablo MX Ranch Motocross Park. 5. APPROVE a land use permit modification for the Diablo MX Ranch Motocross Park (County File #LP15-2040), including the permit’s growth management performance standards, findings, and conditions of approval (Exhibit #17). 6. APPROVE the revised Diablo MX Ranch Motocross Park site plan received on October 8, 2015 (Exhibit #2). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes:SEE ADDENDUM VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gary Kupp, (925) 674-7799 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 15, 2016 Contra Costa County Subject:Appeal of County Planning Commission Approvals of County Files LP13-2095 & LP15-2040 (Diablo MX Ranch Motocross Park) November 15, 2016 Contra Costa County Board of Supervisors 188 RECOMMENDATION(S): (CONT'D) 7. DETERMINE that the Board’s approval of the Diablo MX Ranch Motocross Park land use permit satisfies the compliance review requirements of Motocross Park Use Permit #LP95-2020, and DENY the appeal by the Law Offices of David W. Trotter, representing project opponents, of the County Planning Commission’s May 12, 2015 compliance review decision on Motocross Park Use Permit #LP95-2020. (County File #LP13-2095.) FISCAL IMPACT: None. The applicants/owners are required to pay any additional costs above the initial application deposit associated with processing the applications. BACKGROUND: PROJECT INFORMATION County Files: #LP15-2040 and #LP13-2095 Applicant/Owner: John & Lori Ramirez / James & Dorothy Schmidt Appellant: Law Office of David W. Trotter (representing project opponents) General Plan/Zoning: Agricultural Lands (AL) / Heavy Agricultural District (A-3) Site Address/Location: 50 Camino Diablo Road, Brentwood, CA Assessor Parcel Number: APN 003-020-048 California Environmental Quality Act (CEQA) Status: Categorically Exempt Project is exempt under Class 1 and Class 4 categorical exemptions pursuant to CEQA Sections 15301 and 15304. PROJECT OVERVIEW/HISTORY 2013 Compliance Review (County File #LP13-2095) The Land Use Permit for the operation of the motorcycle park was approved by the County on November 2, 1998. The park operated prior to 1998 under a permit approved by the County on June 13, 1974. The property was purchased on March 28, 2014 by the current owners, James and Dorothy Schmidt and John and Lori Ramirez. The property owners intend to operate the park as a family business open to customers, as allowed by the current land use entitlement. Condition #1 of the approved Land Use Permit #LP95-2020 (Exhibit #1) states that “…the applicant [is] to initiate and fund 5-year reviews for compliance by the Zoning Administrator in a public hearing….” The required compliance review was applied for on August 7, 2013 as Compliance Review #LP13-2095, and was determined by the Zoning Administrator on December 15, 2014 to meet the conditions as approved in 1995. On December 24, 2014, an appeal of the Zoning Administrator’s decision to approve Compliance Review #LP13-2095 to the County Planning Commission was filed by the Law Office of David W. Trotter. Accordingly, on May 12, 2015, the Planning Commission held an appeal hearing, during which they voted to uphold the Zoning Administrator’s approval of Compliance Review #LP13-2095, and deny the appeal. On May 22, 2015, an appeal to the Board of Supervisors was filed by the Law Office of David W. Trotter on the grounds of non-compliance with the conditions of approval. Prior to proceeding with the appeal hearing for Compliance Review #LP13-2095 before the Board of Supervisors, the applicants submitted application #LP15-2040 to modify the conditions of approval for Land Use Permit November 15, 2016 Contra Costa County Board of Supervisors 189 #LP95-2020 for the purpose of addressing the concerns of the appellants by reducing the park’s hours of operation and to present a more accurate site plan (Exhibit #2) that is consistent with the approved site plan that is on file (Exhibit #3). On July 26, 2016, the Planning Commission held a hearing to consider the permit modifications proposed under application #LP15-2040 and approved the modifications unanimously, which decision was subsequently appealed by the Law Office of David W. Trotter on August 1, 2016. All of the opponents’ previous and current appeal points are being addressed herein. 2015 Land Use Permit Modification (County File #LP15-2040) The applicants propose to modify County File #LP95-2020 for the continued operation of an off-road recreational motorcycle facility and seek approval of (1) a revised site plan to show the relocation of the central oval racetrack to an area on the property consistent with the location approved by LP95-2020, (2) to modify the conditions of approval for LP95-2020, and (3) a grading permit for 15,000 cubic yards of dirt for the relocation of the oval track and for abatement of non-permitted motorcycle tracks constructed by the original property owners. The table below summarizes key proposed changes to the land use permit. Existing Conditions LP95-2020 Proposed New Conditions LP15-2040 Noise Emissions Submit a noise impact study performed by a qualified acoustical engineer. The study should be based on noise levels generated by the first scheduled racing event on the oval. The study shall measure noise levels along the east boundary of the Davis property (Parcel 003-020-033). If noise levels exceed the land use compatibility standards prescribed in the Noise Element, mitigation measures shall be provided to reduce the sound levels to within appropriate levels at the Davis property line. Average noise levels generated motorcycle/go cart riding and racing activities shall not exceed the community noise exposure level of 75 decibels specified by the General Plan for agricultural areas, and shall not exceed those specified in the analysis of the March 8, 2016 project noise study. For formalized racing events, no more than 25 riders will be allowed on the main track at a time, and no more than 13 riders will be allowed on the oval track. The park operator shall maintain a log of riders for all formalized racing events. Race heats shall be conducted on one track at a time to avoid simultaneous heats on both tracks in order to reduce noise levels. All individuals motorcycles and/or go-carts using the park shall be required to meet a noise standard of not more than 96 decibels when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. Noise measurements shall be taken on a daily basis prior to admission and use of the park for all motorcycles and/or go-carts seeking to use the park. Any measured vehicles not meeting this standard shall not be allowed admission and use of the park. November 15, 2016 Contra Costa County Board of Supervisors 190 Permit and Compliance Review This use is approved for 25 years with the applicant to initiate and fund five (5) year reviews for the compliance by the Zoning Administrator in a public hearing with appropriate notice to property owners within 300 feet of site and individuals expressing interest in the project. Before the end of each 5-year review period, the applicant shall submit a report detailing the steps taken to comply with the approval dictates. The first such submittal shall be made prior to November 1, 2003. The permit shall expire November 16, 2028. The applicant is responsible for costs associated with the 5-year review. The park operator and/or property owners shall submit an application for a compliance review annually for three (3) years, then every five (5) years thereafter. A report detailing the steps taken to comply with the conditions of approval shall accompany the application. The applicant is responsible for costs associated with the compliance reviews. A deposit/fee in the amount of $1000.00 (subject to time and materials) will be filed with the compliance review application to allow for review of the conditions of approval. Compliance shall be determined by the Zoning Administrator in a public hearing with appropriate notice to property owners within 300 feet of the site and to any individuals or parties expressing interest in the project. Hours of Operation Motorcycle activity is permitted 7 days a week but limited to the hours of 8 a.m. - 7 p.m. or sundown, whichever comes first. 1. The lighted race track may be used on Friday or Saturday from 7 p.m. to 11 p.m. (Potential 4-5 times per month) 2. Motorcycle racing shall be limited to Saturdays, Sundays and holidays except that no racing or motorcycle activity shall be allowed on Thanksgiving or Christmas. 3. Racing events are permited every weekend (potential of 8-10 times per month). 4. Recreational and practice riding activities on the main track and the lighted oval track is permitted 5 days a week (Thursday-Monday) and shall be limited to the hours of 8 a.m. - 7 p.m. or sundown, whichever comes first. 1. The lighted oval track may be used for late night recreational riding until 10 p.m., but no more than two (2) days per calendar month on a Friday or Saturday if no racing events are scheduled in the same month, and the park shall be emptied by 11 p.m. 2. Tuesdays and Wednesdays shall be "quiet days with no riding activities allowed by customers, or for the property owners' private use or otherwise. 3. All motorcycle racing events on the main track and the lighted oval track shall be allowed on one night per weekend (Saturday and Sunday) and on holidays, but not to exceed two (2) racing events per calendar month. No motorcycle activity or racing shall be allowed on Thanksgiving or Christmas. Racing hours shall be limited from 8 a.m. - 7 p.m. or sundown, whichever comes first 4. APPEAL DISCUSSION On August 1, 2016, an appeal of the County Planning Commission’s approval of County File #LP15-2040 was filed by the Law Office of David W. Trotter, representing project opponents, for the reasons set forth in their letter of appeal (Exhibit #4). The main points of the appeal letter are as follows and are expanded in depth within the Staff Responses. (1) Land Use Permit #LP95-2020 has expired due to non-operation of the park. (2) Project noise impacts are inconsistent with the General Plan and were not properly evaluated. (3) The project is not exempt from CEQA. November 15, 2016 Contra Costa County Board of Supervisors 191 (4) The subject property is smaller than it was when LP95-2020 was originally approved. (5) Excessive nighttime use of the lighted oval track is being allowed. STAFF RESPONSES (1) VALIDITY OF THE LAND USE PERMIT The appellants assert that Land Use Permit #LP95-2020 is void and has been terminated by operation of law because the motocross park has been closed to the public for more than six months. The appellants cite Ordinance Code Section 26-2.2016, which states: “If a use is established according to the terms and conditions of a permit and the use is discontinued for any reason for a period of six months, the permit shall become void and the use will not be resumed. Upon application during the six months period by the owner and upon a showing of good cause the director of planning may grant an extension not to exceed a total of six months.” The Land Use Entitlement Is Still In Effect And Not Expired Once a property owner obtains a land use permit and begins operating under the permit, the property owner has a vested right to continue the use on the property. Subsequent property owners also have a vested right to continue the use on the property because a land use permit runs with the land. Courts have held that even if an ordinance provides for the automatic termination of a land use permit, the rights granted under a land use permit cannot be terminated unless the agency holds a hearing to revoke the permit. Community Development Commission v. City of Fort Bragg, (1988) 204 Cal. App. 3d.1124).To revoke a land use permit for non-use, an agency must find that the property owner did not intend to continue the use and did not take any steps during the period of non-use to resume the use. Inactivity is not the sole consideration. For instance, it is very common for gas stations to close for indefinite periods of time for environmental remediation, or due to the sale of the property, and reopen at a later date. In these cases, staff typically does not hold a public hearing to seek to terminate the land use permit or require a new one in order to reopen if the intent to continue to use the property as a gas station is still apparent. If the gas station’s infrastructure, such as buildings, canopies, pumps, etc., is still available, then the use is still valid. Here, the evidence shows that even though the motocross park was not open to the public for a period of time, property owners did not intend to discontinue the use and took steps to re-open the park to the public. There was intent to continue to use the property as a motocross park since the tracks and other aspects of the motocross park remained in place, and small motocross classes were held at the park when the park was not open to the public. In addition, the applicants have been actively pursuing compliance with the conditions of approval for Land Use Permit #LP95-2020. After the property was sold at auction in May of 2012, the interim property owners requested an extension of the land use permit based on Section 26-2.2016. Although an extension under Section 26-2.2016 was not required since the intent to continue use of the park for motocross recreation was evident, a permit extension was granted. The following timeline of events is provided as additional evidence to show that the land use permit has not expired. August 6, 2012—Sandhill Ranch Motocross announces that they are officially closed to the public (Exhibit #5). December 3, 2012—(4 months after closure) The interim property owners apply for a 6-month extension pursuant to County Code Section 26-2.2016. March 5, 2013—The County grants a 6-month extension for a time period extending from February 6, 2013 until August 6, 2013. May of 2013—(3 months into extension period) Motorcycle training classes for paying customers November 15, 2016 Contra Costa County Board of Supervisors 192 May of 2013—(3 months into extension period) Motorcycle training classes for paying customers commence on the subject property, thus establishing that the use was resumed in a timely manner pursuant to Section 26-2.2016 (Exhibit #6, see Page 9). August 7, 2013—The interim property owners submit an application for the 5-year Compliance Review #LP13-2095 and pay the required fees and submit documentation confirming that the use was resumed in May of 2013 and briefly in December of 2012 (Exhibit #6, see Page 8). This action served to further validate that the use was not void, and the change in business owners/operators did not invalidate Land Use Permit #LP95-2020. March 28, 2014—The subject property is purchased by the current owners, James and Dorothy Schmidt and John and Lori Ramirez with the intent to operate the motorcycle park as a family business and open it to paying customers under the business name of Diablo MX Ranch (Exhibit #7). March 28, 2014 through December 1, 2014—The applicants take over the responsibility of completing the required 5-year Compliance Review #LP13-2095 and actively pursue compliance with the conditions of the permit by paying all required County fees and hiring various consultants, engineers, and contractors to help them bring the property into compliance with the permit. Even though the park has not been open to the public since being purchased by the applicants, Land Use Permit #LP95-2020 is considered valid by diligent and continued efforts to comply with the conditions of approval. December 5, 2014—A letter from appellant Linda Thuman (Exhibit #8, see Page 1) confirms that the use was reinitiated in the form of motorcycle training classes. A quote from page 1 of the Thuman letter states that, “…it is our opinion that Sand Hill has been closed for over two years. During that time there was occasional, very quiet motorcycle classes that took place .” The December 5, 2014 Thuman letter corroborates that the property was being used for motorcycle activities during the time in question, thus further confirming the continued intent and exercise of the land use permit. December 15, 2014—The Zoning Administrator finds the motorcycle facility to be in compliance with the conditions of approval with Land Use Permit #LP95-2020 and approved this 5-year compliance review. May 12, 2015—The Planning Commission held an appeal hearing, during which they voted to uphold the Zoning Administrator’s December 15, 2014 decision and found the motorcycle facility to be in compliance with the conditions of approval for Land Use Permit #LP95-2020. (2) NOISE EVALUATION A 75 decibel noise threshold for determining whether the project would have any significant noise impacts was applied to the project, because the project is located on land with a General Plan designation of "Agricultural Lands" (AL). The appellants claim that reliance on the General Plan’s 75 decibel noise exposure standard for agricultural properties is incorrect. The appellants claim that the surrounding properties are residential areas, and the project should therefore be subject to a 60 decibel noise exposure standard. The Project And Associated Noise Emmissions Are Consistent With The General Plan And Zoning The 75 decibel noise threshold is consistent with the General Plan’s Noise Element and is the appropriate noise standard for projects in agricultural areas. The subject parcel has the General Plan land use designation of Agricultural Lands (AL), and is located within the Heavy Agricultural (A-3) zoning district. The subject property and surrounding properties are agricultural properties, and the Noise Element of the General Plan establishes an acceptable community noise exposure level of 75 decibels for agricultural properties (Exhibit #9). The General Plan further states that “extensive recreational facilities”, such as the Diablo MX Ranch motorcycle recreation park, may be allowed in agricultural areas that are designated Agricultural Lands by issuance of a land use permit. The proposed modifications are also consistent with Section 84-38.404(20) of the of the Zoning Ordinance, which allows outdoor commercial recreational facilities in the A-3 zoning district with approval of a land use permit. In the case of this modification application, the continued operation of the existing outdoor motorcycle recreational facility is consistent with the intent and standards of both the Heavy Agricultural A-3 zoning district and the General Plan’s agricultural designation of the subject property. November 15, 2016 Contra Costa County Board of Supervisors 193 Noise Was Properly Considered And Evaluated Pursuant To The Noise Element Of The General Plan Staff required the property owners to provide a noise study to determine if the proposed modifications would be consistent with the Noise Element of the General Plan and to determine if any noise mitigations were warranted. The applicant’s noise study was peer-reviewed by an independent third party acoustical consultant retained by the County (Exhibit #10). The peer-review concluded that the appropriate methodology was used for project noise study and the calculated noise levels presented in the report are reasonable. The noise study concluded that the motorcycle park’s noise levels will not exceed the 75 decibel noise standard of the General Plan’s Noise Element, and noise mitigation(s) are not required for the project as proposed. The project noise study, dated March 8, 2016 (Exhibit #11), was prepared by Wilson Irhig, an acoustical and noise consulting firm. The purpose of the study was to determine the typical noise levels to be expected from dirt bike activity at the facility and evaluate them against the 75 decibel noise exposure level cited in the General Plan for agricultural areas. The study addressed four different scenarios for motorcycle activity: weekend race days, weekend non-race practice/recreational riding, weekday practice/recreational riding, and an occasional riding event called “Friday (or Saturday) Night Under the Lights”. These four activities were determined to have the potential to produce the most intensive noise levels. The following discussion presents an overview of the noise study and its conclusions. Noise Study Overview Simulated race day and practice/recreational riding were conducted with the participation of approximately 50 volunteer riders over a four-hour period on January 28, 2016, and the sound levels of these activities were measured by Wilson Irhig personnel. The project opponents were solicited for permission to place noise measuring devices on their properties, but permission was not granted. Therefore, the noise levels were measured at the property lines of the subject property, which in actuality provides a more conservative measurement of the noise, since it can be reasonably assumed that any noise measurements taken farther out from the subject property boundaries would have been lower. Five measurement locations were setup around the property lines, with measurement Location 4 generally receiving the highest sound levels (see Exhibit #12 for measurement locations). Noise Study Results Weekend Race Day Noise Levels: The noise study indicated that a weekend race day event would generate the loudest noise with a maximum level of 73 decibels, measured at Location 4. The other measurement locations measured noise levels between 60 to 69 decibels for a weekend race day event. Weekend Recreational/Practice Noise Levels: The results of the analysis for a typical non-race weekend indicates that the maximum noise level at Location 4 would be 68 decibels, and the results at the other four measurement locations indicate that noise levels would range from 58 to 64 decibels. Weekday Recreational/Practice Noise Levels: The results of the analysis for a typical weekday recreational/practice riding day indicated lower noise levels due to shorter hours of activity, with a noise level at Location 4 of 64 decibels. The noise levels at the other four measurement locations ranged from 54 to 60 decibels. Friday Night Under the Lights Noise Levels: The results of the analysis for a “Friday (or Saturday) Night Under the Lights” event indicated a noise level of 60 decibels at Locations 1 and 5. The results at the other three measurement locations indicate expected noise levels to range from 52 to 57 decibels. Estimated Noise Levels at Nearby Residences (see Exhibit #13 for residence locations): The neighboring residences are located farther out from the measurement locations, so the noise levels would therefore be lower at the residence locations. The noise levels were estimated to range from 58 to 61 decibels at Residence 2 for a typical weekend race day event; the noise level estimated for the other residences would range from 55 to 60 decibels. For weekend and weekday recreational/practice riding, the levels would be lower. For the “Friday (or Saturday) Night Under the Lights” event, the highest noise level is estimated to be 60 decibels at Residences 1 and 4 and even lower at the other residences. General Plan Figure 11-6 (see again Exhibit #9) establishes November 15, 2016 Contra Costa County Board of Supervisors 194 community noise levels ranging from 60 to 65 decibels as “normally acceptable” for residential land use categories. The results of the noise study demonstrate that the project noise impacts to the neighboring residences can be expected to range from 55 to 61 decibels for the most noise-intensive racing events, and even lower for non-race activity. Based on this data, the project conforms to noise standards of the General Plan for both agricultural and residential land uses, though as stated previously, the applicable standard in this case is for agricultural land use. Noise Study Conclusion The results of the noise study show that the maximum noise levels would occur during a weekend race day scenario, due to a higher number of riders and a longer duration of riding activities than that of a typical non-race recreational/practice riding day. The predicted noise levels at all the modeled property line locations for the neighboring residences is below the Noise Element guideline of 75 decibels, which is considered “normally acceptable” for areas with a General Plan designation of Agricultural Lands; therefore, no mitigation measures for noise were recommended by the acoustical engineer. It should also be noted that the appellants submitted a sound report dated October 20, 2015, prepared by Charles M. Salter Associates (Exhibit #14). The opponents’ sound report was also peer-reviewed (see again Exhibit #10) by Illingworth & Rodkin, Inc., the County-retained acoustical consultant who concluded that the report only presented ambient noise measurements and that the report assumes that the project is subject to a 60 decibel noise exposure level for residential land uses. As part of this appeal, the project opponents submitted a new document with comments on the project noise study (Exhibit #15); these comments have not been peer reviewed. No Noise Mitigation Measures Are Required The appellants have assumed that the project is subject to the General Plan Noise Element’s 60 decibel noise exposure level for residential land uses. The project is not a residential project, nor is the project site located in a residential zoning district, but rather the project site is located, and the neighboring properties, are an agricultural zoning district and have an agricultural General Plan designation, and therefore, the 75 decibel General Plan noise exposure level for agricultural areas is the appropriate standard for the project. The proposal also includes a reduction of the hours of operation of the park. By proposing to reduce the hours of operation and reducing the days open from 7 days to 5 days per week, the intensity of the land use is lessened. Thus, the results of the sound study along with the reduced hours of operation of the park will ensure the noise levels generated by the facility, are consistent with the General Plan and thus no mitigation measures are warranted. The Project Is Not Subject To The 60 Decibel Noise Control Program The applellants claim that the project is subject to the 60 Decibel Noise Control special program. The “60 Decibel Noise Control” box on the Agency Comment Request form was checked by the intake planner at the time the application was submitted because the county GIS indicated the presence of a 60 decibel noise contour in the vicinity of the project area. This was to alert other agencies and departments to the presence of the 60 decibel noise contour should they have any comments or concerns regarding noise. It does not limit the project to 60 decibels. The northern frontage of the subject property is situated within the Camino Diablo Road 60 decibel noise contour, which informs the Department of Conservation and Development staff that Camino Diablo Road generates high noise levels. Pursuant to the General Plan, the 60 decibel noise contour is taken into account when considering projects proposing new residential development. The 60 decibel noise contour was established to identify residential projects that could potentially be impacted by noise. As discussed previously, the proposed project is not a residential project, nor is the project site located in a residential zoning district , and the noise-generating activities of the motorcycle park will take place entirely outside the boundary of the Camino Diablo noise contour. The Project Is Not Required To Conform To The Noise Thresholds Of The Brentwood Rod & Gun Club And Keller Canyon Landfill Projects The appellants cite two different projects that used lower noise thresholds—the Brentwood Rod & Gun Club and November 15, 2016 Contra Costa County Board of Supervisors 195 the Keller Canyon Landfill projects. A lower standard of 63 decibels was proposed to be applied to the Brentwood Road & Gun Club project that was proposed next-door to the subject parcel on a property that is also zoned A-3 and Agricultural Land under the General Plan. The County applied a 63 decibel standard to that proposal because the noise from the gun club would be “impulsive gun noise.” Impulsive gun noise is a different type of noise compared to the noise generated by a motocross track. Impulsive noise is considered more annoying and startling than vehicle noise. In the case of the gun club project, a lower limit of 63 decibels was proposed based on research and studies that indicated that human ears are more sensitive to gun shot noise. But 63 decibels was not intended to supersede the noise standards of the General Plan, nor was it meant to apply to all projects in agricultural areas. In fact, the Brentwood Rod & Gun Club draft Environmental Impact Report (EIR) acknowledges that 75 decibels is the applicable noise standard for agricultural properties. In the case of the Keller Canyon Landfill, it was determined that the maximum projected operational noise levels would be approximately 52 decibels, so it appears that the project was conditioned with a noise cap of 60 decibels (ref. LP2020-89, COA #21.2), based on the low expected noise impacts. In addition, the Keller Canyon landfill is not located in an area designated by the General Plan as "Agricultural Land." Conversely, this project does not propose any new noise sources or changes that would intensify noise, but rather proposes to reduce noise impacts. This project is also different in that the subject motorcycle park is a long-established existing land use that was established in 1973 when there were no residences in proximity; the Rod & Gun Club, in contrast, was a new project proposed in the vicinity of existing residences that would have presented a different type of noise impact. The project proposes to only modify the conditions of approval of the existing land use permit for the park, and furthermore, the proposed modifications will reduce the daily hours of operation of the park, and will reduce the days open from 7 days to 5 days per week, which will effectively reduce the noise impacts produced by the park and establish a more restrictive permit. Consideration of applicable noise standards is governed by the General Plan, and every project is reviewed individually. If a lower noise standard was found to be more appropriate in the case of one or two other projects, it does not imply that all subsequent projects are bound to that standard as well. In the case of this modification application, the continued operation of the existing outdoor motorcycle recreational facility is consistent with the intent and standards of both the Heavy Agricultural A-3 zoning district and the General Plan’s agricultural designation of the subject property, the application of the 75 decibel noise exposure standard for agricultural properties is appropriate. (3) CALIFORNIA ENVIRONMENTAL QUAILITY ACT (CEQA) STATUS AND ENVIRONMENTAL REVIEW The appellants claim that the Class 1 exemption relied upon for the Planning Commission’s approval of the project was contrary to CEQA because the project has a “reasonable possibility of resulting in a significant effect” on the environment due to extreme noise impacts. The Proposed Grading Activities Are CEQA Class 4 Categorically Exempt The project applicants are also seeking a grading permit for 15,000 cubic yards of dirt for the relocation of the central oval track and for the abatement of non-permitted motorcycle tracks constructed by the original property owners. This grading constitutes a minor alteration to the land that is categorically exempt under a Class 4 CEQA exemption. The grading would be conducted entirely within previously disturbed areas that have already been approved for and used for motorcycle riding. CEQA Class 1 Categorical Exemption Applies The CEQA Section 15301 Class 1 categorical exemption can be applied to a project involving an existing facility where “negligible or no expansion of an existing use” is proposed. The project proposes modifications to the conditions of approval of an existing land use permit. The applicants propose to operate the facility in a manner consistent with the approved entitlement. No expansion of, or intensification of the use is proposed. The motorcycle activities and proposed grading will be conducted entirely within existing disturbed areas that have November 15, 2016 Contra Costa County Board of Supervisors 196 already been approved for and used for motorcycle riding since approximately 1973. The environmental impacts of the motocross park were analyzed in accordance with CEQA during the review and approval process for the existing Land Use Permit #LP95-2020, during which an Initial Study was conducted that analyzed the motocross activities in terms of their effect on various environmental categories, including biological resources, wildlife, air quality, soil/geology, water quality, noise, cultural resources, and traffic. As a result, a Negative Declaration was issued indicating that the land use would not have a significant effect on the environment (Exhibit #16). This modification application does not propose any expansion to the existing facility, nor does it propose to intensify the land use beyond what was previously approved. In fact, the proposal includes a reduction of the hours of operation of the park. By proposing to reduce the hours of operation, and to reduce the days open from 7 days to 5 days per week, thus providing two “quite days” per week (Exhibit #17, see proposed COAs 6 & 7), the intensity of the land use is considered to be greatly lessened, primarily in terms of noise impacts. The proposed modification application is categorically exempt, since it does not expand the current approved land use, and thereby would not increase any environmental impacts. Therefore no further CEQA review is required. (4) REDUCED LOT SIZE Reduced Lot Size Was Approved At Hearing In 2004 It is also noted here that the project opponents have argued that because the subject parcel is smaller than it was when the entitlement was approved in 1998, the project should again be subject to CEQA. In fact, the property is roughly half the size it was when it was originally approved for motorcycle activities in the early 1970s. The property size was first reduced by a lot line adjustment that created the abutting Harrison parcel APN #003-020-042 that was recorded on September 22, 1999 (Exhibit #18). Subsequently, the subject parcel was further reduced by County File #LP03-2067, which approved Lot Line Adjustment #LL03-0049 that established the current configuration of the property (Exhibit #19). County File #LP03-2067 was approved at a public hearing on January 5, 2004 and found to be exempt from CEQA. Lot Line Adjustment #LL03-0049 was recorded on March 16, 2004; thus, legally creating the subject parcel in its current configuration after appropriate consideration under CEQA. (5) NIGHTTIME USE OF THE LIGHTED OVAL TRACK HAS BEEN SIGNIFICANTLY REDUCED The appellants have claimed that nighttime use of the lighted oval track on Friday and Saturday nights is excessive. Late-night use of the lighted oval track is proposed to be reduced from 11:00 PM to 10:00 PM, and only for two calendar days per month. Under the current permit, use of the lighted oval track can be until 11:00 PM every Friday and Saturday. Also, under the current permit, racing events can be held every weekend, and the modified permit would reduce racing events to only two calendar days per month. These are very significant reductions to the hours of operation of the park that will greatly reduce the nighttime use of the facility (see again Exhibit #17). Additionally, the overall days of operation will be reduced from 7 days to 5 days per week with two quite days where no motorcycle activity is allowed whatsoever, and the park will now open at 9:00 AM instead of 8:00 AM. The new reduced park hours of operation are also more consistent with other motocross facilities in the region (Exhibits #20 & #25) CONSEQUENCE OF NEGATIVE ACTION: The applicants/owners will not be able to obtain a land use permit modification. CHILDREN'S IMPACT STATEMENT: None. This Board Order is for an appeal of an application to modify the conditions of approval of an existing land use permit and will not affect children’s programs in the County. CLERK'S ADDENDUM November 15, 2016 Contra Costa County Board of Supervisors 197 The following people spoke in support of the land use permit: Jim Schmidt, Diablo MX Ranch; Paul Mullin, resident of Concord; Mike Northrop, resident of Concord; Leisa Nalls, resident of Emeryville; Diane Mead, California Off Road Vehicle Association; Paul Moore, Richmond Ramblers Motocross; Mike Kendizo, District 36 Mortorcycle Org; Steve Machado, resident of Dublin; Alex Edmon, resident of Discovery Bay; Jack Sanchez, resident of Antioch. The following people spoke in opposition of the land use permit, residents of Brentwood: Linda Thuman; Jeremy Decker, Charles M. Salter Associates; Howard Bowles; Tyler Kendrick, Tess Kendrick (attachment); Rick Kendrick, Steve Glennon; Christina Coleman, Donna Kendrick. The following did not wish to speak, but left written commentary (attached). Chair Andersen read them into the record. By unanimous vote, accepted new material into the record from the Department of Conservation and Develoment (attached). CLOSED the public hearing; CONTINUED the matter to December 13, 2016 at 9:30 a.m. to allow staff to return with modified and additional conditions of approval. AGENDA ATTACHMENTS EXHIBIT #1 LP95-2020 Approved Permit and COAs EXHIBIT #2 Proposed New Site Plan, Dated 10-8-2015 EXHIBIT #3 Current Approved Site Plan For LP95-2020 EXHIBIT #4 Trotter Letter of Appeal, Dated 8-1-2016 EXHIBIT #5 Screenshot of Sandhill Ranch Facebook Page EXHIBIT #6 Property Owner's Statement of Use, Dated 8-2-2013 EXHIBIT #7 Schmidt Grant Deed Recorded 3-28-2014 EXHIBIT #8 Thuman Letter, Dated 12-5-2014 EXHIBIT #9 General Plan Figure 11-6 Land Use Noise Compatability EXHIBIT #10 Peer Review of Project Noise Study, Dated 4-12-2016 EXHIBIT #11 Project Noise Study, Dated 3-8-2016 EXHIBIT #12 Noise Measurement Locations EXHIBIT #13 Locations of Nearby Residences Identifed in Project Noise Study EXHIBIT #14 Appellants' Ambient Noise Mesurements, Dated 10-20-2015 EXHIBIT #15 Appellants' Comments on Project Noise Study, Dated 7-25-2016 EXHIBIT #16 CEQA Notice of Determination and Initial Study for LP95-2020 EXHIBIT #17 Proposed New Conditions of Approval For LP15-2040 EXHIBIT #18 1999 Lot Line Adjustment Reducing Subject Parcel Size EXHIBIT #19 LL03-0049 Lot Line Adjustment EXHIBIT #20 Regional Survey of Motocross Park Hours of Operation EXHIBIT #21 CPC Resoution No. 13-2016 EXHIBIT #22 CPC Staff Report, Dated 7-26-2016 EXHIBIT #23 Pertinent Maps EXHIBIT #24 Trotter Appeal Letter, Dated 5-22-2015 EXHIBIT #25 Hours of Operation (Existing vs. Proposed) November 15, 2016 Contra Costa County Board of Supervisors 198 Staff Presentation MINUTES ATTACHMENTS Additional Material - DCD Additional Material - Appellant Correspondence Received Written Comments from public November 15, 2016 Contra Costa County Board of Supervisors 199 November 15, 2016 Contra Costa County Board of Supervisors 200 November 15, 2016 Contra Costa County Board of Supervisors 201 November 15, 2016 Contra Costa County Board of Supervisors 202 November 15, 2016 Contra Costa County Board of Supervisors 203 November 15, 2016 Contra Costa County Board of Supervisors 204 November 15, 2016 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Contra Costa County Board of Supervisors 490 November 15, 2016 Contra Costa County Board of Supervisors 491 November 15, 2016 Contra Costa County Board of Supervisors 492 November 15, 2016 Contra Costa County Board of Supervisors 493 November 15, 2016 Contra Costa County Board of Supervisors 494 November 15, 2016 Contra Costa County Board of Supervisors 495 November 15, 2016 Contra Costa County Board of Supervisors 496 November 15, 2016 Contra Costa County Board of Supervisors 497 November 15, 2016 Contra Costa County Board of Supervisors 498 November 15, 2016 Contra Costa County Board of Supervisors 499 November 15, 2016 Contra Costa County Board of Supervisors 500 November 15, 2016 Contra Costa County Board of Supervisors 501 November 15, 2016 Contra Costa County Board of Supervisors 502 November 15, 2016 Contra Costa County Board of Supervisors 503 November 15, 2016 Contra Costa County Board of Supervisors 504 November 15, 2016 Contra Costa County Board of Supervisors 505 November 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November 15, 2016 Contra Costa County Board of Supervisors 522 November 15, 2016 Contra Costa County Board of Supervisors 523 November 15, 2016 Contra Costa County Board of Supervisors 524 November 15, 2016 Contra Costa County Board of Supervisors 525 November 15, 2016 Contra Costa County Board of Supervisors 526 November 15, 2016 Contra Costa County Board of Supervisors 527 November 15, 2016 Contra Costa County Board of Supervisors 528 November 15, 2016 Contra Costa County Board of Supervisors 529 November 15, 2016 Contra Costa County Board of Supervisors 530 November 15, 2016 Contra Costa County Board of Supervisors 531 November 15, 2016 Contra Costa County Board of Supervisors 532 November 15, 2016 Contra Costa County Board of Supervisors 533 November 15, 2016 Contra Costa County Board of Supervisors 534 November 15, 2016 Contra Costa County Board of Supervisors 535 November 15, 2016 Contra Costa County Board of Supervisors 536 November 15, 2016 Contra Costa County Board of Supervisors 537 November 15, 2016 Contra Costa County Board of Supervisors 538 November 15, 2016 Contra Costa County Board of Supervisors 539 November 15, 2016 Contra Costa County Board of Supervisors 540 November 15, 2016 Contra Costa County Board of Supervisors 541 November 15, 2016 Contra Costa County Board of Supervisors 542 November 15, 2016 Contra Costa County Board of Supervisors 543 November 15, 2016 Contra Costa County Board of Supervisors 544 November 15, 2016 Contra Costa County Board of Supervisors 545 November 15, 2016 Contra Costa County Board of Supervisors 546 November 15, 2016 Contra Costa County Board of Supervisors 547 November 15, 2016 Contra Costa County Board of Supervisors 548 November 15, 2016 Contra Costa County Board of Supervisors 549 November 15, 2016 Contra Costa County Board of Supervisors 550 November 15, 2016 Contra Costa County Board of Supervisors 551 November 15, 2016 Contra Costa County Board of Supervisors 552 November 15, 2016 Contra Costa County Board of Supervisors 553 November 15, 2016 Contra Costa County Board of Supervisors 554 November 15, 2016 Contra Costa County Board of Supervisors 555 November 15, 2016 Contra Costa County Board of Supervisors 556 November 15, 2016 Contra Costa County Board of Supervisors 557 November 15, 2016 Contra Costa County Board of Supervisors 558 November 15, 2016 Contra Costa County Board of Supervisors 559 November 15, 2016 Contra Costa County Board of Supervisors 560 November 15, 2016 Contra Costa County Board of Supervisors 561 November 15, 2016 Contra Costa County Board of Supervisors 562 November 15, 2016 Contra Costa County Board of Supervisors 563 November 15, 2016 Contra Costa County Board of Supervisors 564 November 15, 2016 Contra Costa County Board of Supervisors 565 November 15, 2016 Contra Costa County Board of Supervisors 566 November 15, 2016 Contra Costa County Board of Supervisors 567 November 15, 2016 Contra Costa County Board of Supervisors 568 November 15, 2016 Contra Costa County Board of Supervisors 569 November 15, 2016 Contra Costa County Board of Supervisors 570 November 15, 2016 Contra Costa County Board of Supervisors 571 November 15, 2016 Contra Costa County Board of Supervisors 572 November 15, 2016 Contra Costa County Board of Supervisors 573 November 15, 2016 Contra Costa County Board of Supervisors 574 November 15, 2016 Contra Costa County Board of Supervisors 575 November 15, 2016 Contra Costa County Board of Supervisors 576 November 15, 2016 Contra Costa County Board of Supervisors 577 November 15, 2016 Contra Costa County Board of Supervisors 578 November 15, 2016 Contra Costa County Board of Supervisors 579 November 15, 2016 Contra Costa County Board of Supervisors 580 November 15, 2016 Contra Costa County Board of Supervisors 581 November 15, 2016 Contra Costa County Board of Supervisors 582 November 15, 2016 Contra Costa County Board of Supervisors 583 November 15, 2016 Contra Costa County Board of Supervisors 584 November 15, 2016 Contra Costa County Board of Supervisors 585 November 15, 2016 Contra Costa County Board of Supervisors 586 November 15, 2016 Contra Costa County Board of Supervisors 587 November 15, 2016 Contra Costa County Board of Supervisors 588 November 15, 2016 Contra Costa County Board of Supervisors 589 November 15, 2016 Contra Costa County Board of Supervisors 590 November 15, 2016 Contra Costa County Board of Supervisors 591 November 15, 2016 Contra Costa County Board of Supervisors 592 November 15, 2016 Contra Costa County Board of Supervisors 593 November 15, 2016 Contra Costa County Board of Supervisors 594 November 15, 2016 Contra Costa County Board of Supervisors 595 November 15, 2016 Contra Costa County Board of Supervisors 596 November 15, 2016 Contra Costa County Board of Supervisors 597 November 15, 2016 Contra Costa County Board of Supervisors 598 November 15, 2016 Contra Costa County Board of Supervisors 599 November 15, 2016 Contra Costa County Board of Supervisors 600 November 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November 15, 2016 Contra Costa County Board of Supervisors 617 November 15, 2016 Contra Costa County Board of Supervisors 618 November 15, 2016 Contra Costa County Board of Supervisors 619 November 15, 2016 Contra Costa County Board of Supervisors 620 November 15, 2016 Contra Costa County Board of Supervisors 621 November 15, 2016 Contra Costa County Board of Supervisors 622 November 15, 2016 Contra Costa County Board of Supervisors 623 November 15, 2016 Contra Costa County Board of Supervisors 624 November 15, 2016 Contra Costa County Board of Supervisors 625 November 15, 2016 Contra Costa County Board of Supervisors 626 November 15, 2016 Contra Costa County Board of Supervisors 627 November 15, 2016 Contra Costa County Board of Supervisors 628 November 15, 2016 Contra Costa County Board of Supervisors 629 November 15, 2016 Contra Costa County Board of Supervisors 630 November 15, 2016 Contra Costa County Board of Supervisors 631 November 15, 2016 Contra Costa County Board of Supervisors 632 November 15, 2016 Contra Costa County Board of Supervisors 633 November 15, 2016 Contra Costa County Board of Supervisors 634 November 15, 2016 Contra Costa County Board of Supervisors 635 November 15, 2016 Contra Costa County Board of Supervisors 636 November 15, 2016 Contra Costa County Board of Supervisors 637 November 15, 2016 Contra Costa County Board of Supervisors 638 November 15, 2016 Contra Costa County Board of Supervisors 639 November 15, 2016 Contra Costa County Board of Supervisors 640 November 15, 2016 Contra Costa County Board of Supervisors 641 November 15, 2016 Contra Costa County Board of Supervisors 642 November 15, 2016 Contra Costa County Board of Supervisors 643 November 15, 2016 Contra Costa County Board of Supervisors 644 November 15, 2016 Contra Costa County Board of Supervisors 645 November 15, 2016 Contra Costa County Board of Supervisors 646 November 15, 2016 Contra Costa County Board of Supervisors 647 November 15, 2016 Contra Costa County Board of Supervisors 648 November 15, 2016 Contra Costa County Board of Supervisors 649 November 15, 2016 Contra Costa County Board of Supervisors 650 November 15, 2016 Contra Costa County Board of Supervisors 651 November 15, 2016 Contra Costa County Board of Supervisors 652 November 15, 2016 Contra Costa County Board of Supervisors 653 November 15, 2016 Contra Costa County Board of Supervisors 654 November 15, 2016 Contra Costa County Board of Supervisors 655 November 15, 2016 Contra Costa County Board of Supervisors 656 November 15, 2016 Contra Costa County Board of Supervisors 657 November 15, 2016 Contra Costa County Board of Supervisors 658 November 15, 2016 Contra Costa County Board of Supervisors 659 November 15, 2016 Contra Costa County Board of Supervisors 660 November 15, 2016 Contra Costa County Board of Supervisors 661 November 15, 2016 Contra Costa County Board of Supervisors 662 November 15, 2016 Contra Costa County Board of Supervisors 663 November 15, 2016 Contra Costa County Board of Supervisors 664 November 15, 2016 Contra Costa County Board of Supervisors 665 November 15, 2016 Contra Costa County Board of Supervisors 666 November 15, 2016 Contra Costa County Board of Supervisors 667 November 15, 2016 Contra Costa County Board of Supervisors 668 November 15, 2016 Contra Costa County Board of Supervisors 669 November 15, 2016 Contra Costa County Board of Supervisors 670 November 15, 2016 Contra Costa County Board of Supervisors 671 November 15, 2016 Contra Costa County Board of Supervisors 672 November 15, 2016 Contra Costa County Board of Supervisors 673 November 15, 2016 Contra Costa County Board of Supervisors 674 November 15, 2016 Contra Costa County Board of Supervisors 675 November 15, 2016 Contra Costa County Board of Supervisors 676 November 15, 2016 Contra Costa County Board of Supervisors 677 November 15, 2016 Contra Costa County Board of Supervisors 678 November 15, 2016 Contra Costa County Board of Supervisors 679 November 15, 2016 Contra Costa County Board of Supervisors 680 November 15, 2016 Contra Costa County Board of Supervisors 681 November 15, 2016 Contra Costa County Board of Supervisors 682 November 15, 2016 Contra Costa County Board of Supervisors 683 November 15, 2016 Contra Costa County Board of Supervisors 684 November 15, 2016 Contra Costa County Board of Supervisors 685 November 15, 2016 Contra Costa County Board of Supervisors 686 November 15, 2016 Contra Costa County Board of Supervisors 687 November 15, 2016 Contra Costa County Board of Supervisors 688 November 15, 2016 Contra Costa County Board of Supervisors 689 November 15, 2016 Contra Costa County Board of Supervisors 690 November 15, 2016 Contra Costa County Board of Supervisors 691 November 15, 2016 Contra Costa County Board of Supervisors 692 November 15, 2016 Contra Costa County Board of Supervisors 693 November 15, 2016 Contra Costa County Board of Supervisors 694 November 15, 2016 Contra Costa County Board of Supervisors 695 November 15, 2016 Contra Costa County Board of Supervisors 696 November 15, 2016 Contra Costa County Board of Supervisors 697 November 15, 2016 Contra Costa County Board of Supervisors 698 November 15, 2016 Contra Costa County Board of Supervisors 699 November 15, 2016 Contra Costa County Board of Supervisors 700 November 15, 2016 Contra Costa County Board of Supervisors 701 November 15, 2016 Contra Costa County Board of Supervisors 702 November 15, 2016 Contra Costa County Board of Supervisors 703 November 15, 2016 Contra Costa County Board of Supervisors 704 November 15, 2016 Contra Costa County Board of Supervisors 705 November 15, 2016 Contra Costa County Board of Supervisors 706 November 15, 2016 Contra Costa County Board of Supervisors 707 November 15, 2016 Contra Costa County Board of Supervisors 708 November 15, 2016 Contra Costa County Board of Supervisors 709 November 15, 2016 Contra Costa County Board of Supervisors 710 November 15, 2016 Contra Costa County Board of Supervisors 711 November 15, 2016 Contra Costa County Board of Supervisors 712 November 15, 2016 Contra Costa County Board of Supervisors 713 November 15, 2016 Contra Costa County Board of Supervisors 714 November 15, 2016 Contra Costa County Board of Supervisors 715 November 15, 2016 Contra Costa County Board of Supervisors 716 November 15, 2016 Contra Costa County Board of Supervisors 717 November 15, 2016 Contra Costa County Board of Supervisors 718 November 15, 2016 Contra Costa County Board of Supervisors 719 November 15, 2016 Contra Costa County Board of Supervisors 720 November 15, 2016 Contra Costa County Board of Supervisors 721 November 15, 2016 Contra Costa County Board of Supervisors 722 November 15, 2016 Contra Costa County Board of Supervisors 723 November 15, 2016 Contra Costa County Board of Supervisors 724 November 15, 2016 Contra Costa County Board of Supervisors 725 November 15, 2016 Contra Costa County Board of Supervisors 726 November 15, 2016 Contra Costa County Board of Supervisors 727 November 15, 2016 Contra Costa County Board of Supervisors 728 November 15, 2016 Contra Costa County Board of Supervisors 729 November 15, 2016 Contra Costa County Board of Supervisors 730 November 15, 2016 Contra Costa County Board of Supervisors 731 November 15, 2016 Contra Costa County Board of Supervisors 732 November 15, 2016 Contra Costa County Board of Supervisors 733 November 15, 2016 Contra Costa County Board of Supervisors 734 November 15, 2016 Contra Costa County Board of Supervisors 735 November 15, 2016 Contra Costa County Board of Supervisors 736 November 15, 2016 Contra Costa County Board of Supervisors 737 November 15, 2016 Contra Costa County Board of Supervisors 738 November 15, 2016 Contra Costa County Board of Supervisors 739 November 15, 2016 Contra Costa County Board of Supervisors 740 November 15, 2016 Contra Costa County Board of Supervisors 741 November 15, 2016 Contra Costa County Board of Supervisors 742 November 15, 2016 Contra Costa County Board of Supervisors 743 November 15, 2016 Contra Costa County Board of Supervisors 744 November 15, 2016 Contra Costa County Board of Supervisors 745 November 15, 2016 Contra Costa County Board of Supervisors 746 November 15, 2016 Contra Costa County Board of Supervisors 747 November 15, 2016 Contra Costa County Board of Supervisors 748 November 15, 2016 Contra Costa County Board of Supervisors 749 November 15, 2016 Contra Costa County Board of Supervisors 750 November 15, 2016 Contra Costa County Board of Supervisors 751 November 15, 2016 Contra Costa County Board of Supervisors 752 November 15, 2016 Contra Costa County Board of Supervisors 753 RECOMMENDATION(S): Consider accepting a report and recommendation from Health Service Department and providing direction on the LAFCO Special Study of Governance Options (Study), for the West Contra Costa Healthcare District (WCCHD), as recommended by the County Health Services Director, William B. Walker, MD. FISCAL IMPACT: No fiscal impact, information report only. BACKGROUND: West County Health Care District operated Doctor’s Medical Center (DMC) San Pablo, which suffered long standing fiscal difficulties beginning in the mid 1990’s, and after numerous efforts to save the hospital, closed on April 21, 2015. DMC was the largest of two hospitals in West County, leaving only Kaiser Richmond Medical Center to serve a community of over 250,000. The closure not only eliminated 154 hospital medical surgical beds, 25 emergency department beds and 35 ICU beds, it also impacted the community by reducing the availability of essential outpatient and urgent care medical and surgical services associated with the treatment of cancer, renal disease, diabetes and heart disease. In 2016, because the WCCHD no longer operated a hospital, and does not provide any other health-related services, LAFCO undertook a special study to evaluate district dissolution, consolidation or reorganization. The special study evaluated a range of alternatives which might allow the continued use of the ad valorem property tax proceeds for healthcare purposes in West Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: William Walker, 925-957-5403 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Pat Frost D. 5 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Consider accepting report and recommendation from Health Service Department on the LAFCO Special Study of Governance Options (Study) for the WCCHD November 15, 2016 Contra Costa County Board of Supervisors 754 The LAFCO study reiterated that: November 15, 2016 Contra Costa County Board of Supervisors 755 BACKGROUND: (CONT'D) “Residents of West Contra Costa are faced with numerous challenges in achieving levels of heath care that are more common in other parts of the County. The closure of Doctor’s Medical Center (DMC) eliminated an important community resource.” On September 14, 2016 the Contra Costa Local Agency Formation Commission (LAFCO) received the Public Review Draft of the “Special Study of Governance Options for the West Contra Costa Healthcare District (WCCHD).” The Commission expressed the desire to preserve existing healthcare funding to meet the needs of West County residents. Several options were put forth in the report (see attached WCCHD Study Report), along with public comment provided by representatives from West County Health Care District, cities of Richmond and San Pablo, County Health Services, along with the West County Supervisory District I (Supervisor Gioia) who expressed strong support for continuing funding to address the health disparities in West County. Such funding could not be preserved with dissolution of the WCCHD. On September 27, 2016 LAFCO submitted a letter to County Health Services Director requesting to know which of the options presented in the study County Health Services might be interested in pursuing, along with any preliminary ideas the County may have for providing enhanced health services should the County wish to supersede the WCCHD. Contra Costa Health Services agrees with sentiments expressed by the Cities of San Pablo and Richmond and Supervisor Gioia that the County Service Area Governance Option: LAFCO Process: Reorganization with Creation of New County Service Area (CSA), would preserve funding of health care services for the residents of West County that they would be interested in. This critical funding should promote and optimize access to all levels including primary care, urgent and emergent care. Please see attached WCCHD Study Report, for more information on this option, as well as the other governance options proposed by the study. CONSEQUENCE OF NEGATIVE ACTION: The community of West Contra Costa County known for significant disparities in emergency department beds as compared to Central and West County, would no longer benefit from enhanced healthcare funding to maintain and expand vital healthcare services. Access to health care services including primary care, urgent and emergency care would not be optimized. CLERK'S ADDENDUM ACCEPTED the report; EXPRESSED support for preserving the use of revenues for the health care needs in West County; RESERVED final recommendations on the vehicle best suited to achieve that goal until bankruptcy proceedings are completed; and REQUESTED LAFCo to withhold making final determinations at it's December 2016 meeting. ATTACHMENTS WCCHD Study Report November 15, 2016 Contra Costa County Board of Supervisors 756 r ichard@b erksona ssociates.com | 510.612.6906 | www.berksonassociates.com PUBLIC REVIEW DRAFT REPORT SPECIAL STUDY OF GOVERNANCE OPTIONS WEST CONTRA COSTA HEALTHCARE DISTRICT Prepared for the Contra Costa Local Agency Formation Commission Prepared by Berkson Associates August 26, 2016 November 15, 2016 Contra Costa County Board of Supervisors 757 Public Review Draft Report August 26, 2016 r ichard@b erksona ssociates.com | 510.612.6906 | www.berksonassociates.com TABLE OF CONTENTS CHAPTER 1. INTRODUCTION ........................................................................................................... 1 Purpose of the Study CHAPTER 2. SUMMARY OF FINDINGS ............................................................................................. 3 CHAPTER 3. HEALTHCARE DISTRICTS IN CALIFORNIA AND CONTRA COSTA COUNTY .................... 5 Healthcare Districts in California Healthcare Districts in Contra Costa County CHAPTER 4. HEALTHCARE IN WEST CONTRA COSTA ....................................................................... 8 Community Overview Healthcare Needs Services, Facilities and Providers CHAPTER 5. WEST CONTRA COSTA HEALTHCARE DISTRICT .......................................................... 14 Assessed Value and Population WCCHD Financial Resources WCCHD Expenditures WCCHD Liabilities WCCHD Assets CHAPTER 6. GOVERNANCE OPTIONS ............................................................................................ 23 Maintain the Status Quo .......................................................................................................... 25 Consolidation with Los Medanos Community Healthcare District (LMCHD) ........................... 26 Reorganize WCCHD as Subsidiary District ................................................................................ 27 Consolidation with County Service Area EM-1 ......................................................................... 29 Reorganization with Creation of New District (CSA) for Continuing Service ............................ 31 Dissolution with Appointment of Successor for Winding-up Affairs ........................................ 33 APPENDICES A. Healthcare Facilities within WCCHD Boundaries B. Timeline of Key Events C. Annotated References November 15, 2016 Contra Costa County Board of Supervisors 758 Public Review Draft Report August 26, 2016 r ichard@b erksona ssociates.com | 510.612.6906 | www.berksonassociates.com FIGURES AND TABLES Figure 1: WCCHD Boundaries .................................................................................................... 2 Figure 2: Hospital within the Region ....................................................................................... 10 Table 1: Key Factors Influencing Health Status ......................................................................... 8 Table 2: Emergency Medical Treatment Stations by Contra Costa Region ............................. 12 Table 3: WCCHD Board Members .......................................................................................... 14 Table 4: Summary of Assessed Value, Population and Area within the WCCHD Boundaries .. 15 Table 5: Long-term WCCHD Budget Forecast .......................................................................... 17 November 15, 2016 Contra Costa County Board of Supervisors 759 Public Review Draft Report August 26, 2016 www.berksonassociates.com 1 1. INTRODUCTION The West Contra Costa Healthcare District (the "District", or WCCHD) struggled financially beginning in the mid-1990’s,1 experiencing increasing costs, declining reimbursements, and growing service demand from low-income populations, the uninsured and underinsured. Although the District emerged from a 2006 bankruptcy, it never managed to regain financial solvency and fell further into debt. Eventually, in 2015, the District shut its hospital, a full-service acute care facility. The closure resulted in a significant loss of hospital beds and emergency department facilities, as well as the elimination of other specialized services, in an underserved community with significant healthcare needs. The District’s Board continues to function with limited staff as it sells its building, equipment, and other property, and arranges for ongoing resolution of its outstanding debts and obligations. With limited available resources, significant debts and other ongoing costs, the District has no funds available for health-related programs; it faces potential future financial shortfalls and increases in debt, or even bankruptcy, particularly if its properties don’t sell as anticipated. This adverse financial situation is likely to continue until the District’s debt to the County and other outstanding financial obligations are repaid over the next 10-12 years. After the District extinguishes its debts, more than $9 million annually could be available, after administrative expenses, for healthcare-related services and facilities for residents of west Contra Costa County. PURPOSE OF THE STUDY Because the District no longer operates a hospital, the primary purpose for which it was formed, and it does not provide any other health-related services, it is a candidate for dissolution, consolidation or reorganization. Dissolving the District would re-distribute its share of the ad valorem property taxes to other taxing entities. At this point, it is unclear whether any successor to the District would continue to collect the Measure D (2004) special tax proceeds after all existing debt is satisfied. State law authorizes LAFCO to undertake special studies to evaluate district dissolution, and options to dissolution. This special study of the WCCHD evaluates a range of alternatives, some of which might allow the continued use of the ad valorem property tax proceeds for healthcare purposes in west Contra Costa County. LAFCO will consider the findings of this Special Study, 1 Impact Evaluation Report: Doctors Medical Center San Pablo Potential Closure of Emergency Services, Prepared by the Contra Costa Emergency Medical Services Agency, June 13, 2014 November 15, 2016 Contra Costa County Board of Supervisors 760 Public Review Draft Report August 26, 2016 www.berksonassociates.com 2 take public input at a public hearing, and may initiate actions to facilitate one of the options. Other affected local agencies may also consider the findings of this report to initiate actions. Figure 1: WCCHD Boundaries Contra Costa LAFCO Directory of Local Agencies August 2015 Page 06-6 November 15, 2016 Contra Costa County Board of Supervisors 761 Public Review Draft Report August 26, 2016 www.berksonassociates.com 3 2. SUMMARY OF FINDINGS This report documents current and potential future conditions of the WCCHD, and describes governance options, including dissolution, along with options that can help to address current healthcare needs. The various governance options and related findings are further explained in subsequent sections of the report. 1. SIGNIFICANT HEALTHCARE NEEDS EXIST IN WEST CONTRA COSTA COUNTY Residents of West Contra Costa are faced with numerous challenges in achieving levels of health care that are more common in other parts of the County. The closure of Doctor’s Medical Center (DMC) eliminated an important community resource and reduced the number of emergency room beds in West County (already underserved compared to other parts of the County) from 40 to 15. The existing urgent care and primary care services are not utilized to their capacity, and relatively low income levels reduce healthcare options and increase certain health risks. 2. JUSTIFICATION EXISTS TO DISSOLVE THE WCCHD DUE TO THE LOSS OF THE HOSPITAL, LACK OF SERVICE, AND OVERWHELMING DEBT The WCCHD no longer owns and operates a hospital, which was its primary function. Over the next 10 years, no significant amount of revenue will be available for healthcare services, and the District is at risk of financial shortfalls and potential future bankruptcy. However, dissolution with no service continuity would eliminate millions of dollars in funding for healthcare in the community. 3. ORGANIZATIONAL OPTIONS EXIST THAT ARE LESS COSTLY THAN STATUS QUO The elimination of governing board elections would save the District $450,000 every two years, or several million dollars over 10 years in election costs. The options described in this report are intended to create economies of scale by combining administrative functions with other existing agencies. Some options could preserve the District’s share of the ad valorem property tax revenues for healthcare purposes. The two most promising options in this regard are special legislation that would allow the Board of Supervisors (BOS) to appoint the District’s governing body, and the creation of a new CSA to provide additional healthcare services in the same geographic area as the District. Whether either option would allow the successor to continue to collect the November 15, 2016 Contra Costa County Board of Supervisors 762 Public Review Draft Report August 26, 2016 www.berksonassociates.com 4 Measure D (2004) special tax proceeds indefinitely into the future would likely depend on the nature of the future service and would require further legal analysis at that time. 4. SPECIAL LEGISLATION The District or the County could seek special legislation that would allow the BOS to appoint the District’s governing body. The BOS could decide to appoint themselves or members of the community. The appointed board could be either permanent or temporary (e.g., during ten year debt repayment period). This option would keep the District intact while eliminating election costs, and enable County oversight during the next ten-year period of relative inactivity by the District. This District could remain County-dependent, or return to independence in the future. This option would require the County’s cooperation but would not require voter approval. 5. THE COUNTY COULD CONSIDER CREATING A NEW COUNTY SERVICE AREA TO PROVIDE ADDITIONAL HEALTHCARE SERVICES IN THE SAME GEOGRAPHIC AREA AS THE WCCHD County service areas (CSAs) are formed to fund “miscellaneous extended services” that a county is authorized by law to perform and does not perform to the same extent countywide (Gov. Code, § 25213). The County could consider creating a new CSA, with the approval of the cities within the WCCHD service area and, essentially, annex the District into the new CSA. It is worth considering whether this option could be used to pay off existing debt while preserving future revenues for healthcare. This option would likely eliminate or significantly reduce administrative costs and the cost of elections. The Contra Costa County Health Services Department, which would manage the reorganized district, provides a broad range of programs, including programs and facilities within WCCCD boundaries; and existing staff have the experience and expertise to augment needed service in West Contra Costa when revenues are available. This option requires concurrence by the Board of Supervisors, and will require approval by voters within the WCCHD (Gov. Code §25211.4(f)). . November 15, 2016 Contra Costa County Board of Supervisors 763 Public Review Draft Report August 26, 2016 www.berksonassociates.com 5 3. HEALTHCARE DISTRICTS IN CALIFORNIA AND CONTRA COSTA COUNTY Since Contra Costa LAFCO prepared its Municipal Service Review (MSR) of healthcare services in 2008, financial conditions have become even more challenging for health providers, including healthcare districts. From 1996 to 2014, 12 healthcare districts have filed for chapter 9 bankruptcy, including WCCHD.2 As described in the 2008 MSR, the healthcare industry “in general is going through changes, many of which are financially driven…Hospitals and their medical staffs are experiencing declining public financing through Medi-Cal and Medicare. Costs for construction and personnel are rising, and the overall emphasis by consumers and their medical providers for expensive technologies are driving costs up. In addition, human resources gaps at all health provider levels threaten the stability of providers in the provision of services, especially hospitals, when attempting to staff beds. Other unique legislative parameters also face California hospital providers. California remains the only state with required nurse staffing ratios, and hospitals are continuing to grapple with the State-mandated seismic retrofit requirements…”.3 These changes in healthcare have dramatically altered the type and availability of healthcare facilities and services, including facilities and services provided by healthcare districts. HEALTHCARE DISTRICTS IN CALIFORNIA California at the end of World War II faced a shortage of hospital beds and acute care facilities, especially in rural areas. In 1945, the Legislature enacted the Local Hospital District Law to establish local agencies to provide and operate community hospitals and other healthcare facilities in underserved areas, and to recruit and support physicians. In 1993, the State Legislature amended the enabling legislation renaming hospital districts to healthcare districts. The definition of healthcare facilities was expanded to reflect the increased use and scope of outpatient services. 2 California Healthcare Districts in Crisis, Marc Joffe, January 22, 2015. 3 Final Public Healthcare Services Municipal Services Review, Prepared for Contra Costa Local Agency Formation Commission, Dudek and The Abaris Group, Approved August 8, 2007. November 15, 2016 Contra Costa County Board of Supervisors 764 Public Review Draft Report August 26, 2016 www.berksonassociates.com 6 Healthcare districts are authorized to provide a broad range of services, in addition to the operation of a hospital.4 Under the Health and Safety Code, healthcare districts may provide the following services: 1. Health facilities, diagnostic and testing centers, and free clinics 2. Outpatient programs, services, and facilities 3. Retirement programs services and facilities 4. Chemical dependency services, and facilities 5. Other healthcare programs, services, and facilities 6. Health education programs 7. Wellness and prevention programs 8. Support other healthcare service providers, groups, and organizations 9. Ambulance or ambulance services 10. Participate in or manage health insurance programs As reported by the California Policy Center, 78 healthcare districts in California provide a variety of services authorized by State statutes.5 Of the 78 districts, 30 do not operate hospitals, and instead have diversified into other medical services. Healthcare districts are commonly funded through a share of property taxes and by grants from public and private sources. Healthcare districts are special districts with the typical powers of a district such as the authority to enter into contracts, purchase property, issue debt and hire staff. HEALTHCARE DISTRICTS IN CONTRA COSTA COUNTY In addition to the WCCHD, two other healthcare districts exist in the County. Each district is distinctly different from the WCCHD, but both provide examples of healthcare districts that no longer own and operate hospitals. The Los Medanos Community Healthcare District (LMCHD) represents one option for consolidation with the WCCHD, as described in Chapter 6. 4 Local Health Care District Law (California Health and Safety Code Section 32000 et seq.) 5 California Health Care Districts in Crisis, Marc Joffe, January 22, 2015. November 15, 2016 Contra Costa County Board of Supervisors 765 Public Review Draft Report August 26, 2016 www.berksonassociates.com 7 CONCORD/PLEASANT HILL HEALTH CARE DISTRICT The Mt. Diablo Healthcare District (MDHCD) was reorganized in 2012 to become a subsidiary district to the City of Concord, and subsequently renamed the Concord/Pleasant Hill Health Care District.6 The MDHCD transferred its hospital to John Muir Health in 1996, but continued to use its property tax, which averaged about $200,000 per year, for grants to local organizations and for a variety of educational and other health-related programs. The MDHCD also occupied seats on the John Muir Community Health Foundation board that distributes $1 million a year for health services grants. Over the years, the MDHCD had been the object of several Grand Jury reports calling for it to be disbanded, and eventually MDHCD was reorganized as the smaller subsidiary district by LAFCO. Staff, board, election and other administrative costs were eliminated, but many of the healthcare functions continued, including ongoing membership on the Health Foundation board, and distribution of grants. LOS MEDANOS COMMUNITY HEALTHCARE DISTRICT The Los Medanos Community Healthcare District (LMCHD) serves the Pittsburg and Bay Point areas in eastern Contra Costa County, an area with a population of approximately 82,000.7 LMCHD operated the Los Medanos Community Hospital up until 1994, when the hospital closed due to financial difficulties and the District was forced to declare bankruptcy. The District has recovered from that condition and retired the remaining bankruptcy debt in 2007, five years ahead of schedule. The LMCHD is actively involved in organizing and sponsoring programs and events which provide wellness and prevention services as well as raise the community’s awareness about important health issues. The LMCHD partners with Contra Costa Health Services (CCHS) by leasing its former hospital facilities to CCHS for use as the Pittsburg Health Center, which includes a CCHS clinic and other public health services.8 The dissolution of the LMCHD was considered in 1999, but never completed. 6 Resolution No. 13-007, September 2013. 7 Contra Costa LAFCO Directory of Local Agencies, August 2015. 8 Public Healthcare Services Municipal Service Review, prepared by Dudek and The Abaris Group for Contra Costa LAFCO, approved August 8, 2007 November 15, 2016 Contra Costa County Board of Supervisors 766 Public Review Draft Report August 26, 2016 www.berksonassociates.com 8 4. HEALTH CARE IN WEST CONTRA COSTA Residents of West Contra Costa are faced with numerous challenges in achieving levels of healthcare that are more common in other parts of the County. The closure of DMC eliminated an important community resource, existing urgent care and primary care services are not utilized to their capacity, relatively lower income levels reduce healthcare options and increase certain health risks. The continued use of WCCHD property taxes and parcel taxes, after its obligations are repaid, represent an opportunity to maintain and enhance levels of care to the community. COMMUNITY OVERVIEW A large portion of West County households, home to 246,000 residents, fall below the Federal Poverty line. Table 1 summarizes key demographic characteristics of the service area population. Table 1: Key Factors Influencing Health Status The area is geographically isolated from the rest of the County, and major traffic corridors can become heavily congested, making access to healthcare facilities and alternatives to the closed DMC more difficult. Area Percent in Poverty Percent without Health Insurance Percent without High School Diploma California 13.71%17.92%19.32% Contra Costa County 8.99%11.86%11.58% West Contra Costa (1)12.82%16.15%17.76% (1) West Contra Costa area data from Kaiser service area, which approximately corresponds to the boundaries of WCCHD. Source: 2013 Community Health Needs Assessment, Kaiser Foundation Hospital - Richmond November 15, 2016 Contra Costa County Board of Supervisors 767 Public Review Draft Report August 26, 2016 www.berksonassociates.com 9 HEALTHCARE NEEDS As described by the Contra Costa EMS Agency, citing the Contra Costa 2013 Risk-Based Initiative Pilot Project,9 individuals below the Federal poverty line are more at risk than others for increased mortality and morbidity during disaster. West County residents are at increased risk based on those criteria and have fewer resources for community resiliency. The groups most likely to be affected are the elderly, children, diabetics and individuals with respiratory diseases and special needs. The Community Health Needs Assessment (CHNA) prepared by Kaiser for the Richmond area prioritized community health needs, as listed below.10 The assessment was based on a range of data sources, key informant interviews, and included community input from focus groups consisting of low-income and vulnerable populations in west Contra Costa County. 1. Violence prevention 2. Local, comprehensive and coordinated primary care, including peri-natal care 3. Economic security 4. Asthma prevention and management 5. Affordable community-based mental health services 6. Healthy eating 7. Safe outdoor spaces 8. Exercise and activity 9. Local specialty care for low-income populations 10. Affordable community-based substance abuse services The 2013 CHNA will be updated in 2016. While the demographic characteristics and health needs of the community probably have not changed significantly, the loss of DMC is likely to influence facility and service gaps. SERVICES, FACILITIES AND PROVIDERS A range of services, facilities and healthcare providers, briefly summarized below, serve and help to address needs of residents of West Contra Costa. Most of the options considered in this 9 Impact Evaluation Report: Doctors Medical Center San Pablo Potential Closure of Emergency Services, Prepared by the Contra Costa Emergency Medical Services Agency, June 13, 2014. 10 2013 Community Health Needs Assessment, Kaiser Foundation Hospital – Richmond November 15, 2016 Contra Costa County Board of Supervisors 768 Public Review Draft Report August 26, 2016 www.berksonassociates.com 10 report will have significant financial resources in the longer term after obligations are repaid (i.e., post-10 years) in excess of $9 million annually (after administrative expenses) to apply towards needed services, facilities and programs. HOSPITALS DMC was one of nine acute care hospitals providing emergency services serving Contra Costa County, as shown in Figure 2. The closure of DMC left one remaining hospital within WCCHD boundaries, Kaiser Richmond. The loss of DMC eliminated (per 2013 activity records) 124 general acute care beds, including 102 medical surgical, 22 ICU beds and 25 Emergency Department (ED) stations. In 2013, The DMC ED served 32,347 individuals with 18% meeting criteria for severe or critical conditions.11 Figure 2: Hospitals within the Region Sutter Health, owner of Alta Bates Hospital in Berkeley, which absorbed some of the patients following the closure of DMC, said it will close the inpatient hospital and its emergency department sometime in advance of 2030; the closure reportedly is due to Alta Bates inability to 11 ALIRTS Utilization Report, Report Year 2014. Æ: Æ: Æ: Æ: Æ: Æ: Æ: Æ:Æ: ANTIOCH OAKLEY PITTSBURG BRENTWOOD Knightsen Byron BethelIsland BayPoint DiscoveryBay Alamo SANRAMON DANVILLE Crockett ElSobrante Rodeo SANPABLO ELCERRITO PLEASANTHILL HERCULES PINOLE MORAGA MARTINEZ ORINDA RICHMOND LAFAYETTE CLAYTON WALNUTCREEK CONCORD BERKELEY OAKLAND VALLEJO SANFRANCISCO PLEASANTON CastroValley SANLEANDRO PLEASANTON LIVERMORE Kensington San Pablo Bay San Francisco Bay Suisun Bay Big Break Clifton Court Forebay Los Vaqueros Reservoir San Pablo Reservoir Briones Reservoir S a n J o a q u in R iverCarq u i n ez Str a i t Old Ri verSacr a m e nt o Ri v e r Franks Tract Alameda County Solano County San Francisco County Marin County San Joaquin County Sacramento County Alameda County John Muir Medical Center Concord Campus Sutter Delta Medical Center San Ramon Regional Medical Center Kaiser Foundation Hospital Antioch Contra Costa County Regional Medical Center John Muir Medical Center Walnut Creek Campus Kaiser Foundation Hospital Walnut Creek Doctors Medical Center CLOSED Kaiser Foundation Hospital Richmond tu101 tu101 }þ4 }þ24 }þ160 }þ13 }þ242 }þ12 §¨¦80 567J4 §¨¦580 §¨¦880 §¨¦280 §¨¦205 §¨¦980 §¨¦580 §¨¦580 §¨¦780 §¨¦680 §¨¦80 §¨¦80 §¨¦680 §¨¦680 }þ4 }þ4 }þ4 }þ24 §¨¦680 Contra Costa County Hospitals with Emergency Medical Treatment Stations 0 10 205 MilesMap created 07/25/2016 by Contra Costa County Department of Conservation and Development, GIS Group 30 Muir Road, Martinez, CA 94553 37:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservation and Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assumes no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® West Contra Costa Health Care District City Boundaries Contra Costa County November 15, 2016 Contra Costa County Board of Supervisors 769 Public Review Draft Report August 26, 2016 www.berksonassociates.com 11 comply with state seismic standards triggered in 2030. This closure will compound the difficulty in providing emergency medical services to West County residents. SPECIALTY MEDICAL SERVICES Prior to its closure, DMC served as the only designated ST Elevation Myocardial Infaction (STEMI) high-risk heart attack center. In 2013, DMC received 78 high-risk heart attack patients via EMS with another 500 patients who were either self-transported or transferred from other area emergency departments for urgent and/or elective cardiac intervention.12 Up until 2006, DMC operated a burn center to treat patients suffering from severe burns, which was an important resource in the County. The burn center closed just prior to the 2006 bankruptcy in February 2006. DMC was a Primary Stroke Receiving Center for West County residents, serving 50% of West County stroke patients; in 2013, DMC received 127 suspected stroke patients from the field via EMS, 87 of whom met EMS stroke alert criteria (critical stroke suspected).13 Residents of the service area now have to travel to the Oakland Children’s Hospital and Research Institute for pediatric specialty and inpatient needs, and to the Contra Costa Medical Center in Martinez for public inpatient and outpatient services.14 TRAUMA SERVICES DMC was not a Contra Costa designated trauma receiving center; however, the emergency department frequently dealt with trauma associated with the high incidence of violence in the community. In 2013, DMC transferred 17 trauma patients to a designated trauma center. It was not unusual for the facility to be the “drop point” for patients who arrived by private vehicle, requiring stabilization and transfer to a higher level of care if needed. The closure of DMC was anticipated to have a significant adverse impact on the community, with a likely increase in mortality.15 12 Impact Evaluation Report, 2014. 13 Impact Evaluation Report, 2014. 14 2013 Community Health Needs Assessment, Kaiser Foundation Hospital – Richmond 15 Impact Evaluation Report, 2014. November 15, 2016 Contra Costa County Board of Supervisors 770 Public Review Draft Report August 26, 2016 www.berksonassociates.com 12 EMERGENCY SERVICES Prior to closure of DMC, West County hospitals experienced more emergency patient visits per emergency treatment station than the County as a whole. The loss of DMC was anticipated to result in prolonged ER wait times at Kaiser and other hospitals in the region.16 With the closure of DMC, which reduced the number of emergency room beds in West County (already underserved compared to other parts of the County) from 40 down to 15, West County has the fewest emergency medical treatment stations compared to other regions within the County. Table 2 shows emergency facilities by hospital within Contra Costa County. The number of ER stations in West County has increased to 27, but still provides less than half the County average relative to its population. This reduction in ER stations increases the number and length of transport of ambulance patients, increasing by 20% the transports that must now be diverted out of County. Table 2: Emergency Medical Treatment Stations by Contra Costa Region 16 Impact Evaluation Report, 2014. General Acute Care Facility City West Central East CONTRA COSTA REGIONAL MEDICAL CENTER Martinez 20 SUTTER DELTA MEDICAL CENTER Antioch 32 JOHN MUIR MEDICAL CENTER-WALNUT CREEK CAMPUS Walnut Creek 44 KAISER FOUNDATION HOSPITAL - WALNUT CREEK Walnut Creek 52 JOHN MUIR MEDICAL CENTER-CONCORD CAMPUS Concord 32 SAN RAMON REGIONAL MEDICAL CENTER SOUTH BUILDING San Ramon - SAN RAMON REGIONAL MEDICAL CENTER San Ramon 12 KAISER FOUNDATION HOSPITAL - RICHMOND CAMPUS (1)Richmond 27 KAISER FOUNDATION HOSPITAL - ANTIOCH Antioch 37 TOTAL STATIONS 256 27 160 69 Population 1,072,000 254,800 513,300 303,900 Stations/10,000 Population 2.4 1.1 3.1 2.3 Source: ALIRTS Utilization Report, Report Year 2015; population from American Community Survey, 2014 (1) Kaiser Richmond had 15 emergency stations in 2015 when DMC closed. County Area November 15, 2016 Contra Costa County Board of Supervisors 771 Public Review Draft Report August 26, 2016 www.berksonassociates.com 13 DMC also served as a resource for dialysis patients who received their care at San Pablo Dialysis or El Cerrito Dialysis. During 2013, some 88 dialysis patients were transported to DMC for emergency services. OTHER HEALTHCARE FACILITIES A number of other healthcare facilities are available to residents within WCCHD boundaries, as listed in Appendix A, including new and expanded urgent care facilities near the former DMC site, which opened to help fill the gap left by the DMC closure. Kaiser Richmond also expanded its emergency department facilities following the closure. Other non-profit organizations providing health services to the community are described in Kaiser’s 2013 CHNA for West Contra Costa County. November 15, 2016 Contra Costa County Board of Supervisors 772 Public Review Draft Report August 26, 2016 www.berksonassociates.com 14 5. WEST CONTRA COSTA HEALTHCARE DISTRICT West Contra Costa Healthcare District (the "District") is a public agency organized under Local Hospital District Law as set forth in the Health and Safety Code of the State of California [citation]. The District was formed in 1948 for the purpose of building and operating a hospital to benefit the residents of West Contra Costa County. A Board of Directors elected from within the District boundaries governs for specified terms as shown in Table 2. The District operated a full-service acute care facility until its closure in 2015, providing services to both inpatients and outpatients. The District provided healthcare services primarily to individuals who reside in the local geographic area. Table 3: WCCHD Board Members The District’s Board continues to function with limited staff as it sells its building, equipment, and other property, and arranges for ongoing resolution of its outstanding debts and obligations. ASSESSED VALUE AND POPULATION The WCCHD is comprised of five cities, in their entirety, and portions of unincorporated Contra Costa County. Property taxes and parcel taxes are collected from within these boundaries. Table 3 describes key characteristics of the District. Position Name Term Expires Chairperson Eric Zell Dec. 2016 Vice Chair Deborah Campbell, RN Dec. 2016 Treasurer Irma Anderson, RN Dec. 2018 Secretary Nancy Casazza, RN Dec. 2018 Assistant Secretary Beverly Wallace Dec. 2018 November 15, 2016 Contra Costa County Board of Supervisors 773 Public Review Draft Report August 26, 2016 www.berksonassociates.com 15 Table 4: Summary of Assessed Value, Population and Area within the WCCHD Boundaries WCCHD FINANCIAL RESOURCES Although WCCHD’s annual revenues currently exceed $8 million annually and it no longer operates a hospital, those revenues are largely dedicated to repayment of WCCHD debt obligations and basic administrative costs, leaving virtually no funds available for discretionary purposes. The District is relying on the sale of its hospital building to help fund operations in the near-term and over the next 10 years; delays in the sale will compound the risk of financial shortfalls. Table 5 shows the District’s 10-year annual forecast of revenues and expenditures, extended through the year 2030. The forecast assumes the “Status Quo” with continued Board elections, repayment of existing obligations, and minimal staffing and contract services for ongoing financial reporting and related services. The forecast projects annual shortfalls ranging from about $700,000 to $1.5 million every year through 2025, funded by the $13.6 million of property sale proceeds anticipated by the fourth quarter of 2016. The sales proceeds may be fully spent by 2024, resulting in potential deficits of up to $1.1 million cumulatively by 2025. Area $Billions's % of Total Amount % of Total Sq. Miles (3) % of Total Richmond $11.85 43.4% 110,378 44.8% 30.0 44.0% El Cerrito $3.55 13.0% 24,378 9.9%3.9 5.7% Hercules $3.01 11.0% 24,791 10.1%8.1 11.9% Pinole $2.05 7.5% 18,739 7.6% 11.6 17.0% San Pablo $1.48 5.4% 30,829 12.5%2.5 3.7% Total, Cities $21.94 80.4% 209,115 84.9% 56.1 82.4% Unincorporated $5.34 19.6% 37,284 15.1% TOTAL, WCCHCD $27.28 100.0% 246,399 100.0% 68.1 100.0% (1) Contra Costa County Assessor's Office (2) Source: E-1: City/County Population Estimates with Annual Percent Change, estimated population 1/1/16 (3) Contra Costa LAFCO, Directory of Agencies, August 2015. Note: Richmond excludes 22.6 acres underwater.7/23/16 Secured A.V. (1)Population (2)(3)Area November 15, 2016 Contra Costa County Board of Supervisors 774 Public Review Draft Report August 26, 2016 www.berksonassociates.com 16 After WCCHD debts are repaid, some of the revenues previously dedicated to debt repayment should be available to fund programs. The County cash advance should be repaid by 2026, resulting in an additional $2.3 million to WCCHD that could be utilized for health-related programs. After the District’s Certificates of Participation (COPs) are repaid in full by 2029, the $5.6 million in parcel tax revenues will no longer be needed for that purpose. Assuming property taxes increase by at least 2.5% annually, and assuming that the Measure D parcel tax revenues are available for other purposes after the COPs are repaid, it is conceivable that available revenues, after expenses, could grow to more than $9 million per year in 14 years, or by the year 2030. November 15, 2016 Contra Costa County Board of Supervisors 775 Public Review Draft Report August 26, 2016 www.berksonassociates.com 17 Table 5: Long-term WCCHD Budget Forecast Table 4 Projected WCCHD Revenues, Expenses and Cash Balance 2017-2026 (inflated $'s) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Beginning Balance 9,362,448 7,969,717 6,411,607 5,319,729 3,798,923 2,751,677 1,559,538 834,046 (342,687) (1,077,023) 954,271 4,693,318 8,077,391 16,267,675 Revenues Property Tax (1)1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 4,224,279 4,329,886 4,438,133 4,549,086 4,662,814 Special Tax (2)4,258,808 5,600,000 Total Revenues 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 4,224,279 4,329,886 4,438,133 8,807,894 10,262,814 Expenditures (3) Payroll/Administration 253,567 259,906 266,404 273,064 279,891 286,888 294,060 301,411 308,947 316,670 324,587 332,702 341,019 349,545 Bookkeeping Services 39,000 18,000 18,450 18,911 19,384 19,869 20,365 20,874 21,396 21,931 22,480 23,042 23,618 24,208 Cost Rpt Audits, Stlmt 30,000 30,750 31,519 32,307 33,114 - - - - - - - - - Annual Financial Audit 30,000 30,750 31,519 32,307 33,114 33,942 34,791 35,661 36,552 37,466 38,403 39,363 40,347 41,355 Pension Audit/Actuarial 60,000 61,500 63,038 64,613 66,229 67,884 69,582 71,321 73,104 74,932 76,805 78,725 80,693 82,711 IT Costs 12,000 12,300 12,608 12,923 13,246 13,577 13,916 14,264 14,621 14,986 15,361 15,745 16,139 16,542 Other 10,000 10,250 10,506 10,769 11,038 11,314 11,597 11,887 12,184 12,489 12,801 13,121 13,449 13,785 Total Personnel/Consult.434,567 423,456 434,043 444,894 456,016 433,474 444,311 455,419 466,804 478,474 490,436 502,697 515,265 528,146 Office Expenses Total Facilities Costs 30,000 30,750 31,519 32,307 33,114 33,942 34,791 35,661 36,552 37,466 38,403 39,363 40,347 41,355 Worker Comp 500,000 250,000 250,000 250,000 250,000 - Legal 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Lincoln 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 27,000 Records Storage 216,164 191,904 164,316 131,606 96,116 62,722 34,391 23,653 18,980 15,045 - Fees and other 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Election Costs 450,000 450,000 450,000 450,000 450,000 450,000 450,000 Medical Pension Plan 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 Pension Plan Payments 900,000 900,000 900,000 900,000 900,000 900,000 900,000 900,000 900,000 900,000 Total Other Costs 1,928,164 2,103,904 1,626,316 2,043,606 1,558,116 1,724,722 1,246,391 1,685,653 1,230,980 1,677,045 62,000 512,000 62,000 512,000 Total Expenditures 2,392,731 2,558,110 2,091,877 2,520,806 2,047,246 2,192,138 1,725,493 2,176,732 1,734,336 2,192,985 590,839 1,054,060 617,611 1,081,501 Net (1,392,731) (1,558,110) (1,091,877) (1,520,806) (1,047,246) (1,192,138) (725,493) (1,176,732) (734,336) 2,031,294 3,739,047 3,384,073 8,190,283 9,181,312 Ending Balance 7,969,717 6,411,607 5,319,729 3,798,923 2,751,677 1,559,538 834,046 (342,687) (1,077,023) 954,271 4,693,318 8,077,391 16,267,675 25,448,987 (1) Property taxes assumed to grow 2.5% annually. Prior to repayment of County loan, WCCHD receives $1 million (fixed). (2) Special taxes currently are handled by WCCHD's fiscal agent and transferred directly to pay outstanding Certificates of Participation, until repaid. (3) Except where noted, expenditures assumed to grow 2.5% annually. November 15, 2016 Contra Costa County Board of Supervisors 776 Public Review Draft Report August 26, 2016 www.berksonassociates.com 18 PROPERTY TAXES WCCHD’s $27.3 billion assessed value generated approximately a $3.3 million share of ad valorem property tax revenues in FY15-16.17 According to WCCHD’s agreement with the County, WCCHD receives a fixed $1 million annually from the taxes; the remainder accrues to the County until WCCHD’s $22.1 million debt to the County is repaid.18 At current property tax collection rates, the debt would be repaid in approximately 10 years, or 2026; growth in property taxes could reduce this time frame, depending on the rate and timing of property tax increases. By 2026 after the County debt is repaid, District share of the ad valorem property taxes could total $4.2 million annually.19 PARCEL TAXES The District collects parcel taxes. Measure D, which passed by 84% voter approval in 2004 for a $52 annual single-family tax, currently repays WCCHD debt obligations. The debt includes COPs issued in 2004 and 2011 that were used for hospital improvements and to fund operating costs. The COPs are further described below under “WCCHD Liabilities.” The voters approved the Measure D tax pursuant to the following ballot measure: “To prevent the life threatening shut-down of the West Contra Costa Healthcare District’s only full service emergency room, which serves all West County residents, and prevent the closure of this community’s local hospital so that victims of heart attacks, strokes, car accidents, burns, toxic chemical releases and other medical emergencies receive rapid response medical care, shall an annual special property tax be authorized with all revenue staying in our community for local emergency and healthcare services and facilities?” By law, the revenues from any special tax may be used only for the purpose or service for which it was imposed. Gov. Code, § 53724. District voters had passed a second parcel tax in November 2011 that is no longer being collected. Measure J ($47/year parcel tax) passed in November 2011 with 74% support and raised approximately $5.1 million annually. It contained a “sunset clause” providing that the tax would no longer be collected if the hospital and emergency room closed. After closure in April 2015, the tax was no longer collected as of the 2015-16 fiscal year. 17 Board Order from John Gioia, District I Supervisor, to Board of Supervisors, April 12, 2016. 18 Board Order from John Gioia, District I Supervisor, to Board of Supervisors, April 12, 2016; amount shown includes final payment of $645,000 in consideration of County’s foregoing $1 million/year per Resolution No. 2016/318. 19 Estimated property taxes in 2026 assume 2.5% annual growth of current $3.3 million. November 15, 2016 Contra Costa County Board of Supervisors 777 Public Review Draft Report August 26, 2016 www.berksonassociates.com 19 CASH AND OTHER LIQUID ASSETS The District projected that on June 10, 2016, it would have a cash balance of approximately $1.1 million. These funds include the District’s $1 million share of property taxes received from the County in May, and $470,000 in AB 915 revenue20 in May, less expenses due in May. The District projects it will draw down this balance, and incur potential negative balances, until property sale receipts of about $13.3 million for the hospital are received in December 2016.21 The District hopes to avoid the interim shortfalls by re-negotiating vendor contracts and implementing other cost reduction measures, and may tap its limited financial reserves. FIXED ASSETS Since the closure of its hospital, the District has been disposing of its real estate and other property, including hospital equipment. The District contracted with a firm to handle disposition of its equipment, which has been completed. At the Board meeting of May 18, 2016, the District approved an agreement for the sale of the District’s 1.25-acre lot with a metal building on the corner of 34th and Moran Avenue in the City of Richmond for $301,000. The District is under contract to sell its hospital building. The sale is anticipated to close in December 2016 for a price of $13.3 million, following completion of a due diligence period. The District has moved its offices into separate rented space in Pinole, 2200 San Pablo Avenue, Suite 201. WCCHD EXPENDITURES Over the five-month period of May through September 2016, the District’s monthly cash expenditures were estimated to average about $525,000 per month.22 Over the next 10 years, these expenditures are anticipated to decline, averaging about $140,000 per month, or $1.7 million annually, as staff, facilities and other financial responsibilities are reduced. Expenditures include: 20 AB 915 established the Medi-Cal Inpatient Payment Adjustment Fund in 2002, funded by contributions from public, district and university hospitals, counties, which draw down matching federal funds, to provide supplemental compensation to private and public hospitals that serve a disproportionate share of the state's low-income population. 21 DMC Financial Update, Report to the Board at its meeting May 3, 2016. 22 DMC Financial Update, Report to the Board at its meeting May 3, 2016. November 15, 2016 Contra Costa County Board of Supervisors 778 Public Review Draft Report August 26, 2016 www.berksonassociates.com 20 ¥ Personnel/Consulting Services – The District anticipates ongoing administrative costs, including payroll, of $260,000 annually. Another $160,000 is budgeted largely for ongoing bookkeeping, annual financial reports and audits, and computer-related costs. ¥ Legal – The District requires ongoing annual legal services to handle board meetings and legal documents. ¥ Records Storage – As noted above under “Liabilities”, the District has an ongoing obligation to maintain its records and to handle requests for those records. Over time this annual contract cost with a service provider will decline. ¥ Fees and Other – The District pays varies fees for banking and other financial services related to collection and reporting of parcel taxes. ¥ Election Costs – The District is required to elect directors at general elections every two years, at a current cost of about $450,000 per election. ¥ CNA Medical Pension Plan – The District has budgeted annual payments of $250,000 over the next 10 years towards this liability, assuming that the total liability of $5.2 million is successfully negotiated downwards. ¥ Successor Pension Plan Payments – Approximately $900,000 is shown each year towards paying off the District’s unfunded liability in its pension plan. ¥ Workers Compensation – The District’s budget includes payment of pending workers compensation claims that will be the District’s responsibility. Debt payments towards the District’s COPs are not shown in the District’s budget; a fiscal agent handles parcel tax payments for COP obligations on behalf of the District. Parcel taxes are collected by the County Auditor and directed to the fiscal agent. WCCHD LIABILITIES Most of the WCCHD use of revenue is related to the repayment of its long-term liabilities. 2004 AND 2011 CERTIFICATES OF PARTICIPATION The WCCHD issued Certificates of Participation (COPs), which are essentially a form of debt, secured and repaid by parcel taxes paid by property owners with the district. The parcel taxes were approved by 84% of voters voting in favor of Measure D in 2004. A single-family property pays a fixed $52 per year; other rates apply to other types of property. As of June 30, 2016, WCCHD owed approximately $17.2 million for its 2004 COP, and $37.2 million for its 2011 COP, for a total of $54.4 million. Amortization worksheets prepared by the November 15, 2016 Contra Costa County Board of Supervisors 779 Public Review Draft Report August 26, 2016 www.berksonassociates.com 21 District estimate that the 2004 COP will be repaid by 9/1/22, and the remaining 2011 debt will be fully repaid by 1/1/29. These repayment schedules show all parcel tax revenues applied towards COP debt repayment.23 The District is in the process of refinancing its COPs to reduce its interest rate and interest costs; this would accelerate the repayment of the COPs. COUNTY TAX SHARING AGREEMENT The County and WCCHD entered into multiple agreements whereby the County advanced funds to WCCHD in exchange for District property tax as repayments. The most recent agreement acknowledged the amounts outstanding as of April 2016 totaling $21,477,804.24 That agreement provided for WCCHD to retain $1 million of its property tax each year, rather than transferring 100% of its property tax to the County pursuant to prior agreements. The annual $1 million is required by the WCCHD to avoid budget shortfalls. WCCHD agreed to a final transfer of $645,000 to the County in consideration of the County deferring repayment by virtue of the revised tax sharing agreement. The total outstanding debt increased to approximately $22.1 million, which is anticipated to be repaid by about 2026 (or sooner depending on the rate of assessed value growth in the District). WORKERS COMPENSATION The District is self-insured for workers' compensation claims, with a self-insured retention of $500,000 per occurrence, and has excess insurance coverage for the portion of each occurrence in excess of $1,000,000.25 As of July 2016, the District anticipates costs of approximately $3 million in workers comp claims pending from claims filed in recent years prior to, and following, closure of the hospital.26 A portion of those claims will be paid in 2016, and the District has budgeted $1.5 million in expenditures from 2017 forward to cover claims over the next five-year period. The actual timing and amounts will depend upon final disposition of claims by the State’s Division of Workers Compensation. RECORDS STORAGE AND MANAGEMENT The District is required to maintain medical records for up to 10 years (e.g., through 2026) to respond to records requests. The District has contracted with a private vendor to handle all of 23 File: “Cops amortization and restructured county advance.xlsx” provided by WCCHD, 5/23/16. 24 Resolution No. 2016/318, Board of Supervisors of Contra Costa County, California. 25 WCCHD Notes to Financial Statements, TCA Partners, LLP, December 31, 2013. 26 Correspondence from Vickie Sharr, Associate Administrator, WCCHD, 7/11/16. November 15, 2016 Contra Costa County Board of Supervisors 780 Public Review Draft Report August 26, 2016 www.berksonassociates.com 22 their records requirements, and budgeted approximately $1 million total through 2026. The annual cost is expected to decline as records are transferred. CALIFORNIA NURSES ASSOCIATION (CNA) MEDICAL PENSION PLAN District staff reports a $5.2 million obligation for retiree medical expenses.27 The District’s 10- year budget forecast allocates $250,000 annually to fully fund this obligation, which assumes that the District successfully negotiates the reduction. SUCCESSOR PENSION PLAN The District provides a non-contributory single employer defined benefit pension plan. The plan covers all eligible employees of the previous Brookside Hospital. Brookside Hospital was the previous name of DMC. The plan provides retirement and death benefits to plan members and beneficiaries based on each employee's years of service and annual compensation. No new employees have been enrolled in the plan since 1996. The Actuarial Accrued Unfunded Liability (AAUL) as of the 2013 report was $5,934,000 at the end of 2013.28 District staff indicates that the AAUL has grown to about $12.8 million.29 The District’s 10-year budget forecast allocates $900,000 annually to fully fund the AAUL. The District will prepare a financial audit by the end of 2016 that should document current liabilities. ELECTIONS COST The WCCHD spends approximately $450,000 every two years for election costs. Staff reports that the District did not compensate the County for this cost in 2014, and repayment remains an obligation of the District. 27 Interview with WCCHD staff, 2016-05-23. 28 Audited Financial Statements, WCCHD, December 31, 2013, TCA Partners, LLP (see page 26). 29 Correspondence with WCCHD staff, 2016-08-18, based on actuarial analysis August 2016. November 15, 2016 Contra Costa County Board of Supervisors 781 Public Review Draft Report August 26, 2016 www.berksonassociates.com 23 6. GOVERNANCE OPTIONS This report evaluates governance options for the WCCHD, including maintaining the status quo. Each option presents a different set of legal and policy choices. The following sections describe each option, and the required LAFCO process to implement the option. Advantages and disadvantages are summarized for each option including policy, service and financial implications. While clearly there are significant needs for new services and facilities, as well as programs to better take advantage of those that exist, the governance option selected ultimately will need to include a plan, program and strategy to focus on addressing community needs in a cost-effective manner. Each option, except dissolution without services continuity, generally offers similar opportunities to address needs in the longer-term, when fiscal resources become available; however, the various options’ organizational and political structures differ and will influence future programs. As noted below, the subsidiary district option will significantly reduce future revenues. Most of the governance options below can be initiated by an affected local agency (i.e., County, city, district) or by a petition of affected landowners or registered voters. Some of the governance options listed below can also be initiated by LAFCO. In addition to the governance options discussed below, there is an option to pursue special legislation to change the directly elected governing board of the WCCHD to an appointed board (either temporarily or permanently). This option is discussed in the Summary of Findings. SERVICES All of the options described below (except dissolution with no continuing service), could augment existing facilities and services currently provided within the District, contingent on available financing; and could include the following services as allowed by law for healthcare districts. Creation of a CSA, which allows the CSA to provide any service a County provides, also could provide some combination of the following: ¥ Urgent care services ¥ Health facilities, diagnostic and testing centers, and free clinics ¥ Outpatient programs, services, and facilities November 15, 2016 Contra Costa County Board of Supervisors 782 Public Review Draft Report August 26, 2016 www.berksonassociates.com 24 ¥ Retirement programs services and facilities (i.e., senior care, continuing care, and skilled nursing programs) ¥ Chemical dependency services, and facilities ¥ Other healthcare programs, services, and facilities ¥ Health education programs ¥ Wellness and prevention programs ¥ Support other healthcare service providers, groups, and organizations ¥ Ambulance or ambulance services ¥ Participate in or manage health insurance programs As described in Chapter 4, significant needs exist in West Contra Costa County for a range of healthcare services and facilities. Depending on the option pursued, implementation should include creation of a detailed plan for services and facilities. OTHER ISSUES Taking no action regarding the future of WCCHD does not appear to be an option preferred by either WCCHD or County representatives. However, if no action is taken, WCCHD will continue to incur election costs as well as significant administrative costs with no clear ability to provide services in the near future. The first three options – maintaining the status quo, consolidating WCCHD with Los Medanos Community Healthcare District (LMCHD), and establishing a subsidiary district, are the least viable options, as explained below. The next two options – consolidation with CSA EM-1 and reorganization/creation of a new CSA to continue services - require County participation. These options will likely depend on whether the County determines that the financial challenges in taking over the assets and obligations of the WCCHD are balanced by the opportunity to preserve some or all of the current revenues for the provision of healthcare in West County. The formation of a new CSA would require support from the five West County cities to be part of a CSA. Further, the County would need to apply to LAFCO to form the new CSA, and would be required to provide a plan for providing services which includes identification of revenue sources to fund services. It is likely that the property tax currently being allocated to WCCHD would be allocated to the new CSA; however, it is unclear whether the parcel tax would automatically be transferred to the new CSA, or whether voter approval would be required in order to continue the parcel tax. The CSA options would result in replacing the current directly elected WCCHD board with the County BOS. Two of the five members of the BOS are elected by residents in West Contra Costa County (one November 15, 2016 Contra Costa County Board of Supervisors 783 Public Review Draft Report August 26, 2016 www.berksonassociates.com 25 supervisorial district is wholly within West County and one is partially in West County). Any concern regarding local (i.e., West County) representation could be partially mitigated by creation of an advisory body. The last option involves dissolving the WCCHD and naming a successor agency to wind up the affairs of the District. Finally, current law provides that dissolution of healthcare district is subject to an election. There is pending legislation (AB 2910) that would modify this requirement, and allow for dissolution of a healthcare district without an election under certain conditions. As of August 15th, AB 2910 is awaiting the Governor’s action. MAINTAIN THE STATUS QUO The current district would remain intact in the Status Quo option, and the Board of Directors would continue to be elected and conduct district business. The District’s mission would shift from hospital ownership and oversight to other forms of provision of healthcare service, following payment of debts. ADVANTAGES AND DISADVANTAGES OF MAINTAINING THE STATUS QUO Advantages ¥ Property taxes and parcel taxes collected within the District will continue to be spent for healthcare services within the district once debts are paid off ¥ No reorganization proceedings or special elections required Disadvantages ¥ Limited resources are available until obligations are repaid, and there is a risk that revenues will be insufficient to meet those financial obligations during the next ten years ¥ The District may have no revenues available to provide services for a period of ten years, and the Board’s primary role will be one of management and oversight of repayment of existing debts and obligations. Consequently, there is some risk that the District may have difficulty retaining active directors. ¥ The District will continue to incur substantial election costs LAFCO PROCESS – STATUS QUO No LAFCO action necessary. LAFCO could request periodic updates and status reports to alert LAFCO as to any significant changes in WCCHD’s financial condition and/or services. November 15, 2016 Contra Costa County Board of Supervisors 784 Public Review Draft Report August 26, 2016 www.berksonassociates.com 26 CONSOLIDATION WITH LOS MEDANOS COMMUNITY HEALTHCARE DISTRICT According to a letter submitted by the LMCHD Board of Directors, the Board “does not want the LMCHD to consolidate with the West Contra Costa Healthcare District.”30 This option would consolidate the WCCHD with the LMCHD, which are “like” districts formed under the same statutes. The boundaries of the consolidated entity would correspond to the combined boundaries of the two existing districts (non-contiguous). The current share of WCCHD property taxes would be collected by the consolidated entity, subject to existing obligations to the County; these revenues would be available for use throughout the consolidated entity unless a zone is created to geographically restrict use of the revenues. An advisory board could be established to oversee and guide the use of funds collected and expended within the prior WCCHD boundaries. Existing LMCHD staff would be responsible for staff support, with direction from the Board of the consolidated entity. LAFCO could establish terms and conditions related to the initial and ultimate composition of the consolidated Board. ADVANTAGES AND DISADVANTAGES OF CONSOLIDATION WITH LMCHD Advantages ¥ Property taxes and parcel taxes collected within the district will continue to be spent for healthcare services ¥ No WCCHD dissolution election required ¥ Enhances revenue base of LMCHD to be used for community healthcare needs, subject to requirements that the existing WCCHD parcel taxes be used within the boundaries of the former WCCHD ¥ Reduces/eliminates existing WCCHD administrative costs, including elections for WCCHD board (although elections still required for board of the consolidated district) ¥ Continues mission and goals of the WCCHD (subject to decisions of consolidated board) Disadvantages ¥ Reduces WCCHD residents’ proportionate vote in any district-wide elections over tax measures, board members, or other issues, unless the vote is limited to a WCCHD zone of the consolidated district. ¥ Revenues for services within prior WCCHD boundaries could be reduced if property tax revenues are shifted to other areas and services, unless a zone is created within LMCHD 30 Letter from D. Pete Longmire, Interim Executive Director, LMCHD, to Lou Ann Texeira, July 29, 2016. November 15, 2016 Contra Costa County Board of Supervisors 785 Public Review Draft Report August 26, 2016 www.berksonassociates.com 27 corresponding to the prior WCCHD (this does not apply to parcel taxes, required by law to be spent within boundaries of the prior district) ¥ Consolidated district would incur all financial liabilities of current WCCHD and potential risks of shortfalls ¥ LMCHD represents a different community of interest, with different healthcare needs, and there is a possibility that consolidation would be met with community opposition LAFCO PROCESS A consolidation would follow the LAFCO process involving a public hearing, reconsideration period, protest hearing, and possible election. A consolidation typically would be initiated by resolution of the affected agencies or by voter/landowner petition, although LAFCO may also initiate the process. REORGANIZE WCCHD AS SUBSIDIARY DISTRICT A subsidiary district to the City of Richmond could be created to continue providing healthcare services. In accordance with State law (Gov. Code, §57105), the City would have to comprise at least 70% of land area and at least 70% of the registered voters within the subsidiary district. Under this scenario the WCCHD is not dissolved, and becomes a subsidiary district of the City with the Richmond City Council serving as the governing board of the subsidiary district. Under the current configuration of the WCCHD, the City of Richmond could not be named the successor agency for the purpose of continuation of WCCHD services because neither the City’s land area is (44%) nor number of registered voters (39%) meet the required 70%, as the current WCCHD boundaries overlap other cities and various unincorporated communities. In order for the City of Richmond to meet the 70% thresholds, the boundary of the WCCHD would need to be reduced to about 63%, resulting in a significant reduction in total revenues (property tax and parcel tax). The parcel taxes represent a lien on secured property, and it is not expected that this lien could be reduced by a reorganization and boundary change. ADVANTAGES AND DISADVANTAGES OF REORGANIZING AS A SUBSIDIARY DISTRICT Advantages ¥ Property taxes and parcel taxes collected within the district will continue to be spent for healthcare services, although tax revenues will be significantly reduced as the boundary of the former WCCHD is reduced per State law ¥ Absent the requisite protest, no election required November 15, 2016 Contra Costa County Board of Supervisors 786 Public Review Draft Report August 26, 2016 www.berksonassociates.com 28 ¥ Existing municipality would provide overhead and administration services, potentially improving operational and cost effectiveness ¥ Reduction in current expenditures, including district board elections ¥ Property taxes and, potentially, parcel taxes collected within the district will continue to be spent for healthcare services within the district, although these revenues will be significantly reduced due to reduced boundaries necessary to form a subsidiary district Disadvantages ¥ Current service area would be significantly reduced as the district boundary is scaled back to comply with State law (70% rules), effectively reducing current district boundary by over one-third ¥ Annual revenues would be reduced as boundary is scaled (note: continued collection of parcel taxes from the current WCCHD required until COPs are repaid; County repayment would also continue and/or require extended repayment period) ¥ Subsidiary district would incur all financial liabilities of current WCCHD and potential risks of shortfalls LAFCO PROCESS The process to reorganize the WCCHD (i.e., detachment and establishment of the district as a subsidiary district of a city) typically involves an application to LAFCO by the affected city, although LAFCO could initiate the process. The process would require a map and legal description, financial plan, and plan for service, a reconsideration period, a protest hearing, and possibly an election (with the requisite protest). November 15, 2016 Contra Costa County Board of Supervisors 787 Public Review Draft Report August 26, 2016 www.berksonassociates.com 29 CONSOLIDATION WITH COUNTY SERVICE AREA EM-1 Consolidation with County Service Area EM-1 (CSA EM-1) would combine two districts with healthcare-related services, but which are “unlike” districts formed under different State statutes. The resulting district would be a CSA encompassing the entire county, although a separate zone could be created to correspond to the prior WCCHD boundaries in order to segregate specific revenues and services. The current share of WCCHD property taxes would be collected by the consolidated entity, subject to existing obligations to the County; these revenues would be available for use throughout the consolidated entity unless a zone is created to geographically restrict use of the revenues. Existing County staff would be responsible for staff support, with direction from the Board of Supervisors. An advisory board could be established to oversee and guide the use of funds collected and expended within the prior WCCHD boundaries. COUNTY SERVICE AREA EM-1 In 1989, CSA EM-1 was established to provide funding for enhancement of countywide emergency medical services including expansion of paramedic services, upgrades to the EMS communications system, and additional medical training and equipment for fire first responders. EM-1 is authorized to provide emergency medical services (EMS) and “miscellaneous extended services”, which includes services the County is authorized by law to perform, and which the County does not also perform to the same extent on a county-wide basis. The EMS system includes communities, hospitals, clinics, senior nursing facilities, dispatch, pre- hospital first responders and transport providers who work in concert to support an integrated system of response in emergencies and disasters. According to the EMS Agency, EMS is evolving to play an increasingly important role supporting healthcare programs and community healthcare initiatives that reduce as well as treat illness and injuries. In addition to serving as the EMS Agency overseeing CSA EM-1, CCHS provides a broad range of community health services spanning the range of services also authorized for healthcare districts. Numerous advisory groups exist which provide input and direction on specific issues and services. CCHS operates health facilities, clinics, outpatient programs and services, senior services, other healthcare programs and services, wellness and prevention programs, provides health insurance programs, and disseminates health information. Initial discussions with County staff and officials indicate a lack of interest in this option. November 15, 2016 Contra Costa County Board of Supervisors 788 Public Review Draft Report August 26, 2016 www.berksonassociates.com 30 ADVANTAGES AND DISADVANTAGES OF CONSOLIDATION WITH CSA EM-1 Advantages ¥ Property taxes and, potentially, parcel taxes collected within the district could continue to be spent for healthcare services within the boundaries of the former WCCHD, assuming a zone is implemented for that purpose ¥ No WCCHD dissolution election required ¥ Reduces/eliminates existing WCCHD administrative costs, including elections for WCCHD board ¥ The County would have the ability to adapt the current WCCHD property tax repayment obligation as necessary to mitigate potential negative cash flows, and would be motivated to take actions to assure financial feasibility and repayment ¥ CCHS, which would manage the district, provides a broad range of programs, including programs and facilities within WCCHD boundaries, and existing staff have the experience and expertise to augment needed service in West Contra Costa when revenues are available Disadvantages ¥ Revenues for services within prior WCCHD boundary could be reduced if property tax revenues are shifted to other areas and services, unless a zone is created within EM-1 corresponding to WCCHD (this does not apply to parcel taxes, required by law to be spent within boundaries of the prior district) ¥ Consolidation could blur the distinction between the services and resources of EM-1 with the other health-related expenditures and goals of the WCCHD and its revenues. Currently EM-1 focuses on funding emergency services and prioritizes the use of benefit assessments for this purpose; consolidation could undercut the benefits the benefit assessments prioritized for EMS. ¥ Loss of representation by the currently locally-elected board, although this could be partially mitigated by creation of an advisory body to oversee and direct district activities. The Board of Supervisors, which is the board of CSA EM-1, includes one member elected solely by West County residents, and one member elected by West County and other areas in the County. LAFCO PROCESS – CONSOLIDATION WITH CSA EM-1 A consolidation would be initiated by the County and follow the LAFCO process as described above for consolidation with LMCHD. November 15, 2016 Contra Costa County Board of Supervisors 789 Public Review Draft Report August 26, 2016 www.berksonassociates.com 31 REORGANIZATION WITH CREATION OF NEW DISTRICT (CSA) FOR CONTINUING SERVICE County service areas (CSAs) are formed by counties to fund “miscellaneous extended services” that a county is authorized by law to perform and does not perform to the same extent countywide. Gov. Code, § 25213. The County could consider creating a new CSA, with the approval of the cities within the WCCHD service area and, essentially, annex the WCCHD into the new CSA. Under this option, the County would apply to LAFCO to form a new CSA to function as successor to the WCCHD; and any assets and liabilities would be transferred to the new CSA. The CCHS, under the direction of the County Board of Supervisors, would administer the CSA. ADVANTAGES AND DISADVANTAGES OF A NEW CSA Advantages ¥ Property taxes and, potentially, parcel taxes collected within the district will continue to be spent to augment and expand healthcare services for West County residents, including urgent care, primary care, prevention programs, nurse advice lines, and other health programs. ¥ Reduces existing administrative costs, including elections, to help avoid currently projected potential negative cash flows ¥ The County would have the ability to adapt the current WCCHD property tax repayment obligation as necessary to mitigate potential negative cash flows, and would be motivated to take actions to assure financial feasibility and repayment ¥ CCHS, which would manage the district, provides a broad range of programs, including programs and facilities within WCCHD boundaries, and existing staff have the experience and expertise to augment needed services in West Contra Costa when revenues are available Disadvantages ¥ Loss of representation by the currently locally-elected board, although this could be partially mitigated by creation of an advisory body to oversee and direct district activities. The Board of Supervisors, which is the board for all CSAs, includes one member elected solely by West County residents, and one member elected by West County and other areas in the County. ¥ Dissolution of WCCHD and formation of a new CSA requires an election November 15, 2016 Contra Costa County Board of Supervisors 790 Public Review Draft Report August 26, 2016 www.berksonassociates.com 32 LAFCO PROCESS – REORGANIZATION WITH CREATION OF NEW CSA A CSA may be initiated by resolution of the County Board of Supervisors,31 or by a petition signed by no less than 25% of registered voters living within the proposed district boundaries.32 Voter approval is required for the CSA formation. The board may appoint one or more advisory committees to give advice to the board of supervisors regarding a CSA’s services and facilities.33 Assuming the reorganization and formation of a new CSA is initiated by the County, a number of issues will need to be addressed by the County as part of its application to LAFCO: ¥ Services – Gov. Code section 25213 specifies the conditions under which the County is authorized to form a CSA. The proposed service must be a service that the County does not perform to the same extent on a countywide basis. The County provides healthcare through the Health Services Department on a countywide basis and emergency services through EM1 on a countywide basis. The County’s application to LAFCO would need to clarify the nature of the “extended” services not currently performed by the County. ¥ Funding – Gov. Code §§25211.4 and 25211.5 prohibit LAFCO from approving a proposal that includes formation of a CSA unless the commission determines that the CSA will have sufficient revenues to carry out its purposes. LAFCO could condition the formation of the CSA on consolidation/reorganization with WCCHD and future revenue received thru WCCHD. ¥ City Consent Required – WCCHD contain five cities. Gov. Code §25211.4(c) prohibits LAFCO from approving a proposal that includes formation of a CSA that would include territory within a city unless, before the close of the commission’s hearing, the city council has filed and not withdrawn a resolution that consents to the inclusion of that incorporated territory. Thus, LAFCO would need a resolution from each of the five cities consenting to the formation of the CSA. ¥ Election Required – As required by Gov. Code §25211.4(f), LAFCO must call an election on the formation of a proposed CSA. ¥ Plan of Reorganization – As part of as part of a dual application for CSA formation and consolidation of the new CSA with the WCCHD, the County would need to clarify the form of reorganization, i.e., whether it is a “consolidation of unlike districts” under Gov. Code §56826.5(b). ¥ Continued Use of Parcel Tax – A legal opinion would be required to establish the validity of the new agency continuing to use existing Measure D (2004) parcel tax proceeds after 31 Gov. Code Sec. 25211.3. 32 Gov. Code Sec. 25211.1. 33 Gov. Code Sec. 25212.4. November 15, 2016 Contra Costa County Board of Supervisors 791 Public Review Draft Report August 26, 2016 www.berksonassociates.com 33 the existing COPs have been repaid and the nature and extent of the future service has been established. DISSOLUTION WITH APPOINTMENT OF SUCCESSOR FOR WINDING-UP AFFAIRS Dissolution would eliminate the WCCHD. After the obligations of the WCCHD have been paid, the 2004 parcel tax would cease and reallocation of the District’s share of the ad valorem property taxes would be subject to a property tax transfer agreement per the County’s approval. The tax transfer agreement could potentially allocate the remaining ad valorem property tax to the County for healthcare purposes, at the discretion of the Board of Supervisors. LAFCO would appoint a successor agency to wind up the affairs of the WCCHD; see further discussion of successor agencies below. SUCCESSOR AGENCY Government Code (GC) §57451 addresses the determination of a successor for the purpose of winding up the affairs of a dissolved district. Subsection (c) indicates that the City of Richmond qualifies as the successor because the WCCHD boundaries overlap multiple cities and unincorporated area, and the City of Richmond contains the greater assessed value relative to other cities and the included unincorporated territory as shown in Table 3. There are other possible options regarding designation of the successor agency [GC §§ §57451(d), 56886]. These options are complex and would require further research. Potential successor agencies include: 1. City of Richmond – The City currently does not provide healthcare services. The City of Richmond could be designated as successor agency to wind up the affairs of the District pursuant to GC §57451(c). Preliminary discussions with City staff indicate that the City has the capability to undertake actions to wind up the affairs of the WCCHD, assuming that all financial obligations and administrative costs are funded by resources of the WCCHD. 2. CSA EM-1 – The CSA EM-1 could be designated as successor pursuant to GC §57451(d), which allows a district to be designated successor if all the remaining assets will be transferred to the district, e.g., CSA EM-1. CCHS, which manages EM-1, is under the direction of the County Board of Supervisors, and would have the ability and capacity to undertake actions to wind up the affairs of the WCCHD. See further discussion of CSA EM-1 in the section above, “Consolidation with County Service Area EM-1”. November 15, 2016 Contra Costa County Board of Supervisors 792 Public Review Draft Report August 26, 2016 www.berksonassociates.com 34 SUCCESSOR AGENCY RESPONSIBILITIES AND OBLIGATIONS The successor agency will have a number of obligations, including the following: ¥ Disposition of Property – If current sales agreements close by the fourth quarter of 2016 as anticipated, the successor agency will have no further responsibilities for property disposition. If the sales don’t close, it is possible that the successor would be responsible for continuing the marketing of the property, including limited maintenance costs prior to sale. ¥ Debt and Long-Term Financial Obligations – The obligation to repay the County is handled by the County Auditor’s transfer of WCCHD property tax to the County. Repayment of the COPs is handled by the Trustee; the District has agreed to direct, and has directed, the County to transfer to the Trustee all parcel tax revenues collected by the County on behalf of the District so long as the COPs are outstanding.34 ¥ Litigation and Claims – The successor agency will be responsible for settling claims, for example, workers comp claims, which the WCCHD projects to total $1.5 million over the next five years. There is no other litigation pending against the WCCHD. ¥ Other – The successor agency will oversee contracts entered into by the WCCHD, for example, to assure records management as required by law. ¥ Pension Plan – The successor will need to administer payments towards its obligations to fund the CNA Medical Pension Plan (estimated at $250,000 per year, contingent on the outcome of pending negotiations), and its successor pension plan (estimated at $900,000 per year). These obligations and responsibilities will be funded by WCCHD revenues; the successor agency can retain funds to help pay for its administrative costs (GC §57463). There is a risk of annual financial shortfalls; however, current WCCHD costs will be reduced under this option. For example, anticipated election costs of $450,000 every two years will no longer be required, thereby eliminating anticipated cumulative shortfalls. ADVANTAGES AND DISADVANTAGES OF DISSOLUTION/WIND-UP OF AFFAIRS Advantages ¥ Elimination of administrative expenses, including staff, legal, and election costs. Some staff costs may be necessary to wind up the affairs of the WCCHD. Any savings could help to repay existing obligations. ¥ Avoids duplication of services that can be provided by other public and private agencies, assuming that those other agencies have the resources to provide the same services at 34 See the Official Statements for the Certificates of Participation, which designate U.S. Bank National Association, San Francisco, California, as trustee (the “Trustee”). November 15, 2016 Contra Costa County Board of Supervisors 793 Public Review Draft Report August 26, 2016 www.berksonassociates.com 35 the same level, and that the District’s services duplicated those of another agency. As noted in this report, there exist many unmet needs in West County not being addressed by existing agencies, towards which the District could direct future available resources if it weren’t dissolved. ¥ Existing parcel taxes would be eliminated after District debt is repaid, reducing taxpayers’ annual tax burden. ¥ Returns tax dollars currently utilized by the WCCHD to one or more existing public entities serving the area, after payment of all WCCHD liabilities and obligations. In the event of a change of organization (e.g., dissolution) involving one or more special districts, the County, on behalf of the district or districts, negotiates the exchange of property tax revenues. It is possible that the County could assign the property tax currently going to WCCHD to Contra Costa County; and the County could agree to earmark these funds for healthcare services in the WCCHD service area. This would provide an opportunity to preserve some of the funding currently going to WCCHD to meet healthcare needs in West County. Disadvantages ¥ Loss of WCCHD allocation of annual property taxes and parcel taxes to help address health needs in West County such as urgent care, primary care, and prevention programs. LAFCO PROCESS – DISSOLUTION The process will follow the basic steps identified in GC §57077 and described below. In addition, it will be necessary for LAFCO to identify a successor for the purpose of winding up the affairs of the WCCHD. It may also be necessary for LAFCO to specify a Gann limit applicable to the successor agency that will allow for an increased collection and use of property taxes for the purpose of winding up the affairs of the WCCHD. ¥ At a noticed public hearing, the Commission accepts the special study, considers adopting a zero SOI to signal proposed dissolution and for consistency with SOI (GC §56375.5), considers making findings in accordance with the conclusions and recommendations of the special study, and considers adopting a resolution initiating dissolution. ¥ LAFCO notifies State agencies per GC §56131.5 and allows a 60-day comment period. ¥ At a noticed public hearing, LAFCO considers approving the dissolution. ¥ Following 30-day reconsideration period (GC §56895), LAFCO staff holds a protest hearing in the affected territory (GC §57008). The protest hearing is a ministerial action. While the Commission is the conducting authority, it often designates the Executive Officer to conduct the protest hearing. November 15, 2016 Contra Costa County Board of Supervisors 794 Public Review Draft Report August 26, 2016 www.berksonassociates.com 36 ¥ Absent the requisite protest, and possible election, the Commission orders dissolution. As noted above, there is pending legislation that would allow dissolution of a healthcare district without an election under certain conditions. ¥ Following approval by LAFCO (and voters if required), LAFCO staff records dissolution paperwork and files with the State Board of Equalization making dissolution effective. The steps described above may also apply to other options in this chapter that include dissolution of the current district. November 15, 2016 Contra Costa County Board of Supervisors 795 Public Review Draft Report August 26, 2016 www.berksonassociates.com APPENDIX A HEALTHCARE FACILITIES WITHIN WCCHD BOUNDARIES November 15, 2016 Contra Costa County Board of Supervisors 796 Public Review Draft Report August 26, 2016 www.berksonassociates.com Table A-1: Healthcare Facilities within WCCHD Boundaries Facility Address, Maplink Website Ownership Type Services Kaiser Permanente Richmond Medical Center 901 Nevin Ave., Richmond, CA 94801 Website for Kaiser Permanente Richmond Medical Center Nonprofit, public- benefit corporation Emergency services (25 beds), urgent care services, pharmacy services. Not designated for high-risk heart attacks. It is a Primary Stroke Center. West County Health Center 13601 San Pablo Ave., San Pablo, CA 94806 Website for West County Health Center Contra Costa Health Services Routine and preventive health care service; women's health; prenatal care; other services North Richmond Center for Health 1501 Fred Jackson Way, Richmond, CA 94805 Website for North Richmond Center for Health Contra Costa Health Services Routine and preventive health care service; women's health; prenatal care; pediatrics; other services LifeLong Urgent Care 2023 Vale Road, San Pablo, CA 94806 Website for LifeLong Urgent Care Nonprofit Illnesses and injuries that require immediate medical attention (usually within 24 hours), but are not life-threatening or serious enough to require emergency room care or hospitalization. LifeLong Brookside San Pablo 2023 Vale Road, San Pablo, CA 94806 Website for LifeLong Brookside San Pablo Nonprofit Integrated medical, dental and social services including primary health care for adults; pre/post natal care; pediatrics; case management; multi-disciplined care coordination; health education; social services resources; patient advocacy LifeLong Brookside Richmond 1030 Nevin Avenue, Richmond, CA 94804 Website for LifeLong Brookside Richmond Nonprofit Integrated medical, dental and social services including primary health care for adults; pre/post natal care; pediatrics; case management; multi-disciplined care coordination; health education; social services resources; patient advocacy LifeLong Richmond 2600 Macdonald Ave., Ste B, Richmond, CA 94804 Website for LifeLong Richmond Nonprofit Primary health care for adults; prenatal care; patient advocacy; immunizations; patient assistance; health education November 15, 2016 Contra Costa County Board of Supervisors 797 Public Review Draft Report August 26, 2016 www.berksonassociates.com Table A-1: Healthcare Facilities within WCCHD Boundaries (cont’d) Facility Address, Maplink Website Ownership Type Services Brighter Beginnings Family Health 2727 Macdonald Ave., Richmond, CA 94804 Website for Brighter Beginnings Family Health Primary health care for pediatric, teen, and adult patients RotaCare Free Medical Clinic at Brighter Beginnings 2727 Macdonald Ave., Richmond, CA 94804 Website for RotaCare Free Medical Clinic at Brighter Beginnings BAART Community HealthCare 1313 Cutting Blvd., Richmond, CA 94804 Website for BAART Community HealthCare Low cost primary care services to indigent populations Concentra Urgent Care 2970 Hilltop Mall Rd., Ste. 307, Richmond, CA 94806 Website for Concentra Urgent Care Occupational and urgent medical care, as well as physical therapy and wellness services Planned Parenthood El Cerrito, Richmond (2) Abortion services; birth control; HIV testing and services; LGBT services; men's health care; pregnancy testing and services; STD testing, treatment and vaccines; women's health care 8/7/16 Multiple locations and websites November 15, 2016 Contra Costa County Board of Supervisors 798 Public Review Draft Report August 26, 2016 www.berksonassociates.com APPENDIX B TIMELINE OF KEY EVENTS November 15, 2016 Contra Costa County Board of Supervisors 799 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA DOCTORS MEDICAL CENTER CHRONOLOGY 1948 Hospital District formed by West County voters 1954 Brookside Hospital opens DMC HAS BEEN FINANCIALLY CHALLENGED SINCE THE 1990’S 1994 Hospital District converts to West Contra Costa Healthcare District (WCCHD) 1997 Brookside Hospital affiliates with for-profit Tenet Health Systems to operate the hospital and renames it Doctors Medical Center (DMC) 2004 Tenet sustains financial losses and is unable to profitably operate the hospital after making substantial investments, including attempts to improve the payor mix, and terminates affiliation and returns operation of the hospital back to the Healthcare District (with hospital losing money, no cash and without a management team) Nov 2004 Voters pass Measure D by 84% margin to assess a parcel tax of $52/year to raise approximately $5.6 million/year. x Proceeds of new tax used to secure $26 million in long-term financing/debt to support hospital operations and make necessary investments in the hospital and its equipment. 2005 DMC sustains $23 million in operating losses in 2005 and consumes much of the cash reserves created by the 2004 financing. Feb 2006 DMC closes Inpatient Burn Unit to stem losses. Sept-Nov 06 Emergency Department goes on ambulance diversion for 6 weeks. Oct 2006 DMC sustains $35 million in operating losses in 2006 and WCCHD files for Chapter 9 bankruptcy protection. Oct 2006 DMC closes Obstetrics Department to stem losses and closes Pinole campus. Oct 2006 At Supervisor John Gioia’s urging, the Contra Costa Board of Supervisors approves a Recovery Plan for the hospital that includes the establishment of a Joint Management Agreement between WCCHD/DMC and the County, and establishes a process to transfer $10 million from Contra Costa County to the State which was matched by the Federal Government (additional $10 million) to provide enhanced Medi-Cal payments to DMC resulting in $20 million cash infusion to keep DMC open. Funds used to support payroll/operating expenses. 1 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 800 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA Dec 2006 WCCHD Board approves Wellspring Management Services (hospital turnaround consultants) contract to assess DMC’s financial situation and develop a sustainable business plan. Feb 2007 First meeting of the new DMC Management Authority JPA Board occurs March 2007 JPA Board approves amendment to Wellspring Contract to provide assistance to implement “quick-fix” initiatives relating to billing and collections, which improved cash flow by more than $2.5 million. Spring 2007 Replace DMC management with interim management team through Wellspring (CEO, CFO, Chief Nursing Officer/Chief Operating Officer, Controller, HR) During 2007 DMC negotiates improved reimbursement contracts with managed care payors (health insurance companies) for an annual benefit of $2.9 million. July 2007 WCCHD and JPA Boards approve business plan presented by Wellspring. JPA Board approves amendment to Wellspring contract to begin the 90-day first phase of implementation of the initiatives in the new business plan. Aug 2007 Wellspring begins implementing following initiatives to yield savings of $9.7 mil. x Revenue Cycle – improve billing/collections by redesigning revenue cycle process and implementing new denial management process x Labor – right size staff with hospital volume and need, including improving staffing productivity, implementing control and productivity systems, and redesigning staffing approach x Non-Labor – renegotiate pricing arrangements with health insurance companies to bring in line with industry standards and current DMC cost structure and renegotiate vendor contracts to get better pricing on products and services. Aug 2007 County Health Officials, Supervisor John Gioia, DMC CEO, and local legislators work to get California Medical Assistance Commission (CMAC) to award $5 million Distressed Hospital Funding to DMC. Nov 2007 JPA members Supervisor John Gioia and Pat Godley (CFO of Contra Costa Health Services) make presentation to CMAC in Sacramento regarding need for additional state funding to compensate DMC for unreimbursed indigent care costs and unreimbursed Medi-Cal costs. Dec 2007 California Medical Assistance Commission (CMAC) votes to provide DMC with $36 million in funding ($12 million per year for 3 years) Jan 2008 JPA Board approves DMC operating budget, which reduced deficit from over $30 million to $18 million per year. 2 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 801 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA March 2008 Hospital leadership, Supervisor John Gioia, WCCHD Director Eric Zell, and Congressman George Miller work with Bankruptcy Court Creditors’ Committee to reach a settlement of the $18 million in creditor debt. WITHOUT OUTSIDE FUNDING, DMC DOES NOT EMERGE FROM BANKRUPTCY April 2008 County Health officials Dr. Bill Walker and Pat Godley, Supervisor John Gioia, WCCHD Director Eric Zell, and Hospital Leadership work with Kaiser and John Muir Health Systems for multi-year funding commitment. x Kaiser announces $12 million grant ($4 million/year for 3 years) x John Muir announces $3 million grant ($1 million/year for 3 years) April 2008 DMC files plan with U.S. Bankruptcy Court to emerge from bankruptcy with Creditors’ Committee recommending approval of the plan by the Court Aug 2008 U.S. Bankruptcy Court approves plan for DMC to emerge from bankruptcy and calling for payments to creditors over a 3-year time period of $12 million. January 2011 DMC CEO Joe Stewart resigns and interim management brought back. Spring 2011 Change in state rules governing allocation of inter-governmental transfers by California Medical Assistance Commission (CMAC) results in decreased funding from CMAC to DMC from $12 million/annually to $1.2 million. March 2011 DMC unable to meet payroll and County Board of Supervisors approves $10 million cash advance to DMC for operations. Advance requires repayment from WCCHD’s ad valorem tax. July 2011 Regional Planning Initiative is established to explore options x Participants – DMC, Contra Costa Health Services, Kaiser, John Muir Health x Scope of study - Explored options for: (1) outside funding to close operating deficit on a permanent basis; (2) changes in structure and nature of services provided to find a more sustainable service delivery model; (3) potential lease/sale of the hospital; (4) development of a “legacy plan” in the event DMC is unable to remain open as a full- service hospital. x Conclusions: Other health care models including freestanding emergency department, downsized 50 bed hospital, urgent care, and partnering with long-term care provider to lease excess capacity all continued to have substantial losses. x Outcomes: Identified immediate initiatives to secure time to implement a longer term strategy which included: (1) Additional expense reductions; (2) new parcel tax; (3) additional debt financing; (4) multiple proposals to the State. 3 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 802 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA Fall 2011 DMC management negotiates reduction of $1.2 million in past due amounts with vendors. Oct 2011 SB 644 (sponsored by Senator Loni Hancock) signed by Governor Brown. SB 644 provides certainty to a future lender and enables DMC to borrow $20 million to continue operating while continuing to develop a sustainable model. SB 644 creates a statutory lien against the Healthcare District’s 2004 parcel tax revenue so that the terms of a future loan to DMC cannot be modified by a bankruptcy court. Nov 2011 Supervisor John Gioia and WCCHD Director Eric Zell co-chair Measure J Parcel Tax campaign. Measure J ($47/year parcel tax) passes with 74% support raising approximately $5.1 million/year. Measure J contains “sunset clause” providing that the tax is no longer collected if the hospital and emergency room close. Nov 2011 Governing Board approves budget with additional $6 million in cost reductions recommended by hospital management. Dec 2011 Hospital management finalizes additional debt financing of $40 million to support operations. 2011 DMC management puts in place a line-of-credit with a healthcare finance lender. 2011 Kaiser provides an additional one year funding grant of $4 million and DMC develops a line-of-credit to provide ongoing operational funding support. 2011 DMC officials meet with state elected officials and state health officials seeking support to increase Medi-Cal reimbursement rate. Efforts are unsuccessful. Jan 2012 Hospital management launches national effort to find a strategic partner. Spring 2012 DMC hires national healthcare consultant, Camden Group, which makes contact with over 2 dozen organizations (including UCSF, Stanford, Dignity Health, Sutter, Kaiser and many more) to pursue health care partnerships with the hospital. Only one entity (Avanti Hospitals) expresses serious interest. After due diligence and discussions, Avanti decides, in early 2013, not to move forward with DMC. Spring 2013 Contra Costa County starts discussions with UCSF Medical Center about possible affiliation between UCSF, Contra Costa Health Services and DMC. Discussions end in early 2014 with no affiliation agreement. 2012-2013 DMC works with Camden Group (retained in Spring 2012) to develop strategic plan for hospital sustainability and to assist in finding a partner with whom DMC could either merge or affiliate with in order to gain economies of scale and to develop a sustainable business model. Plan identified immediate savings measures but concluded that DMC was not sustainable as a freestanding hospital and needed a partner for long-term sustainability. April 2013 Medicare payments cut by more than $3 million/annually as part of the Federal Budget sequestration. 4 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 803 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA 2012-2013 DMC works to find a skilled nursing/rehabilitation service provider to rent excess unused inpatient hospital space. Effort unsuccessful. 2012-2013 DMC continues to institute strategies to save money and increase revenue: x Renegotiates better reimbursement rates with insurance companies x Improves billing and collection practices x Reduces management staffing by 19%, saving nearly $600,000 annually x Streamlined staffing, making DMC one of the most efficient hospitals in the Bay Area x Renegotiates physician contracts, saving $1 million annually x Renegotiates vendor supply costs to save money x Makes significant changes in health benefits structure for unrepresented employees to save money x Eliminated the self-insured employee benefit program, which reduced costs and eliminated financial risk. July 2013 Contra Costa Board of Supervisors approves $9 million cash advance to DMC to support operations. Advance requires repayment from District’s ad valorem tax. Nov 2013 Hospital Governing Board declares fiscal emergency because of projections it will run out of cash in May 2014. Factors leading to emergency: Since 2010 -- DMC lost $17 million/year in outside state and hospital support, DMC experienced 14% decline in operating revenues and 22% decline in inpatient volume through loss of commercially insured patients to privately owned medical facilities, and DMC used up its $40 million in debt financing obtained in 2011. DMC’s average reimbursement per patient per day is 57% lower than average for East Bay hospitals. Nov 2013 DMC submits written funding request to Kaiser 2014 Affordable Care Act results in $2.8 million per year net decrease in revenues for DMC (lower Medicare reimbursement rate under ACA more than offsets slight increase in revenue due to lower number of uninsured patients) 2014 DMC makes funding appeals to Hospital Council of Northern and Central California including Kaiser, Sutter and John Muir Health System. Efforts unsuccessful. 2014 DMC makes funding appeals to corporations (including Chevron, Republic Services, Mechanics Bank), foundations (including California Endowment, San Francisco Foundation, and Gates Foundation Global Health Initiative), and local governments to support hospital. Efforts unsuccessful. 2014 Throughout 2014, DMC officials continued to reach out to potential investors and hospital operating firms in search of a potential partner. None were willing to pursue discussions beyond an introductory meeting. 5 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 804 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA 2014 DMC management and CEO work with Touro University to establish a partnership/affiliation that would bring in revenue to DMC. Effort unsuccessful. Spring 2014 Supervisor John Gioia and WCHD Director Eric Zell co-chair June Measure C Parcel Tax campaign to fully fund DMC’s $20 million operating deficit. Measure receives 52% support and does not achieve 2/3 vote required to pass. Spring 2014 DMC officials work with Congressman George Miller’s office to develop potential partnership with the Veterans Administration. Efforts unsuccessful after VA indicated that their need for inpatient beds was not significant enough to require additional beds for their system. Also, this VA region does not qualify for VA reimbursement to be paid to non-VA hospital providers. Spring 2014 After attempting to receive a charitable contribution from the Lytton Tribe, DMC is successful negotiating a lease agreement with the Lytton Tribe to receive upfront payment of $4.6 million for the long term use of DMC parking lot. Approved by Healthcare District Board in May 2014. June 2014 Contra Costa Board of Supervisors approves Supervisor Gioia’s proposal to conduct a public opinion poll to gauge voter support for a one-quarter or one-half cent countywide sales tax for public safety and health services (including funding for DMC). Poll results show it would be very difficult to pass a countywide sales tax. Proposal does not move forward. June 2014 Contra Costa Board of Supervisors approves $6 million cash advance to DMC to support operations and provide more time for DMC to explore options for sustainability. Advance requires repayment from District’s ad valorem tax. June 2014 Regional Planning Initiative (stakeholder group led by County Health Director Dr. Walker) established to explore previously studied options (in 2011) for future health-care service options: smaller full-service hospital, freestanding ER, and urgent care center. Participants include Hospital Council of Northern and Central California (including Kaiser, Sutter, John Muir Health Systems), DMC, Contra Costa Health Services, Alameda/Contra Costa Medical Association, Life Long Medical Care, with participation of California Department of Public Health official. Summer ‘14 DMC works with state legislators and California Department of Public Health (DPH) officials seeking authorization for operating a freestanding emergency room (satellite emergency room to Contra Costa County Hospital). DPH concludes that existing state law does not authorize freestanding emergency rooms in California and that new statutory authority is required to do so. Aug 2014 DMC Emergency Room closes to 911 ambulances. Stays open to walk in patients. Sept 2014 Regional Planning Initiative Stakeholder Group issues interim report which concludes that the following health care models are unsustainable -- (1) a smaller full service hospital under either the County license or DMC license; (2) 24-hour satellite emergency department (while incurring a smaller operating loss than existing hospital) was not allowed under state law. Report also found that seismic costs for a new hospital to meet state standards would cost nearly $200 million. 6 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 805 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA Fall 2014 DMC officials work with state legislators to achieve “public hospital” designation in order to potentially qualify DMC to receive higher Medi-Cal reimbursement rates. The Center for Medicaid Services of the U.S. Department of Health and Human Services would still need to approve any reimbursement rate changes. Assemblymember Nancy Skinner and Senator Loni Hancock carry AB 39 to designate DMC a “public hospital” under state law and provide $3 million in one time state funding to DMC. Only one time allocation of $3 million to DMC passes in SB 883 (the budget bill). 2014 DMC continues to implement strategies to reduce expenses: x Closes San Pablo Towne Center facility x Reduces staff x Terminates Sodexo Contract for management of housekeeping, dietary and maintenance services. x Eliminates self-insured employee health plan x Successfully negotiates with Local One union for benefit changes Oct 2014 Richmond City Council conditionally approves providing $5 million in funding to DMC for 3 years, totaling $15 million, from the Chevron Community Benefit fund contingent on other funding/savings to the hospital of approximately $13 million/year. Matching funds from other sources have not materialized and no money is available from Chevron until all legal challenges to their modernization project are resolved. Nov 2014 DMC Governing Board supports 5 X 8 Shared Commitment Plan developed by Healthcare District Boardmembers Eric Zell and Irma Anderson to retain full service hospital, with the following eight funding goals to keep hospital open for five years: x New parcel tax ($5 to $8 million/year) x County debt repayment forgiveness ($3 million/year) x Debt support from other local hospitals (Kaiser, Sutter, John Muir) ($3 to $4.3 million/year) x Continuing operating efficiencies ($1 to 2 mil/year) x Employee savings ($4.5 to $7 mil/year) x City of Richmond Chevron Community Benefit fund ($15 mil over 3 years) x Training program/residency partnership ($500,000) x Reinvigorated DMC Foundation ($500,000 to $1.5 million) Dec 2014 DMC loses its accounts receivable financing with Gemino Healthcare Finance due to concern for future risk of repayment. Dec 2014 Contra Costa Board of Supervisors approves proposal by Supervisor Gioia to: (1) permanently waive DMC’s repayment to the County of $3 million/year for 3 years ($9 million total) conditioned upon DMC receiving $15 million/year (for 3 years) in other funding pursuant to the 5 X 8 Plan for a full-service 7 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 806 x Contra Costa Behavioral Health Services x Contra Costa Emergency Medical Services x Contra Costa Environmental Health x x Contra Costa Hazardous Materials x Contra Costa Health Plan x Contra Costa Public Health x Contra Costa Regional Medical Center and Health Centers x Office of the Director William B. Walker, M.D. DIRECTOR & HEALTH OFFICER 50 Douglas Drive, Suite 310-A Martinez, California 94553-4003 Ph (925) 957-5403 Fax (925) 957-5409 Board of Supervisors JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT MARY N. PIEPHO, 3RD DISTRICT KAREN MITCHOFF, 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT County Administrator DAVID TWA hospital; and (2) temporarily suspend DMC’s December 2014 and April 2015 repayments to the County totaling $3 million. Dec 2014 Regional Planning Initiative Stakeholder Group issues final report confirming conclusions of the September 2014 Interim Report with additional conclusions on urgent care. Report noted that about 11% of DMC emergency room patients require hospital admission. The report concluded that an urgent care facility would incur a much smaller operating loss than the existing hospital or a freestanding emergency department. Losses would be further reduced if the center qualified as a Federally Qualified Health Center (FQHC). The report concluded that while none of the alternatives evaluated by the Stakeholder Group break even financially, “an urgent center with FQHC status offers the best long-term opportunity to become self-supporting.” Report also concluded that “connecting patients to more appropriate primary care services and providing assistance to manage their health would reduce the demand on regional emergency rooms.” Jan 2015 DMC Governing Board hears 4 proposals (3 private proposals and one from City of San Pablo) to provide funding to DMC. 3 private proposers fail to deposit good faith money demonstrating financial capacity. Feb 2015 DMC commissions public opinion poll to measure West County voter support for a parcel tax to partially fund DMC’s operating loss. Results show that support at $50, $100 or $150 per parcel remain well below the required 2/3 vote needed to pass. Feb 2015 DMC issues WARN letter announcing that it “will be closing and/or reducing certain of its services” on or after April 14, 2015. March 2015 Healthcare District Board negotiates and approves real estate transaction to sell the District’s Vale Rd. medical office buildings and condominium, and part of its hospital parking lot (the part subject to the long term lease to the Lytton Tribe) to the City of San Pablo for $7.5 million in cash and $4.4 million in debt reduction for a total value of $11.9 million. Infusion of cash avoids immediate closure by end of February 2015. March 2015 Healthcare District Board votes to close DMC on April 21, 2015 due to lack of future sources of funding to sustain hospital operations and to use $7.5 million in proceeds from sale of property to San Pablo to pay employee, physician and vendor liabilities. 8 DMC CHRONOLOGY November 15, 2016 Contra Costa County Board of Supervisors 807 Public Review Draft Report August 26, 2016 www.berksonassociates.com APPENDIX C ANNOTATED REFERENCES November 15, 2016 Contra Costa County Board of Supervisors 808 Pg. C-1 8/26/16 REFERENCES WEST CONTRA COSTA HEALTHCARE DISTRICT SPECIAL STUDY HEALTH CARE NEEDS AND CLOSURE IMPACTS 2013 Community Health Needs Assessment, Kaiser Foundation Hospital – Richmond The Patient Protection and Affordable Care Act (ACA), enacted on March 23, 2010, added new requirements, which nonprofit hospital organizations must satisfy to maintain their tax exempt status under section 501(c)3 of the Internal Revenue Code. One such requirement added by ACA, Section 501(r) of the Code, requires nonprofit hospitals to conduct a community health needs assessment (CHNA) at least once every three years. The CHNA includes data on population characteristics and prioritized needs, and prioritized community health needs. File: [Kaiser]Richmond-CHNA-2013.pdf Study of West County Emergency Medical Services, Emergency Department, and Critical Care Access, Final Report, The Abaris Group, July 2011 Analysis of the potential impact of a change of service or closure of the hospital on the provision of emergency care in the West County area. File: [Abaris2011]ACF17D.pdf *Potential Impact of DMC closure, prepared by Abaris Group, 2004 Document cited by Initial Agreement for Property Tax Transfer. Impact Evaluation Report: Doctors Medical Center San Pablo Potential Closure of Emergency Services, Prepared by the Contra Costa Emergency Medical Services Agency, June 13, 2014 The purpose of this report is to assess the impact of the Emergency Department closure upon the community, including the impact on access to emergency care and the impact on emergency services provided by other entities such as ambulance, police, fire, and other area hospitals. file: Impact-Evaluation-Report.pdf Final Report: Doctors Medical Center Regional Planning Group, December 2014 Includes an analysis of urgent care, which would provide the most financially sustainable option for meeting the health-care needs of the 89 percent of patients who use the DMC emergency department but do not require hospital admission. November 15, 2016 Contra Costa County Board of Supervisors 809 Pg. C-2 8/26/16 File: final_dmc_regional_planning_group_report_12-2014_for_web.pdf Freestanding ED Feasibility Assessment, Prepared for Contra Costa Health Services, December 2012, by The Abaris Group Martinez, CA Assesses the feasibility of establishing a freestanding emergency department (FED) in the western area of the county due to the possible closure of Doctors Medical Center, San Pablo. The report concluded that FEDs remain a viable and growing product in the US for providing emergent and urgent services that are distant from a hospital based ED. There are challenges to establishing an FED in California from a statutory and regulatory standpoint, but the possibility exists. File: [FreeStand ED]FED-Feasibility-Report.pdf PROPERTY TAX AGREEMENTS The West Contra Costa Healthcare District Agreement for Property Tax Transfer to Contra Costa County, October 31, 2006 Also referred to as the “Initial Agreement” by subsequent District/County agreements, provides for the transfer of $10 million to the State to leverage an additional $10 million in Federal funds to be used by the DMC for non-bankruptcy related operations. The WCCHD would repay the $10 million to the County by transferring the entirety of WCCHD property tax revenues until $11.5 million had been transferred. A County staff report accompanies the Agreement, describing the need for the funds and importance of DMC, as well as potential impacts of its closure. A court document approves the agreement and acknowledges that the funds are to be used for operating expenses “post-petition”. File: WCCHCD Tax Sharing Agrmt with CCC.pdf Amended and Restated Second Agreement for Property Tax Transfer Transfer to Contra Costa County, July 16, 2013 Amended and Restated 2nd Agreement transfers add'l $9 mill. to be repaid $11.6 mill. tax transfer ($6,003,776.82/$11.5 mill. transferred per 2nd Agree. to-date; total owed is $17,096,223.18). File: WCCHCD 7-16-13 BO 2nd Agt.pdf Third Agreement for Property Tax Transfer from West Contra Costa Healthcare District to Contra Costa County, July 1, 2014 Provides for the transfer up to an additional $6 million from the County to the WCCHD to be repaid from 100% of WCCHD property tax revenues in an amount up to $8.2 million. At the time of the Third Agreement, $17,096,223 remained to be transferred pursuant to the Amended and Restated Second Agreement. File: WCCHSD Third Agreement.pdf November 15, 2016 Contra Costa County Board of Supervisors 810 Pg. C-3 8/26/16 Memorandum from Dr. Walker to BOS, June 17, 2014 re: Third Agreement Provides background on sequence of events since Initial Agreement in 2006. File: WCCHCD 6-17-2014 BO.pdf Memorandum from Dr. Walker to BOS, Hearing on Transfer of Property Taxes from WCCHD and Approval of Appropriation Adjustment, July 16, 2013. Request that BOS acknowledge property tax transfer pursuant to the Second Agreement for Property Tax Transfer, and transfer $9 million to WCCHD in exchange for $11.6 million of property tax. Anticipated improved likelihood of finding an operating partner for the hospital as a result of ACA delivery system reforms but recognized 2013 budget loss of $11 million. Amended and Restated Second Agreement was attached. File: WCCHCD 7-16-13 BO 2nd Agt.pdf Memorandum from Sup. John Gioia and Federal D. Glover to BOS regarding WCCHD Tax Allocation Waiver, December 2, 2014 Acknowledges total remaining tax to be transferred under Second Agreement is $17,096,233.18 and $8,200,000 under the Third Agreement, at a rate of approximately $3 mill. per fiscal year. Proposes a resolution No. 2014/450 providing for a one-time suspension of Second Agreement allowing for a transfer in fy 2014/2015 of up to $3 million. Also proposes a Reso. No. 2014/451 to conditionally approve a permanent waiver of up to $9 million due under the Second Agreement, in FY 2015/16, and subsequent two fiscal years. The permanent waiver was conditioned on the District securing at least $15 million in alternate funding for those three years no later than 10/30/2015. Note: condition was not met. File: WCCHCD 12-2-2014 BO.pdf Memorandum from Sup. John Gioia to BOS regarding Resolution No. 2016/318 authorizing amendments to property tax transfers from WCCHD to Contra Costa County, April 12, 2016 Revises current property tax transfer agreements to shift $1 million of property tax annually back to the WCCHD instead of to the County until repayment is complete. The revision would also increase the total amount to be repaid to the County by $645,000. The revision would increase the term of repayment by about 2 to 3 years. File: [2016-04-12_TaxModification]agMemo_25257.pdf November 15, 2016 Contra Costa County Board of Supervisors 811 Pg. C-4 8/26/16 LITIGATION Declaration of William Walker, M.D. in Opposition to Motion for Preliminary Injunction, filed 8/19/14 Includes statements regarding the County’s role in support of health services in Contra Costa in a legal action by the DMC Closure Aversion Committee against the County. Plaintiffs seek a mandatory injunction against the County. Plaintiffs request that the County be prohibited from closing the hospital’s STEMI Cardiac Unit, diverting ambulances from the Emergency Department, and capping inpatient beds to a maximum of 50 beds. File: WCCHCD W Walker Dec.pdf Declaration of Patrick Godley in Opposition to Motion for Preliminary Injunction, filed 8/19/14 Includes statements regarding the formation of a Joint Powers Agreement between the County and the WCCHD (attached County Board order dated Feb. 6, 2007 forming DMC Authority). The JPA was a separate entity from the WCCHD. The DMC Authority would provide guidance to the DMC in supporting a special tax and helping the DMC emerge from bankruptcy. The Declaration also describes events including the County loans, and the replacement of the Authority by a District Governing Board. It also describes the 2013 County loan that was used to WCCHD debt service. It also describes subsequent loans including a 2014 loan of $6 million while options were explored such as replacing the acute care hospital with a free standing emergency room. Total transferred by the County was $35 million. The WCCHD annual deficit averaged $18 million since 2006. The WCCHD also received grants from Kaiser Permanente ($12 million) and John Muir Medical Center ($3 million), and $36 million in a Medi-Cal contract increase. Eight more years of reimbursement to the County were anticipated. File: WCCHCD Godley Dec.pdf BANKRUPTCY PROCEEDINGS Staff Report on West Contra Costa Healthcare District Asset Disposition Plan, [date? 2015-] Described a plan for marketing the DMC in two ways: as operating hospital, and as a real estate asset. The plan anticipated a transaction by the end of the year. It notes that there was a Right of First Refusal held by “San Pablo”. It also noted that sale as an operating hospital would also require notes regarding the closure of DMC and sale of the back parking lot and the sale of the “MOBs”. File: WCCHCD Asset Disposition Plan.pdf November 15, 2016 Contra Costa County Board of Supervisors 812 Pg. C-5 8/26/16 *Disclosure Statement Plan for the adjustment of debt, June 3, 2008 Filed by the WCCHD in bankruptcy court and approved August 14, 2008 and the WCCHD emerged from bankruptcy. Required payments to creditors of $12 million over a three- year time frame. (referenced by memo from Dr. Walker to County BOS, July 16, 2013). County Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction, filed 8/19/14 County response to motion in a legal action by the DMC Closure Aversion Committee against the County. *Declaration of Pat Frost in Opposition to Motion for Preliminary Injunction, [date?] Referenced by County Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction, includes information related to diversion of ambulances from DMC. WCCHD BOARD PACKETS WCCHD Doctors Medical Center Board of Directors Packet, Meeting Thursday, March 17, 2016 Includes financial update and 10-year annual cash forecast projecting annual operating shortfalls 2020-2024 totaling about $11 milllion. Proposes to restructure County agreement to provide for an advance plus reduction of County tax retention to 2/3’s, extending the years required to repay the loan about 4 to 5 years. File: 3.17.2016 WCCHCD Agenda Packet1.pdf WCCHD Doctors Medical Center Board of Directors Packet, Meeting Monday, January 11, 2016 Includes letter (1/4/16) from attorney Edward Shaffer regarding status of property disposition. File: WCCHCD BOD Packet-01-11-16-1.pdf FINANCIAL Audited Financial Statements, WCCHD, December 31, 2013, TCA Partners, LLP Reports an operating loss by the WCCHD for the year ended Dec. 31, 2013, of $28.3 million. File: 2013-Audit.pdf November 15, 2016 Contra Costa County Board of Supervisors 813 Pg. C-6 8/26/16 LAFCO Public Healthcare Services Municipal Service Review, prepared by Dudek and The Abaris Group for Contra Costa LAFCO, approved August 8, 2007 Provides background information and determinations related to the WCCHD. File: HealthCare MSR Approved 8-8-07.pdf Special Study: Mt. Diablo Health Care District Governance Options, Accepted by LAFCO 1/11/12 Includes background information on CSA EM-1 and issues and options for consolidation with a healthcare district. File: Final Special Study Report 01-12-11.pdf PRESS San Pablo: County issues information on care alternatives in wake of pending hospital closure, ContraCostaTimes.com, Updated: 04/16/2015 Provides information about treatment and care alternatives to DMC in West County. http://www.contracostatimes.com/breaking-news/ci_27922820/san-pablo-county- issues-information-care-alternatives-wake file: [2015-04-16_Closing_Care Alts]CCTimes.pdf San Pablo: Doctors Medical Center closes doors to patients, 4/21/2015 Provides historical background as it describes the events on the last day, and experiences of patients. Notes prior ER levels of activity, and options for doctors and patients. http://www.mercurynews.com/my-town/ci_27957896/san-pablo-doctors-medical- center-closes-doors-patients file: [Press_2015-04-21_Closure]BayAreaNewsGroup.pdf Patients struggle, doctors worry in aftermath of hospital shutdown, Richmond Confidential, Trinity Joseph, 12/13/15 Quotes patients and doctors on their experiences after closure. http://richmondconfidential.org/2015/12/13/the-aftermath-of-doctors-medical- centers-closure/ file: [Press_2015-12-13]Patients struggle, doctors worry in aftermath of hospital shutdown _ Richmond Confidential.pdf Shuttered East Bay hospital could become boutique hotel, 3/15/16, San Francisco Business Times, Chris Rauber Describes pending deal to sell the 62-year old structure to Davis-based Royal Guest Hotels for $13.5 million. November 15, 2016 Contra Costa County Board of Supervisors 814 Pg. C-7 8/26/16 http://www.bizjournals.com/sanfrancisco/blog/realestate/2016/03/doctors-medical- center-san-pablo-royal-guest-hotel.html file: [Press_2016-03-15]Boutique hotel company Royal Guest Hotels seeks to buy San Pablo's shuttered Doctors Medical Center safety net hospital - San Francisco Business Times.pdf San Pablo: West Contra Costa tries to fill health care void after hospital closure, 4/8/16, San Jose Mercury News, Tom Lochner Describes adjustments made to service provision and ambulance responses to mitigate impacts of DMC closure. http://www.mercurynews.com/ci_29743186/san-pablo-west-contra-costa-tries-fill- health File: [Press_2016-04-08]DMC Closure Follow-up East Bay Times 4-9-16.pdf Doctors Medical Center San Pablo Impacts of Potential Downgrade or Closure of Hospital Emergency Services at Doctors Medical Center, Press Release, 4/10/15, Contra Costa Health Services Provides background and links to related information regarding the impending closure of DMC. File: Doctors Medical Center San Pablo __ Press Releases __ Contra Costa Health Services.pdf Doctors Medical Center's legacy of service remembered as closure nears, 4/18/15, Contra Costa Times Provides background and history on DMC. File: Doctors Medical Center's legacy of service remembered as closure nears - ContraCostaTimes.pdf West Contra Costa hospital faces likely closure following failure of tax measure, 5/7/14, Contra Costa Times, Robert Rogers Background on tax measure and speculation on the causes of the closure. http://www.hospitalcouncil.org/article/west-contra-costa-hospital-faces-likely-closure- following-failure-tax-measure file: West Contra Costa hospital faces likely closure following failure of tax measure - ContraCostaTimes.pdf BALLOT MEASURES West Contra Costa Healthcare District Parcel Tax Question, Measure C (May 2014) A West Contra Costa Healthcare District Parcel Tax, Measure C ballot question was on the May 6, 2014 election ballot for voters in the West Contra Costa Healthcare District in November 15, 2016 Contra Costa County Board of Supervisors 815 Pg. C-8 8/26/16 Contra Costa County, California, where it was defeated. The tax would have provided an estimated $20 million in revenue per year for the hospital, https://ballotpedia.org/West_Contra_Costa_Healthcare_District_Parcel_Tax_Question,_ Measure_C_(May_2014) file: WCCHD Parcel Tax Question, Measure C (May 2014) - Ballotpedia.pdf East Bay hospital may close after voters reject tax measure, 5/7/14, Bay City News Story about implications to DMC after tax measure lost. http://a.abclocal.go.com/story?section=news/health&id=9530929 file: http://a.abclocal.go.com/story?section=news/health&id=9530929 November 15, 2016 Contra Costa County Board of Supervisors 816 RECOMMENDATION(S): ACKNOWLEDGE receipt of the certification of facts and request to fill two seats on the West Contra Costa Healthcare District Board of Directors, attached, provided by the County Registrar of Voters for the November 8, 2016 election. 1. APPOINT Deborah Campbell to the West Contra Costa Healthcare District Board of Directors to a four-year term commencing December 2, 2016. 2. CONSIDER appointing Dr. Bill Van Dyk to fill the remaining seat on the West Contra Costa Healthcare District Board, as recommended by District Board Chair Eric Zell. 3. FISCAL IMPACT: No fiscal impact to Contra Costa County. BACKGROUND: Two seats on the West Contra Costa Healthcare District Board of Directors were scheduled to be filled via the November 8, 2016 election. Only one person, Deborah Campbell, filed a declaration of candidacy for this elective office. Under Elections Code section 10515 and based on the facts that have been certified by the County Elections APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Asst. County Registrar D. 6 To:Board of Supervisors From:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:APPOINTMENTS TO THE WEST CONTRA COSTA HEALTHCARE DISTRICT BOARD OF DIRECTORS November 15, 2016 Contra Costa County Board of Supervisors 817 BACKGROUND: (CONT'D) Department, the Board of Supervisors is required to appoint Deborah Campbell to one of the open seats. The Board of Supervisors may appoint any other qualified registered voter in the district to the other seat. Both appointments are to be made "prior to the Monday before the first Friday in December in which the election is held", which is this year would be on or before November 23, 2016. By letter dated September 8, 2016, the West Contra Costa Healthcare District was advised that only one candidate had filed for candidacy for the two seats, and the District's governing body was asked to make a recommendation for filling the second seat by October 7, 2016. To our knowledge, the District governing body declined to do so. Consequently, the Board, today, should appoint Ms. Campbell to fill one of the seats and should consider appointing another qualified registered voter in the District to the other seat, as required by statute. With regard to the other seat, attached is a letter from Eric Zell, chair of the West Contra Costa Healthcare District board of directors, transmitting his personal recommendation that Dr. Bill Van Dyk be appointed to the seat. Mr. Van Dyk is a registered voter in the West Contra Costa Healthcare District. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not make these appointments, it would not be following the requirements of the Elections Code. CLERK'S ADDENDUM ACCEPTED the resume of Dr. Bill Van Dyk into the record (attached); ACKNOWLEDGED receipt of the certification of facts and request to fill two seats on the West Contra Costa Healthcare District Board of Directors; APPOINTED Deborah Campbell to the West Contra Costa Healthcare District Board of Directors to a four-year term commencing December 2, 2016; and APPOINTED Dr. Bill Van Dyk to fill the remaining seat on the West Contra Costa Healthcare District Board. AGENDA ATTACHMENTS Elections Certification of Facts of WCCHD Election Letter from Eric Zell Recommending Dr. Bill Van Dyk to the WCCHD Board of Directors MINUTES ATTACHMENTS Resume Dr. Van Dyk November 15, 2016 Contra Costa County Board of Supervisors 818 November 15, 2016 Contra Costa County Board of Supervisors 819 November 15, 2016 Contra Costa County Board of Supervisors 820 November 15, 2016 Contra Costa County Board of Supervisors 821 November 15, 2016 Contra Costa County Board of Supervisors 822 November 15, 2016 Contra Costa County Board of Supervisors 823 November 15, 2016 Contra Costa County Board of Supervisors 824 November 15, 2016 Contra Costa County Board of Supervisors 825 November 15, 2016 Contra Costa County Board of Supervisors 826 November 15, 2016 Contra Costa County Board of Supervisors 827 RECOMMENDATION(S): CREATE a Sustainability Commission to advise the Board on issues related to the County’s Climate Action Plan and opportunities to realize equity and fairness across the diverse communities of Contra Costa County in sustainability programs that support the Climate Action Plan, and provide suggestions to staff and the Board on how to better engage Contra Costa County residents and businesses on sustainability issues and implementation of the Climate Action Plan, as recommended by the Ad Hoc Sustainability Committee. FISCAL IMPACT: The fiscal impact of establishing a Sustainability Commission will consist of in-kind time and resources from the County to staff the Sustainability Commission. These services will be provided by the Sustainability Coordinator, who is based in the Department of Conservation and Development (DCD). Costs for the Sustainability Coordinator are covered by General Fund revenues approved for this purpose in the County's FY 2016-17 Budget. BACKGROUND: In December 2015, the Board of Supervisors adopted the County’s Climate Action Plan (CAP). The CAP establishes goals for reducing greenhouse gas emissions in Contra Costa County by 2020 and 2035. These emission reduction goals are in six sectors: energy efficiency, renewable energy, land use and transportation, waste, water, and government operations. The goals encompass the unincorporated areas of the County and County government operations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Jody London, 925-674-7871 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 7 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 15, 2016 Contra Costa County Subject:Contra Costa County Sustainability Commission November 15, 2016 Contra Costa County Board of Supervisors 828 BACKGROUND: (CONT'D) > Contra Costa County residents, community groups, and businesses have deep interest, expertise, and experience in sustainability issues. Some gravitate more to specific aspects of sustainability and the CAP, and/or work on these issues in a region of the County. As the County deepens its work on sustainability, it can take advantage of the human resources within the County to advise the Board on successful implementation of the CAP, including suggestions on how that work can be performed more efficiently and effectively and engage more of the County’s residents. The Board's Ad Hoc Sustainability Committee approved this recommendation on October 24, 2016. Supervisor Glover was not in attendance. Below are details on the Sustainability Commission’s recommended function, composition, and other operating protocols. Function : The function of the Sustainability Commission will be to: Provide advice to staff and the Board on successful implementation of the Climate Action Plan, including suggestions on how that work can be performed more efficiently and effectively. Advise the Board on opportunities to realize equity and fairness across the diverse communities of Contra Costa County in sustainability programs that support the Climate Action Plan. Provide suggestions to staff and the Board on how to better engage Contra Costa County residents and businesses on sustainability issues and implementation of the Climate Action Plan. Sunset Date: None. Reports To : Board of Supervisors. Membership: Ten members, selected as follows: Five members- one member from each Supervisorial district (must be a resident of that district), nominated by the Supervisor for that district, and approved by the Board of Supervisors; Two members representing community groups whose mission includes sustainability and/or environmental issues; Two members representing commercial groups or organizations whose business focuses on sustainability and/or environmental issues; and One member representing environmental justice issues and who lives in a disadvantaged community. Committee meetings operate under the County’s Better Government Ordinance and are open to the public. Office Term: Two years, with initial terms being staggered in order to maintain continuity of committee deliberations. Term Limits: None. Meeting Time: To be determined. Compensation : None. Process for Selecting Members: The five Members from each Supervisorial district will be nominated directly by each Supervisor and approved by the Board of Supervisors. The five Members representing community groups, commercial groups or organizations, and environmental justice issues will apply through the Clerk of the Board's Office and then be interviewed by the Ad Hoc Sustainability Committee or other Committee designated by the Board. The Ad Hoc Sustainability Committee will forward to the Board for approval the recommended candidates for those five seats. November 15, 2016 Contra Costa County Board of Supervisors 829 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not create a Sustainability Commission, the Board will not benefit from such community engagement in the County’s sustainability policies. CHILDREN'S IMPACT STATEMENT: While this is not a direct service program for children and youth up to the age of 18, the goals of the Climate Action Plan have a direct impact on outcome 5 in the Children Report Card: Communities that are Safe and Provide a High Quality of Life for Children and Families. The Sustainability Commission will provide advice to the Board that can improve environmental conditions for children and their parents and caregivers in Contra Costa County. CLERK'S ADDENDUM Jan Warren, Interfaith Climate Action Network of CCC did not wish to speak but left written comments for consideration (attached). AGENDA ATTACHMENTS MINUTES ATTACHMENTS Correspondence Received November 15, 2016 Contra Costa County Board of Supervisors 830 November 15, 2016 Contra Costa County Board of Supervisors 831 RECOMMENDATION(S): ADOPT Resolution No. 2016/643 approving the Side Letter between Contra Costa County and the Physicians’ and Dentists’ Organization of Contra Costa (PDOCC) modifying the Preamble and Section 35.4 Duration of Agreement of the Memorandum of Understanding to extend the contract from October 31, 2016 through February 28, 2017. FISCAL IMPACT: No fiscal impact. BACKGROUND: This Side Letter extends the current memorandum of understanding from October 31, 2016 to February 28, 2017, to allow both parties to work together to negotiate an agreement. CONSEQUENCE OF NEGATIVE ACTION: Members will continue working under an expired contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Jeffrey Bailey, Labor Relations Manager D. 8 To:Board of Supervisors From:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:Resolution No. 2016/643 - Physicians' and Dentists' Organization of Contra Costa Side Letter Extending Duration of Agreement November 15, 2016 Contra Costa County Board of Supervisors 832 AGENDA ATTACHMENTS Resolution No. 2016/643 PDOCC Side Letter dated 11/3/16 MINUTES ATTACHMENTS Signed Resolution No. 2016/643 November 15, 2016 Contra Costa County Board of Supervisors 833 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/643 In the Matter of: The Side Letter Agreement between the County of Contra Costa and the Physicians' and Dentists' Organization of Contra Costa, extending the Duration of Agreement The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa RESOLVES THAT: Effective October 31, 2016, the attached Side Letter of Agreement dated November 3, 2016, between the County of Contra Costa and the Physicians' and Dentists' Organization of Contra Costa, be ADOPTED. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Jeffrey Bailey, Labor Relations Manager 5 November 15, 2016 Contra Costa County Board of Supervisors 834 November 15, 2016 Contra Costa County Board of Supervisors 835 November 15, 2016Contra Costa County Board of Supervisors836 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of Contra Costa County (County), the Real Property Services Agreement (Agreement), to provide right of way services, and the Cooperative Agreement for the Exercise of the Power of Eminent Domain, with the Contra Costa Transportation Authority (CCTA), a public agency, for the I-680 North Express Lanes Project (“Project”), effective April 1, 2016, I-680 Corridor area. (Project No: 4660-6X4172) ADOPT the previously approved Initial Study Negative Declaration/Environmental Assessment with Finding of No Significant Impact, prepared by the State of California Department of Transportation (Caltrans) and the Contra Costa Transportation Authority (CCTA) (CEQA Lead Agency), to address necessary real property transactions associated with the I-680 Southbound Express Lanes Project in compliance with the California Environmental Quality Act (CEQA). DIRECT the Director of the Department of Conservation and Development (DCD), or his designee, to file a CEQA Notice of Determination with the County Clerk; and AUTHORIZE the Public Works Director to arrange payment of a $25 fee to DCD for processing, and a $50 fee to the County Clerk for filing the Notice of Determination. (DCD-CP#16-47, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carmen Pina-Delgado, (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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Auditor-Controller, M. Estacio, Finance (w/enc), Susan Miller, CCTA (w/enc) C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Approve Contract with Contra Costa Transportation Authority for its I-680 North Express Lanes Project November 15, 2016 Contra Costa County Board of Supervisors 837 RECOMMENDATION(S): (CONT'D) State Clearinghouse Number 2013102020) DIRECT the Real Estate staff of the Public Works Department to deliver fully executed copies of the Real Property Services Agreement and the Cooperative Agreement to CCTA. FISCAL IMPACT: 100% Contra Costa Transportation Authority BACKGROUND: Contra Costa Transportation Authority (“CCTA”) requires a variety of right-of-way services for its I-680 North Express Lanes Project (“Project”), but has no right of way staff. CCTA desires to contract with the County for these right of way services. Under the Real Property Services Agreement, Public Works Department, Real Estate Division staff will perform various right-of-way services, including but not limited to right of way appraisal, negotiations, and supervision of independent consultants. CCTA will pay the County for those services based on County’s labor costs. The Real Property Services agreement is attached. CCTA also desires to designate the County as the agency that will exercise the power of eminent domain for the Project. The purpose of the Cooperative Agreement is to allocate responsibilities for the acquisition of property for the Project by eminent domain. The cooperative agreement is attached. CCTA will pay all costs and expenses associated with the County’s participation in the matters covered by the Real Property Services Agreement and Cooperative Agreement, including but not limited to County Counsel and Public Works staff time. CCTA is the Project’s California Environmental Quality Act (“CEQA”) lead agency. The County is a CEQA responsible agency. As the lead agency, CCTA adopted the CEQA Negative Declaration for the Project. As a responsible agency, the County has independently considered the environmental effects of the Project as shown in the Negative Declaration and is adopting the document for the purpose of addressing real property transactions. CONSEQUENCE OF NEGATIVE ACTION: CCTA will not be able to contract for the County’s right-of-way services and the County will not be able to move forward with the real property transactions necessary for the project. AGENDA ATTACHMENTS CCTA I-680 Express Lane Project - Real Property Service Agreement CCTA I-680 Express Lane Project - Coop Agreement CEQA I-680 Express Lane Project MINUTES ATTACHMENTS Signed Agreements November 15, 2016 Contra Costa County Board of Supervisors 838 1 REAL PROPERTY SERVICES AGREEMENT 1. Effective Date and Parties. Effective on ______________________, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), and the CONTRA COSTA TRANSPORTATION AUTHORITY, a public agency, ("CCTA”), hereby mutually promise and agree as follows: 2. Purpose. CCTA has no right of way staff and desires to contract with the County for various real estate services to acquire property for CCTA’s I-680 North Express Lanes Project (“Project”). 3. Services by County. County will provide CCTA the following services, as directed by CCTA, to acquire property interests required for the Project: appraisal and appraisal review; negotiations, land rights document preparation; right of way acquisition; right of way project management; title and escrow support; right of way certification and/or supervision of independent contractors providing such services, all as more particularly described in the “I-680 Express Lanes Project Scope of Services” attached hereto and incorporated herein by reference (all of which constitute “Services”). The County warrants that it will perform these Services in accordance with accepted professional standards and procedures. 4. Payment for Services. CCTA shall reimburse the County, at the hourly charge out rates in Appendix “A”, attached hereto, for all time that County real property agents perform Services for CCTA under this Agreement. CCTA shall reimburse County for the reasonable costs of experts and contractors retained by County in the performance of the Services. CCTA shall reimburse County for all other expenses County incurs in the performance of the Services, including but not limited to all acquisition settlements and any other costs of acquisition such as title fees, recording fees, and escrow costs that the County actually incurs to perform the Services, or payment directly into escrow, the agreed upon purchase price and other related costs such as title policies and outside counsel legal fees. Payments by CCTA shall be made within 60 calendar days of billing by County. CCTA’s total payments to County under this Agreement shall not exceed the Total Project Budget listed in Appendix “A” attached hereto. 5. Indemnification. The County shall defend, indemnify, and hold harmless CCTA, its officers, and its employees for any claims, liabilities, damage, injury, or death of or to any person, or the property of any person, including attorney's and expert fees, (collectively, "Liabilities") that arise out of the willful misconduct or the negligent acts, errors, or omissions of the County, its officers, employees, agents, and volunteers, in performing any of its or their obligations under this Agreement. Notwithstanding anything to the contrary, County shall not be obligated to indemnify CCTA, its officers, and employees for any portion of Liabilities that arise out of CCTA’s, or its officers’ or employees’ willful misconduct or negligent acts, errors, or omissions. CCTA shall defend, indemnify, and hold harmless County its officers, and its employees for any Liabilities that arise out of the willful misconduct or the negligent acts, errors, or omissions of CCTA, its officers, employees, agents and volunteers, in performing any of its November 15, 2016 Contra Costa County Board of Supervisors 839 2 or their obligations under this Agreement. Notwithstanding anything to the contrary, CCTA shall not be obligated to indemnify County, its officers, and its employees for any portion of Liabilities that arise out of County's, or it officers’ or employees’ willful misco nduct or negligent acts, errors, or omissions. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a CCTA employee. 7. Term. The term of this Agreement shall commence on the effective date hereof and shall end upon termination by either party upon 30 calendar days’ written notice. The rights and obligations of Paragraph 5 "Indemnification" shall survive any such termination. Within 30 calendar days after the termination of this Agreement, CCTA shall pay the County for all unpaid charges and costs for Services the County provided, and for all expenses that it incurred during the performance of those Services, under this Agreement through the termination of the Agreement. 8. Notices. Any notice required to be given to County and CCTA hereunder will be sufficient if delivered in writing as designated below, or to such other addresses as County and CCTA may respectively designate by written notice to the other: To County: Contra Costa County Public Works Department c/o Real Estate Division 255 Glacier Drive Martinez, CA 94553 925-313-2220 To CCTA: Contra Costa Transportation Authority c/o Susan Miller 2999 Oak Road, Suite 100 Walnut Creek, CA 94597 925-256-4736 Notice given by personal delivery shall be deemed complete upon delivery. Notice given by Overnight Carrier shall be deemed complete on the day after it is postmarked. Notice given by U.S. Mail shall be deemed complete on the third day after it is postmarked. 9. Entire Agreement. This Agreement contains the entire agreement between the County and CCTA 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 County and CCTA. The County and CCTA acknowledge that no representations, inducements, promises, or statements, oral or otherwise, have been made by either of them or by anyone acting on behalf of them that are not embodied or incorporated by reference herein, and further agree that no other covenant, representation, inducement, promise, or statement not set forth in this Agreement shall be valid or binding. 10. Amendments and Modifications. This Agreement may not be modified or amended except in a writing that is approved by the County and CCTA. 11. Governing Law. This Agreement shall be governed by and construed in accordance with California law. Venue shall be in a court of competent jurisdiction situated in Contra Costa County. November 15, 2016 Contra Costa County Board of Supervisors 840 3 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 13. 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. 14. No Third-Party Beneficiaries. Nothing in this Agreement creates, nor shall it be interpreted to create, any third-party beneficiaries. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY By _____________________________ By ____________________________ Chair, Board of Supervisors David E. Hudson Chair ATTEST:________________________ David Twa, Clerk of the Board of Supervisors and County Administrator Recommended to the County By ____________________________ Board of Supervisors for Approval: Randell H. Iwasaki Executive Director By _____________________________ Karen A. Laws Principal Real Property Agent By _____________________________ Julia R. Bueren Public Works Director Approved as to Form: Approved as to Form: Sharon L. Anderson, County Counsel Legal Counsel for CCTA By By ____________________________ Stephen M. Siptroth Malathy Subramanian Deputy County Counsel Legal Counsel :cps:sd \\PW-DATA\grpdata\realprop\CCTA I-680 North Express Lanes\Admin - Contracts - BOs\CCTA_ A060216 (I680 Express Lane Real Property Services Agreement) (bbk revised - 9-7-2-16)-c2 (rev 10-13-16 CPD).doc November 15, 2016 Contra Costa County Board of Supervisors 841 4 I-680 EXPRESS LANES PROJECT SCOPE OF SERVICES 1. Administration (RAD) – The County will perform duties that cover general Project management for right of way acquisition. These services include but are not necessarily limited to: a) Developing and monitoring right of way project schedule; b) Obtaining and reviewing title reports; c) Working with design team to develop property rights needs; d) Attending regularly scheduled trend/staff meetings; e) Attending and making presentations at public meetings, if necessary; f) Soliciting COUNTYs for appraisal and relocation services; g) Selecting COUNTYs, administer contracts and process payments. h) Setting up individual acquisition files for each parcel; i) Investigating ownerships, easements and title concerns; j) Preparing & coordinating with Caltrans to secure approved R/W Certifications; and k) Assist in reviewing documents for determining utility rights. 2. Valuation (RVL) – The County will prepare and review appraisals. The appraisals will be in conformance with state standards. The County’s Real Estate Division shall have sole discretion to determine whether County's Real Estate Division staff or outside MAl designated appraisers will complete each appraisal. Valuation services provided by the County will include, but may not be limited to: a) Preparing and mailing Letters of Invitation to appraise; b) Providing technical information to appraisers; c) Acting as liaison between outside appraisers and design/engineering team; and d) Reviewing and approving appraisals. 3. Negotiations (RNG) – The County will provide negotiation services required to acquire property for the Project. County's Principal Real Property Agent will assign County's Real Estate agents to parcels according to the agent's ability and the complexity of the appraisal and any acquisition issues. Negotiation services provided by the County will include, but may not be limited to: a) Review of title reports, appraisals, legal descriptions, maps and other documents in sufficient detail in preparation for negotiations; b) Maintaining a complete acquisition file on each property assigned; Preparing deeds, easements and right of way contracts; c) Initiating contact with property owner(s) or their representative to present written offer. Conducting negotiations and following up with property owners as necessary to arrive at a mutually agreeable settlement; d) Acting as a liaison with appraisers, COUNTYs staff, and CCTA staff; e) Utilizing legal counsel where necessary in development of final agreements; and f) Advising Principal as to necessity of eminent domain action. November 15, 2016 Contra Costa County Board of Supervisors 842 5 4. Condemnation (RED) – In cases where an eminent domain action is necessary in order to secure the right of way for project construction, County’s Real Estate Division will lead the process to obtain orders of possession. Real Estate staff will work closely with County Counsel to expedite this process and proceed with a Resolution of Necessity and obtain Orders of Possession so that certification and construction schedules can be met. Services outlined here do not include costs and work required after the Order of Possession where County Counsel will prosecute each eminent domain action to a final judgment in condemnation. Services will include: a) Identifying and locating all parties to the action; b) Adoption of Resolution of Necessity by County Board of Supervisors; c) Preparing condemnation packages and exhibits for County Counsel; and d) Service of Order for Immediate Possession to all parties November 15, 2016 Contra Costa County Board of Supervisors 843 6 APPENDIX “A” Pay Rate Schedule CCTA shall reimburse the COUNTY for labor costs as detailed below: 1. COUNTY direct labor rates shall include the base salary wages paid to personnel plus fringe benefits. Total labor rate shall include direct labor rate multiplied by County's overhead rate. The total labor rate shall not exceed the range of labor rates by classification, included as Attachment 1. 2. COUNTY's overhead rate shall be a summation of division and department overhead rates. Appropriate overhead rates for COUNTY shall be developed based on procedure previously approved as described below: In general, the division overhead rates are determined by identifying each division's total expenditures after adjustments less any non-labor generated revenue. The division expenditures are then divided by the productive hours for the division establishing the overhead rate needed to cover the remaining net cost of division expenditures. The department overhead rates are determined similar to the division rate by dividing the total department expenditures by the total billable hours. Each year overhead rates will be evaluated and adjusted to reflect the actual costs from the previous fiscal year. 3. COUNTY may adjust both labor rates and overhead rates periodically due to contracted salary increases and overhead rate changes. COUNTY shall submit any changes to rates to CCTA prior to invoicing. November 15, 2016 Contra Costa County Board of Supervisors 844 7 ATTACHMENT 1 Contra Costa Transportation Authority: I-680 North Express Lanes Project One Permanent Easement, Two Temporary Construction Easements (TCE) ADMINISTRATION $ 13,000.00 APPRAISAL $ 6,000.00 NEGOTIATIONS/ACQUISITION $ 5,000.00 RIGHT OF WAY CERTIFICATION $ 5,000.00 CONDEMNATION $ 5,000.00 LEGAL COUNSEL-CONTRACT REVIEW $ 1,500.00 ENVIRONMENTAL/CEQA $ 2,500.00 TOTAL ESTIMATED PROJECT BUDGET: $38,000.00 REAL PROPERTY AGENT HOURLY CHARGE OUT RATE Hourly Rate Principal Real Property Agent $208/hr to $220/hr Supervising Real Property Agent $163/hr to $182/hr Senior Real Property Agent $153/hr to $166/hr Assistant Real Property Agent $110/hr to $130/hr Senior Real Property Technical Assistant $103/hr to $117/hr Real Property Technical Assistant $ 77/hr to $109/hr November 15, 2016 Contra Costa County Board of Supervisors 845 Page 1 of 4 COOPERATIVE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN FOR THE I-680 NORTH EXPRESS LANES PROJECT This Cooperative Agreement (“AGREEMENT”) is entered into effective this day of , 2016, by and between the CONTRA COSTA COUNTY, a political subdivision of the State of California (referred to herein as “COUNTY”) and the CONTRA COSTA TRANSPORTATION AUTHORITY, a public entity (referred to herein as “CCTA”), pursuant to the provisions of Streets and Highways Code sections 114 and 130 and Code of Civil Procedure section 1240.140. COUNTY and AUTHORITY are sometimes referred to together as the “PARTIES,” and each as a “PARTY.” RECITALS A. On September 17, 2014 CCTA approved the I-680 North Express Lanes Project (“PROJECT”) and issued an Initial Study with Mitigated Negative Declaration pursuant to the California Environmental Quality Act. B. On _______, 2016, CCTA issued a Categorical Exemption/Categorical Exclusion for Conversion of the HOV Lanes to Tolled Express Lanes pursuant to the California Environmental Quality Act and National Environmental Policy Act. C. To construct the PROJECT as planned, certain Pacific Gas and Electric Company (“PG&E”) facilities will need to be relocated. Property rights will need to be acquired to complete that relocation. C. On April 1, 2016, COUNTY and CCTA entered into a Real Property Services Agreement under which COUNTY will provide, and CCTA will pay for, PROJECT- related right-of-way services, including appraisal, appraisal review, negotiation, land rights documentation preparation, right-of-way acquisition, and/or supervision of independent contractors providing those services . The original Real Property Services Agreement is maintained on file by COUNTY and by CCTA. D. The purpose of this AGREEMENT is to document COUNTY's authority to exercise the power of eminent domain for the acquisition of property for PROJECT on behalf of CCTA pursuant to Code of Civil Procedure section 1240.140. This AGREEMENT is, and at all times remains, relevant to the PROJECT, and it will continue to constitute the authorization for an exercise of the power of eminent domain as the work is processed by the COUNTY with respect to the acquisition of any real property or interest therein required (i) for the PROJECT; (ii) to protect and preserve the safety and usefulness of the PROJECT, or mitigate the effect of the PROJECT; or (iii) to be acquired as a condition of any permit for the PROJECT. November 15, 2016 Contra Costa County Board of Supervisors 846 Page 2 of 4 AGREEMENT 1. Term: The term of this AGREEMENT shall remain in effect until the COUNTY’S authorization to perform eminent domain and other services relating to PROJECT-related property acquisition is completed, unless it is earlier terminated by either party upon 30 days’ written notice. 2. Lead Agency: COUNTY and CCTA hereby agree that, pursuant to the terms of this AGREEMENT, and notwithstanding anything to the contrary in the AGREEMENT, COUNTY is designated as the Agency to administer the portion of the AGREEMENT relating to the acquisition of real property for the PROJECT, through eminent domain or otherwise, by and through its Board of Supervisors, COUNTY officials and departments, and COUNTY attorneys. 3. Powers: COUNTY and CCTA hereby agree, at all relevant times, COUNTY has, and shall continue to have, the authority relating to the PROJECT, to: A. Conduct all public hearings necessary to adopt a Resolution of Necessity; B. Take whatever steps are necessary to initiate, conduct, and resolve or conclude such eminent domain proceedings as are necessary to obtain title to any and all real property interests that are required for the construction of PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT, or to mitigate the effects of the PROJECT, or otherwise required to be acquired as a condition of any permit for the PROJECT; and C. In connection therewith, to enter into any and all contracts to obtain performance of all legal, engineering, appraisal, right-of-way acquisition, relocation assistance and related services. 4. Costs: CCTA will reimburse the COUNTY for reasonable costs to acquire property interests required for the PROJECT as set forth in the Real Property Services Agreement. In addition to those costs, CCTA shall reimburse the COUNTY for all reasonable legal expenses by County Counsel and outside counsel, court costs, engineering costs, appraisal costs, and other costs that the COUNTY incurs to condemn property interests required for the PROJECT. CCTA shall also be responsible for issuing payment to property owners of just compensation for any and all property rights acquired by negotiation, settlement, condemnation award, or otherwise as required for the PROJECT. When reasonably requested by COUNTY, CCTA shall issue checks to make deposits required to obtain possession of property rights before judgment in eminent November 15, 2016 Contra Costa County Board of Supervisors 847 Page 3 of 4 domain actions for the purposes set forth in this Agreement. Notwithstanding anything to the contrary, in this Agreement, CCTA’s total payments to COUNTY under this Agreement shall not exceed the Total Project Budget listed in Appendix “A” attached to the Real Property Services Agreement between CCTA and COUNTY, effective April 1, 2016, pertaining to the PROJECT, as may be amended in the future. 5. Indemnification: The COUNTY shall defend, indemnify, and hold harmless CCTA, its officers, and its employees for any claims, liabilities, damage, injury, or death of or to any person, or the property of any person, including attorney's and expert fees, (collectively, "Liabilities") that arise out of the willful misconduct or the negligent acts, errors, or omissions of the COUNTY, its officers, employees, agents, and volunteers, in performing any of its or their obligations under this Agreement. Notwithstanding anything to the contrary, COUNTY shall not be obligated to indemnify CCTA, its officers, and employees for any portion of Liabilities that arise out of CCTA’s, or its officers’ or employees’ willful misconduct or negligent acts, errors, or omissions. CCTA shall defend, indemnify, and hold harmless COUNTY its officers, and its employees for any Liabilities that arise out of the willful misconduct or the negligent acts, errors, or omissions of CCTA, its officers, employees, agents and volunteers, in performing any of its or their obligations under this Agreement. Notwithstanding anything to the contrary, CCTA shall not be obligated to indemnify COUNTY, its officers, and its employees for any portion of Liabilities that arise out of COUNTY’s, or its officers’ or employees’ willful misconduct or negligent acts, errors, or omissions. 6. Subject Property; Title: COUNTY and CCTA hereby agree that COUNTY has the right to exercise the powers granted by eminent domain law to acquire any real property, any interest therein, and any appurtenance thereto, required for the PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT, or otherwise required to be acquired as a condition of any permit for the PROJECT; and COUNTY shall transfer title to said properties to PG&E, unless otherwise directed by CCTA. 7. Counterparts: This AGREEMENT may be signed in counterparts and shall become effective upon its execution by the COUNTY and CCTA, each copy having the same force and effect as an original. [SIGNATURES ON NEXT PAGE] November 15, 2016 Contra Costa County Board of Supervisors 848 Page 4 of 4 CONTRA COSTA COUNTY Approved as to Legal Form: Sharon L. Anderson, County Counsel By: By:____________________________ Name:____________________________ Stephen M. Siptroth Chair, Board of Supervisors Deputy County Counsel CONTRA COSTA TRANSPORTATION Approved as to Legal Form: AUTHORITY Legal Counsel for CCTA By: By:____________________________ David E. Hudson Malathy Subramanian Chair Legal Counsel Attest: By:____________________________ Randall H. Iwasaki Executive Director \\PW-DATA\grpdata\realprop\CCTA I-680 North Express Lanes\Admin - Contracts - BOs\CCTA_ A052616 (I 680 N Express Coop Agreement).doc November 15, 2016 Contra Costa County Board of Supervisors 849 November 15, 2016 Contra Costa County Board of Supervisors 850 November 15, 2016 Contra Costa County Board of Supervisors 851 November 15, 2016 Contra Costa County Board of Supervisors 852 November 15, 2016 Contra Costa County Board of Supervisors 853 November 15, 2016 Contra Costa County Board of Supervisors 854 November 15, 2016 Contra Costa County Board of Supervisors 855 November 15, 2016 Contra Costa County Board of Supervisors 856 November 15, 2016 Contra Costa County Board of Supervisors 857 November 15, 2016 Contra Costa County Board of Supervisors 858 November 15, 2016 Contra Costa County Board of Supervisors 859 November 15, 2016 Contra Costa County Board of Supervisors 860 November 15, 2016 Contra Costa County Board of Supervisors 861 November 15, 2016 Contra Costa County Board of Supervisors 862 November 15, 2016 Contra Costa County Board of Supervisors 863 RECOMMENDATION(S): ADOPT Resolution No. 2016/624 accepting completion of private improvements for subdivision SD05-08992 for a project developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The developer has completed the private improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of private improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, Design and Construction, C. Hallford, Mapping Division, Lori Leontini, Engineering Services, Lori Brown, Hofmann Land Development Company, Liberty Mutual Insurance Company Attn: Kathleen Beck C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Accepting completion of private improvements for subdivision SD05-08992, Discovery Bay area. November 15, 2016 Contra Costa County Board of Supervisors 864 AGENDA ATTACHMENTS Resolution No. 2016/624 MINUTES ATTACHMENTS Signed: Resolution No. 2016/624 November 15, 2016 Contra Costa County Board of Supervisors 865 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/624 IN THE MATTER OF accepting completion of private improvements for subdivision SD05-08992 for a project developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) The Public Works Director has notified this Board that the private improvements in subdivision SD05-08992 have been completed as provided in the Subdivision Agreement with Hofmann Land Development Company, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. WHEREAS these improvements are approximately located near Fallman Boulevard. NOW, THEREFORE, BE IT RESOLVED that the private improvements have been COMPLETED as of November 15, 2016, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: September 19, 2006 NAME OF SURETY: Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,443,300, Bond No. 070003060 issued by the above surety be RETAINED for the six month lien guarantee period until May 15, 2017, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Fallman Boulevard, North Lakefront Loop, Harborhaven Way, Bay Harbor Way, Keyesport Way, Lakehead Way, Harbor Cove Circle and Lakehead Court for the hereinafter described private roads, as shown and dedicated for private use on the Final Map of Subdivision SD05-08992 filed September 25, 2006, in Book 495 of final maps at Page 29, Official Records of Contra Costa County, State of California, have been COMPLETED and are NOT ACCEPTED. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $28,870 cash security for performance (Auditor's Deposit Permit No. 466458, dated June 29, 2006) plus interest in accordance with Government Code Section 53079, if appropriate, to Hofmann Land Development Company, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 070003060, dated August 8, 2006 are EXONERATED (after the six month lien guarantee period). 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, Design and Construction, C. Hallford, Mapping Division, Lori Leontini, Engineering Services, Lori Brown, Hofmann Land Development Company, Liberty Mutual Insurance Company Attn: Kathleen Beck 5 November 15, 2016 Contra Costa County Board of Supervisors 866 November 15, 2016 Contra Costa County Board of Supervisors 867 RECOMMENDATION(S): ADOPT Resolution No. 2016/626 accepting completion of private improvements for subdivision SD06-09067, for a project developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The developer has completed the private improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of private improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, S. Reed, Design/Construction, C. Hallford, Mapping Division, Lori Leontini, Engineering Services, Lori Brown, Hofmann Land Development Company, Liberty Mutual Insurance Company Attn: Kathleen Beck C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Accepting completion of private improvements for subdivision SD06-09067, Discovery Bay area. November 15, 2016 Contra Costa County Board of Supervisors 868 AGENDA ATTACHMENTS Resolution No. 2016/626 MINUTES ATTACHMENTS Signed: Resolution No. 2016/626 November 15, 2016 Contra Costa County Board of Supervisors 869 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/626 IN THE MATTER OF accepting completion of private improvements for subdivision SD06-09067 for a project developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) The Public Works Director has notified this Board that the private improvements in subdivision SD06-09067 have been completed as provided in the Subdivision Agreement with Hofmann Land Development Company, heretofore approved by this Board in conjunction with the filing of the Subdivision Map WHEREAS these improvements are approximately located near Fallman Boulevard. NOW, THEREFORE, BE IT RESOLVED that the private improvements have been COMPLETED as of November 15, 2016, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: July 8, 2008 NAME OF SURETY: Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $584,650, Bond No. 070006341 issued by the above surety be RETAINED for the six month lien guarantee period until May 15, 2017, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Calypso Court, Tradewinds Circle and Headwater Way for the hereinafter described private roads, as shown and dedicated for private use on the Final Map of Subdivision SD06-09067 filed July 18, 2008, in Book 507 of final maps at Page 01, Official Records of Contra Costa County, State of California, have been COMPLETED and are NOT ACCEPTED. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $11,693 cash security for performance (Auditor's Deposit Permit No. 504612, dated June 12, 2008) plus interest in accordance with Government Code Section 53079, if appropriate, to Hofmann Land Development Company, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 070006341, dated May 28, 2008 are EXONERATED (after the six month lien guarantee period). 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, S. Reed, Design/Construction, C. Hallford, Mapping Division, Lori Leontini, Engineering Services, Lori Brown, Hofmann Land Development Company, Liberty Mutual Insurance Company Attn: Kathleen Beck 5 November 15, 2016 Contra Costa County Board of Supervisors 870 November 15, 2016 Contra Costa County Board of Supervisors 871 RECOMMENDATION(S): ADOPT Resolution No. 2016/599 accepting completion of improvements for road acceptance RA12-01250 (cross-reference subdivision SD14-09341) for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% Developer Fees BACKGROUND: The developer has completed the public improvements in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, Design and Construction, Chris Lau, Maintenance, Chris Hallford, Mapping, Lori Leontini, Engineering Services, Jorge Hernandez, Engineering Services, Lori Brown, Finance, C. Low, City of San Ramon C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Accepting completion of public and private improvements for road acceptance RA12-01250, San Ramon (DoughertyValley) area. November 15, 2016 Contra Costa County Board of Supervisors 872 AGENDA ATTACHMENTS Resolution No. 2016/599 Offer of Dedication RA12-01250 MINUTES ATTACHMENTS Signed: Resolution No. 2016/599 November 15, 2016 Contra Costa County Board of Supervisors 873 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/599 IN THE MATTER OF: Accepting completion of improvements for road acceptance RA12-01250 (cross-reference subdivision SD14-09341) for a project a developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) The Public Works Director has notified this Board that the improvements in road acceptance RA12-01250 (cross-reference subdivision SD14-09431) have been completed. WHEREAS, these improvements are located near the south intersection of "new" Dougherty Road and Bollinger Canyon Road. NOW, THEREFORE, BE IT RESOLVED that the road improvements have been COMPLETED as of November 1, 2016, thereby establishing the six-month terminal period for the filing of liens in case of action under the Road Improvement Agreement: DATE OF AGREEMENT: October 13, 2015 NAME OF SURETY: North American Specialty Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,314,000 Bond No. 2177749 issued by the above surety be RETAINED for the six month lien guarantee period until May 1, 2017, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Hibiscus Road, Trumpet Vine Lane, Trefoil Vine Lane, Trefoil Road and Zinnia Court for the hereinafter described public improvements are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that improvements, dedicated for public use and conveyed by separate instrument, recorded on October 28, 2016, recording series number DOC-2016-0231667-00, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name: Hibiscus Road Length (miles): 0.06 Road/ROW Width: 70' System: Collector Road Name: Trumpet Vine Lane Length (miles): 0.31 Road/ROW Width: 49' System: Collector Road Name: Trefoil Road Length (miles): 0.16 Road/ROW Width: Varies 64'/46' System: Collector Road Name: Zinnia Court Length (miles): 0.56 Road/ROW Width: 46' System: Collector BE IT FURTHER RESOLVED that upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $27,000 cash deposit (Auditor's Deposit Permit No. DP694126, dated September 17, 2015) made by Toll Brothers, Inc., and the performance/maintenance surety bond for $621,000 Bond No. 217749 issued by North American Specialty Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. 5 November 15, 2016 Contra Costa County Board of Supervisors 874 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, Design and Construction, Chris Lau, Maintenance, Chris Hallford, Mapping, Lori Leontini, Engineering Services, Jorge Hernandez, Engineering Services, Lori Brown, Finance, C. Low, City of San Ramon November 15, 2016 Contra Costa County Board of Supervisors 875 November 15, 2016 Contra Costa County Board of Supervisors 876 November 15, 2016 Contra Costa County Board of Supervisors 877 November 15, 2016 Contra Costa County Board of Supervisors 878 November 15, 2016 Contra Costa County Board of Supervisors 879 November 15, 2016 Contra Costa County Board of Supervisors 880 November 15, 2016 Contra Costa County Board of Supervisors 881 November 15, 2016 Contra Costa County Board of Supervisors 882 November 15, 2016 Contra Costa County Board of Supervisors 883 RECOMMENDATION(S): ADOPT Resolution No. 2016/622 approving the fifth extension of the Subdivision Agreement for subdivision SD05-08992, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Subdivision Agreement needs to be extended. (Approximately 100% of the work has been completed to date.) The development is in the six month guarantee period and the bond needs to be kept up to date. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Hoffman Land Development Company Attn: Dave Martin, Liberty Mutual Insurance Company Attn: Kathleen Beck C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Approving the fifth extension of the Subdivision Agreement for subdivision SD05-08992, Discovery Bay area. November 15, 2016 Contra Costa County Board of Supervisors 884 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 the improvements installed, or revert the development to acreage. AGENDA ATTACHMENTS Resolution No. 2016/622 Subdivision Agreement Extension SD05-08992 MINUTES ATTACHMENTS Signed: Resolution No. 2016/622 November 15, 2016 Contra Costa County Board of Supervisors 885 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/622 IN THE MATTER OF approving the fifth extension of the Subdivision Agreement for subdivision SD05-08992, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) WHEREAS the Public Works Director having recommended that she be authorized to execute the fifth extension which extends the subdivision agreement between Hofmann Land Development Company and the County for construction of certain improvements in SD05-08992, Discovery Bay area, through July 8, 2017. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: September 13, 2016 BOND NO.: 070003060 Date: August 8, 2006 REASON FOR EXTENSION: The development is in the six month guarantee period and the bond needs to be kept up to date. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Hoffman Land Development Company Attn: Dave Martin, Liberty Mutual Insurance Company Attn: Kathleen Beck 5 November 15, 2016 Contra Costa County Board of Supervisors 886 November 15, 2016 Contra Costa County Board of Supervisors 887 November 15, 2016 Contra Costa County Board of Supervisors 888 November 15, 2016 Contra Costa County Board of Supervisors 889 November 15, 2016 Contra Costa County Board of Supervisors 890 November 15, 2016 Contra Costa County Board of Supervisors 891 RECOMMENDATION(S): ADOPT Resolution No. 2016/620 approving the fourth extension of the Subdivision Agreement for subdivision SD06-08993, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Subdivision Agreement needs to be extended. (Approximately 100% of the work has been completed to date.) The development is in the six month guarantee period and the bond needs to be kept up to date. 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 complete the improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Hoffman Land Development Company Attn: Dave Martin, Liberty Mutual Insurance Company Attn: Kathleen Beck C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Approving the fourth extension of the Subdivision Agreement for subdivision SD06-08993, Discovery Bay area. November 15, 2016 Contra Costa County Board of Supervisors 892 AGENDA ATTACHMENTS Resolution No. 2016/620 Subdivision Agreement Extension SD06-08993 MINUTES ATTACHMENTS Signed: Resolution No. 2016/620 November 15, 2016 Contra Costa County Board of Supervisors 893 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/620 IN THE MATTER OF approving the fourth extension of the Subdivision Agreement for subdivision SD06-08993, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) WHEREAS the Public Works Director having recommended that she be authorized to execute the fourth extension which extends the Subdivision Agreement between Hofmann Land Development Company and the County for construction of certain improvements in SD06-08993, Discovery Bay area, through December 19, 2017. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: September 13, 2016 BOND NO.: 070004755 Date: December 19, 2006 REASON FOR EXTENSION: The development is in the six month guarantee period and the bond needs to be kept up to date. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Hoffman Land Development Company Attn: Dave Martin, Liberty Mutual Insurance Company Attn: Kathleen Beck 5 November 15, 2016 Contra Costa County Board of Supervisors 894 November 15, 2016 Contra Costa County Board of Supervisors 895 November 15, 2016 Contra Costa County Board of Supervisors 896 November 15, 2016 Contra Costa County Board of Supervisors 897 November 15, 2016 Contra Costa County Board of Supervisors 898 November 15, 2016 Contra Costa County Board of Supervisors 899 RECOMMENDATION(S): ADOPT Resolution No. 2016/625 approving the sixth extension of the Subdivision Agreement for subdivision SD06-09067, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The terminal date of the Subdivision Agreement needs to be extended. (Approximately 100% of the work has been completed to date.) The development is in the six month guarantee period and the bond needs to be kept up to date. 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: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Hofmann Land Development Company, Liberty Mutual Insurance Company Attn: Kathleen Beck C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Approving the sixth extension of the Subdivision Agreement for subdivision SD06-09067, Discovery Bay area. November 15, 2016 Contra Costa County Board of Supervisors 900 AGENDA ATTACHMENTS Resolution No. 2016/625 Subdivision Agreement Extension SD06-09067 MINUTES ATTACHMENTS Signed: Resolution No. 2016/625 November 15, 2016 Contra Costa County Board of Supervisors 901 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/625 IN THE MATTER OF approving sixth extension of the Subdivision Agreement for subdivision SD06-09067, for a project being developed by Hofmann Land Development Company, as recommended by the Public Works Director, Discovery Bay area. (District III) WHEREAS the Public Works Director having recommended that she be authorized to execute the sixth extension which extends the subdivision agreement between Hofmann Land Development Company and the County for construction of certain improvements in SD06-09067, Discovery Bay area, through July 8, 2017. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ANTICIPATED DATE OF COMPLETION: September 13, 2016 BOND NO.: 070006341 Date: May 28, 2008 REASON FOR EXTENSION: The development is in the six month guarantee period and the bond needs to be kept up to date. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque, Engineering Services, Sherri Reed, Design and Construction, Hofmann Land Development Company, Liberty Mutual Insurance Company Attn: Kathleen Beck 5 November 15, 2016 Contra Costa County Board of Supervisors 902 November 15, 2016 Contra Costa County Board of Supervisors 903 November 15, 2016 Contra Costa County Board of Supervisors 904 November 15, 2016 Contra Costa County Board of Supervisors 905 November 15, 2016 Contra Costa County Board of Supervisors 906 November 15, 2016 Contra Costa County Board of Supervisors 907 RECOMMENDATION(S): ADOPT Resolution No. 2016/634 ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Pomona Street between Alexander Avenue and Rolph Park Avenue, on November 11, 2016 from 9:00 a.m. through 12:00 p.m., for the purpose of John Swett Band Boosters Veterans Day parade, Crockett area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will not have Board approval for completed road closure. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Hendry, (925) 674-7744 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Ratify the prior decision of the Public Works Director, or designee, to close a portion of Pomona Street on November 11, 2016 from 9 a.m. thru 12 p.m. November 15, 2016 Contra Costa County Board of Supervisors 908 AGENDA ATTACHMENTS Resolution No. 2016/634 MINUTES ATTACHMENTS Signed: Resolution No. 2016/634 November 15, 2016 Contra Costa County Board of Supervisors 909 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/634 IN THE MATTER OF ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Pomona Street between Alexander Avenue and Rolph Park Avenue, on November 11, 2016 from 9:00 a.m. through 12:00 p.m., for the purpose of John Swett Band Boosters Veterans Day parade, Crockett area. (District V) RC16-13 IT IS BY THE BOARD RESOLVED that permission is granted to John Swett Band Boosters to fully close Pomona Street between Alexander Avenue and Rolph Park Avenue, except for emergency traffic, on November 11, 2016 for the period of 9:00 a.m. through 12:00 p.m., subject to the following conditions: 1. Traffic will be detoured via neighboring streets per plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. John Swett Band Boosters shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry, (925) 674-7744 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 5 November 15, 2016 Contra Costa County Board of Supervisors 910 November 15, 2016 Contra Costa County Board of Supervisors 911 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Charles Luther for a T-hangar at Buchanan Field Airport effective November 8, 2016 in the monthly amount of $394.10, Pacheco area. FISCAL IMPACT: The Airport Enterprise Fund will realize $4,729.20 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible 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 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 9 To:Board of Supervisors From:Keith Freitas, Airports Director Date:November 15, 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 November 15, 2016 Contra Costa County Board of Supervisors 912 BACKGROUND: (CONT'D) of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Charles Luther Hangar Agreement November 15, 2016 Contra Costa County Board of Supervisors 913 November 15, 2016 Contra Costa County Board of Supervisors 914 November 15, 2016 Contra Costa County Board of Supervisors 915 RECOMMENDATION(S): ADOPT Resolution No. 2016/03 declaring the GHAD's intent to order the assessment set forth in the attached Engineers Report and set a public hearing for January 17, 2017, to consider the proposed assessment and any objections thereto. (NOTE: This Resolution directs the GHAD Clerk to mail notice of public hearing and to mail the assessment ballots.) FISCAL IMPACT: The developer of the Podva (now known as Red Hawk) development is responsible for funding all activities relating to that development undertaken by the GHAD up and until the GHAD Improvements, as defined in the Podva Plan of Control, are accepted by the GHAD. Thereafter, it is anticipated that the GHAD, as it relates to the Podva development, will be funded 100% through assessments levied on properties within that development. BACKGROUND: On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch GHAD and appointed itself to serve as the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eric Harrell 925-866-9000 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Wiedemann Ranch GHAD Board of Directors From:Patricia E. Curtin, GHAD Attorney and General Manager Date:November 15, 2016 Contra Costa County Subject:Declare GHAD intent to order assessment for PODVA Development and set public hearing November 15, 2016 Contra Costa County Board of Supervisors 916 BACKGROUND: (CONT'D) GHAP Board of Directors. Three developments have been annexed into the GHAD - the Henry Ranch (April 11, 2000), Elworthy Ranch (July 29, 2014) and Podva (March 29, 2016). The Podva development was approved for 20 single family homes. Funding sources have been secured for the first two annexations and it is now appropriate to secure a funding source for the Podva annexation. Like all the projects in the GHAD, the funding source is through a real property assessment. The assessment for the Podva development is proposed to be imposed as building permits are issued for the homes. The assessment will allow the GHAD to perform services as outlined in the Podva Plan of Control approved by the GHAD Board on March 29, 2016 (Resolution No. 2016/02). 017579.000 I\4475291.1 1 The proposed assessment is supported by the Engineer's Report dated November 1, 2016 prepared by a Registered Professional Engineer certified by the State of California, in accordance with Proposition 218 (attached as Attachment B to Resolution No. 2016/03). The Engineer's Report recommends an assessment limit of $2,395.00 per single family residential unit (fiscal year 2016/2017 dollars). The annual assessment limit would be adjusted annually based on the San Francisco-Oakland-San Jose Consumer Price Index (CPI). ENVIRONMENTAL REVIEW: Under State law, GHAD formation is exempt from review under the California Environmental Quality Act (CEQA) (Pub. Res. Code § 26559). Also, improvements caused to be undertaken under the GHAD Law and all activities in furtherance or in connection therewith are exempt from review under CEQA (Pub. Res. Code § 26601). CONTACT PERSON: Inquiries regarding the hearing and requests for materials and documents to be considered at the hearing may be made to the GHAD Manager, ENGEO Incorporated, Attn: Eric Harrell, 2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583 by phone at (925) 866-9000, or by e-mail at eharrell@engeo .com. CONSEQUENCE OF NEGATIVE ACTION: The Podva portion of the GHAD would have no secured funding source so GHAD services could not be provided to this area of the GHAD. AGENDA ATTACHMENTS Wiedemann Ranch Staff Report Wiedemann Ranch Resolution No. 2016/03 MINUTES ATTACHMENTS Wiedemann Ranch Res 2016/03 November 15, 2016 Contra Costa County Board of Supervisors 917 WIEDEMANN RANCH GEOLOGIC IJAZARD ABATEMENT DISTRICT TO: V/iedemann Ranch GHAD Board of Directors FROM: GHAD Manager and GHAD Clerk/Attorney MEETING DATE: November 15,2016 SUBJECT: RESOLUTION TO DECLARE THE GHAD' S INTENT TO ORDER AN ASSESSMENT FOR THE PODVA DEVELOPMENT AND SET A PUBLIC HEARING FOR JANUARY I7,2OI7 TO CONSIDER THE PROPOSED ASSESSMENT AND ANY PROTESTS THERETO (NO.2016/03). RECOMMENDATTON(S): ADOPT Resolution No. 2016/03 declaring the GHAD' s intent to order the assessment set forth in the attached Engineer's Report and set a public hearing for January 17,2017 to consider the proposed assessment and any objections thereto. Qrlote: This Resolution directs the GHAD Clerk to mail notice of the public hearing and to mail the assessment ballots.) FISCAL IMPACT: The developer of the Podva (now known as Red Hawk) development is responsible for funding all activities relating to that development undertaken by the GHAD up and until the GHAD Improvements, as defined in the Podva Plan of Control, are accepted by the GHAD. Thereafter, it is anticipated that the GHAD, as it relates to the Podva development, will be funded I00% through assessments levied on properties within that development. 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. Three developments have been annexed into the GHAD - the Henry Ranch (April 11, 2000), Elworthy Ranch (July 29,2014) and Podva (March 29,2016). The Podva development was approved for 20 single family homes. Funding sources have been secured for the first two annexations and it is now appropriate to secure a funding source for the Podva annexation. Like all the projects in the GHAD, the funding source is through areal property assessment. The assessment for the Podva development is proposed to be imposed as building permits are issued for the homes. The assessment will allow the GHAD to perform services as outlined in the Podva Plan of Control approved by the GHAD Board on March 29,2016 (Resolution No. 2016/02). 10t7 57 9.0001\447 529 l,l November 15, 2016 Contra Costa County Board of Supervisors 918 The proposed assessment is supported by the Engineer's Report dated November I,2016 prepared by a Registered Professional Engineer certified by the State of California, in accordance with Proposition 218 (attached as Attachment B to Resolution No. 2016103). The Engineer's Report recommends an assessment limit of $2,395.00 per single family residential unit (fiscal year 201612017 dollars). The annual assessment limit would be adjusted annually based on the San Francisco-Oakland-San Jose Consumer Price Index (CPI). ENVIRONMENTAL REVIEIil: Under State law, GHAD formation is exempt from review under the California Environmental Quality Act (CEQA) (Pub. Res. Code $ 26559). Also, improvements caused to be undertaken under the GHAD Law and all activities in furtherance or in connection therewith are exempt from review under CEQA (Pub. Res. Code $ 26601). CONSEQUENCE OF NEGATIVE ACTION: The Podva portion of the GHAD would have no secured funding source so GHAD services could not be provided to this area of the GHAD. CONTACT PERSON: Inquiries regarding the hearing and requests for materials and documents to be considered at the hearing may be made to the GHAD Manager, ENGEO Incorporated, Attn: Eric Harrell,2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583 by phone at (925) 866-9000, or by e-mail at ehar r ell@en g e o . co m. 2017 579 ,0001\447 5291 ,l November 15, 2016 Contra Costa County Board of Supervisors 919 THE BOARD OF DIRECTORS OF \ilIEDEMANN RANCH GEOLOGTC HAZ ^RD ABATEMENT DISTRTCT (GHAD) Adopted this Resolution on November 15,2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTTON NO. 20 I 6/03 (\ilIEDEMANN RANCH GHAD) SUBJECT: Resolution20l6l03 declaring the GHAD' s intent to order the assessment set forth in the attached Engineer's Report and set a public hearing for January 17,2017 to consider the proposed assessment and any objections thereto. Qrlote: This Resolution directs the GHAD Clerk to mail notice of the public hearing and to mail the assessment ballots.) WHEREAS, on September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution 981438 approving the foniration of the V/iedemann Ranch ("GHAD") and appointed itself to serve as the GHAD Board of Directors; WHEREAS, on January 19,2016, the GHAD Board accepted a petition from Ponderosa Homes II, Inc. requesting annexation of the Podva (also known as Red Hawk) development into the GHAD; WHEREAS, on March29,20l6, the GHAD Board held a public hearing on the proposed annexation and Podva Property Development Annexation Plan of Control ("Plan of Control") and thereafter approved the annexation and Plan of Control; WHEREAS, in order to pay for costs and expenses of maintaining and operating the GHAD improvements as set forth in the Plan of Control, a funding source must be established; \ilHEREAS, an Engineer's Report has been prepared to support a real property assessment against the20 horhes at a FY 2016l17level of $2,395.00 per single-residential unit for GHAD services and is attached as Exhibit A; WHEREAS, Public Resources Code sections26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII(D) of the Califomia Constitution imposes additional requirements for the levy and collection of said assessment; I0 17s79.0001\4475283. 1 November 15, 2016 Contra Costa County Board of Supervisors 920 WHEREAS, the Engineer's Report was prepared by the GHAD Manager to reflect the Plan of Control adopted by the GHAD Board on March 29,2016. The GHAD Manager is a Registered Professional Engineer, certified in the State of California, in compliance with Public Resources Code section2665l(a) and section 4(b) of Article XIII (D) of the California Constitution; the Engineer's Report sets forth the estimated budget, the total assessment that will be chargeable to the Podva portion of the GHAD, the proposed estimated assessment to be levied against each parcel of property within the Podva portion of the GHAD, and a description of the method used in formulating the estimated assessments; and WHEREAS, the property within the Podva portion of the GHAD is identified on the map attached as Exhibit B and each parcel is proposed to be assessed. NOW THEREFORE, the GHAD Board of Directors resolves and orders that: 1. The GHAD Board declares its intention, consistent with the requirements of Article XIII (D) of the California Constitution, Public Resources Code sections 26650 et seq., Government Code section 53750, and Elections Code section 4000, to order that the cost and expenses of maintaining and operating any GHAD improvements in the Podva development acquired or constructed pursuant to Public Resources Code sections 26500 et seq. shall be assessed against the property within the Podva portion of the GHAD, which is benefited by the these properties in this portion of the GHAD. 2. The GHAD Board shall not order this assessment if a majority protest exists within the Podva portion of the GHAD as defined in Section 4(e) of Article XIII(D) of the California Constitution. 3. Each of the parcels identified in Exhibit B will receive a particular and distinct special benefit in the form of GHAD facilities and services that are over and above the general benefits received by the general public. Specifically, the GHAD's maintenance responsibilities include prevention and abatement of geologichazards such as landslides and slope erosion within the Podva portion of the GHAD. The GHAD will have responsibilities that include (a) maintenance of retaining walls, water detention basin facility and access road, bio retention facility, trash rack, debris benches, drainage ditches, storm drain systems and trails, (b) vegetation control for fìre suppression, and (c) establishment of a reserve to fund, prevent, mitigate, abate or control geologic hazards within this area. These special benefits are described in detail in the already approved Plan of Control. 4. Whenever a residential building permit is issued on the 20 parcels identified in Exhibit B that lot wilt be assessed on an equal basis with each single family lot in the development. The annual assessment amount for each residential unit will be calculated by dividing the annual Podva portion of the GHAD budget by the number of residential units then existing within the Podva portion of the GHAD boundaries. 20 I 7579.000 1\4475283.1 November 15, 2016 Contra Costa County Board of Supervisors 921 5. The GHAD Board has reviewed and considered the attached Engineer's Report. The special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the Podva portion of the GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost ofthe proportional special benefit conferred on each parcel. 6. The GHAD Board directs the GHAD Clerk cause to be mailed, no later than three (3) days after adoption of this Resolution, the "Notice of Adoption of Resolution and Notice of Assessment" of the Public Hearing, in substantially the same form as in Exhibit C ("Notice") to the record owners of each parcel upon which the assessment will be imposed. The sealable Ballot, attached hereto as Exhibit D, and the Engineer's Report, shall be attached to the Notice. 7. The GHAD Board will conduct a public hearing on January 17,2017 in the chambers of the Contra Costa County Board of Supervisors at 651 Pine Street, Martinez, CA at 9:00 am or thereafter. The Clerk of the GHAD shall deliver all sealed ballots received from record owners of parcels within the Podva portion of the GHAD to the GHAD hearing. The ballots shall remain sealed until they are tabulated. The GHAD Board shall permit a change, withdrawal, or submittal of a ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the public hearing. The GHAD Board shall consider all protests against the proposed assessment. At the GHAD Board hearing, the Clerk of the GHAD, or some other impartial person not having a vested interest in the outcome of the proposed assessment, shall tabulate the ballots, and shall weight the ballots according to the proportional financial obligation of the affected property. The GHAD Board shall not impose the assessment if there is a majority protest as that term is defined by Section 4(e) of Article XIII (D) of the California Constitution. If there is no majority protest, the GHAD Board shall authorizethe assessment and adopt the canvas ofvotes. 8. Upon atthorization of the assessment, the GHAD Board shall levy the authorized assessment on the 20 parcels the frrst fiscal year following issuance of a residential building permit for each of those parcels. 9. This Resolution shall become effective immediately upon its passage and adoption. Attachments: Exhibit A (Map of Podva portion of the GHAD Boundaries) Exhibit B (Engineer's Report) Exhibit C (|{otice of Adoption of Resolution and Notice of Assessment) Exhibir D (Ballot) J01 7579.0001\4475283. I November 15, 2016 Contra Costa County Board of Supervisors 922 14XH.C'H.rTÞSÉCIION 3?o^acq¡.{ù'Iùþøi¡r!drb\tù{ìllv<bDESIGNATEDUNSURVEYEDREMAINDERsxСc E sÐrolTs ^clSUBDIVISION 9309RED HAWKIjXE TASEtB{ctHs6.91'g9.s'ffi.8r's9.6'ß4.65'ær.4$215.97'2ßJ0'199.2r'E7.z'678.20'2æ.85194-4J117.00'BffiNGNJ8?tffi'trN6952''"En201146'rN0625'59'EN5356'0J'WNæ1Jz'WNæ:9,{.8f202d20'rN6427'{'Ex21A'57'WNl8?0'5'8N3n2 t5'{NâSm'm'EilÆitrtrENJ¿¡O.M.T{0LIat-.1L4ßL6t7t8L9110LilL12LllL*2A{eaè-CONSISTNG OF 5 SHEEISBENC A PORTION OF RANCHOSAN R¡.T'ON ANDÄ roRfloN oF sEcroti 32.T.ls., Rlw.,t¡DMTOWN OF DANVII.LE CONTRA COSTA CTUNIY, CATIFORNIACarlson, Barbee & Gibson, lnc.$R¡ffifuF(MSCALE: l"= 300 üNE20l57-'150't l t&-- ) i¡6ì| 4æ61A7IGRqPHIC SCAI."EüñER%-?13ø12BASIS OF BEARINGS:_ __o- à-qa -4IHE BAIS ff BEÆMGS FOR 1IûS SUR!€T IS EIERM 8Y FOJNDMot{uMtr{fs sHorN 0t{ xEstRDct a!€xrÆ, llc E€aRs¡c 80xG(f)(il-pL)(il-r)(r4)N2tu'00-w p€R IRAcf ro tuo (107 u 45).REFERENCES:(t)(1)(2)(r)(4)INDI*¡ES REFERÍ}IC€ ruXB€R6$Büusil ffi8 (279RN DÐ, OOC M.RACT 274J (7 u Jr)s80rv90i¡ 3280 (r07uJ)20¡t-tæl8x 43)z\PARC¿L SSUBDIVIS]ON 9OO9--. 515 lt t9NOTE:I. Á GIIS€IID ÍARK S{ÀI! E ûJf NTO'Iìtr IOP ff æRS AÌ ÛtrPn0_cNGAnoN F LoT UX¡S, ilo A REBÁR À0 CÂP. LS 7960. s¡tAllË g1 Af [ [il-FRilfACE CoRilERS N0 NCt! PONTSPARCEL ÀLEGENDRÀNCHO SANGHAD NDSUBüVISION SOUNOÂRY UNEft!fiT OF ÍAY LTELOT UNEEÂSÛRIT UI€ror¡J[Ex1 ltEAO.NNB UNERANGIO ND SECIId UI€T0f[Rffi¡.o/DESIGMTEDUI.ISURVEYEDREMAINDER515 M 19(f)(R)(u-r¡)(x-PL)ooatxEPTEIXAEtoN!ÐrT 10 PRoPERÌT ú¡¡EFÙNO STNÐARO SruFT TilUiilIgT STNDAÍD STNÉI UOT{UItrTTFû'N8 IO{UTÐIT AS TOIEDNSCAPÉ XAil¡Ð{ÂIICE EASEX€¡ITruffi utur E^58@¡T]R¡JL TAIilIEIAI{CE ACCESS EÆ€il8{Ts¡Et Ur¡TffiillÆ1s1il00LAS TRAMPAS REGI0M: WILDETNESSÍ}5f BÀY REGIONÀL PARK 9ISfRICT@November 15, 2016Contra Costa County Board of Supervisors923 ENGINEER'S REPORT WIEDEMANN RÄNCH GEOLOGIC HAZARD ABATEMENT DTSTRICT RED HA\ryK (PODVA) DEVELOPMENT ANNEXATION coNTRA COSTA COUNTY, CALIFORNIA November 1,2016 for Exhibit BNovember 15, 2016 Contra Costa County Board of Supervisors 924 ----" ilxSt*t:l #x¡:çtllçrtc*-- - TABLE OF CONTENTS Paee CERTTFICATION OF FILING ........................1 t. rNTRODUCTION..... ............3 ü. BACKGROUND.......... ..........3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIß]S.............................3 IV. SERVTCE LEVELS ...............3 V. DESCRIPTION OF THE IMPROVEMB,NTS MAINTAINED BY THE GH4D.........4 vL ASSASSMENT METHOD......... .............5 vrr. ASSESSMENT - BUDGET ......................ó VIII. DEVELOPAR RESPONSIBTT,ITIES .......................7 EXHIBIT A. LEGAL DESCRIPTION AND PLATS EXHIBIT B. WIEDAMANN RANCH GHAD BUDGET - RED HAWK (PODVA) ANNEXATION 9160.000.001 November 1,2016 November 15, 2016 Contra Costa County Board of Supervisors 925 ENGINEER'S REPORT WIEDEMANN RANCH GEOLOGIC HAZARD ABATE,MENT DISTRICT RED HAWK (PODVA) DEVELOPMENT ANNEXATION (Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.) CERTIFICATION OF FILING The Geologic Hazard Abatement District ("GHAD") provides monitoring and maintenance of improvements related to geologic hazard management and other responsibilities as a landowner, within the Red Hawk (Podva) Residential Development portion of the \Wiedemann Ranch GHAD and levies and collects assessments in order to perform its activities. The GHAD responsibilities, which are the subject of this report, are defined as any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Section 26505). This report consists of seven pal'ts, as follows: I. INTRODUCTION il. BACKGROUND GEOLOGIC HÄZARD ABATBMTNT DISTRICT DIAGRAM SERVICE LEVELS V. DT]SCRIPTIONOF'GHADMAINTAINEDIMPROVEMENTS VL ASSESSMENT METHOD Vil. ASSDSSMT]NT T,IMI:I' - BUDGT)T PROJI]CTTON 9160.000.001 November 1,2016 ilI IV November 15, 2016 Contra Costa County Board of Supervisors 926 ---- [x¡:*cf Lxtellence' - The undersigned respectfully submits the enclosed Engineer's Report. Date: November 1,2016 By: ENGEO Incorporated Paul Guerin I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the lth day of November 2016. Patricia Curtin Attorney and Acting Clerk of the Board Wiedemann Ranch Geologic Hazard Abatement District Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by the GHAD Board on the 15th day of Novemb er 2016. Eric Harrell GHAD Manager Wiedemann Ranch Geologic Hazard Abatement District Contra Costa County, California 9160.000,001 November 1,2016 GE No.2099 c * OF cA * a November 15, 2016 Contra Costa County Board of Supervisors 927 ---* trx¡s*ci lxr:çllçr¡**-- -' ENGINEER'S REPORT for \ryIEDtrMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT RED HAWK (PODVA) DEVELOPMENT ANNEXATION CONTRÄ COSTA COUNTY, CALIFORNIA for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION The Contra Costa County Board of Supervisors formed the Wiedemanu Ranch Geologic Hazard Abatement District ("GHAD" or "District") on September l, 1998 (Resolution No.98/438), under the authority of the California Public Resources Code, Division 17, Section 26500 et seq' The GHAD Board of Directors approved the annexation of the Red Hawk (Podva) Property into the GHAD 6n March 29,2016 with the approval of Resolution No. 2016/02 ("GHAD Annexation Area"). The members of the Contra Costa County Board of Supervisors act as the Board of Directors of the GHAD. II. BACKGROUND The Wiedemann Ranch Board of Directors approved the Plan of Control for the Podva Property Development Annexation ("Plan of Control") with the approval of Resolution No. 2016102 on March 29, 2016. The Plan of Control describes the GHAD's responsibilities to permanently monitor and maintain GHAD improvements within the GHAD Annexation Area. This Engineer's Report describes the establishment of an assessment level to fund GHAD activities n.J"rrury or incidental to geologi chazatd mitigation, abatement and conttol. III. GEOLOGIC HAZARD ABÄTEMENT DISTRICT BOUNDARIES The boundaries for the GHAD Annexation Area are shown in the legal description and plats attached hereto as Exhibit A. IV. SARVICE I,EVELS The GHAD's activities are those that are necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards ìncluding construction, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing. 9 t 60.000.001 November 1,2016 -3- November 15, 2016 Contra Costa County Board of Supervisors 928 " lI x¡tet:f. fx*elJence The GHAD provides for the administration and review of fäcilities within the budgeted limits, including the following services: L Oversight of GHAD operations, including reporting to the GHAD Board of Directors 2. In conjunction with the County Assessor's Office, setting the annual levying of assessments on the property tax rolls. 3. Engagement of technical professionals to perform the monitoring duties as described in the Plan of Control. 4. Performance of GHAD maintenance activities in accordance with the Plan of Control. These maintenance activities include: Monitoring of developer- or GHAD-constructed retaining walls and maintenance if structural integrity of a wall or adjacent structure(s) is threatened. Maintenance of water detention basin facility and access road located on Parcel "8". Maintenance of bioretention facility located on Parcel "4" between Midland Way and Lot 1. o Maintenance of existing trash rack on ParcelooB" o Maintenance of debris benches, lined and unlined drainage ditches in developed areas and open space. o Vegetation control for fire suppression within open space (Parcels "4" and "8"). r Maintenance of storm drain system improvements, subdrains, and subdrain outlets in open space (Parcels o'4" and "8"). o Trail maintenance on Parcel'08". 5. The GHAD will also have maintenance, monitoring and repair responsibilities for slopes, which include natural, reconstructed or partially reconstructed landslides. 6. Preparation of annual GHAD budgets for approval by the GHAD Board of Directors. DESCRIPTION OF THE IMPROVEMENTS MAINTAII\ED BY THE GHAD The GHAD-maintained improvements are described in the Plan of Control. In general, these improvements include water quality facilities; drainage systems, including lined ditches in developed areas and open space; open-space storm drain inlets and outlets; subdrains and outlets; retaining walls; and access roadways. 9160.000.001 November 1,2016 a a o v -4- November 15, 2016 Contra Costa County Board of Supervisors 929 ^^-- [xSs*cl {x*çllçnc* - - -' VI. ASSESSMENT MDTHOD The improvements and GHAD responsibilities described in Section V are distributed within the GHAD Annexation Area. The improvements described in this document will confer the following special benefits to the assessed parcels: 1. Protection from slope instability 2. Protection from erosion due to uncontrolled surface water 3. Protection of water quality 4. Protection f¡om wild land fires due to unmanaged vegetation The GHAD assessment is distributed among all residential property owners within the GHAD Annexation Area. The improvements and responsibilities listed in Section V provide specific benefits to the properties within the GHAD Annexation Area and the improvements are constructed for the benefit ofthose assessed and not the general public. The GHAD Annexation Area consists of 20 single-family residences. Single-family residential lots are assessed as one unit and are assessed equally. The total number of residential units within the GHAD Annexation Area was considered in light of the annual GHAD Annexation Area budget in developing the annual assessment amount. The Engineer hereby finds that the residential properties within the GHAD Annexation Area receive approximately equal special benefit from the work and improvements within the GHAD. As a result, the GHAD assessment fbr the GHAD Annexation Area is distributed among all owners of parcels. A financial analysis was performed to provide a framework for an operating budget for the on- going abatement, mitigation, prevention and control of geologic hazards within the GHAD Annexation Area. In preparation of the budget, several fàctors were considered including: 1. Site geology 2. Remedialgrading 3. Proximity of geologic hazards to proposed residences 4. Improvements and structures 5. Site access considerations 6. Elements requiring routine maintenance, including: . Surface drainage facilities o Graded slopes r Retaining walls r Bioretention and detention basin facilities . Trails and fire breaks 9160.000.001 November 1,2016 -5- November 15, 2016 Contra Costa County Board of Supervisors 930 ---- ffx¡t*t:l {xr;nliçn*t,:-- ' VN. ASSESSMENT. BUDGET The purpose of this Engineer's Report is to establish the assessment level and the apportionment of the assessment within the GHAD Annexation Area as required under Proposition 218. The annual budget in each subsequent fiscal year will apprise the GHAD Board of Directors of the estirnated budget fbr the upcoming year. Based on the estimated expenses for on-going operations, and allowing for larger (approximately$150,000) geologic events at l0-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (Exhibit B). The Engineer recomlnends an annual assessment lirnit for the GHAD Annexation Area of $2,395.00 per single-residential unit (Fiscal Year 2016l17 dollars). The proposed initial assessment level will be automatically adjusted annually on June 30 to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers. While the assumptions and estimated expenses listed in Exhibit B were used to determine the assessment levels for the GHAD Anne,ration Area, they do not represent the actual budget for any one year of the GHAD's operation, since assessment of the individual parcels will be based on the issuance of building permits, which will occur over a number of years. In addition, the Engineer anticipates that the projected expense amounts will be reached over time and that these amounts will be inflation-adjusted in the year that the expenses occLlr. Pursuant to the schedule set forth in Exhibit B of the Plan of Control for the Red Hawk Project, the GHAD reserve at the time of transfer will be a minimum $149,000. The minimum reserve amount represents the estimated total assessments that will be collected from within the Red Hawk Project during the period the developer is responsible for all GHAD activities. The reserve amount requirement may be satisfied by including rernaining cash and receivables from the Contra Costa County Tax Collector during the period that the developer of the Red Hawk Project is responsible fi:r performing the GHAD activities. Additional funds contributed directly by the developer to satisfy the minimum reserve requirement, if any, shall be provided to the Wiedemann Ranch GHAD prior to its acceptance of the monitoring and maintenance responsibilities within the Red Hawk Project. 9160.000.001 November 1,2016 -6- November 15, 2016 Contra Costa County Board of Supervisors 931 ---' {l x ¡ s r: r. :f. {l x t; t: I i c r¡ r: t¡. VNI. DEVELOPB,R RESPONSIBILITIES The developer of the Site is responsible for managing and maintaining the GHAD Annexation Area until the GHAD accepts responsibility for the GHAD lmprovements as set fbrth in the Plan of Control. In addition, the developer is responsible for funding any necessary GHAD functions or business undertaken for the GHAD Annexation Area that the GHAD Officers or Board of Directors determine are necessary before the GHAD accepts the GHAD Improvements. If the developer fails to fund all or a poftion of these costs, the costs shall be covered by the funds generated by and for the GHAD Annexation Area (i.e., through the assessment) and the developer shall be required to reimburse the GHAD for such costs before the GHAD can accept monitoring and maintenance responsibilities for the GHAD Improvements. The GHAD may utilize funds generated by or for the GHAD Annexatiou Area to conduct any necessary GHAD functions or business for the GHAD Annexation Area required before the GHAD accepts the GHAD improvements. Such functions and business can include periodic reporting to the GHAD Boarcl of Directors and work performed by GHAD Officers to verify the GHAD is implemented in accordance with the Plan of Control and GHAD Law. 9160.000.001 November 1,2016 -7- November 15, 2016 Contra Costa County Board of Supervisors 932 ---- {xn*t:l Lxr:ell**t:*-- -' EXHIBIT A Legal Description and Plats 9160.000.001 November 1,2016 November 15, 2016 Contra Costa County Board of Supervisors 933 SUBDIVISION 9309RED HAWKCONSISTTNC OT J SHEETS8EI¡i6 A PORTION OI RÀ\CÍIO SAN &{MON ANDA PORnOli OF SECTION 52, r ¡ S., R. I W. MDMlOW}f OF DANVIU.E, CON']RA €OSTA COAiTY, CÂIIFORNIACarlson, Barbee & Gibson, lnc.CvL€rei{æ.Sffiñ.PI¡NEWilrcN.4IFNßJLl.i! 20r5OWNER'S STATEIVÍENTm uNo$s¡cilt¡, 8Elrc fiE PÆrE HAvxG RECÍRo lllt! rillt¡€sT rx ffi lÆ DÉlfl€^l!! a0 ENmËo tfllilffi ww g&hÞÆy s Hs ip ñìu 'sBorlrs¡o{ 9¡æ R€D fl^K', Ton G DñWLE Cor¡R mSAC0tJNil, gl'lFmMÅ, m HERERI C0t{SСT T0 l}E ImO ND XÉC0R0Á1C[¡ S nf S¡J'€ffi m ffiw o€scRtr! gail s müÐ as N EÆElolf Fm mlc PUffi;fiæ ffirot{ ff saro wos D€sdAÐ il ils ilP as @ TIL ffT, ilNiro €û.RT a0 HoLM w Y FfrruLgUC M ND UTUü roFOSES.fi€ R€A PftP€RÍ AW S ffiTIfD FM ffÛCAM Æ N ffiÉXT FM ruAjC æffiffi Æús o€sGilAED ÀS 'MC Urur EASIITENT m ?Ul Æ Fm mC PLnFoS[S INCIUüXG nE ffif,S,mls Íüv DRNS, Rm ÄD s^c€ r Îl DRAN^GE N UXS. UCRC, ΀tfP'lüL AD CA¡ww uruEs, |l{Mx8 il€ R$E tr NæESS ECSESS, msmcnfl. mmsm, affi Ffrrñt[xac G ffig ilm\€rtû{ls N srucms N úÊ ê!ÆlNc G mwcus N0 l€cFt^u.N€ Rf,A MMñ gOW Ê OFFER€O FOR MDISNS ß N €ÁS€T{}{I FOR ruilC ffiOIVNER'S ACKNOWLEDGMENTA [OTffi ruM G O}tt¡ 6FCIR CC[4RflNC frS MM^E !€RIFES O{LY flEID€I¡IY Of ]ì{ NüVXJE #O SCNÐ IH€ OOOJMEXT TO HG Rß CMffUTE 6AIAfrÐ. Ar0 ml nE mBruutss Amfr, fr vat¡{Í tr Mf l)ffiillSTAE 6 -ruwf _ffiffi TE,, À rofÆY ru8uc,r{ 0r{ 1}€ Ns çHO PRM rcSAISAÛTNYffiuwill^lsAcnon€mÐ^u]lffiÐPr¡son(s).tr^0rdr6), ÀDM ilÌlftpoNsI MNfl Uffi P€XIT CF P€RTRY MR H U6 f NE S¡AIE ff ruFRN NAT ilErcTGPffiÆHSruADMCÌfiE ND [NT$MrHÊ Rf,Á Re€Rfr O€SilAÐ Æ PM& -A" 6 FM M PUæOÍ O€ MVAE STM ruAGE LII$SCÆEüuEs aD raîx tJ&!ñ us Aflo NY umoltl{t}¡ß m æffiE[ac€s INsT{LE0. ffi FÉ^L PRæfrÛrw^Ð ls Pña 'B'rs Fm m ruRruf 0€ oPo{ sPlcÊ lÀNBAc€ 6 SÂÞ PmCß S[ BÊ ftEWilS&UÛ 6 M HfrEMEß MÀM ff ftE gBDIM. PMCL.A'AO PARco- T'ru E Mrc. aD ffifPtED By, ne EüGC HAZÆo ^8^IÐt€rT üffiCl (eü0) gf fPARAtr HSrulENT g'8s€tfrl mrH€ f,urc ú frrs up.û€ ffi ffi Æ 1lxoscÆE smEtAxc€ E^s€r4tl¡f'0R 't¡f' Æ somuY ÐcLl$ED m ruucmüu Âm ffi FG n€ 6€ s aD ilÁ¡RAc€ 8Y A! fliltmffiS ffinofi 0F gj€ûwü 9n @H^K, Fm ¡CC€SS, Slm m^Cq COTSnUCÌil, SD [r¡ÐNC€ 0F SARI DRN M Wo$Æg EÁ]UR€SfiÉ Æf TffiED €ilUO ß D&SM TO EAST BÂY MIOPI UÌUT DSNCT AS  Pf¡PEru[ EffiÛ{I ffr I}€ruRroS€ Of æffSRCilC. ffiCrNG rÀflTlNrre, ætR^¡re N USC FR ßE m$¡m AD USRAJ¡frG { ttR, a PrPf ffi PrPBlffi ND U ilECÊss¡RY nXÈR€S KUmG WmRGnqJì8 rÐ.fl€ril m trCñC[ôq8L¡S M APñ,RIEIA$S MEÍO, ff, UNOER, {SIG M Affi gID EASEß{T. TOCEIH Wft l}E NOTT OTffis T0 d0 tffifss fRor¡ s^E €^sEmT ^ilD IHE Rell AT u ÌlEs T0 8E ll{ 0/ER ^ro um wETSI¡$T [O E\€RY PMT ftfiTd.ÈÊ É^s€xt}¡t Æf^ rÀy æ tilffif} N A rü{ER mssBï wR EÂSt gal fuNoP{ uÌuw ffiRcls usÊffi. M UÚNG M SRCruRE UI 8E PUC€D S W EASENÍ, NO ÍREES UY tr UÊO üHil DI€ærtNl ÆEÁ ñ{D NO erñ6 [^Y 8€ {^0€ f0 ffi tsrNc sf^c€ Etlv lü (mE) ç r}€ €^sa¡€xTÆ^ 8Y Mffi ru ffi (l) FæI, Nfi 9U üWNG E mE ÈEreil Uq v^Y |ffffi Wfr €Ñ B^frwoPe unur üfi8T5 ful Exswtxl tr $0 €ßtlslT¡E RfA ffiRÙ DSIfl¡ID Æ .ECdAÍ¡ UTSN\EED ffiIiltrR. 9U B€ O€üCÄIID rc ftE Ñ hYRfoor{[ PmK üsRcr BY $ÆÂlE tNsRUHr s€O€xf m *€ ruNG tr fils l¡P.r€ df^ goR ß ru raNlûNc€ ¡m EñIENT 0R 'ilAf lS ffiY SEff! FoR m$ril rcfrÊ T¡SI gAY N€Oft[ PK üWI FOR IrcREsS AD ECRÊSS. IilIilNE ruffiS, AD ñJAIC ACT€SS. frISffiRT frU æ ÆIPÍED gY W ffi 8^Y RfOftA PR NMT 8Y SEE NSRÆNT AÑqÐT rcnnEss uY Hso sD 6floe sSIJRVEYOR'S STATEMENTwarunÉ _uf (mT):PFmPI mrw 0€ Bjgr€sw co¡mssn NmIY(mSrcDÀEuffi H. rt]ìffi. P-LS,LS. ilo. 7960OWNER'S ACKNOWTEDGMENTA torñ Ralc R onm mm fftrÍrc ns mlmE wts ol¡tY tErmnÍ 0F lH€ rN0M0ù& w wÐ ftE DoqjrÉÀf m ffi|fi Hs crmcaE saf Gi€o, aD NoT nt rumffi, rcdjw. G vMr s n^T DæuRtSEFORÉ HEHO PrcWD rc. A rcTÆY ruBUC.fEoilftEN6RECORDER'S STATEMENTHS t^p. Êxfit¡! ' sugDrvsfr 9s RÐ HAx', Is H8t3Y ACCIPÐ FG ffimÂroil. $o[tc Affi MT AS PTR LEM G Tru ffiM BY Éf,SI ilÉR'CA 11! MPAilI DAII!--..."--- ¡¡Þ ÁnrR g¡ürililG ßE sE I EÍ fr^T SÐ rp COIPUES lN I tf,SPfC¡S tfi mPMVSflS tr SAE UT¡S ÀD Læ[ MN$CS æWNG ft€ NUNG G MMgil [PqRECm€D ÀT ffi üqÆS S nRSI ilEÊCN lll! CflPNY ^T-1., il lHt_ 0^Y ff-.-......................- 20- lN ffi- ç rps, Al PAGÉ- rN m mG G frt ffir R€cd0€R 0€ co{m^ ffiA milñ, sT^lE G ctrmÄDmIftT re ÆE Ê,ilgirluruNÍ R€COROTRs^nsFÂmr ilmc T0 BE ffi$B$m T0 tr üftrfl16TUr€{TÀ0^mormc¡P^gT{ ES), ADrcxE1ÌÉsÆ il Hts/Ï$Æi€rRtì{ NslRwÐil üEÂunmÐilATHS^r€RIßER S&lÂnRÊ(S) (rif Hff üE Pffi(S) ÆÐ,P€RS(S), ü tr ilnû !Pû{ 8€MrfNEHS IAP $0rS U E^gtilE tr RfffiD oil frE Pffir mG 9J80|V0ED.AS Om!mm gffi [, trc., A crufmn (ffiler ctRtñ uil0$ Æt{fr s mmY wm }€ u6 G Bt sf^18 0F CAi¡m¡ß ilal fiE'OnICOIIC PÆffiPH S ru N æRRÉCTrNÊS UY HAD N ffi{ gESdAruÉgY:ìeÊ (mN1:w¡f 0F cü{n^ 6TAsTA[ 0a cufcñ{^ñtæ{ fl{r 0€ aJgNEsstÆÍltÊ191$000NilÊ¡ÉüYMSilrc8Y:eãiTrdi¡¡lYñrffi[November 15, 2016Contra Costa County Board of Supervisors934 SUBDTVISION 9309RED HAWKCONSISTINC OT 5 SHEETS88I\C  PORTION OÈ RÀ\CHO SAN L{MON ANDA PORTON OF SECTTON 32, 1, I S., R. IW. MDMTOh* OF DÂÀMLLE, CONÍRA COSTA COLI'I{TY, CÀLIFORNIACarlson, Barbee & Gibson, lnc.JLNE2OIJCITY ENGINEER'S STATEMENTPLANì,II}¡G STATEMENTCLERK OF THE BOARD OF SUPERVISORS STATEMENTI Æffiy fAlE n^f I HAE rofiEo lH€ rHN nACT Up ilnÌIo ' 9r80rwfr 9w m lÂx'.ftAf N€ 9J8ûrM S ffiTfiIruY M WE 6 IT Æ?EÆE¡ Ot¡ $T ENTANE ÍF NO ANYÆ?R0!€0 [tERAÌm w, ^s ÆpR0\80 BY ru Ðt cûJNol 0€ m Tm 6 ÐavtL€, cû]ttG mn^ c06IA STAIE tr NFmlA oil - ßAl ü 0F lHEPROVSM ff STÂE UT AO LOC& MÍNCES PPUC¡BT! AT RE ru€ OF PROYAL ç ftEt!ilT^Îlt ilÆ HAI ffi ffiPU€Ð Uil, N ft41 I il $Ì9m n^l frE XÆ ls tEfiXlmlYCORRECf,r ffiY sf^ft ftaT lH€ mNilG mHssoll ff ffi Tffi 0Fcdiln, STAE f cÆFoRNrd HÆ gmÐ IIE llIT^ÌW rp9J09 Rt! HAX' m HlRi ñ€ Ffll lP lS BAS!.DAUl-€.ilT]L!DmM cosla'srEoMgilI HEREBY SÍA]E AS GtrreD SELOW HAI() A TU ru ASgJRING PAWftT f I IAXES HIß Æ NN A LÍI{. ÐT ÆE rcT TEIÞ/iytr . H^E ËtH RE(ÐÌ!D m ruD [n l}E mmo s $PERssoRs tr cmnÀ cosracctnñ, s^lE s ürFoRrAl( ) u fN€s NE H^W sEIr PAo , Æ mm 8Y ßE mr mtPlìol o¡nc€n0^ÉÍiÊW J, GAAGITT OF ilNINGMTDNWmil 0f coNm mAst^lt 0F cruFmA0ÂI€: -0^Ðoatl!_.trÙa-O,IRÍ tr ilT MAND OF gJPISVSND CilNIf ADUIMSNATMmil tr c$n^ cGT^saE r c[ffirÀsttrf)r c. LÁEDEIIIHilT S€RVCTSrcN f DNWRC¿ J1870ûRECTffi/ûft ilGMrR8YÐIPUÛ ffiKCIYCLERK'S STATEMENTBUILDNG OFFICIAL'S STATEMENTl r&By s^[ ns ilp, ilnlllD ' gjmMsil 9s Rm H^K '. rß PR&NÐ T0 ilt fonruqL 0f nE m ff DAUUE cûJsñ tr mn^ 614 STAIE 0€ ffmh, Æ mw€o8y ur, aT A R€ðffi [ffi[G fitR€of, $].0 fr BE - 0^Y træ_ flÐ ßAl s0 @NG tD üM ÆmE ilo lp 8Y A R&ul& MrG WÆ æLYPASS€o SD mÐ ÂT SÆ |tgnilG. ÉOEüMru E¡PLMAIq ffiT. PREP¡ft¡ il SEq DAIED ÂUßST 6,2O]d PrcJ€CTilo 916.m-m . 9il€0 il ftm sruE6t, H^s m ft€E ND ÆPRo€ Fffi ÆSSilruM N HS SUV96 EO F rcPT il ru Fffi ruBUC INSPECTM AT ru TON fOMW 8UMrc NSCNil DMSil. ONVLrf. NFMI$Kl t!ñwsGIF MT¡C MATm ff DSVtl"€m¡Í r coNR c6TA sfat 6 ruFmh8Y - D^lf -r FURßER SÀE ffAl W 10il mOL üD ffiY ACCtPl. 9J&I€CT rc Umowels' C{8€HAf tr ilE PUilC, ru Fruofrrc ffi G mc^lq $0n ü üls Íp, sÀ0 ^REAS ÆEM OT S: ffiD l{L dRf. UNmæ ruRT. mC Unuil EgilT (PU9, SC€NC E^gñTNO ilÐL¡¡Þ ÍÂIIN ililESS ffiEREff I HAI l]ffiTo SET W HÑOS ilIS - DAY StrrEsgcrfr c.Eil a0 il-ffioo 0f1K 0¡ üEmN rurfr G BE mn tr D NVU4cqJNñ ff mRA cosf^, slalE 0fcruFmh2191S000November 15, 2016Contra Costa County Board of Supervisors935 ¡$t 6g'l¿1.i$1Èr 4!:ra51?tå:rû1t9 ?t{t.2f*Ít1q-i#.i¡1nàl{årÞsrd.]66 1r'ixg-¡6'rer$Èsw!*'¡ël*)¿1tillafr{*?1¡dEË¡îr'åfìit*s¡è'tð"irNJ??IS*$'TùTûTû*:slr'Ë¡i,r€.îf*'4ffifg?:'oð:T*ê{1î5fts&JrfyiirôT3¡tiÞi*áJ1Ì6JdkiÎ+rt5tÍr¿ råx,t¡¡È!-1i3L4i!(ìüvi''ifl"Si[il;¡i ]Ì,iJ., , ,, -"+,,., ,". tt:., l"'otst(;ì;¿T[$tillüKrff$i$,\1¡\ilSåi$X#r; tÂJåt$¡iX Àtr&&f{tST-]BT}IVTSTON 93Û$RE$}iA.\!KfËsli}lÌrir: 5t 5 $lllilsülìl\b^ r, ¡qtTlö$ 0f Ìd¡^r{liù lrr! lt{ì,t}l ¡i3,I t{}l{lirrr tï }t(T:t¡\ ::t. Ì: it. ii : r.. :r!ü1ïli,ÈI ft:)ÁN!lru. i:{}x i:tÀ ¡.{$r,r il}.jull. lìÁl¡tft:rtltêrlson, SêTbêe & ËiþEoî, lnc.ilyi i{ii,tjr}t i i¡if,.lsüiÍ J 4SY,}AÉiæ.Þ a r:a¡dlYht.i:r i'" :.#i .it.:\f iri.ft:r-.._. .._^" .__.__l *r{Ê {' lig 3útr ù0fl$l|frrt¡¡ LË;iiûÞ"ÀèË,c.sc¡¿.ËAAS$üF BFÅRIN$S:11â t¡JS&',L i{ffi6s tF lilß }Áfr iá l{tÍFl#ID 8Y tì})6{t*lw{n þrù# tr lt}'illfl¿ 1{¡"j€, lt{ {Êá{${t drisì?iîtÞt*\ ?Í* n i? {è ,\r'"1 iìt * ë!.REFË.RËNCï :{tì ñe:Átft RlftRè{c! tJ!!&f .. gtâe **4 i:¡¡ $ :!{t íåsr ,}6, *i{ xð. tër-5à4!Êi¡: !tr.t: |L¡ (¡i x ]r¡i¡) $ttiitS¡6 nþS (1x? T lr¡$0rä;r. 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R- lV. llDMTO1VN OF DÁ,\ryILLÊ. 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I S., L I w" MDlvlTOWN OF DAN\¡ILLE, CONTRA. COSTÀ COLNTY, CAIIFORNI{Carlson, Barbee & Gibson, lnc.cû[E@Eæ.suffim.NssNim-4lF@ÀSCAIE: l' - 50' JIJNE 2û15PÀRCEL Àû2CFtr¡tr¡flIGRÀPHIC SCATEMß14'OdW S.02BASIS OF BEARINGS:ÀDAMS2011-032618ru 8Æ ff trAR6 fæ firS trW S mMMD 8Y Fqlü)IilME ffi fr ESMM AWUE frE æÀR¡S ErcNZ!0'00'w PER RÂCT N0. t& (r07 U ß).@R\T TÁ&fÉflcn61.67'21-4'ræ.(8'21.11'29.S122o1æ.vzß's.24't46l6¡.ır5596.U'5&'ETArffi11'1ÍS1t'6'{'0/r€201a'ä'ado7's!o'm'&r0 6'64rd6'1!557-29A7\7'ss Í'18ì3$'J4!1¡6't9z5t1'926'trñ4 5¡-R06281.00'I9.00s.@ßm's.æ'19.æ'1G.fi'7r.m'ræ.001æ-0041.mfi.0dræ.m'6m4.00{.0dfl0e6c166c76o0ø2ûJü405oôREFERENCES:(x-!) I?(r)0)(2)(3)(4)MùlES RT!€RÍ}C€ NUXS€RcÆ0rv90tl m6 (2æ r J)GRsl mÐ, 8æ NO 2û1-ø16næT 274f (77 X 3ts&Ntrw(107r43)(il-r)NOTEI. A GISS HÆI $il B€ Of NTO tr IP ff @B AT üEmOanñ 6 roT üÊs. N0 A G^R N m, 6 m, $ruff g ^T u w-mfAE mNERs N m! m$s7LEGENDs,€üsgor S0JilDRY uxERCJT G TÀY UNELOT NEffiIINT UNEÍNUXTNI UNEMER UNERAftO SD SCNfr UNErcltRgIfilUX!}TT $ MilTgMilflT TO PRffiT HTFNND STÂXDM Sffi XOUßTsgï st¡ûmD smT udwilTFflto ilwfÊNl ¡s N0E0NW XAXTTXNC æmlruuc uruû ilffNfMLIANBM ffiggilIFer!PARCEL BCOURT4.0Jac!s(Eilc$gilT(Ð(R)(r-t)(x-fr)Lr5DESIGNATËDI,JNSURVEYEDREMAINDERsrctwcEÁgIilT@amPUÊilÆPARCELBa6 ^ct5r.70'SGTICEAgilTJ0.{2'41l,g sFrIfe---r<_321,1sFr /IIrII11.153 S¡i2M RrcT 274Jnu31117.ræ S1_Lq_COURT11r6J66 $1AGft2ûß'9t20'æ.ôtn.6921.7d29.ß'O€LTA3s'49'ilro'ofl6s'1t'15!121'rã9'æ'sü'31'i9.odeæs.0d319mræ.æ$.m'R¡DruSc20ma2æR\€ ÎÂRfNOCt7c1Ecl9SHEEÍ 5 OF 5November 15, 2016Contra Costa County Board of Supervisors938 EXHIBIT B Wicdemann Ranch Geologic Hazard Abatement District - Red Hawk Property Annexation Budget * November 1, 2016 ASSUMPTIONS Fxp*ct ffxcelie*cs - -- 20 $2,395 3.0% 3.0% 45% t0 $150,000 TotalNo. of Single Farnily Residential Units Annual Assessment per Unit (FY 201612017) Annual Adjustment in Assessment (estirrated) Inflation (estimated) Investment Earnings (estimated) Frequency of Large-Scale Repair (years) Cost of Large-Scale Repair (current $) ESTIMATED ANNUAL EXPENSES IN 2016/2017 DOLLARS Adrninistration (Manager, Treasurer, Clerk, and Legal Counsel) Outsi de Adm in i stration Servi ces, Membership, and In surance Monitoring Activities Maintenance and Operation Capital Improvements Major Repair (Annualized) Miscellaneous & Contingency (10%) 8 7,715 s 424 $ 4,750 $ 9,821 $ 6,097 $ 15,000 $ 2"881 rorAl, $4éú88 9160.000.001 November 1,2016 November 15, 2016 Contra Costa County Board of Supervisors 939 NOTTCE OF 1) ADOPTTON OF RESOLUTION NO. 2016103 BY THE BOARI) OF DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT,2) PROPOSED ASSESSMENT AND,3) PUBLIC HEARING FOR JANUARY I7,2OI7 On September 1, 1998, the County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the'Wiedemann Ranch Geologic Hazard Abatement District ("GHAD") and appointing itself to act as the Board of Directors of the GHAD ("GHAD Board") Several properties have been annexed into the GHAD over the years and the GHAD Board imposed assessments on those properties to fund monitoring and maintenance of the GHAD improvements as explained in the corresponding Plans of Control for those properties. On March 29,2016, the GHAD Board adopted Resolution No. 2016/02 annexing the Podva development into the GHAD and approving its corresponding Plan of Control. NOTICE IS HEREBY GIVEN that: On November 15, 2016, the GHAD Board adopted Resolution No. 2016/03 declaring its intention to impose an assessment on the Podva property (also known as Red Hawk) and directed that apublic hearing be scheduled for January 17,2017 to sonsider adoption of this assessment to secure services from the GHAD. The total yearly estimated budget for the Podva portion of the GHAD as set forth in the attached Engineer's Report is $46,688.00. If the assessment is adopted, each detached single-family parcel will be assessed $2,395.00 per year (Fiscal Year 2016117), plus an annual adjustment to reflect the percentage change in the San Francisco- Oakland-San Jose Consumers Price Index (CPD for All Urban Consumers. The assessment for any new residential unit will be levied beginning the first fiscal year after issuance of the building permit for that parcel. The assessment will continue to be levied in perpetuity. The attached Engineer's Report was prepared by a Registered Professional Engineer, certified in the State of California, and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Engineer's Report specifically sets forth the yearly estimated budget, the total assessment, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessment. A copy of this Notice, a sealable ballot, and the Engineer's Report is hereby being provided to each of the property owners within the Podva portion of the GHAD. The GHAD Board will conduct a public hearing on January 1712017, at 9:00 a.m., in the Contra Costa County Board of Supervisors Chambers, 65L Pine StreetrMartinez, California, on the proposed assessment. 0 I 7579.000 1\4475285.1 Exhibit C November 15, 2016 Contra Costa County Board of Supervisors 940 AND T The enclosed ballot may be completed and mailed or hand delivered to the GHAD Manager, c/o ENGEO Incorporated, Attn: Eric Harrell, 2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583 or may be submitted at the public hearing. Each ballot may be submitted, withdrawn, or changed at any time prior to the conclusion of the testimony on the proposed assessment at the public hearing. At the hearing, the GHAD Board shall consider any objections or protests to the assessment, the GHAD Clerk shall tabulate the ballots, and the GHAD Board shall certify the tabulation of the ballots. The GHAD Board shall not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. In the event that the assessment described in this Notice is not approved by vote of the property owners within the Podva portion of the GHAD, no assessment can be imposed and no service will be provided to the Podva portion of the GHAD. Inquiries regarding the proposed assessment may be made by mail to the GHAD Manager g/o ENGEO Incorporated, Attn: Eric Harrell,2}l} Crow Canyon Place, Suite 250, San Ramon, CA 94583, by phone at (925) 866-9000, or by e-mail at eharrell@engeo.com. Enclosures: Engineer's ReportNovember I,2016 Sealable Ballot 017 519 .000t\447 5285.l Exhibit C November 15, 2016 Contra Costa County Board of Supervisors 941 Identification of Parcel : Ballot 'Wiedemann Ranch Geologic Hazard Abatement District (Podva Proj ect Annexation) Yes, I approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot No, I do not approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identifïed in this Ballot. Signature of Record Owner or Authorized Representative of the above identified parcel(s) Dated: Mail or deliver sealed Ballot to: GHAD General Manager V/iedemann Ranch Geol o gic Hazar d Abatement Di strict c/o ENGEO Incorporated Attention: Eric Harrell 2010 Crow Canyon Place, St 250 San Ramon, CA 94583 Record Owner: 0 1 7579.0001 \4 47 5286,1 Exhibit D November 15, 2016 Contra Costa County Board of Supervisors 942 THE BOARD OF DIRECTORS OF WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Adopted this Resolution on November 15, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2016/03(WIEDEMANN RANCH GHAD) SUBJECT: Resolution 2016/03 declaring the GHAD' s intent to order the assessment set forth in the attached Engineer's Report and set a public hearing for January 17, 2017 to consider the proposed assessment and any objections thereto. (Note: This Resolution directs the GHAD Clerk to mail notice of the public hearing and to mail the assessment ballots.) WHEREAS, on September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution 98/438 approving the formation of the Wiedemann Ranch ("GHAD") and appointed itself to serve as the GHAD Board of Directors; WHEREAS, on January 19, 2016, the GHAD Board accepted a petition from Ponderosa Homes II, Inc. requesting annexation of the Podva (also known as Red Hawk) development into the GHAD; WHEREAS, on March 29, 2016, the GHAD Board held a public hearing on the proposed annexation and Podva Property Development Annexation Plan of Control ("Plan of Control") and thereafter approved the annexation and Plan of Control; WHEREAS, in order to pay for costs and expenses of maintaining and operating the GHAD improvements as set forth in the Plan of Control, a funding source must be established; WHEREAS, an Engineer's Report has been prepared to support a real property assessment against the 20 homes at a FY 2016/17 level of $2,395.00 per single-residential unit for GHAD services and is attached as bibi l A; WHEREAS, Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII (D) of the California Constitution imposes additional requirements for the levy and collection of said assessment; November 15, 2016 Contra Costa County Board of Supervisors 943 WHEREAS, the Engineer's Report was prepared by the GHAD Manager to reflect the Plan of Control adopted by the GHAD Board on March 29, 2016. The GHAD Manager is a Registered Professional Engineer, certified in the State of California, in compliance with Public Resources Code section 26651(a) and section 4(b) of Article XIII (D) of the California Constitution; the Engineer's Report sets forth the estimated budget, the total assessment that will be chargeable to the Podva portion of the GHAD, the proposed estimated assessment to be levied against each parcel of property within the Podva portion of the GHAD, and a description of the method used in formulating the estimated assessments; and WHEREAS, the property within the Podva portion of the GHAD is identified on the map attached as Exhibit B and each parcel is proposed to be assessed. NOW THEREFORE, the GHAD Board of Directors resolves and orders that: 1. The GHAD Board declares its intention, consistent with the requirements of Article XIII (D) of the California Constitution, Public Resources Code sections 26650 et seq., Government Code section 53750, and Elections Code section 4000, to order that the cost and expenses of maintaining and operating any GHAD improvements in the Podva development acquired or constructed pursuant to Public Resources Code sections 26500 et seq. shall be assessed against the property within the Podva portion of the GHAD, which is benefited by the these properties in this portion of the GHAD. 2. The GHAD Board shall not order this assessment if a majority protest exists within the Podva portion of the GHAD as defined in Section 4(e) of Article XIII (D) of the California Constitution. 3. Each of the parcels identified in Exhibit bit B will receive a particular and distinct special benefit in the form of GHAD facilities and services that are over and above the general benefits received by the general public. Specifically, the GHAD's maintenance responsibilities include prevention and abatement of geologic hazards such as landslides and slope erosion within the Podva portion of the GHAD. The GHAD will have responsibilities that include (a) maintenance of retaining walls, water detention basin facility and access road, bio retention facility, trash rack, debris benches, drainage ditches, storm drain systems and trails, (b) vegetation control for fire suppression, and (c) establishment of a reserve to fund, prevent, mitigate, abate or control geologic hazards within this area. These special benefits are described in detail in the already approved Plan of Control. 4. Whenever a residential building permit is issued on the 20 parcels identified in Exhibit B, that lot will be assessed on an equal basis with each single family lot in the development. The annual assessment amount for each residential unit will be calculated by dividing the annual Podva portion of the GHAD budget by the number of residential units then existing within the Podva portion of the GHAD boundaries. November 15, 2016 Contra Costa County Board of Supervisors 944 The GHAD Board has reviewed and considered the attached Engineer's Report. The special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the Podva portion of the GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel. 5. The GHAD Board directs the GHAD Clerk cause to be mailed, no later than three (3) days after adoption of this Resolution , the "Notice of Adoption of Resolution and Notice of Assessment" of the Public Hearing, in substantially the same form as in Exhibit ("Notice") to the record owners of each parcel upon which the assessment will be imposed. The sealable Ballot, attached hereto as Exh ibit D, and the Engineer's Report, shall be attached to the Notice. 6. The GHAD Board will conduct a public hearing on January 17, 2017 in the chambers of the Contra Costa County Board of Supervisors at 651 Pine Street, Martinez, CA at 9:00 am or thereafter. The Clerk of the GHAD shall deliver all sealed ballots received from record owners of parcels within the Podva portion of the GHAD to the GHAD hearing. The ballots shall remain sealed until they are tabulated. The GHAD Board shall permit a change, withdrawal, or submittal of a ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the public hearing. The GHAD Board shall consider all protests against the proposed assessment. At the GHAD Board hearing, the Clerk of the GHAD, or some other impartial person not having a vested interest in the outcome of the proposed assessment, shall tabulate the ballots, and shall weight the ballots according to the proportional financial obligation of the affected property. The GHAD Board shall not impose the assessment if there is a majority protest as that term is defined by Section 4(e) of Article XIII (D) of the California Constitution. If there is no majority protest, the GHAD Board shall authorize the assessment and adopt the canvas of votes. 7. Upon authorization of the assessment, the GHAD Board shall levy the authorized assessment on the 20 parcels the first fiscal year following issuance of a residential building permit for each of those parcels. 8. This Resolution shall become effective immediately upon its passage and adoption . Attachments: Exhibit A (Map of Podva portion of the GHAD Boundaries) Exhibit B (Engineer's Report) Exhibit C (Notice of Adoption of Resolution and Notice of Assessment) Exhibit D (Ballot) November 15, 2016 Contra Costa County Board of Supervisors 945 November 15, 2016 Contra Costa County Board of Supervisors 946 November 15, 2016 Contra Costa County Board of Supervisors 947 November 15, 2016 Contra Costa County Board of Supervisors 948 RECOMMENDATION(S): DENY claims filed by Alano Anderson, Jessy DeLima, Christina Fasse, Dominique McInnis, Bryan Smith, The Estate of Norma Supapo (Deceased). DENY late claim filed by Michael Geary Wilson. FISCAL IMPACT: No fiscal impact. BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joellen Balbas 925-335-1906 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 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:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:Claims November 15, 2016 Contra Costa County Board of Supervisors 949 RECOMMENDATION(S): RECEIVE public report of litigation settlement agreements that became final during the period of October 1, 2016, through October 31, 2016, as recommended by County Counsel. FISCAL IMPACT: Settlement amounts are listed below. BACKGROUND: One agreement to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of October 1, 2016, through October 31, 2016. Contra Costa County v. Geraldine Stanton, et al., CCC Sup. Ct. Case No. C14-01374. This was an action to acquire certain property by eminent domain in the Brentwood area for the Orwood Road Bridge Replacement Project. It was agreed that the defendant would convey all necessary property interests to the County for $158,000, plus statutory interests and costs. The Board of Supervisors authorized the settlement on September 13, 2016, in closed session, by a 5-0 vote. Judgment pursuant to the parties’ stipulation was entered on October 25, 2016. The settlement amount will be paid from a combination of federal project funds (25%) and county road funds (75%). This report includes final settlements of litigation matters handled by the Office of the County Counsel. This report does not include litigation settlements that were reported by the Risk Management Division of the County Administrator’s Office as a consent item on the Board’s open session agenda. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Thomas Geiger, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Thomas Geiger, Assistant County Counsel, Sharon Hymes-Offord, Risk Manager C. 12 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 15, 2016 Contra Costa County Subject:Public report of litigation settlement agreements that became final during the period of October 1, 2016, through October 31, 2016. November 15, 2016 Contra Costa County Board of Supervisors 950 CONSEQUENCE OF NEGATIVE ACTION: The report would not be accepted. CHILDREN'S IMPACT STATEMENT: N.A. November 15, 2016 Contra Costa County Board of Supervisors 951 RECOMMENDATION(S): ACCEPT Board members meeting reports for October 2016. FISCAL IMPACT: None. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District V had nothing to report for the month of October 2016. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joellen Balbas 925.335.1906 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:ACCEPT Board Members meeting reports for October 2016 November 15, 2016 Contra Costa County Board of Supervisors 952 ATTACHMENTS District II October 2016 Report District I October 2016 Report District III October 2016 Report District IV October 2016 Report November 15, 2016 Contra Costa County Board of Supervisors 953 Supervisor Candace Andersen – Monthly Meeting Report October 2016 Date Meeting Location 5 County Connection A & F Walnut Creek 5 Mental Health Commission Concord 6 STAND! Event Concord 10 Alamo Liaison Danville 12 CCCERA Concord 12 LAFCO Martinez 12 WC Watershed Walnut Creek 13 East Bay EDA Walnut Creek 13 TWIC Martinez 14 Citizens Corp Council San Ramon 16 Culture to Culture Danville 17 Medical Event Pleasant Hill 17 TriValley Heroes Pleasanton 18 BOS Meeting Martinez 20 CCCERA Concord 20 CSAC Martinez 24 Public Protection Martinez 24 Internal Ops Martinez 24 JPA Meeting Walnut Creek 25 BOS Meeting Martinez 26 CCCERA Concord 26 CCCSWA Rate setting Walnut Creek 27 CCCSWA Board Walnut Creek 31 Iron Horse Corridor Meeting Sacramento November 15, 2016 Contra Costa County Board of Supervisors 954 Supervisor John Gioia October – 2016 Monthly Meeting Statement Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc.). Supervisor did not seek reimbursement from the County for any meetings that he attended in his capacity as a County Supervisor during the month of October, 2016. November 15, 2016 Contra Costa County Board of Supervisors 955 Date Meeting Name Location Purpose 1-Oct Diablo Regional Art Association Event Walnut Creek Community Outreach 4-Oct Phone Interview with KQED Brentwood Business Meeting 11-Oct Discovery Bay Sir's Event Discovery Bay Community Outreach 12-Oct * Phone Meeting with Delta Stewardship Council Staff Brentwood Business Meeting 12-Oct Constituent Meeting Martinez Business Meeting 12-Oct LAFCO Meeting Martinez Business Meeting 13-Oct Finance Committee Meeting Martinez Business Meeting 13-Oct Meeting with Michael Sands, Executive Director for GHAD Martinez Business Meeting 13-Oct Transportation, Water & Infrastructure Committee Meeting Martinez Business Meeting 13-Oct Meeting with County Administrator David Twa Martinez Business Meeting 14-Oct Phone Meeting with Delta Counties Coalition Brentwood Business Meeting 18-Oct Board of Supervisors Meeting Martinez Business Meeting 19-Oct Speaking Engagement at the Brentwood Small Business Seminar Brentwood Community Outreach 20-Oct Phone Meeting wth Erik Vink, Executive Director of the Delta Protection Commission Brentwood Business Meeting 20-Oct Constituent Meeting Martinez Business Meeting 20-Oct Delta Protection Commission Meeting West SacramentoBusiness Meeting 25-Oct * Phone Meeting with Delta Protection Commission and County Staff re: Delta Stewardship Council Brentwood Business Meeting 25-Oct Board of Supervisors Meeting Martinez Business Meeting 25-Oct Contra Costa County Fire Protection District Board Meeting Martinez Business Meeting Supervisor Mary Nejedly Piepho – October 2016 AB1234 Report (Government Code Section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). November 15, 2016 Contra Costa County Board of Supervisors 956 26-Oct * CALAFCO Conference Santa Barbara Business Meeting 26-Oct Phone Meeting with Constituent Brentwood Business Meeting 27-Oct * CALAFCO Conference Santa Barbara Business Meeting 28-Oct * CALAFCO Conference Santa Barbara Business Meeting * Reimbursement may come from an agency other than Contra Costa County November 15, 2016 Contra Costa County Board of Supervisors 957 Supervisor Karen Mitchoff October 2016 DATE MEETING NAME LOCATION PURPOSE 10/1/2016 Library Office Hours - Concord Concord Community Outreach 10/2/2016 Meals on Wheels Fall Prevention Event Pleasant Hill Community Outreach 10/5/2016 ABAG Regional Planning Committee San FranciscoDecisions on agenda items 10/5/2016 CCTA Planning Committee Walnut Creek Decisions on agenda items 10/11/2016 Concord Oversight Concord Decisions on agenda items 10/11/2016 Family Justice Alliance Board Richmond Decisions on agenda items 10/11/2016 ABAG Regional Planning Committee - Infrastructure Subcommittee San FranciscoDecisions on agenda items 10/13/2016 TRANSPAC Pleasant Hill Decisions on agenda items 10/17/2016 Medi-Cal 50th Anniversary Celebration Pleasant Hill Community Outreach 10/18/2016 Board of Supervisors Meeting Martinez Decisions on agenda items 10/19/2016 BAAQMD Meeting San FranciscoDecisions on agenda items 10/19/2016 CCTA Board Meeting Walnut Creek Decisions on agenda items 10/20/2016 Meeting with Bruce Babbitt Sacramento Water Advocacy 10/20/2016 ABAG Special Executive Board Meeting San FranciscoDecisions on agenda items 10/24/2016 BART JPA Meeting Walnut Creek Decisions on agenda items 10/25/2016 Board of Supervisors Meeting Martinez Decisions on agenda items 10/25/2016 Legislation Committee Martinez Decisions on agenda items 10/27/2016 BAAQMD Mobile Source Meeting San FranciscoDecisions on agenda items 10/27/2016 CCCSWA Board Meeting Walnut Creek Decisions on agenda items 10/28/16 Santa Clara Valley Water Distrcit VIP Delta Tour Rio Vista Water Advocacy November 15, 2016 Contra Costa County Board of Supervisors 958 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Quallick (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 15 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Resolution Recognizing Michael McDonald of the Alamo Municipal Advisory Council November 15, 2016 Contra Costa County Board of Supervisors 959 AGENDA ATTACHMENTS Resolution No. 2016/552 MINUTES ATTACHMENTS Signed Resolution No. 2016/552 November 15, 2016 Contra Costa County Board of Supervisors 960 In the matter of:Resolution No. 2016/552 Recognizing Michael McDonald of the Alamo Municipal Advisory Council Whereas, Michael McDonald was appointed to the Alamo Municipal Advisory Council in August of 2009, where he served as Chair from 2012 through 2013; and Whereas, Council Member McDonald advised the District II Supervisor on matters that included, but not limited to, public health, safety, welfare, public works and land use planning; and Whereas, during his term on the Alamo MAC, Council Member McDonald worked tirelessly to support the community of Alamo demonstrating leadership with his review of several land use planning matters that included the acquisition and development of Hemme Station Park, the Bocce Ball courts at Livorna Park and the Alamo Fire Station No. 32 review; and Whereas, Council Member McDonald was instrumental with the development of the YMCA Recreation Program for the community of Alamo, including several meetings with the YMCA and Public Works regarding program offerings, user fees, and the financial subsidy for R7 park funds for such a program; and Whereas, Council Member McDonald served as the Alamo MAC liaison for Hap Magee Ranch Park between the Town of Danville and the community of Alamo; and Whereas, Council Member McDonald has been an instrumental part of the Alamo downtown revitalization efforts, including the development of the downtown roundabout and the phased sidewalk improvement and tree protection program on Danville Boulevard. Now, Therefore, Be It Resolved that the Contra Costa County Board of Supervisor's does hereby honor and thank Michael McDonald for his dedication, hard work and loyalty to Alamo and its residents. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 961 C.15 November 15, 2016 Contra Costa County Board of Supervisors 962 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kate Sibley, (925) 335-1032 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 22 To:Board of Supervisors From:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:2016 Holiday Food Fight Kick Off November 15, 2016 Contra Costa County Board of Supervisors 963 AGENDA ATTACHMENTS Resolution No. 2016/646 MINUTES ATTACHMENTS Signed Resolution No. 2016/646 November 15, 2016 Contra Costa County Board of Supervisors 964 In the matter of:Resolution No. 2016/646 Launching the 2016 "Contra Costa County Cares" Holiday Food Fight WHEREAS, one in eight people still turn to the Food Bank for food assistance in this County; and WHEREAS, the Food Bank of Contra Costa and Solano, which originated as a Contra Costa County project, works heroically on the front line of the daily effort to address this issue, providing food to 125,000 residents of Contra Costa County, a stubbornly consistent number over the past three years despite the so called “healing” economy; and WHEREAS, the current drought is creating extra demands on the Food Bank’s budget due to higher produce costs; and WHEREAS, hunger exists in every corner of our community and affects people of all ages, ethnicities, education levels and employment status; and WHEREAS, approximately 7,000 employees of Contra Costa County, in virtually every department, have since 2002 been holding this annual drive to serve the residents of Contra Costa County who are in need of a helping hand, and have themselves in that time span raised over $1,000,000 in this effort; and WHEREAS, the 2016 Contra Costa County funds for food drive will take place between November 21 and December 31, 2016; and WHEREAS, County employees encourage the public to participate in the 2016 “Counties Care: Peace, Love, and Veggies III Holiday Food Fight” between the employees of Contra Costa and Solano counties by donating generously and often to the Food Bank of Contra Costa and Solano online in a corresponding “people-to-people” challenge between the counties. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Contra Costa County hereby recognizes this great and growing need in the community, and commends, encourages, and challenges employees and residents of Contra Costa and Solano counties to open their hearts and wallets to assist the Food Bank of Contra Costa and Solano and its client organizations during the coming holiday season; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County hereby officially continues the annual challenge with Solano County and kicks off the 2016 “Counties Care: Peace, Love, and Veggies III Holiday Food Fight”; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County hereby encourages all citizens of Contra Costa and Solano counties to extend the generous holiday spirit throughout the year to help those less fortunate. ___________________ 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: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 965 PR.1, C.22 November 15, 2016 Contra Costa County Board of Supervisors 966 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gayle Israel - 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 14 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Recognizing Helen Benjamin Upon Retirement as Chancellor of the Contra Costa Community College District November 15, 2016 Contra Costa County Board of Supervisors 967 AGENDA ATTACHMENTS Resolution No. 2016/644 MINUTES ATTACHMENTS Signed Resolution No. 2016/644 November 15, 2016 Contra Costa County Board of Supervisors 968 In the matter of:Resolution No. 2016/644 Recognizing Helen Benjamin Upon Her Retirement from Chancellor of the Contra Costa Community College District Whereas, Helen Benjamin has dedicated 12 years as Chancellor to the Contra Costa Community College District and 27 years as an employee of the District; and Whereas, Dr. Benjamin began her career in 1990 when she joined Los Medanos College as Dean of Language Arts and Humanistic Studies and Related Occupations, and has held progressively higher level positions including District Vice Chancellor, Educational Programs and Services, interim President of Los Medanos College and President of Contra Costa College; and Whereas, Dr. Benjamin has a B.S. degree in English and Spanish from Bishop College in Texas and earned her master's and doctoral degrees from Texas Woman's University; and Whereas, Dr. Benjamin has always been passionate about maintaining an active role in a wide variety of professional and community organizations; at the local level, she is a board member of the Kennedy-King Scholarship Memorial College Scholarship Fund, a county-wide effort to provide District students financial support to continue their educational goals at a four-year or graduate institution; and Whereas, Dr. Benjamin has served on the State level, as Chair of the Community College League of California Board of Directors, Chair of the CEO board, CEO Chair of the California College Promise Leadership Team, and on numerous accreditation visiting teams; at the national level, she has served on the American Association of Community Colleges Board of Directors, as the convener of the Presidents' Round Table, an affiliate organization of the National Council on Black American Affairs, and currently serves on the board of Excelsior College, located in Albany, New York. Now, therefore be it resolved, the Contra Costa County Board of Supervisors does hereby honor and thank Dr. Helen Benjamin for her many years of dedicated service to the Contra Costa Community College District and its students. ___________________ 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: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 969 PR.2, C.14 November 15, 2016 Contra Costa County Board of Supervisors 970 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Recognizing Linda Weder on her 25 years of service to Contra Costa County November 15, 2016 Contra Costa County Board of Supervisors 971 AGENDA ATTACHMENTS Resolution No. 2016/629 MINUTES ATTACHMENTS Signed Resolution No. 2016/629 November 15, 2016 Contra Costa County Board of Supervisors 972 In the matter of:Resolution No. 2016/629 IN THE MATTER OF RECOGNIZING the contributions of Linda Weder on the occasion of her 25 years of service to Contra Costa County. WHEREAS in 1991 Linda Weder began her career with Contra Costa County in the Probation Department as a Data Entry Operator II; and WHEREAS in March 1995 Linda was hired by the Office of Revenue Collection as an Account Clerk-Experienced Level; and WHEREAS in April 2003 Linda received a Certificate of Appreciation for providing excellent support to staff in the Office of Revenue Collection; and WHEREAS in June 2010 Linda was promoted to Account Clerk-Advanced Level in the Public Works Department; and WHEREAS in October 2016 Linda was recognized for her excellent team work in her day to day duties in the Finance Division of the Public Works Department; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby recognize and honor Linda Weder for her 25 years of service and gives it's full appreciation for her high quality of work and dedicated service to the Public Works Department and the people of this 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: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 973 C.20 November 15, 2016 Contra Costa County Board of Supervisors 974 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joe Yee (925) 313-2104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 21 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Recognizing Roland Hindsman on the occasion of his retirement from Contra Costa County. November 15, 2016 Contra Costa County Board of Supervisors 975 AGENDA ATTACHMENTS Resolution No. 2016/637 MINUTES ATTACHMENTS Signed Resolution No. 2016/637 November 15, 2016 Contra Costa County Board of Supervisors 976 In the matter of:Resolution No. 2016/637 Recognizing Roland Hindsman on the occasion of his Retirement from Contra Costa County. WHEREAS, Roland Hindsman began his career with Contra Costa County on December 17, 1984, working as an Electrician in the Building Services Division of the Public Works Department providing technical and working expertise in the maintenance, troubleshooting, and repair of electrical and electronic systems in the County’s many buildings and traffic signals. WHEREAS, Roland promoted to Lead Electrician on July 1, 1991, in the General Services Department Signal Shop responsible for leading a team of electricians in the inspection, maintenance, and repair, of over 400 signalized intersections within the County and contracted cities. WHEREAS, Roland promoted to Assistant Building Maintenance Manager on March 2, 1998, to continue his career with the County as a mid-level manager in assisting the day to day operations of Building Services and project management of various activities. WHEREAS, Roland promoted to Facilities Maintenance Manager on October 1, 2004, responsible for management of all units of the Facilities Maintenance Division including all building trades, electronic systems specialists, traffic signal electricians, and stationary engineers. WHEREAS, under Roland’s excellent leadership, his Facilities Maintenance team provides exceptional service maintaining approximately 3.2 million square feet of building space so the County can serve the citizens of Contra Costa County. WHEREAS, Roland have received numerous commendations for his excellent attendance and performance of work provided to customer departments. WHEREAS, Roland’s dedication and support of Facilities Services led to receipt of the 2010 California Counties Facilities Services Association Award of Excellence by demonstrating exceptional dedication and leadership in facilities operations and management through best practices, process innovation, staff development, department automation, and cost saving measures.    NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors does hereby recognize and honor Roland Hindsman for his 32 years of service on the occasion of his retirement, and thanks him for his dedicated service to the Public Works Department and the people of this 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: November 15, 2016 November 15, 2016 Contra Costa County Board of Supervisors 977 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 978 C.21 November 15, 2016 Contra Costa County Board of Supervisors 979 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauri 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 17 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Resolution declaring November 17 as "World Pancreatic Cancer Day" in Contra Costa County. November 15, 2016 Contra Costa County Board of Supervisors 980 AGENDA ATTACHMENTS Resolution No. 2016/608 MINUTES ATTACHMENTS Signed Resolution No. 2016/608 November 15, 2016 Contra Costa County Board of Supervisors 981 In the matter of:Resolution No. 2016/608 recognizing November 17, 2016, as "World Pancreatic Cancer Day" in Contra Costa County. WHEREAS, in 2016, an estimated 53,070 people in the United States will be diagnosed with pancreatic cancer, one of the deadliest cancers, and 41,780 will die from the disease; and WHEREAS, pancreatic cancer surpassed breast cancer this year to become the third leading cause of cancer death in the United States, and it is projected to become the second leading cause by 2020; and WHEREAS, pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just eight percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally in later stages, and 71 percent of pancreatic cancer patients die within the first year of their diagnosis; and WHEREAS, approximately 4,390 deaths will occur in California in 2016; and WHEREAS, pancreatic cancer is the seventh most common cause of cancer-related death in men and women across the world; and WHEREAS, there will be an estimated 418,451 new pancreatic cancer cases diagnosed worldwide in 2020; and WHEREAS, the good health and well-being of the residents of Contra Costa County are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes and effective treatments. Now, Therefore, Be It Resolved that the Contra Costa County Board of Supervisors designate November 17, 2016 as “World Pancreatic Cancer Day” in the County of Contra Costa. ___________________ 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: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 982 PR.4, C.17 November 15, 2016 Contra Costa County Board of Supervisors 983 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauri Byers (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 19 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Resolution recognizing Alex Evans of the Moraga Orinda Fire District's Division Five. November 15, 2016 Contra Costa County Board of Supervisors 984 AGENDA ATTACHMENTS Resolution No. 2016/611 MINUTES ATTACHMENTS Signed Resolution No. 2016/611 November 15, 2016 Contra Costa County Board of Supervisors 985 In the matter of:Resolution No. 2016/611 recognizing Alex Evans of the Moraga-Orinda Fire District's Division 5. Whereas, Alex Evans represents the Moraga-Orinda Fire District's Division 5, and has been a director since 2012 and served as Board President in 2015; and Whereas, Alex Evans is the President and co-founder of EMC Research, Inc, a full-service research firm, specializing in polling, focus groups, and public opinion research consulting with clients that include private companies as well as government agencies; and Whereas, Alex has been a resident of Orinda since 2001, he and his wife Kitty live in Division 5, North Orinda, with their two children who have both attended local schools; and Whereas, Alex is a frequent community and school volunteer, serving in a variety of roles that have included scoreboard operator, Citizens' Infrastructure Oversight Committee and its predecessor the Infrastructure Commission; and Whereas, Alex has a Bachelor of Arts from the University of California, Berkeley, and a Master of Public Policy Degree from the University of Michigan. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County do hereby recognize and honor Alex Evans for his dedication to his community and it's residents. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 986 C.19 November 15, 2016 Contra Costa County Board of Supervisors 987 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauri Byers, (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 23 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Resolution recognizing Carla Young Garrett, President of the Center for Economic and Civic Education November 15, 2016 Contra Costa County Board of Supervisors 988 AGENDA ATTACHMENTS Resolution No. 2016/650 MINUTES ATTACHMENTS Signed Resolution No. 2016/650 November 15, 2016 Contra Costa County Board of Supervisors 989 In the matter of:Resolution No. 2016/650 recognizing Carla Young Garrett, President of the Center for Economic and Civic education. Whereas, Carla Young Garrett stopped teaching government/economics in 1999, and formed a nonprofit corporation in 2001 through which she would sell the simulations she had written as a teacher, specifically designed for teachers to create a political campaign, including Congress and all three levels of the court system in their classrooms; Moot Court grew out of those initial simulations; and Whereas, for the past twelve years, Carla has written the materials and hosted the “Moot Court Competition”; to host the competition there are a multitude of details that must be handled and Carla has done most of these duties on her own; and Whereas, Carla both solicited food donations as well as paid for them on her own, she has recruited attorneys and judges to volunteer for the competitions, since there are multiple teams from different schools, each match up is different, it takes a lot of time to create the proper match up, along with the large amount of clerical work that must be done before and after each competition; and Whereas, on competition day, meals are organized for the students and attorneys, score sheets are kept and certificates are created for the participants; and Whereas, Carla Young Garrett has spent countless volunteers hours and much of her personal funding to continuously create, organize and run the Mock Trials, instructing students and teachers in proper courtroom techniques and etiquette, her instruction has enlightened and inspired scores of students, teachers and attorneys in the county competition. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby honor and thank Carla Young Garrett for her energy and inspiration to many students, teachers and attorneys. ___________________ 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: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 990 PR.3, C.23 November 15, 2016 Contra Costa County Board of Supervisors 991 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Quallick (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Resolution Recognizing Ed Best Of the Alamo Municipal Advisory Council November 15, 2016 Contra Costa County Board of Supervisors 992 AGENDA ATTACHMENTS Resolution No. 2016/553 MINUTES ATTACHMENTS Signed Resolution No. 2016/553 November 15, 2016 Contra Costa County Board of Supervisors 993 In the matter of:Resolution No. 2016/553 Resolution Recognizing Ed Best of the Alamo Municipal Advisory Council Whereas, Ed Best was appointed to the Alamo Municipal Advisory Council in August of 2009, where he served until December 2016; and Whereas, Council Member Best advised the District II Supervisor on matters that included, but not limited to, public health, safety, welfare, public works and land use planning; and Whereas, during his term on the Alamo MAC, Council Member Best worked tirelessly to support the community of Alamo demonstrating leadership with his review of several land use planning matters that included the acquisition and development of Hemme Station Park, the Bocce Ball courts at Livorna Park and the Alamo Fire Station No. 32 review; and Whereas, Council Member Best was instrumental with the development of the YMCA Recreation Program for the community of Alamo, including several meetings with the YMCA and Public Works regarding program offerings, user fees, and the financial subsidy for R7 park funds for such a program; and Whereas, Council Member Best has been an instrumental part of the Alamo downtown revitalization efforts, including the development of the downtown roundabout and the phased sidewalk improvement and tree protection program on Danville Boulevard. Now, Therefore, Be It Resolved that the Contra Costa County Board of Supervisors does hereby honor and recognize Ed Best for his dedication, hard work and loyalty to Alamo and its residents. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 994 C.16 November 15, 2016 Contra Costa County Board of Supervisors 995 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauri Byers (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 18 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 15, 2016 Contra Costa County Subject:Resolution recognizing Fred Weil of the Moraga Orinda Fire District Board November 15, 2016 Contra Costa County Board of Supervisors 996 AGENDA ATTACHMENTS Resolution No. 2016/609 MINUTES ATTACHMENTS Signed Resolution No. 2016/609 November 15, 2016 Contra Costa County Board of Supervisors 997 In the matter of:Resolution No. 2016/609 recognizing Fred Weil of the Moraga Orinda Fire District Board. Whereas, Fred Weil has represented Moraga Orinda Fire District’s Division 2 as a Director since 2003, serving as President of the Board of Directors in 2008 and 2012; and Whereas, Fred and his wife Joan have been Moraga residents since 1972 and have raised three children, all of whom attended Moraga schools; and Whereas, Fred earned his B.S. degree in 1964 from the Illinois Institute of Technology and a J.D. degree in 1967 from the University of Chicago Law School. He is a partner at Hanson Bridgett LLP in San Francisco, where he practices corporate, tax and general commercial law and is a member of the firm’s management committee; and Whereas, shortly after moving to Moraga, Fred became a homeowner’s association board member and served on two Town of Moraga committees and a Moraga School District committee, he was also a founder of the Moraga School District committee and of the Moraga Education Foundation; and Whereas, Fred has been a community volunteer for over 39 years, serving on public boards for nearly 30 years and served nine years on the Moraga-Orinda Fire District Board. Now, Therefore, Be It Resolved that the Contra Costa County Board of Supervisors does hereby recognize and honor Fred Weil for his continued support to the community of Moraga and Contra Costa County. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA MARY N. PIEPHO District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, By: ____________________________________, Deputy November 15, 2016 Contra Costa County Board of Supervisors 998 C.18 November 15, 2016 Contra Costa County Board of Supervisors 999 RECOMMENDATION(S): APPOINT the following individuals to seats on the Emergency Medical Care Committee (EMCC) for a two-year term with an expiration date of September 30, 2018: Communications Center Managers’ Association Representative: Denise Pangelinan, San Ramon, CA 94583 Contra Costa Police Chiefs’ Association Representative: Jon King, Moraga, CA 94556 Contra Costa Office of the Sheriff Representative: Jason Vorhauer, Martinez, CA 94553 Contra Costa Health Services - Behavioral Health Representative: Cynthia Belon, Martinez, CA 94553 Ambulance Providers (Contra Costa 9-1-1 Service Contract) Representative: Terence Carey, Pleasant Hill, CA 94523 REAPPOINT the following individuals to seats on the Emergency Medical Care Committee (EMCC) for a two-year term with an expiration date of September 30, 2018: District IV Representative: Allan Tobias, Walnut Creek, CA 94598 Alameda-Contra Costa Medical Association Representative: Ellen APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Pat Frost, 646-4690 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Leticia Andreas, Tasha Scott, Marcy Wilhelm C. 24 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Appointments & Re-Appointments to the Emergency Medical Care Committee November 15, 2016 Contra Costa County Board of Supervisors 1000 RECOMMENDATION(S): (CONT'D) Leng, Walnut Creek, CA 94598 American Heart Association Representative: Elaina Petrucci Gunn, Oakland, CA 94612 Contra Costa Fire Chiefs’ Association Representative: Derek Krause, San Ramon, CA 94583 Emergency Nurses Association East Bay Chapter (from a Contra Costa County Receiving Hospital) Representative: David Samuelson, Walnut Creek, CA 94597 Hospital Council East Bay Representative: Florence Raskin, Oakland, CA 94611 Public Managers’ Association Representative: Gary Napper, Clayton, CA 94517 Trauma Center (Contra Costa Contract) Representative: Kacey Hansen, Walnut Creek, CA 94598 Air Medical Transportation Provider Representative: Ross Fay, Concord, CA 94520 Private Provider Field Paramedic Representative: Ross Wilson, Concord, CA 94520 Public Provider Field Paramedic Representative: Jon Michaelson, Oakley, CA 94561 Ex Officio Representative: Pat Frost, Martinez, CA 94553 Ex Officio Representative: David Goldstein, Martinez, CA 94553 FISCAL IMPACT: No fiscal impact. BACKGROUND: The EMCC is a multidisciplinary committee appointed by the County Board of Supervisors, to provide advice and recommendations on EMS-related matters to the Board, Health Services Director and its EMS Agency. Membership consists of consumer representatives, and representatives of EMS-related organizations and groups. CONSEQUENCE OF NEGATIVE ACTION: If this Board Order is not approved, none of the requested positions on the EMCC will be filled. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1001 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5020 authorizing new revenue in the amount of $126,941 from CSA P-6 Zone funding and appropriating it in the Sheriff's Office (0255) to add one Sheriff's Community Service Officer position to the Field Operations Bureau - Discovery Bay community. FISCAL IMPACT: This action increases revenues and appropriations by $126,941. There is no impact on the County General Fund. BACKGROUND: The Discovery Bay P6 Citizens Advisory Committee recommends the expenditure of P-6 funds to provide additional assistance related to speed enforcement in the Discovery Bay area. Adding a Sheriff's Community Service Officer would provide an enhanced level of public safety for the community and come at a reduced cost to the taxpayer compared to that of a sworn deputy. The CAC has determined that if approved, the addition of a Sheriff's Community Service Officer would help address the increase in requests for the Office of the Sheriff to assist in speed related enforcement for the Discovery Bay area. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Heike Anderson, Liz Arbuckle, Tim Ewell C. 29 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 15, 2016 Contra Costa County Subject:Appropriation Adjustment - Office of the Sheriff Community Service Officer FOB November 15, 2016 Contra Costa County Board of Supervisors 1002 CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the addition of a Sheriff's Community Services Officer will impact the safety and well-being of the Discovery Bay citizenry. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Appropriation and Revenue Adjustment No. 5020 MINUTES ATTACHMENTS Signed: Appropriation & Adjustment No. 5020 November 15, 2016 Contra Costa County Board of Supervisors 1003 November 15, 2016Contra Costa County Board of Supervisors1004 November 15, 2016Contra Costa County Board of Supervisors1005 November 15, 2016 Contra Costa County Board of Supervisors 1006 November 15, 2016 Contra Costa County Board of Supervisors 1007 RECOMMENDATION(S): Approve Appropriation and Revenue Adjustment No. 5025 authorizing the transfer of appropriations in the amount of $27,387 from Behavioral Health Services Division – Mental Health Services Act Innovation (0467/5899) to General Services – ISF Fleet Services (0064) for the purchase of one (1) vehicle for the implementation of the Partners in Aging program. FISCAL IMPACT: This action increases appropriations in General Services – Fleet Services (0064) and reduces appropriations in Behavioral Health Services (5899) by $27,387. This purchase is funded 100% by Mental Health Services Act funds. BACKGROUND: The Partners in Aging project seeks to provide more effective treatment for individuals who are frail, homebound, and suffer from multiple physical and mental impairments, especially those with co-occurring substance use disorders. Additionally, this project will utilize a home-based peer component to engage older adults who have been identified by Psychiatric Emergency Services (PES) as those in need of additional care. Peer support workers will link individuals discharged APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Tasha Scott, Marcy Wilhelm, Miu Tam C. 26 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Appropriation Adjustment for Behavioral Health Services Administration November 15, 2016 Contra Costa County Board of Supervisors 1008 BACKGROUND: (CONT'D) from PES to appropriate services and also provide in-home peer support services including efforts to increase clients’ skills in daily living activities as well as engagement with appropriate resources and social networks. Purchase of a vehicle will allow County to implement the Partners in Aging project. CONSEQUENCE OF NEGATIVE ACTION: If this appropriation adjustment is not approved, the Division will not be able to purchase a vehicle to implement the Partners in Aging project. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS TC24/27 No. 5025 MINUTES ATTACHMENTS Signed: Appropriation & Adjustment No. 5025 November 15, 2016 Contra Costa County Board of Supervisors 1009 November 15, 2016Contra Costa County Board of Supervisors1010 November 15, 2016Contra Costa County Board of Supervisors1011 November 15, 2016 Contra Costa County Board of Supervisors 1012 November 15, 2016 Contra Costa County Board of Supervisors 1013 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No.5023 and AUTHORIZE the transfer of appropriations from Employment and Human Services Department (EHSD Admin), Fund 100300 and appropriate it to Fleet Internal Service Fund (ISF), Autos and Trucks (Fleet), Fund 150100 in the amount of $31,187 for the purchase of one replacement vehicle (Ford E250 Asset #4596). FISCAL IMPACT: The replacement of one non-ISF vehicle will be funded 100% through EHSD Administration's budgeted funds (100% County). The replacement of a vehicle not in the ISF is initially funded with 100% county general funds. The vehicle is then placed in the ISF and usage charges (routine maintenance, mileage, fuel) are transferred from the ISF to EHSD. EHSD will claim these costs as general operating costs; they will be spread across all programs and funded with 45% federal, 45% state, and 10% county funds. Vehicles in the ISF in need of replacement are purchased with ISF funds. BACKGROUND: The Employment and Human Services Department (EHSD) Administration is retiring one vehicle and needs to replace this vehicle. The vehicle being retired is in need of costly repairs that would exceed the value of the vehicle. The vehicle to be retired is a non-ISF vehicle. EHSD Admin will replace this vehicle with an ISF vehicle purchase through the Public Works Department. This board order authorizes the transfer of appropriations from EHSD to the appropriate Public Works account. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown 925-313-1561 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd , Deputy cc: C. 25 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:Appropriation Adjustment for replacement of one vehicle in EHSD November 15, 2016 Contra Costa County Board of Supervisors 1014 CONSEQUENCE OF NEGATIVE ACTION: The Employment and Human Services Department would not be able to purchase the vehicle to replace the retired vehicle for the Information Technology Department (IT). The IT department's ability to maintain the technology needs of the county would be restricted. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS TC24/27 No. 5023 MINUTES ATTACHMENTS Signed: Appropriation and Adjustment No. 5023 November 15, 2016 Contra Costa County Board of Supervisors 1015 November 15, 2016Contra Costa County Board of Supervisors1016 November 15, 2016Contra Costa County Board of Supervisors1017 November 15, 2016Contra Costa County Board of Supervisors1018 November 15, 2016 Contra Costa County Board of Supervisors 1019 November 15, 2016 Contra Costa County Board of Supervisors 1020 November 15, 2016 Contra Costa County Board of Supervisors 1021 November 15, 2016 Contra Costa County Board of Supervisors 1022 RECOMMENDATION(S): Employment and Human Services (0504 and 0503): APPROVE Appropriation and Revenue Adjustment No. 5024 authorizing an adjustment to the Federal, State and County expenditure and revenue budgets based on revised caseload projections for CalWORKS (0504) and General Assistance (0503). FISCAL IMPACT: This action will adjust both the expenditure and revenue budgets of CalWORKS and General Assistance to more accurately reflect a reduction in caseload projections for FY 16/17. The net effect is a reduction to both expenditures and revenues of $4,381,232. There is no impact to the net county cost. BACKGROUND: Budget projections for recipient cash aid expenditures, which are based on caseload, are required to be prepared six months in advance of the current budget year. Consequently, the current CalWORKS cash aid expenditures were projected in January 2016 based on prior and projected caseloads. This budget adjustment will bring into alignment the current CalWORKS assistance expenditures to reflect actual recipient cash aid payments, which are lower than previously projected. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-313-1561 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 28 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:Appropriation Adjustments for CalWORKS and General Assistance November 15, 2016 Contra Costa County Board of Supervisors 1023 CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS TC24/27 No. 5024 MINUTES ATTACHMENTS Signed: Appropriation & Adjustment No. 5024 November 15, 2016 Contra Costa County Board of Supervisors 1024 November 15, 2016Contra Costa County Board of Supervisors1025 November 15, 2016Contra Costa County Board of Supervisors1026 November 15, 2016 Contra Costa County Board of Supervisors 1027 November 15, 2016 Contra Costa County Board of Supervisors 1028 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5026 increasing expenditure appropriations and estimated revenue by $2,215,167 from the State of California related to continued implementation of AB109 Public Safety Realignment for fiscal year 2016/17. FISCAL IMPACT: No additional fiscal impact. This action recognizes revenue allocations from the State of California at the FY 2016/17 budget level approved by the Community Corrections Executive Committee and the Board of Supervisors for AB 109 Public Safety Realignment. The expenditure appropriations were approved by the Board of Supervisors in May 2016 as part of the FY 2016/17 County Budget process. Today's action is necessary to update appropriations and revenue formally within the County budget. BACKGROUND: In 2011, the California Legislature passed and the Governor signed into law the Public Safety Realignment Act (Assembly Bill 109), which transfers responsibility for supervising specific low-level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) took APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Laura Strobel, Senior Deputy County Administrator C. 27 To:Board of Supervisors From:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:FY 2016/17 AB109 PUBLIC SAFETY REALIGNMENT BUDGET November 15, 2016 Contra Costa County Board of Supervisors 1029 BACKGROUND: (CONT'D) > effect on October 1, 2011 and realigns three major areas of the criminal justice system. On a prospective basis, the legislation: Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious, non-sex offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for these offenders; Transfers responsibility for post-release supervision of lower-level offenders (those released from prison after having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by creating a new category of supervision called Post-Release Community Supervision (PRCS); Transfers the housing responsibility for parole and PRCS revocations to local jail custody AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board of Supervisors a plan for implementing criminal justice realignment. The Board of Supervisors adopted the Contra Costa County Realignment Plan on October 4, 2011 (Agenda Item No. D.5), as recommended by the Executive Committee of the CCP. The Executive Committee of the CCP is composed of the County Probation Officer (Chair), Sheriff-Coroner, a Chief of Police (represented by the Richmond Police Chief), District Attorney, Public Defender, Presiding Judge of the Superior Court or designee (represented by the Court Director of Business Planning, Information and Programs), and County Behavioral Health Director. For fiscal year 2016/17, the Board of Supervisors approved a budget of $25,484,570, which is composed of $23,684,570 in various ongoing AB 109 implementation efforts and programming, $1,800,000 in one-time funding, and $2,215,167 in one-time funding carried forward from FY 2013/14 and 2014/15. Ongoing expenditures are primarily made up of salary and benefit costs for permanent employees and service contract expenditures while one-time expenditures include capital acquisition and/or fixed asset costs. For fiscal year 2016/17, Contra Costa County anticipates the receipt of $22,651,678 from the community corrections allocation of AB 109 Public Safety Realignment revenue. The CCP-Executive Committee approved the 2016/17 AB 109 Public Safety Realignment budget at the January 22, 2016 regular meeting and submitted to the Public Protection Committee for review and approval. On February 8, 2016, the Public Protection Committee accepted the CCP-Executive Committee's recommendations with an additional $500,000 to the Community Advisory Board and an additional $110,000 to the District Attorney's Office. On May 10, 2016, the Board of Supervisors formally approved the 2016/17 County Budget, including the AB 109 budget as recommended by the Public Protection Committee. Today's action adjusts revenue and expenditure appropriations based on funding from the State and the Approved AB 109 budget and keeps the 2016/17 County budget balanced. CONSEQUENCE OF NEGATIVE ACTION: Appropriations currently in the FY 2016/17 County budget will not accurately reflect allocations of the AB 109 Public Safety Realignment Program. AGENDA ATTACHMENTS TC24/27_5026 MINUTES ATTACHMENTS Signed: Appropriation & Adjustment No. 5026 November 15, 2016 Contra Costa County Board of Supervisors 1030 November 15, 2016 Contra Costa County Board of Supervisors 1031 November 15, 2016 Contra Costa County Board of Supervisors 1032 November 15, 2016 Contra Costa County Board of Supervisors 1033 November 15, 2016 Contra Costa County Board of Supervisors 1034 RECOMMENDATION(S): AUTHORIZE the Conservation and Development Director, or designee, to apply for membership and pay associated annual membership dues totaling $2,900 to the Local Government Sustainable Energy Coalition and the Urban Sustainability Directors Network, as recommended by the Ad Hoc Sustainability Committee. FISCAL IMPACT: Annual membership dues of $2,900 will be paid with General Fund revenues approved for DCD's use for sustainability programs in the County's FY 2016-17 Budget. BACKGROUND: As the County expands its work on sustainability and implementing the Climate Action Plan, it is important for the County to have access to the most current information about what is working at the local level for other government entities, and be able to advise the Board of Supervisors of activities by State agencies that may impact County policies and programs. Urban Sustainability Directors Network . The Urban Sustainability Directors Network (USDN) brings together sustainability directors from local governments in the U.S. and Canada. USDN provides a peer-to-peer information sharing network, with emphasis on what has worked for other jurisdictions, and what has not worked. The focus is on fostering collaboration. USDN provides weekly e-news updates, and hosts 20 user groups that meet every other month by phone for an hour. Members can participate in as many user groups as they wish. USDN was initially designed for cities, so counties are included as associate members and pay reduced dues of $400/year. Membership in APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jody London, 925-674-7871 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 30 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 15, 2016 Contra Costa County Subject:County Memberships in Sustainability Organizations November 15, 2016 Contra Costa County Board of Supervisors 1035 BACKGROUND: (CONT'D) > USDN may increase our chances of receiving a Partners for Places grant, which is designed to foster collaboration between local governments and place-based foundations on sustainability issues. USDN has been cited by local government sustainability coordinators as one of the best resources for their jobs. Local Government Sustainable Energy Coalition . The Local Government Sustainable Energy Coalition (LGSEC) is a statewide group for local governments, with a focus on advocacy before State energy regulators and peer-to-peer networking. The LGSEC is the only statewide group representing local governments at the point where implementation decisions are made about State energy programs. Two key energy efficiency programs for Contra Costa County funded by PG&E, the East Bay Energy Watch and the Bay Area Regional Energy Network, can trace their origins to advocacy by the LGSEC before the California Public Utilities Commission. The LGSEC hosts quarterly networking meetings that are always informative and allow us to learn what our peers are doing in other parts of the State. The LGSEC also puts out a newsletter every 5-8 weeks. Annual dues are $2,500 for a basic membership. The organization historically has covered funding for one person from a member entity to travel to the quarterly meetings if they are in a part of the State that requires air travel (i.e., they would reimburse us for one of our staff to travel to a meeting in LA or San Diego). The Board's Ad Hoc Sustainability Committee approved this recommendation on October 24, 2016. Supervisor Glover was not in attendance. CONSEQUENCE OF NEGATIVE ACTION: If the memberships are not authorized, staff will be less prepared to perform their duties related to sustainability and implementation of the Climate Action Plan, and the County will be less well-positioned to take advantage of opportunities in these issue areas. November 15, 2016 Contra Costa County Board of Supervisors 1036 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21995 to add the following represented classifications in the Health Services Department: one (1) 40/40 - Administrative Analyst (APWA) at salary plan and grade level ZB5-1277 ($4,099 - $4,982); one (1) 40/40 - Charge Nurse (VWTF) at salary plan and grade level L35-1883 ($9,341 - $10,298); twenty-seven (27) 40/40 - Public Health Nurse (VVXA) at salary plan and grade level LT2-1832 ($7,663 - $10,306); three (3) 40/40 - Registered Nurse - Experienced Level (VWXD) at salary plan and grade level L3H-0400 ($8,049 - $8,972); fifteen (15) 40/40 - Substance Abuse Counselor (VHVC) at salary plan and grade level TC5-1436 ($4,797 - $5,831); three (3) 40/40 - Clerk Senior Level (JWXC) at salary plan and grade level 3RX-1033 ($3,210 - $4,100); one (1) 40/40 - Public Health Program Specialist I (VBSD) at salary plan and grade level ZA5-1602 ($5,655 - $6,873); nine (9) 40/40 - Mental Health Clinical Specialist (VQSB) at salary plan and grade level TC2-1384 ($4,694 - $6,969); twenty-seven (27) 40/40 -Community Health Worker II (VKVB) at salary plan and grade level TC5-1043 ($3,251 - $3,951); APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jo-Anne Linares C. 36 To:Board of Supervisors From:William Walker, M.D., Health Services Date:November 15, 2016 Contra Costa County Subject:Add 98 permanent positions in the Health Services Department November 15, 2016 Contra Costa County Board of Supervisors 1037 RECOMMENDATION(S): (CONT'D) > five (5) 40/40 - Community Health Worker Specialist (VKTA) at salary plan and grade level TC5-1103 ($3,450 - $4,193); one (1) 40/40 - Medical Social Worker II (X4VH) at salary plan and grade level 255-1590 ($5,373 - $6,531); one (1) 32/40 - Health Services Planner/Evaluator - Level B (VCXD) at salary plan and grade level ZB2-1323 ($4,419 - $7,242); and four (4) 40/40 - Mental Health Community Support Worker I (VQWE) at salary plan and grade level TC5-0875 ($2,753 - $3,346) FISCAL IMPACT: Upon approval, this action has an approximate annual cost of $12,801,986 with estimated pension costs of $2,739,937 already included. This cost is 100% offset by the Whole Person Care Pilot Program funds. BACKGROUND: Contra Costa Health Services received funding for a Whole Person Care (WPC) Pilot Program from the California Department of Health Care Services (DHCS). The program provides an integrated physical health, behavioral health, and social services in a patient-centered manner with the goals of improved health and well-being of a vulnerable population. It targets Medi-Cal patients who are high risk, high utilizers of high acuity medical services and/or across multiple delivery systems. The program provides coordination of services through a three-pronged approach: 1) Integrated and Coordinated Data Systems, 2) Enhanced and Coordinated Case Management, and 3) a Sobering Center. It requires a robust staffing profile to meet the deliverables set forth by DHCS and to deliver the team-based case management and care coordination services to the County's highest utilizing Medi-Cal population. This is the second phase to add 98 positions in varied classifications including administrative, clinical, technical and management staff to address underlying social determinants of health that are leading to poor health outcomes. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Health Services will not have the appropriate staff for this program and risk losing $20 million annual funds from DHCS. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 No. 21995 HSD P300 No. 21995 Attachment 1 MINUTES ATTACHMENTS Signed P300 21995 November 15, 2016 Contra Costa County Board of Supervisors 1038 POSITION ADJUSTMENT REQUEST NO. 21995 DATE 11/1/2016 Department No./ Department Health Services Budget Unit No. 0450 Org No. 5747 Agency No. A18 Action Requested: Add 98 represented positions in the Health Services Department, as specified in Attachment 1. Proposed Effective Date: 11/16/2016 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $12,801,986.00 Net County Cost $0.00 Total this FY $2,739,936.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Whole Person Care Pilot Program funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Enid Mendoza 11/9/2016 ___________________________________ ________________ 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 11/9/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approved as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 15, 2016 Contra Costa County Board of Supervisors 1039 REQUEST FOR PROJECT POSITIONS Department Date 11/9/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 15, 2016 Contra Costa County Board of Supervisors 1040 November 15, 2016 Contra Costa County Board of Supervisors 1041 P300 No. 21995 - ATTACHMENT #1 WHOLE PERSON CARE PROGRAM PHASE 2 ADD the following 98 represented positions in the Health Services Department: · One (1) 40/40 – Administrative Analyst (APWA) Salary level ZB5-1277 ($4,099 - $4,982) · One (1) 40/40 – Charge Nurse (VWTF) Salary level L35-1883 ($9,341 - $10,298) · Twenty-seven (27) 40/40 – Public Health Nurse (VVXA) Salary level LT2-1832 ($7,663 - $10,306) . Three (3) 40/40 – Registered Nurse - Experienced Level (VWXD) Salary level L3H-0400 ($8,049 - $8,972) · Fifteen (15) 40/40 – Substance Abuse Counselor (VHVC) Salary level TC5-1436 ($4,797 - $5,831) · Three (3) 40/40 – Clerk – Senior Level (JWXC) Salary level 3RX-1033 ($3,210 – $4,100) . One (1) 40/40 – Public Health Program Specialist I (VBSD) Salary level ZA5-1602 ($5,655 - $6,873) . Nine (9) 40/40 – Mental Health Clinical Specialist (VQSB) Salary level TC2-1384 ($4,694 - $6,969) . Twenty-seven (27) 40/40 – Community Health Worker II (VKVB) Salary level TC5-1043 ($3,251 - $3,951) . Five (5) 40/40 – Community Health Worker Specialist (VKTA) Salary level TC5-1103 ($3,450 - $4,193) . One (1) 40/40 – Medical Social Worker II (X4VH) Salary level 255-1590 ($5,373 - $6,531) . One (1) 32/40 – Health Services Planner/Evaluator – Level B (VCXD) Salary level ZB2-1323 ($4,419 - $7,242) . Four (4) 40/40 – Mental Health Community Support Worker I (VQWE) Salary level TC5-0875 ($2,753 - $3,346) November 15, 2016 Contra Costa County Board of Supervisors 1042 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21993 to add one (1) Sheriff's Community Service Officer (64VI) (represented) position at salary plan and grade VN5 1336 ($4,472 - $5,436) in the Sheriff's Office - Patrol Division to serve the Discovery Bay community. FISCAL IMPACT: There is no fiscal impact to the Office of the Sheriff General Fund. The position is 100% funded through CSA P-6 Zone funding from Discovery Bay zones. The annual salary of a Sheriff's Community Service Officer is $126,941.11 with annual retirement cost of $17,508.12. BACKGROUND: The Discovery Bay P6 Citizens Advisory Committee (CAC) recommends the expenditure of P6 funds to provide additional assistance related to speed enforcement in the Discovery Bay area. Adding a Sheriff’s Community Service Officer would provide an enhanced level of public safety for the community and come at a reduced cost to the taxpayers compared to that of a sworn deputy. The CAC has determined that if approved, the addition of a Sheriff’s Community Service Officer would help address the increase in requests for the Office of the Sheriff to assist in speed related enforcement for the Discovery Bay area. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lori Brown (925) 335-1552 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Mary Jane Robb, Robyn Hanson C. 34 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 15, 2016 Contra Costa County Subject:Add one (1) Sheriff's Community Service Officer (64VI) position to Patrol Division - Field Operations Bureau November 15, 2016 Contra Costa County Board of Supervisors 1043 CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the utilization of Discovery Bay P-6 funds to provide the addition of a Sheriff’s Community Service Officer will result in a continual increase in un-addressed calls for assistance into the Office of the Sheriff. As the cost of a Sheriff’s Community Service Officer is substantially less than a sworn officer, this is a cost-effective use of P-6 monies. Failure to approve will impact the safety and well-being of the Discovery Bay citizenry. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 No. 21993 MINUTES ATTACHMENTS Signed P300 21993 November 15, 2016 Contra Costa County Board of Supervisors 1044 POSITION ADJUSTMENT REQUEST NO. 21993 DATE 9/20/2016 Department No./ Department Office of the Sheriff Budget Unit No. 0255 Org No. 2505 Agency No. 25 Action Requested: Add one (1) Sheriff's Community Service Officer (64VI) position to Patrol Division - Field Operations Bureau Proposed Effective Date: 10/1/2016 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 $126,941.11 Net County Cost $0.00 Total this FY $74,048.98 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Discovery Bay P-6 Zone funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane Robb ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Timothy M. Ewell 11/7/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/8/2016 Add one (1) Sheriff's Community Service Officer (64VI) (represented) position at salary plan and grade VN5 1336 ($4,472 - $5,436) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Scott Reid 11/8/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/9/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy M. Ewell Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 15, 2016 Contra Costa County Board of Supervisors 1045 REQUEST FOR PROJECT POSITIONS Department Date 11/9/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 15, 2016 Contra Costa County Board of Supervisors 1046 November 15, 2016 Contra Costa County Board of Supervisors 1047 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21994 to add the following twenty-three (23) represented positions in the Health Services Department: one (1) 40/40 Director of Safety and Performance Improvement (VWFA) at salary plan and grade level ZA5-2180 ($10,022 - $12,182); one (1) 40/40 Director of Ambulatory Care Nursing Services (VWDC) at salary plan and grade level ZL5-2126 ($10,073 - $12,244); one (1) 40/40 Infection Prevention and Control Manager (VWSF) at salary plan and grade level ZL5-2084 ($9,249 - $11,242); one (1) 40/40 Clinical Laboratory Scientist II (VHVD) at salary plan and grade level TC5-1809 ($6,941 - $8,437); two (2) 40/40 Assistant Clinical Laboratory Manager (VHGF) at salary plan and grade level ZA5-1829 ($7,080 - $8,606); two (2) 40/40 Health Services Education and Training Specialist (VWSM) at salary plan and grade level L35-1873 ($9,249 - $11,242); seven (7) 40/40 Occupational Therapist II (V5VH) at salary plan and grade level TC5-1746 ($6,521 - $7,027); six (6) 40/40 Physical Therapist (V5VF) at salary plan and grade level TC5-1746 ($6,521 - $7,027); two (2) 40/40 Speech Pathologist (VSVD) at salary plan and grade level TC5-1775 ($6,711 - $8,157) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 35 To:Board of Supervisors From:William Walker, M.D., Health Services Date:November 15, 2016 Contra Costa County Subject:Add twenty-three (23) permanent full-time positions in the Health Services Department November 15, 2016 Contra Costa County Board of Supervisors 1048 FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $3,953,665, with estimated pension costs of $865,503 already included. These costs will be 100% offset with third party revenues. BACKGROUND: The Joint Commission accredits and certifies nearly 21,000 health care organizations across the Country. On October, 28, 2016, the commission completed its survey of the Contra Costa Regional Medical Center and its health centers and a plan of correction was issued. Areas of concern included the need for higher level oversight of quality control related to infection control and ancillary services including rehabilitation therapy and laboratory services. The plan of correction must be addressed by the end of November 2016. These positions are necessary to provide high level oversight and management of programs focused on prevention and control of infectious diseases, quality management and safety performance improvement, inpatient and outpatient clinical laboratory services, rehabilitation therapy services and health education and training of clinical staff. Failure to address these issues may result in the loss of our accreditation status, which will lead to the decline of Federal and State funding to our health care system. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Regional Medical Center and its health centers may lose their accreditation from the Joint Commission, which can result in loss of federal and state funds. CHILDREN'S IMPACT STATEMENT: AGENDA ATTACHMENTS P300 No. 21994 HSD P300 No. 21994 Attachment 1 MINUTES ATTACHMENTS Signed P300 21994 November 15, 2016 Contra Costa County Board of Supervisors 1049 POSITION ADJUSTMENT REQUEST NO. 21994 DATE 11/2/2016 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6544 Agency No. A18 Action Requested: Add twenty-three (23) permanent full-time positions in the Health Services Department, as specified in Attachment 1. Proposed Effective Date: 11/16/2016 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 $3,953,665.80 Net County Cost $0.00 Total this FY $1,976,832.90 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% third party revenue offset Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Enid Mendoza 11/9/2016 ___________________________________ ________________ 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 11/9/2016 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 November 15, 2016 Contra Costa County Board of Supervisors 1050 REQUEST FOR PROJECT POSITIONS Department Date 11/9/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 15, 2016 Contra Costa County Board of Supervisors 1051 November 15, 2016 Contra Costa County Board of Supervisors 1052 P300 No. 21994 - ATTACHMENT #1 ADD the following twenty-three (23) positions in the Health Services Department: · One (1) 40/40 – Director of Safety and Performance Improvement (VWFA) Salary level ZA5-2180 ($10,022 - $12,182) · One (1) 40/40 – Director of Ambulatory Care Nursing Services (VW DC) Salary level ZL5-2126 ($10,073 - $12,244) . One (1) 40/40 – Infection Prevention and Control Manager (VWSF) Salary level ZL5-2084 ($9,249 - $11,242) . One (1) 40/40 – Clinical Laboratory Scientist II (VHVD) Salary level TC5-1809 ($6,941 - $8,437) . Two (2) 40/40 – Health Services Education and Training Specialist (VWSM) Salary level L35-1873 ($9,249 - $11,242) . Two (2) 40/40 – Assistant Clinical Laboratory Manager (VHGF) Salary level ZA5-1829 ($7,080 - $8,606) . Seven (7) 40/40 – Occupational Therapist II (V5VH) Salary level TC5-1746 ($6,521 - $7,027) . Six (6) 40/40 – Physical Therapist II (V5VF) Salary level TC5-1746 ($6,521 - $7,027) . Two (2) 40/40 – Speech Pathologist (VSVD) Salary level TC5-1775 ($6,711 - $8,157) November 15, 2016 Contra Costa County Board of Supervisors 1053 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21913 to establish the classification of Animal Center Operations Manager (BCGA) (represented) at salary plan and grade ZA5 1665 ($6,019-$7,316), and add one (1) Animal Center Operations Manager (BCGA) position; and cancel one (1) Animal Center Technician (BJWC) (represented) vacant position No. 16807 at salary plan and grade QA5 1041 ($3,120-$3,792) in the Animal Services Department. FISCAL IMPACT: The Department will cancel one Animal Center Technician position, which was budgeted for Fiscal Year 2016/17. These funds will be used to offset the funding needed for the New Animal Center Operations Manager position. The Animal Services Department is prepared to absorb the additional estimated personnel cost of $60,754, which includes approximately $12,804 in pension costs. All costs will be funded by 32% User fee, 31% City Revenues, 37% County. BACKGROUND: The demand for the Animal Services Department's shelter services has increased significantly since the beginning of 2016. The Animal Center Operations Supervisor is currently responsible for supervision of the shelter staff and their day-to-day activities; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Arturo Castillo C. 31 To:Board of Supervisors From:Beth Ward, Animal Services Director Date:November 15, 2016 Contra Costa County Subject:Establish and add one Animal Center Operations Manager position and cancel one Animal Center Technician position November 15, 2016 Contra Costa County Board of Supervisors 1054 BACKGROUND: (CONT'D) however, with the increase in both the number of staff and volume of work being performed in the shelter, there is an urgent need for a position to provide management of the overall operations of the Animal Care Programs. The incumbent will work under the supervision of the Animal Clinic Veterinarian-Exempt, who is in charge of the Department's Medical Division. The Animal Center Operations Manager will be integral in establishing and managing husbandry policies and procedures within the Animal Care Unit and ensuring management duties as needed by shelter operations are fulfilled. CONSEQUENCE OF NEGATIVE ACTION: If this classification is not established, the appropriate staffing levels will not be in place to support the work performed by the Animal Center Operations Supervisor and the Animal Clinic Veterinarian-Exempt, which impacts the overall quality of day-to-day services provided and the welfare of sheltered animals at the shelter. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 No. 21913 ASD MINUTES ATTACHMENTS Signed P300 21913 November 15, 2016 Contra Costa County Board of Supervisors 1055 November 15, 2016 Contra Costa County Board of Supervisors 1056 November 15, 2016 Contra Costa County Board of Supervisors 1057 November 15, 2016 Contra Costa County Board of Supervisors 1058 RECOMMENDATION(S): ADOPT Personnel Adjustment Resolution No. 21976 to cancel one (1) Clerk-Beginning Level (T) (JWXA)(represented) vacant position #2919 at salary plan and grade 3R5 0743 ($2,415-$2,936) and reclassify Clerk-Senior level (JWXC)(represented) position #2738 and it's incumbent at salary plan and grade 3RX 1033 ($3,210-$4,100) to Secretary-Advanced Level (J3TG) (represented) position at salary plan and grade 3R2 1163 ($3,772-$4,828) in the Office of the Sheriff's Department, Custody Services Bureau - Martinez Detention Facility. FISCAL IMPACT: An annual cost savings of $68,212 to the Office of the Sheriff General Fund, and $7,745 retirement annual savings. BACKGROUND: The incumbent of position #2738, a Clerk Senior level, is performing duties that reflect those of the classification of Secretary Advanced Level. These duties include managing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lori Brown (925) 335-1552 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robyn Hanson C. 32 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 15, 2016 Contra Costa County Subject:Cancel one (1) Clerk-Beginning Level (T) vacant position and reclassify a Clerk-Senior level position and its incumbent to Secretary Advance level November 15, 2016 Contra Costa County Board of Supervisors 1059 BACKGROUND: (CONT'D) email, phone and calendar for an Assistant Sheriff; taking and transcribing minutes for the Custody Services Bureau Managers biweekly meetings and the Bay Area Jail Managers Association quarterly meetings. Duties also include policy and procedure review, travel arrangements for staff training, and scheduling new employee orientation. These responsibilities were previously assigned to a Secretary Level employee within the Custody Services Bureau before the position was unfunded and abolished in 2011 due to budgetary reductions. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the employee will continue performing higher level duties without being properly classified and compensated. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 No. 21976 MINUTES ATTACHMENTS Signed P300 21976 November 15, 2016 Contra Costa County Board of Supervisors 1060 POSITION ADJUSTMENT REQUEST NO. 21976 DATE 8/10/2016 Department No./ Department Office of the Sheriff Budget Unit No. 0300 Org No. 2590 Agency No. 25 Action Requested: Position adjustment to reclassify Clerk-Senior level (JWXC) position (2738) and it's incumbent to Secretary Advanced level (J3TG) position (2738) in the Custody Services Bureau - Martinez Detention Facility and CANCEL one (1) Clerk-Beginning level (JWXA) position (2919) in the Custody Services Bureau - Martinez Detention Facility. Proposed Effective Date: 10/1/2016 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 ($68,212.00) Net County Cost ($68,212.00) Total this FY ($51,156.00) N.C.C. this FY ($51,156.00) SOURCE OF FUNDING TO OFFSET ADJUSTMENT Savings to the Office of the Sheriff general fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane Robb ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Timothy M. Ewell 10/17/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Cancel one Clerk-Beginning Level vacant position (2919), reclassify a Clerk-Senior Level (2738) and its incumbent to Secretary Advanced Level. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 10/1/2016(Date) Tanya Williams 11/1/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/8/16 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy M. Ewell Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 15, 2016 Contra Costa County Board of Supervisors 1061 REQUEST FOR PROJECT POSITIONS Department Date 11/8/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 15, 2016 Contra Costa County Board of Supervisors 1062 November 15, 2016 Contra Costa County Board of Supervisors 1063 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21981 to establish the classification of Quality Assurance Monitor (XQSP) (represented), add one position at salary plan and grade 255 1409 ($4,491-$5,459) and cancel one (1) vacant Clerk-Experienced Level (JWXB) (represented) position #6343 at salary plan and grade 3RH 0750 ($2,905-$3,605) in Employment and Human Services Department, Workforce Services Bureau. FISCAL IMPACT: Upon approval, this action will result in an approximate annual cost increase of $45,142, which includes estimated pension costs of $15,799. The new position will be funded by 76% Federal revenue, 14% State revenue, and 10% County cost. BACKGROUND: Employment and Human Services has two operating call centers, the Health Care Access Center (HCAC) and Medi-Cal CalFresh Service Center (MCSC). The call centers provide enrollment information pertaining to health care insurance associated with the Affordable Care Act (ACA), and promote Cal-Fresh benefits. In addition, the MCSC call center maintains ongoing Medi-Cal and CalFresh cases. For the month of October 2016, the Medi-Cal CalFresh Service Center (MCSC) received a total of 24,314 calls and the Health Care Access Center (HCAC) received 288 calls from the general public. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Holly Trieu 925-313-1560 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Holly Trieu C. 37 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:Establish Quality Assurance Monitor classification, add (1) position and cancel (1) Clerk-Experience Level in Workforce Services Bureau in EHSD November 15, 2016 Contra Costa County Board of Supervisors 1064 BACKGROUND: (CONT'D) The department is requesting a Quality Assurance Monitor to oversee the day-to-day operations for both call centers to ensure centers are meeting the department's quality assurance performance standards and adhering to the department's established procedures. The Quality Assurance Monitor will be responsible for monitoring performance data, evaluating client satisfaction, service levels, staffing levels and staff performance. Additional responsibilities will include: developing surveys and evaluation tools to evaluate and analyze service levels, performance indicators, staff performance levels, quality of interaction with customers, including accuracy of information provided to consumers, and the accuracy of data entry based on an average of data attributes and customer relations skills. CONSEQUENCE OF NEGATIVE ACTION: If this position is not approved, EHSD will not have the appropriate staff to monitor and maintain the quality assurance performance standards for the department's operating call centers. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS P300 No. 21981 EHSD MINUTES ATTACHMENTS Signed P300 21981 November 15, 2016 Contra Costa County Board of Supervisors 1065 POSITION ADJUSTMENT REQUEST NO. 21981 DATE 10/18/2016 Department No./ Department Employment and Human Services Budget Unit No. 0504 Org No. 5455 Agency No. A19 Action Requested: Establish the classification of Quality Assurance Monitor (XQSP) (represented), add one position and cancel one Clerk-Experienced Level (JWXB) (represented) vacant position #6343 in the Workforce Services Bureau at EHSD. Proposed Effective Date: 11/1/2016 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 $45,142.00 Net County Cost $4,514.00 Total this FY $26,333.00 N.C.C. this FY $2,633.30 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 76% Federal, 14% State, 10% County Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Holly Trieu 313-1560 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kevin J. Corrigan 10/20/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/25/2016 Establish the classification of Quality Assurance Monitor (XQSP) (represented), add one position at salary plan and grade 255 1409 ($4491-$5459) and cancel one (1) vacant Clerk-Experienced Level (JWXB) (represented) position #6343 at salary plan and grade 3RH 0750 ($2905-$3605) in Employment and Human Services Department/Workforce Services Bureau. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) OParra 11/7/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/9/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 15, 2016 Contra Costa County Board of Supervisors 1066 REQUEST FOR PROJECT POSITIONS Department Date 11/9/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 15, 2016 Contra Costa County Board of Supervisors 1067 November 15, 2016 Contra Costa County Board of Supervisors 1068 RECOMMENDATION(S): ADOPT Personnel Adjustment Resolution No.21949 to reclassify an Accountant III (SATA) (represented) position #13522 and its incumbent at salary plan and grade ZB5 1576 ($5,511-$6,699) to Supervising Accountant (SAHJ)(represented) position at salary plan and grade ZA5 1703 ($6,249-$7,596) in the Office of the Sheriff. FISCAL IMPACT: Annual increase to the Office of the Sheriff General Fund is $17,174.90. Retirement costs will increase by $3,665.64 annually. BACKGROUND: Over the past three years, the Office of the Sheriff's Personnel and Finance units underwent a reorganization to streamline operations and provide a more comprehensive staffing model to meet the needs of the Office. A Supervising Accountant is needed to oversee the Accounts Payable and Billing processes within the unit. This request to upgrade the position is justified due to the increase in responsibility, and the additional supervision of seven (7) subordinate staff members. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marcie Clark 925-335-1500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robyn Hanson C. 33 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 15, 2016 Contra Costa County Subject:Position adjustment to reclassify Accountant III (SATA) position # 13522 and its incumbent to Supervising Accountant (SAHJ) position. November 15, 2016 Contra Costa County Board of Supervisors 1069 CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this request would impede the organizational structure of the Office of the Sheriff’s Personnel and Finance units. This may result in inaccurate accounts payable and billing processes that would impact every division within the Office of the Sheriff. CHILDREN'S IMPACT STATEMENT: No Impact AGENDA ATTACHMENTS P300 No. 21949 MINUTES ATTACHMENTS Signed P300 21949 November 15, 2016 Contra Costa County Board of Supervisors 1070 POSITION ADJUSTMENT REQUEST NO. 21949 DATE 9/1/2016 Department No./ Department Office of the Sheriff Budget Unit No. 0255 Org No. 2500 Agency No. 25 Action Requested: Position adjustment to reclassify Accountant III (SATA) position # 13522 and its incumbent to Supervising Accountant (SAHJ) position. Proposed Effective Date: 10/1/2016 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost $17,174.00 Net County Cost $17,174.00 Total this FY $12,881.00 N.C.C. this FY $12,881.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane Robb ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Timothy M. Ewell 9/13/2016 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/1/2016 Reclassify one (1) Accountant III (SATA) position # 13522 and its incumbent to Supervising Accountant (SAHJ) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 11/1/2016(Date) Tanya Williams 11/1/2016 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/8/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Timothy M. Ewell Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 15, 2016 Contra Costa County Board of Supervisors 1071 REQUEST FOR PROJECT POSITIONS Department Date 11/8/2016 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 15, 2016 Contra Costa County Board of Supervisors 1072 November 15, 2016 Contra Costa County Board of Supervisors 1073 RECOMMENDATION(S): ADOPT Resolution No. 2016/649 authorizing the Sheriff-Coroner, or designee to apply for and accept State Homeland Security Grant Program (SHSGP) funds in an initial amount of $1,200,036 from the California Governor’s Office of Emergency Services, make required grant assurances and authorize specified Sheriff’s Office officials to act on behalf of the County to obtain funding for the period of September 1, 2016 through the end of grant fund availability. FISCAL IMPACT: $1,200,036, 100% Federal. No County match. BACKGROUND: The California Governor’s Office of Emergency Services (Cal OES) is responsible for designing and implementing homeland security initiatives and ensuring that the state is ready to protect lives and property by effectively preparing for, preventing, responding to, and recovering from all threats, crimes, hazards, and emergencies. To help fulfill this mission, Cal OES administers a pass-through program of federal homeland security grant funds to local public agencies through California. This program is critical to maintaining the quality and quantity of homeland security APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Jane Robb, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 43 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 15, 2016 Contra Costa County Subject:APPLICATION FOR FY 2016 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS November 15, 2016 Contra Costa County Board of Supervisors 1074 BACKGROUND: (CONT'D) initiative programs provided within the County. The funding will allow for enhanced coordination and communication among the disciplines to maximize protective actions, emergency preparedness, and the effective response to emergencies and disasters. The initial total grant program allocation provided to the County by the U.S. Department of Homeland Security and sub-granted through the State of California is $1,200,036. The grant application requires the County to adopt a resolution (attached) appointing an authorized agent to act on behalf of the Board of Supervisors by executing any actions necessary for each application and sub-grant. The application also requires the applicants to make certain grant assurances prescribing requirements to which the County will be held accountable. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff would not be able to accept this grant funding thus denying the acquisition of critical public safety equipment intended for the County Hospital, County Fire Departments, local Police Departments and the Office of the Sheriff. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Resolution No. 2016/649 MINUTES ATTACHMENTS Signed Resolution No. 2016/649 November 15, 2016 Contra Costa County Board of Supervisors 1075 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/649 IN THE MATTER OF : Applying for and Accepting 2016 State Homeland Security Grant Program funds. WHEREAS, the County of Contra Costa is seeking funds available through the California Homeland Security Grant Program administered by the California Governor's Office of Emergency Services; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors authorizes the Sheriff-Coroner or the Undersheriff or the Sheriffs Chief of Management Services, to execute for and on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal financial assistance provided by the U.S. Department of Homeland Security and sub-granted through the State of California related to the State Homeland Security Grant Program. Also, that the Board of Supervisors override the Authorized Body of 5 Committee so the Office of the Sheriff can acquire the grant funding; BE IT FURTHER RESOLVED, that this Resolution supersedes Resolution No. 2016/443 adopted previously by the Board of Supervisors. Contact: Mary Jane Robb, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 5 November 15, 2016 Contra Costa County Board of Supervisors 1076 November 15, 2016 Contra Costa County Board of Supervisors 1077 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Grant Award #28-888 (State #16 10711) with the California Department of Public Health, to pay County an amount not to exceed $106,843, for the Core Sexually Transmitted Disease (STD) Management Project, for the period from July 1, 2016 through June 30, 2019. FISCAL IMPACT: Approval of this Agreement will result in an amount not to exceed $106,843 for the Core STD Management Project. (No County match required) BACKGROUND: The purpose of this project is to implement evidence-based public health activities to proactively address sexually transmitted diseases within Contra Costa County, including prevention and control. Approval of Grant Award #28-888 will allow the County to participate in the Core STD Management Project through June 30, 2019. This agreement includes agreeing to indemnify and hold harmless the State from any claims arising out of the performance of this Agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, M Wihelm C. 41 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Approval of Grant Award #28-888 with the California Department of Public Health November 15, 2016 Contra Costa County Board of Supervisors 1078 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funds to provide additional prevention and control of STDs. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1079 RECOMMENDATION(S): ADOPT Resolution No. 2016/632 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with California Department of Aging, effective October 12, 2016, to increase the payment limit by $34,789 to a new payment limit of $60,945 for Medicare Improvements for Patients and Providers Act services with no change in term September 30, 2015 through September 29, 2017. FISCAL IMPACT: County to receive an amount not to exceed $60,945 (includes amendment amount of $34,789) per Agreement MI-1617-07 Amendment 1. (100% Federal) (No additional match) BACKGROUND: The California Department of Aging, Medicare Improvements for Patients and Providers Act (MIPPA) funding will continue to provide outreach and enrollment assistance to individuals who may be eligible for Medicare Part D low income subsidies and the Medicare Savings Program administered by Medi-Cal. These services will be performed by the Contra Costa County Health Insurance Counseling and Advocacy Program (HICAP). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 925-313-1717 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 38 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:California Department of Aging, Medicare Improvements for Patients and Providers Act (MIPPA) funding November 15, 2016 Contra Costa County Board of Supervisors 1080 CONSEQUENCE OF NEGATIVE ACTION: Without funding, Employment and Human Services, Area Agency on Aging, could not provide enhanced Medicare Improvements for Patients and Providers Act services. CHILDREN'S IMPACT STATEMENT: Not applicable. AGENDA ATTACHMENTS Resolution No. 2016/632 MINUTES ATTACHMENTS Signed Resolution No. 2016/632 November 15, 2016 Contra Costa County Board of Supervisors 1081 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/15/2016 by the following vote: AYE: John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2016/632 In The Matter Of: California Department of Aging, Medicare Improvements for Patients and Providers Act funding. WHEREAS, the Contra Costa County Employment and Human Services Department provides Medicare Improvements for Patients and Providers Act services, and, WHEREAS, the California Department of Aging has made additional funds available to County in an amount not to exceed $34,789 (Agreement MI-1617-07, Amendment 1). Now, Therefore, Be It Resolved: The Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with California Department of Aging to execute a contract amendment in an amount not to exceed $60,945 which includes the amendment amount $34,789 (Agreement MI-1617-07, Amendment 1) for Medicare Improvements for Patients and Providers Act services with no change in term September 30, 2015 through September 29, 2017. Contact: Elaine Burres, 925-313-1717 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 5 November 15, 2016 Contra Costa County Board of Supervisors 1082 November 15, 2016 Contra Costa County Board of Supervisors 1083 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the Energy Council, a joint powers agency, to accept funding in an amount not to exceed $45,000 to assist Pacific Gas and Electric Company (PG&E) with its East Bay Energy Watch (EBEW) Local Government Partnership Program for the period May 10 through December 31, 2016. FISCAL IMPACT: There will be no impact to the General Fund. The cost of Department of Conservation and Development (DCD) staff time spent assisting PG&E and the Energy Council with its EBEW Local Government Partnership Program for calendar year 2016 will be funded through this contract. BACKGROUND: East Bay Energy Watch (EBEW) is a Local Government Partnership (LGP) collaboration between PG&E, local governments, non-profit and for-profit service providers in the East Bay providing energy efficiency solutions for residents and businesses in communities throughout Alameda and Contra Costa Counties. EBEW is one of twenty-one (21) Energy Watch LGPs administered by PG&E and funded by California utility ratepayers under the auspices of the California Public Utilities Commission (CPUC). EBEW consists of city and county staff members of both Alameda and Contra Costa Counties that work together to support energy efficiency programs to meet the needs of local customers and communities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 40 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 15, 2016 Contra Costa County Subject:Contract with Energy Council to Support East Bay Energy Watch Activities November 15, 2016 Contra Costa County Board of Supervisors 1084 BACKGROUND: (CONT'D) Since 2010, the County has been actively participating in EBEW and receiving funding to assist with marketing and outreach on the various energy efficiency incentive (rebate) programs being offered to businesses throughout Contra Costa. (EBEW primarily focuses on programs for businesses but it does have one relatively small program for residents. The County has not participated in this aspect because it would require start-up funding from the County, is not seen as cost-effective, and the County is able to provide rebates to residents through a different program called the Bay Area Regional Energy Network (BayREN)). In early 2016, the County was allocated funding to act as Co-Administrator in partnership with the Energy Council joint powers agency formed by Alameda County and its cities) to (1), support EBEW administrative functions on behalf of EBEW programs in Contra Costa County and (2), implement a marketing and outreach campaign targeting small/medium businesses within the incorporated and unincorporated areas of the County. Due to the new Co-Administrator partnership role and the unique nature of the required contract language and funding source, both agencies needed a substantial amount of time to craft mutually agreeable contract provisions. Under the contract, the County will indemnify, defend, and hold harmless Energy Council only to the extent that a claim arises from the County's negligence and willful misconduct while performing its obligations under the contract. The proposed effective date of this contract will provide for cost reimbursement for eligible work completed by DCD staff, in accordance with the contract requirements. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County would not be eligible to receive up to $45,000 in funding to offset the cost of DCD staff time dedicated to supporting EBEW activities on behalf of the incorporated and unincorporated areas of the County for 2016. November 15, 2016 Contra Costa County Board of Supervisors 1085 RECOMMENDATION(S): APPROVE and AUTHORIZE the Fire Chief, or designee, to apply for and accept grant funding from the U.S. Department of Homeland Security, Federal Emergency Management Agency, Assistance to Firefighters Grant Program in an amount not to exceed $350,000 for the purchase and installation of a Phase 5 live fire training unit. FISCAL IMPACT: 90% Federal funds. There is a 10% local agency cost sharing requirement. The grant award(s) may be lower than the amount requested and will be for a period of one year from the effective date of award(s). BACKGROUND: The purpose of the Assistance to Firefighters Grant (AFG) Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing direct financial assistance to eligible fire departments for critically needed resources to equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. The AFG Program supports the basic mission to strengthen national preparedness and resilience. The AFG Program also addresses the following "Core Capabilities" of the National Preparedness Goal: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Aaron McAlister, Asst Chief (925) 941-35013 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 44 To:Contra Costa County Fire Protection District Board of Directors From:Jeff Carman, Chief, Contra Costa County Fire Protection District Date:November 15, 2016 Contra Costa County Subject:FY 2016 Assistance to Firefighters (AFG) Grant November 15, 2016 Contra Costa County Board of Supervisors 1086 BACKGROUND: (CONT'D) Fire Management and Suppression Environmental Response/Health and Safety Threats and Hazards Identification Public Health, Healthcare, and Emergency Medical Services Operational Coordination Operational Communications Mass Search and Rescue Operations Community Resilience Long-term Vulnerability Reduction This grant will request funding for the acquisition and installation of a Phase 5 live fire training system. This system enables firefighters to incrementally develop knowledge of fire behavior and skills for fire control and suppression as they advance through five available skill centers. The system includes a purpose-built training unit that replicates real-world scenarios. This enables instructors to deliver extremely realistic, hands-on training. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County is home to major industry, railroads, local and state roadways, and dense population and commercial centers built on four major earthquake faults. It is imperative that District personnel are trained to the highest standards to provide the best possible emergency response to its residents. Failure to approve this grant request would cause the District to forego the purchase of the specialized live fire training unit until additional fiscal resources are available. November 15, 2016 Contra Costa County Board of Supervisors 1087 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $5,000 from The San Pablo Koshland Civic Unity Fellows to provide materials and services to the San Pablo Library for the period January 1 through December 31, 2017. FISCAL IMPACT: No Library Fund match. BACKGROUND: The San Pablo Koshland Civic Unity Fellows are part of The San Francisco Foundation’s Koshland Civic Unity program that recognizes local leaders who work collaboratively to strengthen the assets in their community and address community concerns and needs. The Daniel E. Koshland Civic Unity Program was established in 1982 by The San Francisco Foundation as a memorial to one of its founders and major benefactors, Daniel E. Koshland, a businessman and philanthropist who committed himself to making the Bay Area a better place in which to live. The receipt of this grant will support work that increases positive connections among parents/guardians and youth (aged 13-18) in San Pablo. This emphasis is based on the belief that investing resources towards youth and their parents will support the community as a whole. The funds for this grant will be used to provide workshops and materials for a Maker technology series serving youth in San Pablo ages 13-18 and their parent/guardians. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alison McKee 925-927-3290 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 39 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:November 15, 2016 Contra Costa County Subject:Grant in the Amount of $5,000 from The San Pablo Koshland Civic Unity Fellows November 15, 2016 Contra Costa County Board of Supervisors 1088 CONSEQUENCE OF NEGATIVE ACTION: The San Pablo Maker series for youth in San Pablo and their parents and guardians will not happen. CHILDREN'S IMPACT STATEMENT: The Maker program will give youth in San Pablo ages 13-18 and their parents the opportunity to work side by side, applying their creativity both to the use of existing tools and the invention of new ones through the use of Maker community mentors. Positive engagement with parents and adult mentors decreases teenagers’ risk for poor decision-making and creates opportunities for them to positively engage with their communities. Research has shown that when teens are given more opportunities to participate in STEM/STEAM programs, they are more likely to pursue a post-secondary education. For these reasons, this program supports the following Children's Impact Statements: Children Ready for and Succeeding in School Children and Youth Healthy and Preparing for Productive Adulthood Communities that are Safe and Provide a High Quality of Life for Children and Families November 15, 2016 Contra Costa County Board of Supervisors 1089 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute an Interagency Agreement with Merced County Department of Child Support Services, a government agency, to pay the County an amount not to exceed $120,000, to provide Early Intervention Services for the period of October 1, 2016 through September 30, 2017. FISCAL IMPACT: Approval of this Interagency Agreement will result in a total payment to the County, not to exceed $120,000 during the term of the agreement. No County matching funds required. BACKGROUND: The California State Department of Child Support Services has issued a statewide mandate for local child support agencies to focus on early intervention efforts to prevent payment delinquency and increase collections. The Department of Child Support Services has a contract with Maximus Human Services, Inc. to provide early intervention services. The pricing structure in the County's contract with Maximus includes discounts based on the volume of cases. Merced County Department of Child Support Services has requested to submit their cases with Contra Costa County to increase the volume of cases submitted and thereby reduce the per case cost. This is a collaborative effort to address the State mandate and to accomplish this task in a cost efficient manner by leveraging the buying power of multiple agencies. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sarah Bunnell, 925-313-4433 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 42 To:Board of Supervisors From:Linda Dippel, Child Support Services Director Date:November 15, 2016 Contra Costa County Subject:Interagency Agreement with Merced County Department of Child Support Services November 15, 2016 Contra Costa County Board of Supervisors 1090 CONSEQUENCE OF NEGATIVE ACTION: Merced County would not be able pay Contra Costa County to act as an intermediary and as a result, neither county could benefit from the discount offered. CHILDREN'S IMPACT STATEMENT: Approval of this action will help the Department of Child Support Services collect child support payments, and pass these collections on to the home for the benefit of the children associated with cases within this Department. November 15, 2016 Contra Costa County Board of Supervisors 1091 RECOMMENDATION(S): Acknowledge receipt of notice from Walnut Creek Surgical Associates, Inc., a corporation, requesting termination of Contract #27-865-2, effective at the close of business on October 31, 2016. APPROVE and AUTHORIZE the Health Services Director, or designee, to terminate this contract effective close of business on October 31, 2016, as agreed upon by both parties FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On December 8, 2015, the Board of Supervisors approved Contract #27-865-2 with Walnut Creek Surgical Associates, Inc., for the provision of general surgery services for Contra Costa Health Plan members, for the period from February 1, 2016 through January 31, 2018. The purpose of this Board Order is to advise the Board of Supervisors that the Department and the Contractor have agreed to terminate Contract #27-865-2, effective at the close of business on October 31, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 57 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Acknowledge Termination of Contract #27-865-3 with Walnut Creek Surgical Associates, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1092 CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1093 RECOMMENDATION(S): Approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with Contra Costa Economic Partnership Inc., effective October 31, 2016, to increase the payment limit by $140,000 to a new payment limit of $225,000, to extend the term to April 1, 2016 through to June 30, 2017, and to expand the scope of work to include: support of the transportation and logistics sector in addition to continued communications, public relations, and outreach services, to raise the profile of key industry sectors in Contra Costa County and the East Bay region by promoting the East Bay Slingshot Initiative. (100% Federal) FISCAL IMPACT: $225,000: 100% Federal (Workforce Innovation and Opportunity Act) (CFDA #17.258) BACKGROUND: The goal of the East Bay Slingshot initiative is to enable Employment and Human Services Department's (EHSD) Workforce Development Board (WDB) and its network of partners to be better positioned to provide high-quality services and value to key industry sectors and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, 925-313-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 50 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:Amend Contract with Contra Costa Economic Partnership Inc. November 15, 2016 Contra Costa County Board of Supervisors 1094 BACKGROUND: (CONT'D) businesses, while helping this same network be more responsive to and engaged in, regional strategic priorities. California Workforce Development Board (CWDB) provides funds for these partnerships. Contra Costa Economic Partnership will work with EHSD's WDB in providing communications, public relations, and outreach services to raise the profile of key industry sectors in Contra Costa County and the East Bay region, by promoting the East Bay Slingshot initiative. This amendment expands the scope of work to include activities specifically related to support the transportation and logistics sector: business engagement, environmental scans, and providing assistance to transportation/logistic employers around identified areas of need, including documentation of issues/needs, organization and coordination of meetings, assembling and distribution of information, and other sector-related strategies. CONSEQUENCE OF NEGATIVE ACTION: EHSD WDB will not receive valuable assistance to support coordination between regional economic development organizations, educational systems, and workforce development boards to support the needs of business and job seeker customers in the region. CHILDREN'S IMPACT STATEMENT: This contract supports all 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 seeker customers. November 15, 2016 Contra Costa County Board of Supervisors 1095 RECOMMENDATION(S): Approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with Julia Dyckman Andrus Memorial, Inc., effective October 30, 2016, to increase the payment limit by $37,290 for a new payment limit of $170,460, and extend the term from October 31, 2016 to December 31, 2016, for additional trauma awareness training services to Youth Justice Initiative partners and EHSD California Work Opportunity and Responsibility and Welfare-to-Work staff. (58% State, 42% Federal) FISCAL IMPACT: $170,460.00: 58% State, 42% Federal (CFDA # 93.558, 16.738M) BACKGROUND: Contra Costa County, through its Contra Costa County Employment and Human Services Department (County, Zero Tolerance for Domestic Violence Initiative (ZTDVI)), was awarded a three-year Justice Assistance Grant (JAG) in order to implement the Youth Justice initiative (YJI) in Contra Costa County. County has engaged Julia Dyckman Andrus Memorial, Inc., to assist in carrying out activities consistent with the funding application. The YJI applies innovative evidence-based APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 925-313-1648 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 60 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:Amend Contract with Julia Dyckman Andrus Memorial, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1096 BACKGROUND: (CONT'D) practices to improve outcomes and to create a model for improved school engagement, successful prevention of juvenile justice involvement by youth, and recidivism reduction. Contractor will provide technical assistance, on-going training, and other tools in order to implement a trauma-informed violence prevention model pilot in the Antioch Unified School District, as well as provide trauma-informed practices and tools overall to YJI partners. YJI partners include Contra Costa County Probation, Contra Costa County District Attorney, Contra Costa County Public Defender, EHSD bureaus, and community-based agencies. This amendment provides funding and time for additional trauma awareness training services to YJI partners, EHSD California Work Opportunity and Responsibility and Welfare-to-Work staff and supervisors. CONSEQUENCE OF NEGATIVE ACTION: EHSD California Work Opportunity and Responsibility and Welfare-to-Work staff and supervisors will not be able to provide improved service delivery that results from increase trauma awareness practices. CHILDREN'S IMPACT STATEMENT: The services provided under this contract support 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” by providing trauma awareness training to EHSD staff as well as Youth Justice Initiative partners. November 15, 2016 Contra Costa County Board of Supervisors 1097 RECOMMENDATION(S): Approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with Planet Technologies, Inc., effective December 1, 2016, to increase the payment limit by $50,000 to a new payment limit of $140,795 for additional professional information technology (IT) services, to upgrade and enhance the department's Intranet and Shared Text Automated Retrieval System (STARS) and to extend the term end date from June 30, 2017 to December 31, 2017. (45% Federal, 45% State, 10% County) FISCAL IMPACT: $140,795: 100% Administrative Overhead (45% Federal, 45% State, 10% County) BACKGROUND: Planet Technologies, Inc. (PT) has provided professional IT services to enhance EHSD's On-Line Court Report System and assist in building the department's Intranet. The successful enhancements to the On-Line Court Report System has improved how attorneys and the courts access documents relevant to their cases. The Intranet upgrade has improved departmental communications and has provided a resource to address regulations, procedures and policies for programs and computer APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, 925-313-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 48 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 15, 2016 Contra Costa County Subject:Amend Contract with Planet Technologies, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1098 BACKGROUND: (CONT'D) systems in support of those programs. This amendment will upgrade EHSD's Intranet to SharePoint 2013 and migrate the Shared Text Automated Retrieval System (STARS) to SharePoint 2013. CONSEQUENCE OF NEGATIVE ACTION: EHSD will be unable to implement Phase II of the Intranet design and STARS upgrade. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1099 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order Amendment with Food Service Partners, Inc. to add $500,000 for a new total amount not to exceed $1,574,003, to purchase meals for patients and staff at the Contra Costa Regional Medical Center (CCRMC) while the cafeteria and kitchen are being renovated, with no change in the term from April 1, 2016 through December 31, 2016. FISCAL IMPACT: 100% funding is included in Hospital Enterprises Fund I Budget. BACKGROUND: Due to the closure of the kitchen, the cafeteria does not have the ability to prepare meals for patients, staff and patrons. During this closure the hospital has partnered with Food Service Partners, Inc. to provide this essential service. The completion of this project has been delayed waiting for the Office of Statewide Health Planning and Development to approve it. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Margaret Harris C. 54 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Amendment to Purchase Order for Food Service Partners, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1100 CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC will not be able to meet the nutritional needs of patients and staff. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1101 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract Amendment Agreement #27-809-4 with Diablo Valley Oncology and Hematology Medical Group, a corporation, effective January 1, 2017, to amend Contract #27-809-3, to increase the payment limit by $350,000, from $2,000,000 to a new payment limit of $2,350,000, with no change in the original term of August 1, 2016 through July 31, 2018. FISCAL IMPACT: This amendment is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On August 9, 2016, the Board of Supervisors approved Contract #27-809-3 with Diablo Valley Oncology and Hematology Medical Group, for the provision of hematology, oncology and urology, for the period from August 1, 2016 through July 31, 2018. Approval of Contract Amendment Agreement #27-809-4 will allow the Contractor to provide general surgery services in addition to hematology/oncology and urology services, through July 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 58 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Amendment #27-809-4 with Diablo Valley Oncology and Hematology Medical Group November 15, 2016 Contra Costa County Board of Supervisors 1102 CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1103 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract Amendment Agreement #74-037-24 with Contra Costa ARC, a non-profit corporation, effective November 1, 2016, to amend Contract #74-037-23, to increase the payment limit by $17,700, from $180,000 to a new payment limit of $197,700, with no change in the original term of January 1, 2016 through December 31, 2016. FISCAL IMPACT: This amendment is funded 100% CalWORKs funds. (No rate increase) BACKGROUND: On March 1, 2016, the Board of Supervisors approved Contract #74-037-23 with Contra Costa ARC for the provision of mental health services to recipients of the CalWORKs Program and their children, including individual, group and family collateral counseling, case management, and medication management services to reduce barriers to employment, for the period from January 1, 2016 through December 31, 2016. At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization and service units during the term of the Contract were higher than originally anticipated. Approval of Contract Amendment Agreement #74-037-24 will allow the Contractor to provide additional service units through December 31, 2016. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala, M Wilhelm C. 61 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Amendment #74-037-24 with Contra Costa ARC November 15, 2016 Contra Costa County Board of Supervisors 1104 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, CalWORKs recipients will not have sufficient access to mental health services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Families that are safe, stable and Nurturing.” Expected program outcome is increased number of CalWORKs participants ready to return to the labor force and earn income after they and their families receive mental health services under this contract. November 15, 2016 Contra Costa County Board of Supervisors 1105 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Chief Information Officer, a blanket purchase order with Graybar Electric Company in an amount not to exceed $2,500,000 for the procurement of radio, telecommunications equipment and parts, as needed, for the period November 15, 2016 through December 31, 2017. FISCAL IMPACT: $2,500,000 (100% User Fees); all costs are charged to the ordering departments through DoIT's billing process. BACKGROUND: The Department of Information Technology's Telecommunications and Radio divisions need to be able to readily purchase parts and supplies, in order to complete Work Order requests and other jobs submitted by their customers. The pricing is pursuant to U.S. Communities Contract Master Agreement NO. MA-IS-1-040223 solicited by the County of Los Angeles, California, 3 year initial term, January 1, 2015 - December 31, 2017 with an option to renew for (2) additional (1) year periods. In accordance with Administrative Bulletin No. 611.0, blanket purchase orders in excess of $100,000 require Board of Supervisors approval. The County Administrator's Office has reviewed this request and recommends approval. CONSEQUENCE OF NEGATIVE ACTION: If the action is not approved, DoIT will not have the necessary means to process and pay anticipated expenses through the Blanket Purchase Order. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 47 To:Board of Supervisors From:Ed Woo, Chief Information Officer Date:November 15, 2016 Contra Costa County Subject:Blanket Purchase Order with Graybar Electric Company for Supplies November 15, 2016 Contra Costa County Board of Supervisors 1106 November 15, 2016 Contra Costa County Board of Supervisors 1107 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract amendment with the National Council on Crime and Delinquency (NCCD) to extend the term from September 30, 2016 to March 31, 2017 with no change in the payment limit to provide evaluation and assessment of the County's Smart Probation program. FISCAL IMPACT: 100% Federal Grant Funded. Funds for evaluation services are received from the "Smart Probation: Reducing Prison Populations, Saving Money, and Creating Safer Communities" grant awarded by the Department of Justice. No General Funds will be used. BACKGROUND: Effective October 1, 2013, the Contra Costa County Probation was awarded the FY2013 "Smart Probation: Reducing Prison Populations, Saving Money, and Creating Safer Communities" grant. The budget included funds for NCCD to provide evaluation and performance assessment. The goal of this grant is to increase effective evidenced-based probation programs that address offender's needs and reduce recidivism. Funds will increase capacity within the Probation Department to implement evidence-based practices that target high-risk probationers by developing and promoting APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:Todd Billeci, County Probation Officer Date:November 15, 2016 Contra Costa County Subject:Contract Extension with National Council on Crime and Delinquency (NCCD) November 15, 2016 Contra Costa County Board of Supervisors 1108 BACKGROUND: (CONT'D) the integration of probation supervision strategies and tools to facilitate effective reentry, expand options for access to health care upon re-entry, and evaluate the results of new strategies and tools tested through this initiative. Additionally, data gathered will be used to evaluate and validate delivery of probation services and improve customer service. The evaluation of the Probation Department's "Smart Probation" program has taken longer than originally expected. As a result the Probation Department submitted a Grant Adjustment Notice (GAN) to extended the grant period through March 31, 2017. The contract is being extended to align with the new grant termination date. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County Probation will not be able to evaluate the effectiveness of the Smart Probation grant program. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1109 RECOMMENDATION(S): Approve and authorize the Health Services Director, or designee, to execute, on behalf of the County, Contract #24-991-17 with Alexander Gorodetsky, M.D., an individual, in an amount not to exceed $116,480, to provide outpatient psychiatric services at the West County Adult Mental Health Clinic for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment. (No rate increase) BACKGROUND: On December 8, 2015, the Board of Supervisors approved Contract #24-991-16 with Alexander Gorodetsky, M.D., for the provision of outpatient psychiatric services, including, but not limited to; diagnosing, counseling, evaluating, and providing medical and therapeutic treatment to County patients, for the period from January 1, 2016 through December 31, 2016. Approval of Contract #24-991-17 will allow Contractor to continue providing outpatient psychiatric services at the West County Adult Mental Health Clinic, through December 31, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 51 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Contract #24-991-17 with Alexander Gorodetsky, M.D. November 15, 2016 Contra Costa County Board of Supervisors 1110 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1111 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract #26-595-13 with Bay Area Executive Search, Inc., a corporation, in an amount not to exceed $170,000, to provide recruitment for pharmacist candidates, and specialized registered nurses for the Safety and Performance Improvement Department for the period from November 1, 2016 through October 31, 2017. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On December 15, 2015, the Board of Supervisors approved Contract #26-595-12 with Bay Area Executive Search, Inc., for the provision of recruitment for pharmacist candidates, and specialized registered nurses for the Safety and Performance Improvement Department, for the period from November 1, 2015 through October 31, 2016. Approval of Contract #26-595-13 will allow Contractor to continue providing recruitment for pharmacist candidates, and specialized registered nurses for the Safety and Performance Improvement Department through October 31, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 53 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Contract #26-595-13 with Bay Area Executive Search, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1112 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, recruitment services will not be provided by the Contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1113 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-692-11 with Applied Remedial Services, Inc., a corporation, in an amount not to exceed $350,000, for removal and disposal of hazardous waste materials at the Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: This contract is 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On January 5, 2016, the Board of Supervisors approved Contract #26-692-9 Applied Remedial Services, Inc., for the period from January 1, 2016 through December 31, 2016, for the provision of removal and disposal of hazardous waste and chemicals for CCRMC. Approval of Contract #26-692-11 will allow the Contractor to continue to provide removal and disposal of hazardous waste and chemicals to comply with state and federal regulations, through December 31, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Contract #26-692-11 with Applied Remedial Services, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1114 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC will not have access to Contractor’s services, and will not be in compliance with mandatory State and Federal Regulations. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1115 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-741-6 with Martha D. Newman, an individual, in an amount not to exceed $300,000, to provide consultation and technical assistance to Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC) related to Public Hospital Redesign and Incentives in Medi-Cal (PRIME) program, quality improvement, and strategic methodology, for the period from December 1, 2016 through November 30, 2017. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On December 8, 2015, the Board of Supervisors approved Contract #26-741-4 (as amended by Amendment Agreement #26-741-5) with Martha D. Newman for the provision of consultation and technical assistance to CCRMC for the development of quality metrics, leadership strategies and educational goals for Delivery System Reform Incentive Payment (DSRIP) Program, for the period from December 1, 2015 through November 30, 2016. Approval of Contract #26-741-4 will allow the Contractor to continue to provide consultation and technical assistance to CCRMC for PRIME program, quality improvement, and strategic planning and methodology through November 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: K Cyr, M Wilhelm C. 49 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Contract #26-741-6 with Martha D. Newman November 15, 2016 Contra Costa County Board of Supervisors 1116 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not have access to Contractor’s expertise in quality improvement projects, including the PRIME program. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM CORRECTED TO READ: APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Martha D. Newman, in an amount not to exceed $300,000, $250,000 to provide consultation and technical assistance to Contra Costa Regional Medical and Health Centers Public Hospital Redesign and Incentives in Medi-Cal program, for the period December 1, 2016 through November 30, 2017. (100% Hospital Enterprise Fund I) November 15, 2016 Contra Costa County Board of Supervisors 1117 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract #27-986-1 with Sonja Robinson, R.N. (dba Healthcare Solulations USA), an individual, in an amount not to exceed $384,000, to provide consultation on utilization review, authorization and referral processes for Contra Costa Health Plan for the period from December 1, 2016 through November 30, 2017. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On December 8, 2015 the Board of Supervisors approved Contract #27-986 with Sonja Robinson, R.N. (dba Healthcare Solulations USA), for the provision of consultation on utilization review, authorization and referral processes for Contra Costa Health Plan for the period from December 1, 2015 through November 30, 2016. Approval of Contract #27-986-1 will allow Sonja Robinson, R.N. (dba Healthcare Solulations USA) to continue providing consultation on utilization review, authorization and referral processes for Contra Costa Health Plan through November 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 56 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Contract #27-986-1 with Sonja Robinson, R.N. (dba Healthcare Solutions USA) November 15, 2016 Contra Costa County Board of Supervisors 1118 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Contra Costa Health Plan Management Team will not receive the benefits of consultation and technical assistance from this contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1119 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Francisco & Associates, Inc., to extend the term from December 31, 2016 to December 31, 2017 and increase the payment limit by $25,000, to a new payment limit of $125,000, to continue providing pipeline franchise administration services, Countywide. Project No.: Various FISCAL IMPACT: 100% Pipeline Franchise Fees. BACKGROUND: The Public Works Department administers the countywide pipeline franchise agreements. Francisco & Associates will assist with the administration of the County’s pipeline franchise agreements. Francisco & Associates is a local SBE vendor and is registered on the Purchasing Portal and BidSync. On January 1, 2014, the Purchasing Agent approved a contract with Francisco & Associates, Inc., with a payment limit not to exceed $50,000, to provide pipeline franchise administration services. On May 1, 2015, the Purchasing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 45 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:Execute a contract amendment with Francisco & Associates, Inc., for pipeline franchise administration services, Countywide November 15, 2016 Contra Costa County Board of Supervisors 1120 BACKGROUND: (CONT'D) Agent approved contract Amendment No. 1 to increase the payment limit from $50,000 to $100,000, with no change to the original term to provide pipeline franchise administration services. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, this amendment will not be executed and the Department will not have the assistance that is needed to administer pipeline franchises. November 15, 2016 Contra Costa County Board of Supervisors 1121 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Novation Contract #74–190–17 with Mental Health Management I, Inc. (dba Canyon Manor), a corporation, in an amount not to exceed $222,753, to provide mental health subacute care and treatment services, for the period from July 1, 2016 through June 30, 2017. FISCAL IMPACT: This contract is funded 100% Mental Health Realignment. (No Rate increase) BACKGROUND: This contract meets the social needs of County’s population in that it provides long-term care for adults with serious mental illness who require skilled nursing inpatient psychiatric care. On November 3, 2015, the Board of Supervisors approved Novation Contract #74–190–16 with Mental Health Management I, Inc. (dba Canyon Manor), for the period from July 1, 2015 through June 30, 2016, which included a six-month automatic extension through December 31, 2016, for the provision of mental health subacute care and treatment services. Approval of Novation Contract #74–190–17 replaces the automatic extension under the prior Contract and allows the Contractor to continue providing services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 55 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Novation Contract #74–190–17 with Mental Health Management I, Inc. (dba Canyon Manor) November 15, 2016 Contra Costa County Board of Supervisors 1122 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County residents will not receive any mental health subacute care and treatment services provided by this Contractor. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1123 RECOMMENDATION(S): Authorize the Purchasing Agent on behalf of the Health Services Department, to purchase food for Program Governance Meetings and Safeway supermarket gift cards totaling $4,190, to use for incentives for the Health Care for the Homeless Program for the period from November 1, 2016 through October 31, 2017. FISCAL IMPACT: Funded 100% by the Human Resources and Services Administration Grant #H80CS00050 funds. No County funds required. BACKGROUND: The Health Care for the Homeless Program received a grant from Health Resources and Services Administration (HRSA) to provide health care for the homeless population in Contra Costa County. A requirement of the grant is to establish and maintain Program Governance through a Co-Applicant Governing Board for Health Care for the Homeless program evaluation and CEO/Program Director evaluation. Additionally, another component of the grant is to conduct monthly focus groups with participants in the program and to offer incentives to those who participate. Included in the approved grant budget is a line item for Incentives/Food at an annual amount of $4,190. The department anticipates purchasing up to 200 $5 Safeway gifts cards as incentives and providing food at the Program Governance meetings. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Linae Young C. 59 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Purchase Food and Gift Cards for the Health Care for the Homeless Project November 15, 2016 Contra Costa County Board of Supervisors 1124 CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Health Care for the Homeless Project would not be fulfilling the goals outlined in the HRSA Grant. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1125 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Good Source Solutions, Inc., to increase the payment limit by $150,000 to a new payment limit of $330,000 in order to provide packed food meals for MDF in addition to food products for the preparation of inmate meals in all three County adult detention facilities for the period April 01, 2016 through March 31, 2017. FISCAL IMPACT: $150,000. 100% County General Fund; Budgeted. BACKGROUND: Good Source Solutions, Inc. specializes in purchasing food product end runs and "seconds" on the market for distribution to schools and correctional facilities, which in turn provides increased purchasing power to client agencies. Good Source Solutions, Inc. is the distributor for Sysco Food Services. At times, the County is able to purchase food products APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heike Anderson, Liz Arbuckle, Tim Ewell C. 62 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 15, 2016 Contra Costa County Subject:Purchase Order - Good Source Solutions, Inc. November 15, 2016 Contra Costa County Board of Supervisors 1126 BACKGROUND: (CONT'D) from Good Source Solutions, Inc. directly at a better rate than Sysco Food Services. The Martinez Detention Facility kitchen is scheduled for closure by Public Works for some maintenance/renovation work. After several samplings, Good Source Solutions, Inc. was selected as they are the only vendor who can meet the required individual packed food meals needed to service the Inmate population. They have the ability to design specific breakfast and lunch items in meal boxes that meet the necessary California Title XV nutritional requirements for inmates. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will not be able to provide inmates with prepackaged meal items during the renovation of the MDF kitchen. CHILDREN'S IMPACT STATEMENT: No impact. November 15, 2016 Contra Costa County Board of Supervisors 1127 RECOMMENDATION(S): ABOLISH the Public and Environmental Health Advisory Board. 1. Until such time that the Public Health Director and Health Services Director are prepared to make recommendations on an advisory body for public health issues, DIRECT the Clerk of the Board and the Health Services Department to remove references to PEHAB from the Board's Appointive List (the "Maddy Book") and the County's website, so as to minimize any confusion that might be caused by maintaining references to the obsolete advisory body. 2. BACKGROUND: The Public and Environmental Health Advisory Board (PEHAB) was a 19-member community advisory body established by the Board of Supervisors in 1986 to: Anticipate emerging health needs and initiate prevention programs.1. Focus public health interventions in communities with greatest needs.2. Balance available resources with growing needs; and3. Advocate for increased County action to improve community health 4. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 , County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Heatlh Services Director, Public Health Director, Clerk of the Board (Maddy Book), IOC Staff C. 72 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 15, 2016 Contra Costa County Subject:ABOLISHMENT OF THE PUBLIC AND ENVIRONMENTAL HEALTH ADVISORY BOARD November 15, 2016 Contra Costa County Board of Supervisors 1128 BACKGROUND: (CONT'D) > PEHAB, which when fully functioning met bi-monthly, has been inactive for several years. The last member appointment was made in May 2013 and the terms of office for all other seats have lapsed. One year ago, as part of the Board's triennial review of its advisory bodies, the Internal Operations Committee recommended to the Board of Supervisors that strong consideration should be given to merging the PEHAB with the Hazardous Materials Commission (HMC). This recommendation was predicated on several pertinent facts: that the PEHAB had stopped meeting for an indefinite period, had no available staff support through the Health Services Department, had not maintained the roster of members (whose terms had expired), and did not submit a response to the triennial review survey. In response to the merger suggestion, the Health Services Department later reported that the HMC and PEHAB missions were not compatible and recommended against a merger of the two bodies. The Department, last March, also requested time to examine with the newly appointed Public Health Director how best to modernize PEHAB to maintain its relevance; however, no further proposal was submitted to the IOC for consideration. Until such time that the Public Health Director and Health Services Director are prepared to make recommendations on an advisory body for public health issues, the Internal Operations Committee recommends the dissolution of PEHAB and removal of references to it from the Board's Appointive List (the "Maddy Book") and the County's website, so as to minimize any confusion that might be caused by maintaining references to the obsolete advisory body. November 15, 2016 Contra Costa County Board of Supervisors 1129 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Contra Costa County Employees’ Retirement Association (“CCCERA”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: CCCERA has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The changes include incorporating FPPC Regulation 18730, and adding to and updating the titles of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code conforms to the Political Reform Act and accurately reflects the current positions and organizational structure in use by CCCERA. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, Gail Strohl, Chief Executive Officer, CCCERA C. 68 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 15, 2016 Contra Costa County Subject:Conflict of Interest Code for the Contra Costa County Employees’ Retirement Association November 15, 2016 Contra Costa County Board of Supervisors 1130 CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Ex. A - CCCERA COI Code Ex. B - CCCERA COI Code STRIKEOUT November 15, 2016 Contra Costa County Board of Supervisors 1131 November 15, 2016 Contra Costa County Board of Supervisors 1132 November 15, 2016 Contra Costa County Board of Supervisors 1133 November 15, 2016 Contra Costa County Board of Supervisors 1134 November 15, 2016 Contra Costa County Board of Supervisors 1135 November 15, 2016 Contra Costa County Board of Supervisors 1136 November 15, 2016 Contra Costa County Board of Supervisors 1137 November 15, 2016 Contra Costa County Board of Supervisors 1138 November 15, 2016 Contra Costa County Board of Supervisors 1139 November 15, 2016 Contra Costa County Board of Supervisors 1140 November 15, 2016 Contra Costa County Board of Supervisors 1141 November 15, 2016 Contra Costa County Board of Supervisors 1142 November 15, 2016 Contra Costa County Board of Supervisors 1143 November 15, 2016 Contra Costa County Board of Supervisors 1144 November 15, 2016 Contra Costa County Board of Supervisors 1145 November 15, 2016 Contra Costa County Board of Supervisors 1146 November 15, 2016 Contra Costa County Board of Supervisors 1147 November 15, 2016 Contra Costa County Board of Supervisors 1148 November 15, 2016 Contra Costa County Board of Supervisors 1149 November 15, 2016 Contra Costa County Board of Supervisors 1150 November 15, 2016 Contra Costa County Board of Supervisors 1151 November 15, 2016 Contra Costa County Board of Supervisors 1152 November 15, 2016 Contra Costa County Board of Supervisors 1153 November 15, 2016 Contra Costa County Board of Supervisors 1154 November 15, 2016 Contra Costa County Board of Supervisors 1155 November 15, 2016 Contra Costa County Board of Supervisors 1156 November 15, 2016 Contra Costa County Board of Supervisors 1157 November 15, 2016 Contra Costa County Board of Supervisors 1158 November 15, 2016 Contra Costa County Board of Supervisors 1159 November 15, 2016 Contra Costa County Board of Supervisors 1160 November 15, 2016 Contra Costa County Board of Supervisors 1161 November 15, 2016 Contra Costa County Board of Supervisors 1162 November 15, 2016 Contra Costa County Board of Supervisors 1163 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Contra Costa Transportation Authority (“Authority”). FISCAL IMPACT: None. BACKGROUND: The Authority has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The changes include updated legal references, designated position titles, and disclosure category descriptions. These changes will ensure that the Conflict of Interest Code accurately reflects the current FPPC Regulations, positions and organizational structure in use by the Authority. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, Randell Iwasaki, P.E., Executive Director, CCTA C. 67 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 15, 2016 Contra Costa County Subject:Conflict of Interest Code for the Contra Costa Transportation Authority November 15, 2016 Contra Costa County Board of Supervisors 1164 CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Ex. A - CCTA COI Code Ex. B - CCTA COI Code STRIKEOUT November 15, 2016 Contra Costa County Board of Supervisors 1165 November 15, 2016 Contra Costa County Board of Supervisors 1166 November 15, 2016 Contra Costa County Board of Supervisors 1167 November 15, 2016 Contra Costa County Board of Supervisors 1168 November 15, 2016 Contra Costa County Board of Supervisors 1169 November 15, 2016 Contra Costa County Board of Supervisors 1170 November 15, 2016 Contra Costa County Board of Supervisors 1171 November 15, 2016 Contra Costa County Board of Supervisors 1172 November 15, 2016 Contra Costa County Board of Supervisors 1173 November 15, 2016 Contra Costa County Board of Supervisors 1174 November 15, 2016 Contra Costa County Board of Supervisors 1175 November 15, 2016 Contra Costa County Board of Supervisors 1176 November 15, 2016 Contra Costa County Board of Supervisors 1177 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Lafayette School District (“District”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The changes include the addition of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, Rachel Zinn, Superintendent, LSD C. 65 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 15, 2016 Contra Costa County Subject:Conflict of Interest Code for the Lafayette School District November 15, 2016 Contra Costa County Board of Supervisors 1178 ATTACHMENTS Ex. A - Lafayette SD COI Code Ex. B - Lafayette SD COI Code STRIKEOUT November 15, 2016 Contra Costa County Board of Supervisors 1179 November 15, 2016 Contra Costa County Board of Supervisors 1180 November 15, 2016 Contra Costa County Board of Supervisors 1181 November 15, 2016 Contra Costa County Board of Supervisors 1182 November 15, 2016 Contra Costa County Board of Supervisors 1183 November 15, 2016 Contra Costa County Board of Supervisors 1184 November 15, 2016 Contra Costa County Board of Supervisors 1185 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Liberty Union High School District (“District”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The changes include legal updates and the addition and elimination of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, Eric Volta, Superintendent, LUHSD C. 66 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 15, 2016 Contra Costa County Subject:Conflict of Interest Code for the Liberty Union High School District November 15, 2016 Contra Costa County Board of Supervisors 1186 CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Ex. A - Liberty UHSD COI Code Ex. B - Liberty UHSD COI Code STRIKEOUT November 15, 2016 Contra Costa County Board of Supervisors 1187 November 15, 2016 Contra Costa County Board of Supervisors 1188 November 15, 2016 Contra Costa County Board of Supervisors 1189 November 15, 2016 Contra Costa County Board of Supervisors 1190 November 15, 2016 Contra Costa County Board of Supervisors 1191 November 15, 2016 Contra Costa County Board of Supervisors 1192 November 15, 2016 Contra Costa County Board of Supervisors 1193 November 15, 2016 Contra Costa County Board of Supervisors 1194 November 15, 2016 Contra Costa County Board of Supervisors 1195 November 15, 2016 Contra Costa County Board of Supervisors 1196 November 15, 2016 Contra Costa County Board of Supervisors 1197 November 15, 2016 Contra Costa County Board of Supervisors 1198 November 15, 2016 Contra Costa County Board of Supervisors 1199 November 15, 2016 Contra Costa County Board of Supervisors 1200 November 15, 2016 Contra Costa County Board of Supervisors 1201 November 15, 2016 Contra Costa County Board of Supervisors 1202 November 15, 2016 Contra Costa County Board of Supervisors 1203 November 15, 2016 Contra Costa County Board of Supervisors 1204 November 15, 2016 Contra Costa County Board of Supervisors 1205 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Moraga Elementary School District (“District”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The changes include the elimination of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, Bruce Burns, Superintendent, MESD C. 64 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 15, 2016 Contra Costa County Subject:Conflict of Interest Code for the Moraga Elementary School District November 15, 2016 Contra Costa County Board of Supervisors 1206 CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Ex. A - Moraga ESD COI Code Ex. B - Moraga ESD COI Code STRIKEOUT November 15, 2016 Contra Costa County Board of Supervisors 1207 November 15, 2016 Contra Costa County Board of Supervisors 1208 November 15, 2016 Contra Costa County Board of Supervisors 1209 November 15, 2016 Contra Costa County Board of Supervisors 1210 November 15, 2016 Contra Costa County Board of Supervisors 1211 November 15, 2016 Contra Costa County Board of Supervisors 1212 November 15, 2016 Contra Costa County Board of Supervisors 1213 RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. On November 8, 2016 the Board of Supervisors reviewed and approved the emergency declaration. With the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 73 To:Board of Supervisors From:David Twa, County Administrator Date:November 15, 2016 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness November 15, 2016 Contra Costa County Board of Supervisors 1214 RECOMMENDATION(S): APPROVE clarification of Board action of December 15, 2015 (Item C.60), which approved and authorized the Health Services Director to execute a contract with San Ramon Valley Fire Protection District for providing electronic patient care records hosting and support services, to change the term from December 15, 2015 to December 14, 2016, with no change in the original amount not to exceed $100,900. FISCAL IMPACT: This Contract is Funded 100% by Measure H Funding. BACKGROUND: On December 15, 2015, the Board of Supervisors approved Agreement #23-580 with SRVFPD for reimbursement for its payments to Definitive Networks, Inc. for providing electronic patient care records hosting and support services for the Contra Costa EMS System. The purpose of this Board Order is to correct the error in the term of the Agreement on the Board Order which read from November 1, 2015 through October 31, 2016. The correct term should be December 15, 2015 to December 14, 2016 as specified on the Agreement executed by the parties. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost, 925-646-4690 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Tasha Scott, Marcy Wilhelm C. 71 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 15, 2016 Contra Costa County Subject:Correct Board Order with San Ramon Valley Fire Protection District November 15, 2016 Contra Costa County Board of Supervisors 1215 CONSEQUENCE OF NEGATIVE ACTION: If this correction is not approved, the Contractor will not be able to be reimbursed for services provided for the months of November 1, 2016 through December 15, 2016 as was intended by the parities. CHILDREN'S IMPACT STATEMENT: Not applicable. November 15, 2016 Contra Costa County Board of Supervisors 1216 RECOMMENDATION(S): (1) APPROVE the HVAC Upgrades Project at 40 Douglas Drive, Martinez, for the Employment and Human Services Department, and (2) DETERMINE that the Project is a California Environmental Quality Act (CEQA), Class 1(d) Categorical Exemption, pursuant to Section 15301(d) of the CEQA Guidelines, and (3) DIRECT the Director of the Conservation and Development Department to file a Notice of Exemption with the County Clerk, and (4) AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to the Department of Conservation and Development Department for processing and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: 100% General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 69 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:November 15, 2016 Contra Costa County Subject:HVAC Upgrades Project at 40 Douglas Drive, Martinez, and Related CEQA Actions (WH105B) November 15, 2016 Contra Costa County Board of Supervisors 1217 BACKGROUND: The purpose of the project is to upgrade the heating, ventilation, and air conditioning (HVAC) system. The project consists of replacing the existing unit with a new rooftop air conditioning unit, repairing existing HVAC curb and failed structural supports, new controls, replacing existing variable air volume boxes with new terminal boxes, and replacing existing reheat coil. On November 10, 2015, the Board of Supervisors awarded a job order contract (JOC) for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to each of Sea Pac Engineering, Inc., John F. Otto, Inc., and Mark Scott Construction, each in the amount of $2,000,000. On September 20, 2016, the Board approved a change order to increase the contract amount to $4,500,000 for both John F. Otto, Inc., and Mark Scott Construction. This project is expected to be performed by one of the three JOC contractors. A task order catalogue has been prepared for the JOC Contractor to perform the Project site work and building hook-ups. In the event that it is not performed by a JOC contractor, the Public Works Department will go to the Board for approval of plans and specifications and authorization to advertise and solicit bids. CONSEQUENCE OF NEGATIVE ACTION: If the project is not approved, it would result in continued maintenance expenses, inconsistent interior thermal comfort for building occupants and increasing operating costs for the units age based inefficiency as well as lost energy savings from the existing pneumatic controls. ATTACHMENTS CEQA Documents November 15, 2016 Contra Costa County Board of Supervisors 1218 November 15, 2016 Contra Costa County Board of Supervisors 1219 November 15, 2016 Contra Costa County Board of Supervisors 1220 November 15, 2016 Contra Costa County Board of Supervisors 1221 November 15, 2016 Contra Costa County Board of Supervisors 1222 RECOMMENDATION(S): ACCEPT the FY2015/16 Park Impact & Park Dedication Fee Annual Report. FISCAL IMPACT: No General Fund impact. BACKGROUND: The Park Impact Fee Ordinance (Ordinance No 2007-17) requires an annual report within 180 days after the last day of each fiscal year be made available to the public and reviewed by the Board of Supervisors at a regularly scheduled meeting. The report shall contain the following information for the fiscal year: 1. A brief description of the type of fee in the account or fund, 2. The amount of the fee, 3. The beginning and ending balance of the account or fund, 4. The amount of the fees collected and the interest earned, 5. An identification of each public improvement on which fees were expended and the amount of the expenditure APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/15/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristine Solseng (925)674-7809 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 15, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 63 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 15, 2016 Contra Costa County Subject:Park Impact & Park Dedication Fee Annual Report November 15, 2016 Contra Costa County Board of Supervisors 1223 BACKGROUND: (CONT'D) on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees, 6. An identification of an approximate date by which the construction of the public improvement will commence if the Board determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete, 7. A description of each interfund transfer or loan from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan, and 8. The amount of refunds made pursuant to Government Code section 66001€ and any allocations pursuant to Government Code section 66001 (f). The Annual Report is only required for Park Impact fees. However, given Park Impact fees and Park Dedication fees both originate as developer fees and are spent on park facilities, the Annual Report includes both types of fees. Park Impact Fees are required for any new residential project including new subdivisions. Subdivisions may also be required to pay Park Dedication Fee. However, if a project is required to pay Park Dedication Fees, it will be credited towards the required Park Impact Fee. The fees are not additive. CONSEQUENCE OF NEGATIVE ACTION: If the action is not approved, there will be no Park Impact/Park Dedication Annual Report for FY 15/16 CHILDREN'S IMPACT STATEMENT: Park Impact and Park Dedication fee projects support the following outcomes established in the Children's Report Card: 1) Children and youth are healthy and preparing for a production adulthood; 2) Families are safe, stable and nurturing; 3) Communities are safe and provide a high quality of life for children and families ATTACHMENTS 2015-2016 Annual Report November 15, 2016 Contra Costa County Board of Supervisors 1224 Park Dedication/Park Impact Fee Annual Report  FY 2015/2016  Park Impact Fee Account Summary  Description of Fees  The purpose of the Park Impact Fees is to generate funds to acquire parkland and develop parks and  recreation facilities to serve new residential development. Residential projects are required to pay a  Park Impact Fee. Second units, affordable units, and inclusionary housing units may be eligible for  waivers or exemptions.  An overview of funded parks are included in this report and a detail of all Park  Impact accounts are attached.   Amount of Fee  The FY 2015/2016 Park Impact Fees are based on both dwelling type and location  Dwelling Unit Type West/Central County East County  Single Family Unit $7,238 $5,891  Townhome Unit $5,757 $4,686  Multi‐Family Unit $5,213 $4,243  Mobile Home Unit $4,859 $3,955  * Park Dedication Fees collected may be credited towards total Park Impact fee  Account Summary  Beginning  Balance  Fees  Collected  Interest  Earned  Admin  Transfer  Expended ‐ Projects  Encumbered Ending/Available Balance  $1,391,829.03  $166,460.00  $9,837.63 $ (1,479.34) $ (13,679.18) $ (20,333.87) $1,532,616.43 No Loans nor Refunds were made from the Park Impact Fund.   Park Dedication Fee Account Summary  Description of Fees  The purpose of the Park Dedication Fees is to generate funds to acquire parkland and develop or  rehabilitate parks and recreation facilities to serve residential development. Residential subdivision  projects may require Park Dedication Fees. If a project requires Park Dedication Fee, the amount  collected is credited towards the Total Park Impact Fee. The fees are not additive.  An overview of  funded parks are included in this report and a detail of all Park Dedication accounts are attached.  Amount of Fee  The FY 2015/2016 Park Dedication Fees are based on both dwelling type and location.  Dwelling Unit Type West/Central County East County Parkland Dedication  Single Family Unit $4,489 $3,142 391 sq ft/unit  Townhome Unit $3,571 $2,499 311 sq ft/unit  Multi‐Family Unit $3,233 $2,263 282 sq ft/unit  Mobile Home Unit $3,014 $2,109 263 sq ft/unit  Note: Developer may dedicate land, pay in‐lieu fee, or a combination of the two with approval from  Zoning Administrator     November 15, 2016 Contra Costa County Board of Supervisors 1225 Account Summary  Beginning  Balance  Fees  Interest  Earned  Admin  Transfer  Expended ‐ Projects  Encumbered Ending/Available Balance  $4,252,903.67  $97,714 $27,976.53 $ (4,194.34)$ (595,382.43) $(1,532,138.62) $2,246,878.81 No Loans nor Refunds were made from the Park Dedication Fee Account.  Current Park Projects for which Funds have been Spent or Committed by Board Action    El Sobrante Library Park  The El Sobrante Library Park project will renovate existing landscape, parking lot and recreational  facilities on the County land adjacent to the El Sobrante Library. The existing recreational facilities  include gardens (reading, demonstration, and memorial), landscaped walkways along Appian Way and  Garden Road, and landscaped pathways leading to a riparian interpretive trail along San Pablo Creek.  The work will renovate the existing landscaping along all the above‐mentioned landscaped walkways  and improve landscaping around the reading garden. An existing open space located at the rear of the  library will be converted to a shaded plaza with a raised podium for events. New tables, chairs, and  landscaping will be placed throughout the plaza. An existing path, tile benches, and flagpole located at  the intersection of Garden Road and Appian Way will also be renovated with new native landscaping,  rain garden, interpretive panel, and new signage.  Anticipated Construction Commencement Date: Under Construction  Anticipated Completion Date: December 31, 2016  Total Project Costs:  $941,396  Total Contra Costa County Park Funds: $269,656 (28.6%)       Park Impact: $ ‐ (0%)       Park Dedication: $ 269,656 (28.6%)  Total Contra Costa County Park Funds Expended to date: $104,595.55       FY  2015/16 Expenditures: $7,619.21   Forest Home Farms  The Forest Home Farms project includes the rehabilitation of Building 12, the oldest building at the  Forest Home Farms Park located at 19953 San Ramon Valley Road in San Ramon. The project includes  structural work to the building, installing new concrete footings, installing new lighting, and improving  accessibility to the building. Forest Home Farms Historic Park is a 16‐acre farm located at the base of the  East Bay Hills. The site is divided into two equal parts – the northern portion of the site contains all of  the structures including Building 12 or the "Barn" originally built in the period from 1850 to 1860. The  barn was placed on the National Register of Historic Places and the California Register of Historical  Resources in June 2002.The barn has needed several repairs over the years. It is slipping off its  foundation and is in need of other structural improvements. Accessibility improvements to the building  and grounds will be made to the barn to ensure it is compliant with the Americans with Disabilities Act  (ADA). The barn is an integral part of tours for school age children that take place during the school year  when students are taught about farm life, farming, and farm tools/equipment. Guided and self‐guided  tours are also available to the general public with constantly changing displays and interpretive  programs.  Anticipated Construction Commencement Date:  Under Construction  Anticipated Completion Date: December 2016  November 15, 2016 Contra Costa County Board of Supervisors 1226 Total Project Costs:  $757,000  Total Contra Costa County Park Funds: $485,000 (60.1%)       Park Impact Fees:  $ ‐  (0%)       Park Dedication:  $485,000 (60.1%)  Total Contra Costa County Park Funds Expended to date: $ ‐        FY  2015/16 Expenditures: $ ‐   Iron Horse Corridor – 230 Hookston  The goal of the 230 Hookston project is to installation of landscaping on the County‐owned property to  improve the visual aesthetics and recreational opportunities adjacent to the Iron Horse Corridor.  The  project include soil testing and remediation, project design and engineering, and installation of a  landscaped buffer between the users of the trail and the industrial businesses just west of the trail.  Specifically, the proposed project includes constructing a six foot wide 1,500 feet long paved  pedestrians‐only trail on the subject property from Mayhew Way to Hookston Road to help separate  pedestrians from cyclists using the IHC, planting additional landscaping and irrigation, and installing  appropriate signage.  Anticipated Construction Commencement Date: Under Construction  Anticipated Completion Date: December 31, 2017  Total Project Costs:  $810,000  Total Contra Costa County Park Funds: Allocated*: $481,575 (59.5%); Anticipated* ‐ $206,190 (25.5%)       Park Impact Fees:  $ ‐  (0%)       Park Dedication*:   $481,575 (59.5%); Anticipated* ‐ $206,190 (25.5%)  * $481,575 has been allocated to the 230 Hookston Project. However, an additional $600,000 in grant  funding has been awarded from East Bay Regional Park Measure WW Bond Funds. The amount of Park  Dedication funds not anticipated to exceed amount expended to date ($206,190.95).  Total Contra Costa County Park Funds Expended to date: $ 206,190       FY  2015/16 Expenditures: $ 185,154.82  Iron Horse Corridor – Environmental Testing  The Iron Horse Corridor Environmental Testing project will fund the environmental testing and  development of a remediation plan on 13 parcels owned by the Contra Costa County Successor Agency.  All 13 of the parcels were once part of the abandoned Southern Pacific Railroad San Ramon valley  Branch Line. When the railroad right‐of‐way was abandoned, a public walkway/bikeway was created in  its place.   Anticipated Project Commencement Date: Project in process  Anticipated Completion Date: June 1, 2017  Total Project Costs:  $40,000  Total Contra Costa County Park Funds: $40,000  ( 100 %)       Park Impact Fees:  $ ‐  (0%)       Park Dedication:  $40,000 (100%)  Total Contra Costa County Park Funds Expended to date: $ 32,155.09       FY  2015/16 Expenditures: $ 32,155.09     November 15, 2016 Contra Costa County Board of Supervisors 1227 Larkey Park Swim Center   The Larkey Park Swim Center project includes renovating the 40‐year old pool to meet the current  health and safety code standards so that it may serve the community's aquatic needs for many years. In  addition to renovating the pool, the City has approved the construction of a splash pad. The splash pad  will replace the existing "baby pool."   Anticipated Construction Commencement Date: Under Construction  Anticipated Completion Date:  Winter 2016  Total Project Costs:  $4,830,000  Total Contra Costa County Park Funds: $67,000 (< 1%)       Park Impact Fees:  $ ‐  (0%)       Park Dedication:  $67,000 (< 1%)  Total Contra Costa County Park Funds Expended to date: $ ‐        FY  2015/16 Expenditures: $ ‐   Lefty Gomez Field  The Lefty Gomez Field project includes the planning, design, and installation of improvements at Lefty  Gomez Park including installation of new seating in the ball field, installation of new amenities such as  barbeques and picnic tables, addition shade trees to the picnic area, and construction of a concession  building including storage, a restroom, and an announcer’s stand.   Anticipated Construction Commencement Date: Under Construction  Anticipated Completion Date: December 31, 2016  Total Project Costs:  $729,305  Total Contra Costa County Park Funds: $273,000 (36.6%)       Park Impact Fees:  $ 6,790.87 (<1%)       Park Dedication:  $266,513.13 (36.6%)  Total Contra Costa County Park Funds Expended to date: $ 21,683.72       FY  2015/16 Expenditures: $ 21,683,72  Leigh Creekside Park  The Leigh Creekside Park include expanding the existing park facilities by construction and permanent  pathway around the perimeter of the park and installing a new entrance gate.   Anticipated Construction Commencement Date: Late 2017  Anticipated Completion Date: Summer 2018, earlier if additional grant funding is awarded  Total Project Costs:  $489,000  Total Contra Costa County Park Funds: $51,000 (10.4%)       Park Impact Fees:  $13,543 (2.8%)       Park Dedication:  $37,457 (7.7%)  Total Contra Costa County Park Funds Expended to date: $ ‐        FY  2015/16 Expenditures: $ ‐      November 15, 2016 Contra Costa County Board of Supervisors 1228 Moraga Town Plaza  The Moraga Park Plaza is a new park facility which includes a pedestrian plaza for the public to  congregate, a series of seat walls, an ADA compliant pathway, shading trellis, new plantings (grass and  native plants), accent lighting, a functional and educational storm water bio‐retention facility, bicycle  racks, and a number of other park‐like features for the public to use in conjunction with the various uses  envisioned for the new community meeting room.   Anticipated Construction Commencement Date: Project is complete  Anticipated Completion Date:  Project is Complete  Total Project Costs:  $374,000  Total Contra Costa County Park Funds: $80,900 (21.6%)       Park Impact Fees:  $13,679.18 (3.7%)       Park Dedication:  $67,220.82 (18%)  Total Contra Costa County Park Funds Expended to date: $ 80,900       FY  2015/16 Expenditures: $ 80,900  San Ramon Iron Horse Trail  The San Ramon Iron Horse Trail project includes installing park benches, a low‐flow irrigation system and  native landscaping, and cooling stations along the Iron Horse Corridor in the San Ramon area.   Anticipated Construction Commencement Date: Project is Complete  Anticipated Completion Date: Project is Complete  Total Project Costs:  $ $515,315.88  Total Contra Costa County Park Funds: $105,000 (13.8%)       Park Impact Fees:  $ ‐ (0%)       Park Dedication:  $105,000 (18%)  Total Contra Costa County Park Funds Expended to date: $ 105,000       FY  2015/16 Expenditures: $ 105,000  Urban Tilth  The Urban Tilth Project includes the development of a new park in the North Richmond community in  the form of an agricultural park and riparian restoration education center. Once fully developed, the  Root and Restoration farm will include “You Pick It” learning gardens, an outdoor community kitchen, an  amphitheater, garden and creek classrooms, and a youth‐run farmer’s market – all while training young  people in the community.    Anticipated Construction Commencement Date: Temporary Farm Construction begins Fall 2016  Anticipated Completion Date:  December, 2018  Total Project Costs:  $3,900,000  Total Contra Costa County Park Funds: $457,000 (11.7%)       Park Impact Fees:  $‐  (0%)       Park Dedication:  $457,000 (11.7%)  Total Contra Costa County Park Funds Expended to date: $ 233,739.15       FY  2015/16 Expenditures: $ 176,548.77     November 15, 2016 Contra Costa County Board of Supervisors 1229 Walden Green I  The Walden Green I Project will be used to paint the existing wrought iron fence, install new trees,  shrubs, and native grasses, and improve existing drinking fountains along the trail. The project is on hold  until the drought is over and landscaping can be installed with minimal impact.   Anticipated Construction Commencement Date: TBD (project on hold until drought is over)  Anticipated Completion Date:  TBD (depends on drought conditions)  Total Project Costs:  $51,301  Total Contra Costa County Park Funds: $26,301 (51.3%)       Park Impact Fees:  $‐  (0%)       Park Dedication:  $26,301 (51.3%)  Total Contra Costa County Park Funds Expended to date: $ ‐       FY  2015/16 Expenditures: $ ‐    November 15, 2016 Contra Costa County Board of Supervisors 1230 Account Number Adjusted Beginning Fees Collected Interest Admin Expended Ending Balance Extenditure Description PI0031411 7,138.33$                    ‐$                    48.22$           (7.24)$         ‐$                     7,179.31$           PI0031413 18,179.63$                  ‐$                    122.73$         (18.42)$       ‐$                     18,283.94$         PI0031420 5,562.41$                    5,891.00$          45.95$           (6.89)$         ‐$                     11,492.47$         PI0135536 215.52$                       ‐$                    1.46$              (0.21)$         ‐$                     216.77$              PI0203040 365.04$                       ‐$                    2.48$              (0.36)$         ‐$                     367.16$              PI0230402 5,529.27$                    ‐$                    37.36$           (5.61)$         ‐$                     5,561.02$           PI0230403 5,902.26$                    5,891.00$          39.86$           (5.99)$         ‐$                     11,827.13$         PI0231504 8,136.20$                    ‐$                    54.96$           (8.25)$         ‐$                     8,182.91$           PI0234512 5,829.54$                    ‐$                    39.36$           (5.89)$         ‐$                     5,863.01$           PI0235512 5,936.19$                    ‐$                    40.06$           (6.00)$         ‐$                     5,970.25$           PI0235517 (3.55)$                           11,782.00$        16.37$           (3.01)$         ‐$                     11,791.81$         PI0235531 (1.04)$                           7,238.00$          ‐$                (1.55)$         ‐$                     7,235.41$           PI0314104 23,671.61$                  ‐$                    159.83$         (23.99)$       ‐$                     23,807.45$         PI0352102 6,880.93$                    ‐$                    32.00$           (4.80)$         (6,874.82)$          33.31$                Moraga Town Plaza PI0403690 7,112.57$                    ‐$                    48.07$           (7.20)$         ‐$                     7,153.44$           PI0830323 7,237.25$                    ‐$                    48.90$           (7.34)$         ‐$                     7,278.81$           PI0831900 123,658.10$                7,238.00$          850.20$         (127.53)$     ‐$                     131,618.77$       PI0832002 38,497.39$                  ‐$                    259.91$         (38.99)$       ‐$                     38,718.31$         PI0832004 35,285.24$                  2,000.00$          247.37$         (37.10)$       ‐$                     37,495.51$         PI0832700 (2.18)$                           ‐$                    ‐$                ‐$            ‐$                     (2.18)$                 PI0835602 13,817.53$                  ‐$                    93.29$           (13.99)$       ‐$                     13,896.83$         PI0835922 14,525.84$                  ‐$                    98.08$           (14.70)$       ‐$                     14,609.22$         PI0837100 3,999.17$                    ‐$                    27.01$           (4.06)$         ‐$                     4,022.12$           PI1103031 5,851.89$                    ‐$                    39.51$           (5.93)$         ‐$                     5,885.47$           PI1130202 5,534.00$                    ‐$                    37.36$           (5.61)$         ‐$                     5,565.75$           PI1134522 5,528.39$                    ‐$                    37.36$           (5.61)$         ‐$                     5,560.14$           PI1336200 7,240.58$                    ‐$                    48.90$           (7.34)$         ‐$                     7,282.14$           PI1434700 14,050.75$                  14,476.00$        176.57$         (26.48)$       ‐$                     28,676.84$         PI1730200 (1.09)$                           7,238.00$          42.36$           (6.36)$         ‐$                     7,272.91$           PI1730209 7,259.83$                    ‐$                    49.02$           (7.35)$         ‐$                     7,301.50$           PI1732112 7,253.64$                    ‐$                    48.98$           (7.35)$         ‐$                     7,295.27$           PI1733100 7,247.03$                    ‐$                    48.92$           (7.34)$         ‐$                     7,288.61$           PI1733320 7,253.64$                    ‐$                    48.98$           (7.35)$         ‐$                     7,295.27$           PI1733500 14,035.38$                  ‐$                    94.86$           (14.23)$       ‐$                     14,116.01$         PI1733611 7,235.65$                    ‐$                    49.06$           (7.36)$         ‐$                     7,277.35$           PI1734510 96,071.06$                  ‐$                    648.78$         (97.31)$       ‐$                     96,622.53$         PI1734511 226,090.47$                ‐$                    1,526.46$      (229.19)$     ‐$                     227,387.74$       PI1734515 175,012.00$                14,476.00$        1,204.93$      (180.84)$     ‐$                     190,512.09$       PI1734700 7,251.91$                    ‐$                    48.98$           (7.35)$         ‐$                     7,293.54$           PI1735510 21,745.95$                  ‐$                    143.56$         (21.55)$       ‐$                     21,867.96$         PI1735512 14,040.78$                  ‐$                    94.81$           (14.23)$       ‐$                     14,121.36$         PI1735514 27,622.36$                  ‐$                    186.51$         (27.98)$       ‐$                     27,780.89$         PI1735519 7,265.14$                    ‐$                    51.28$           (7.36)$         ‐$                     7,309.06$           PI1735602 7,259.83$                    ‐$                    49.02$           (7.35)$         ‐$                     7,301.50$           PI1736100 14,517.62$                  ‐$                    98.02$           (14.69)$       ‐$                     14,600.95$         PI1736720 7,261.96$                    ‐$                    49.95$           (8.27)$         ‐$                     7,303.64$           PI3503260 7,046.09$                    ‐$                    47.57$           (7.16)$         ‐$                     7,086.50$           PI3135211 6,808.07$                    ‐$                    31.67$           (4.73)$         (6,804.36)$          30.65$                Moraga Town Plaza PI5135800 ‐$                              7,238.00$          45.60$           (6.85)$         ‐$                     7,276.75$           PI5434611 20,614.33$                  7,238.00$          144.47$         (21.68)$       ‐$                     27,975.12$         PI5503410 (3.08)$                           7,238.00$          15.21$           (2.28)$         ‐$                     7,247.85$           PI5503420 6,806.52$                    ‐$                    45.96$           (6.88)$         ‐$                     6,845.60$           PI15503920 20,598.51$                  ‐$                    139.07$         (20.87)$       ‐$                     20,716.71$         PI5530312 7,244.14$                    ‐$                    48.91$           (7.34)$         ‐$                     7,285.71$           PI5543500 7,267.34$                    ‐$                    49.06$           (7.36)$         ‐$                     7,309.04$           PI5533420 7,267.88$                    ‐$                    49.06$           (7.36)$         ‐$                     7,309.58$           PI5533823 14,537.72$                  ‐$                    98.18$           (14.73)$       ‐$                     14,621.17$         PI5534302 (2.07)$                           7,238.00$          36.12$           (5.42)$         ‐$                     7,266.63$           PI5534303 8,694.27$                    ‐$                    58.71$           (8.81)$         ‐$                     8,744.17$           PI5703620 13,756.28$                  ‐$                    92.89$           (13.94)$       ‐$                     13,835.23$         PI5703630 24,384.86$                  ‐$                    164.65$         (24.71)$       ‐$                     24,524.80$         PI5803420 7,078.42$                    ‐$                    47.79$           (7.16)$         ‐$                     7,119.05$           PI5803440 13,957.72$                  ‐$                    94.25$           (14.16)$       ‐$                     14,037.81$         PI5833420 (3.17)$                           7,238.00$          20.10$           (3.01)$         ‐$                     7,251.92$           PI5833621 7,253.71$                    ‐$                    48.98$           (7.35)$         ‐$                     7,295.34$           PI5834521 21,198.40$                  ‐$                    143.14$         (21.47)$       ‐$                     21,320.07$         PI5834524 6,824.46$                    14,476.00$        66.59$           (9.99)$         ‐$                     21,357.06$         PI5834611 14,073.46$                  ‐$                    95.03$           (14.24)$       ‐$                     14,154.25$         PI5834612 14,491.36$                  7,238.00$          122.42$         (18.36)$       ‐$                     21,833.42$         PI5834621 30,754.93$                  2,880.00$          225.79$         (33.87)$       ‐$                     33,826.85$         PI5836020 7,249.63$                    ‐$                    48.98$           (7.35)$         ‐$                     7,291.26$           November 15, 2016 Contra Costa County Board of Supervisors 1231 Account Number Adjusted Beginning Fees Collected Interest Admin Expended Ending Balance Extenditure Description PI6034624 7,246.91$                    ‐$                    48.96$           (7.34)$         ‐$                     7,288.53$           PI6035514 34,035.59$                  ‐$                    229.81$         (34.47)$       ‐$                     34,230.93$         PI6513570 27,989.17$                  ‐$                    188.97$         (28.36)$       ‐$                     28,149.78$         PI7113010 17,290.65$                  11,782.00$        116.73$         (17.52)$       ‐$                     29,171.86$         PI9103580 (0.40)$                           10,426.00$        61.02$           (9.15)$         ‐$                     10,477.47$         PI9203580 7,265.31$                    7,238.00$          74.29$           (11.71)$       ‐$                     14,565.89$         100303015 2,694.24$                    ‐$                    18.18$           (2.73)$         ‐$                     2,709.69$           100303029 28,156.31$                  ‐$                    190.11$         (28.53)$       ‐$                     28,317.89$         100307330 18.79$                          ‐$                    ‐$                ‐$            ‐$                     18.79$                 100334021 20,692.10$                  ‐$                    139.71$         (20.94)$       ‐$                     20,810.87$         100335514 3,925.17$                    ‐$                    26.51$           (3.98)$         ‐$                     3,947.70$           102391000 7,665.56$                    ‐$                    51.78$           (7.77)$         ‐$                     7,709.57$           248803150 504.41$                       ‐$                    3.40$              (0.50)$         ‐$                     507.31$              248936402 346.51$                       ‐$                    2.60$              (0.41)$         ‐$                     348.70$              249203560 36.60$                          ‐$                    ‐$                ‐$            ‐$                     36.60$                 249203580 261,734.98$                ‐$                    1,721.54$      (258.23)$     (21,683.72)$        241,514.57$      Lefty Gomez Field 249235601 2,301.23$                    ‐$                    15.56$           (2.32)$         ‐$                     2,314.47$           249235602 2,268.50$                    ‐$                    15.31$           (2.30)$         ‐$                     2,281.51$           265103570 18,590.05$                  ‐$                    125.60$         (18.83)$       ‐$                     18,696.82$         271036402 2,277.70$                    ‐$                    15.36$           (2.30)$         ‐$                     2,290.76$           271103010 92,918.30$                  ‐$                    627.36$         (94.12)$       ‐$                     93,451.54$         271103031 54.90$                          ‐$                    ‐$                ‐$            ‐$                     54.90$                 271130201 3,261.86$                    ‐$                    22.04$           (3.30)$         ‐$                     3,280.60$           271130202 935.31$                       ‐$                    6.37$              (0.96)$         ‐$                     940.72$              275135211 4,877.83$                    ‐$                    22.71$           (3.40)$         (4,874.59)$          22.55$                Moraga Town Plaza 275135212 48,580.44$                  ‐$                    226.03$         (33.90)$       (48,532.38)$        240.19$             Moraga Town Plaza 275135221 10,883.98$                  ‐$                    50.66$           (7.62)$         (10,873.50)$        53.52$                Moraga Town Plaza 275135222 3,089.90$                    ‐$                    14.69$           (2.22)$         (2,940.35)$          162.02$             Moraga Town Plaza 275303540 2,510.14$                    ‐$                    16.94$           (2.55)$         ‐$                     2,524.53$           275335302 13.24$                          ‐$                    ‐$                ‐$            ‐$                     13.24$                 275434611 3,800.56$                    ‐$                    25.66$           (3.86)$         ‐$                     3,822.36$           275503381 39,937.56$                  ‐$                    269.64$         (40.45)$       ‐$                     40,166.75$         275503385 5,522.87$                    ‐$                    37.46$           (5.61)$         ‐$                     5,554.72$           275503400 2,350.04$                    ‐$                    15.96$           (2.40)$         ‐$                     2,363.60$           275503410 167,055.18$                2,000.00$          1,138.71$      (170.82)$     ‐$                     170,023.07$       275503420 73,502.34$                  ‐$                    496.37$         (74.46)$       ‐$                     73,924.25$         275503430 8,954.99$                    ‐$                    60.47$           (9.09)$         ‐$                     9,006.37$           275533822 122,582.06$                ‐$                    827.61$         (124.15)$     ‐$                     123,285.52$       275533832 2,688.21$                    ‐$                    18.21$           (2.73)$         ‐$                     2,703.69$           275534001 16.08$                          ‐$                    ‐$                ‐$            ‐$                     16.08$                 275534002 67,331.69$                  7,238.00$          454.60$         (68.19)$       ‐$                     74,956.10$         275534301 238.74$                       ‐$                    1.62$              (0.26)$         ‐$                     240.10$              275534302 250.72$                       ‐$                    1.68$              (0.28)$         ‐$                     252.12$              275534303 3,005.40$                    ‐$                    20.29$           (3.04)$         ‐$                     3,022.65$           275534611 26.23$                          ‐$                    ‐$                ‐$            ‐$                     26.23$                 275535532 2,256.20$                    ‐$                    15.25$           (2.30)$         ‐$                     2,269.15$           275703601 (30.84)$                        ‐$                    ‐$                ‐$            ‐$                     (30.84)$               275703602 (1.34)$                           ‐$                    ‐$                ‐$            ‐$                     (1.34)$                 275703610 215,482.18$                ‐$                    1,406.85$      (211.02)$     (7,619.21)$          209,058.80$      El Sobrante Library Park 275703620 76,670.33$                  ‐$                    517.65$         (77.64)$       ‐$                     77,110.34$         275703630 15.50$                          ‐$                    ‐$                ‐$            ‐$                     15.50$                 275803420 13,685.34$                  ‐$                    92.39$           (13.86)$       ‐$                     13,763.87$         275803440 15,819.87$                  ‐$                    106.82$         (16.03)$       ‐$                     15,910.66$         275803461 3,464.61$                    ‐$                    23.41$           (3.51)$         ‐$                     3,484.51$           275803462 1,879.05$                    ‐$                    12.69$           (1.90)$         ‐$                     1,889.84$           275803999 186.43$                       ‐$                    1.26$              (0.19)$         ‐$                     187.50$              275832002 2,774.43$                    ‐$                    18.73$           (2.81)$         ‐$                     2,790.35$           275834521 3,289.67$                    ‐$                    22.23$           (3.31)$         ‐$                     3,308.59$           275834524 2,012.53$                    ‐$                    13.61$           (2.05)$         ‐$                     2,024.09$           275834611 24,108.71$                  ‐$                    162.79$         (24.41)$       ‐$                     24,247.09$         275834612 37,360.58$                  2,000.00$          252.26$         (37.85)$       ‐$                     39,574.99$         275834621 16,676.82$                  ‐$                    112.60$         (16.89)$       ‐$                     16,772.53$         275834622 153.38$                       ‐$                    1.04$              (0.16)$         ‐$                     154.26$              275834627 2,362.56$                    ‐$                    15.97$           (2.40)$         ‐$                     2,376.13$           275836801 1,940.95$                    ‐$                    13.51$           (2.02)$         ‐$                     1,952.44$           276034522 6,070.48$                    ‐$                    40.99$           (6.17)$         ‐$                     6,105.30$           276035513 407,333.22$                ‐$                    2,750.13$      (412.53)$     ‐$                     409,670.82$       325503910 13,780.76$                  ‐$                    93.06$           (13.97)$       ‐$                     13,859.85$         325503920 8,884.42$                    ‐$                    59.98$           (8.98)$         ‐$                     8,935.42$           370031414 10,835.18$                  ‐$                    73.17$           (10.98)$       ‐$                     10,897.37$         370031500 1,347.06$                    ‐$                    9.16$              (1.38)$         ‐$                     1,354.84$           November 15, 2016 Contra Costa County Board of Supervisors 1232 Account Number Adjusted Beginning Fees Collected Interest Admin Expended Ending Balance Extenditure Description 370035100 13,573.06$                  ‐$                    91.65$           (13.75)$       ‐$                     13,650.96$         370203031 63,020.52$                  ‐$                    425.49$         (63.82)$       ‐$                     63,382.19$         370203032 9,350.96$                    ‐$                    63.18$           (9.47)$         ‐$                     9,404.67$           370203040 31.69$                          ‐$                    (0.02)$            ‐$            ‐$                     31.67$                 370235512 43,082.99$                  ‐$                    290.88$         (43.65)$       ‐$                     43,330.22$         370235516 1,523.65$                    ‐$                    10.65$           (1.60)$         ‐$                     1,532.70$           373503220 140.05$                       ‐$                    0.94$              (0.14)$         ‐$                     140.85$              373503240 346,937.52$                ‐$                    2,243.24$      (336.50)$     (217,309.91)$     131,534.35$      Iron Horse Corridor Project 373503260 92.04$                          ‐$                    ‐$                ‐$            ‐$                     92.04$                 373503381 233.04$                       ‐$                    1.57$              (0.25)$         ‐$                     234.36$              373503470 3,158.14$                    ‐$                    21.33$           (3.19)$         ‐$                     3,176.28$           374003672 1,199.54$                    ‐$                    8.09$              (1.22)$         ‐$                     1,206.41$           377003010 1.17$                            ‐$                    ‐$                ‐$            ‐$                     1.17$                   420103553 785.32$                       ‐$                    5.30$              (0.79)$         ‐$                     789.83$              420135512 401.38$                       ‐$                    2.70$              (0.43)$         ‐$                     403.65$              420135533 (0.22)$                           ‐$                    ‐$                ‐$            ‐$                     (0.22)$                 420135534 2.56$                            ‐$                    ‐$                ‐$            ‐$                     2.56$                   420135534 28,080.31$                  ‐$                    ‐$                ‐$            ‐$                     28,080.31$         420203331 ‐$                              4,000.00$          201.41$         (30.11)$       ‐$                     4,171.30$           420233821 (0.06)$                           2,000.00$          5.56$              (0.83)$         ‐$                     2,004.67$           420234001 ‐$                              2,000.00$          5.56$              ‐$            ‐$                     2,005.56$           420235532 358.37$                       ‐$                    2.49$              (0.36)$         ‐$                     360.50$              420283270 (4.93)$                           ‐$                    ‐$                ‐$            ‐$                     (4.93)$                 420403690 53,993.77$                  ‐$                    364.52$         (54.68)$       ‐$                     54,303.61$         420803190 32,903.78$                  ‐$                    222.16$         (33.32)$       ‐$                     33,092.62$         420803200 28.06$                          ‐$                    ‐$                ‐$            ‐$                     28.06$                 420831900 22,454.75$                  ‐$                    151.81$         (22.77)$       ‐$                     22,583.79$         420832001 41,155.82$                  ‐$                    278.03$         (41.72)$       ‐$                     41,392.13$         420832002 195,362.38$                ‐$                    1,319.01$      (197.85)$     ‐$                     196,483.54$       420832004 178,586.20$                18,000.00$        1,287.68$      (193.17)$     ‐$                     197,680.71$       420832112 12,362.02$                  ‐$                    83.44$           (12.50)$       ‐$                     12,432.96$         420832113 30.21$                          ‐$                    ‐$                ‐$            ‐$                     30.21$                 420832700 (9.02)$                           38,000.00$        207.23$         (31.08)$       ‐$                     38,167.13$         420835602 40,273.36$                  8,000.00$          285.98$         (42.91)$       ‐$                     48,516.43$         420836502 60,155.08$                  ‐$                    405.49$         (60.82)$       (910.00)$             59,589.75$        Urban Tilth 420837100 30,103.95$                  ‐$                    203.25$         (30.49)$       ‐$                     30,276.71$         420903060 9,024.94$                    ‐$                    60.94$           (9.15)$         ‐$                     9,076.73$           420903080 74.98$                          ‐$                    ‐$                ‐$            ‐$                     74.98$                 420930601 1,807.83$                    ‐$                    12.22$           (1.84)$         ‐$                     1,818.21$           420930602 561.07$                       ‐$                    4.15$              (0.62)$         ‐$                     564.60$              421303780 9,357.70$                    ‐$                    29.43$           (4.40)$         (9,000.00)$          382.73$             Urban Tilth 421336502 331,590.43$                ‐$                    1,562.26$      (234.43)$     (166,638.77)$     166,279.49$      Urban Tilth 421403260 4,916.84$                    ‐$                    33.21$           (4.97)$         ‐$                     4,945.08$           421403480 3,597.32$                    ‐$                    24.30$           (3.65)$         ‐$                     3,617.97$           421403490 33,928.44$                  ‐$                    229.07$         (34.36)$       ‐$                     34,123.15$         421434700 (1.09)$                           14,476.00$        46.45$           (5.37)$         ‐$                     14,515.99$         421703451 2,345.58$                    ‐$                    15.84$           (2.39)$         ‐$                     2,359.03$           421730200 7,224.07$                    ‐$                    49.02$           (7.35)$         ‐$                     7,265.74$           421733500 2,007.91$                    ‐$                    13.57$           (2.03)$         ‐$                     2,019.45$           421734511 232,042.59$                ‐$                    1,566.63$      (235.01)$     ‐$                     233,374.21$       421734514 2,326.93$                    ‐$                    15.80$           (2.38)$         ‐$                     2,340.35$           421734516 9,606.41$                    ‐$                    65.28$           (9.79)$         ‐$                     9,661.90$           421734518 89,859.27$                  ‐$                    606.72$         (91.02)$       ‐$                     90,374.97$         421734519 396,209.89$                ‐$                    2,598.24$      (389.76)$     (105,000.00)$     293,418.37$      San Ramon Iron Horse Corridor 421733514 25,408.78$                  ‐$                    171.55$         (25.73)$       ‐$                     25,554.60$         421733519 18,792.74$                  ‐$                    126.89$         (19.04)$       ‐$                     18,900.59$         467103212 1,572.23$                    ‐$                    10.62$           (1.60)$         ‐$                     1,581.25$           510135301 4,995.59$                    ‐$                    33.73$           (5.07)$         ‐$                     5,024.25$           610136401 2,326.96$                    ‐$                    15.70$           (2.35)$         ‐$                     2,340.31$           AD0001314 142.08$                       ‐$                    ‐$                ‐$            (142.08)$             ‐$                    Administration AD0001415 3,205.11$                    2,826.44$          ‐$                1.50$          (5,206.00)$          827.05$             Administration AD001516 (2.72)$                           1,129.52$          ‐$                4,544.01$   ‐$                     5,670.81$           Total 5,648,077.17$            268,129.96$      37,814.16$    (1,128.01)$ (614,409.69)$     5,338,483.58$   November 15, 2016 Contra Costa County Board of Supervisors 1233