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HomeMy WebLinkAboutMINUTES - 12052017 -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 FEDERAL D. GLOVER, CHAIR, 5TH DISTRICT KAREN MITCHOFF, VICE CHAIR, 4TH DISTRICT JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. ANNOTATED AGENDA & MINUTES December 5, 2017                  9:30 A.M. Convene, Call to order and opening ceremonies. Inspirational Thought- "Snowflakes are one of nature's most fragile things, but just look what they can do when they stick together." ~Vista M. Kelly Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel CONSIDER CONSENT ITEMS (Items listed as C.1 through C.104 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed from consent for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    Eli Dominguez, resident of Martinez, spoke on alleged constitutional rights violations in the Sheriff's Department (handout attached); Jerome Knox, Love-A-Child Ministries, a shelter for women and children, updated the Board on the positive future outlook.   D.3 CONSIDER adopting Ordinance No. 2017-16, as modified following introduction, which will    December 5, 2017 Conta Costa County Board of Supervisors Minutes 1 D.3 CONSIDER adopting Ordinance No. 2017-16, as modified following introduction, which will establish a permit program for specified non-franchised solid waste haulers, and related California Environmental Quality Act finding, as recommended by the Health Services Director. (Marilyn Underwood, Environmental Health Director) (100% Permit fees)       FOUND that the adoption of Ordinance No. 2017-16, is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines; ADOPTED Ordinance No. 2017-16, as modified today, which will establish a permit program for specified non-franchised solid waste haulers.    AYE: District I Supervisor John Gioia, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Candace Andersen (ABSENT) D.4 HEARING to consider adoption of Resolution No. 2017/425 approving a General Plan Amendment (#GP15-0002), Rezoning Ordinance No. 2017-29 (#RZ16-3231), and the Preliminary and Final Development Plan (#DP16-3018) for the Olympic Boulevard Five-Lot Major Subdivision Project in the unincorporated Walnut Creek area; and to consider adopting the mitigated negative declaration for the project and taking related actions under the California Environmental Quality Act (Atri Macherla, Applicant) (Silicon Valley Home Builders, LLC. Owner). (Aruna Bhat and Jennifer Cruz, Conservation and Development Department)       Speakers: Atri Macherla, Applicant; Kaisa Lyon, resident of Walnut Creek. CLOSED the public hearing; FOUND that the Mitigated Negative Declaration prepared for the Project adequately analyzes the Project’s impacts, that there is no substantial evidence that the Project with the proposed mitigation measures will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the County’s independent judgment and analysis; ADOPTED the Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan prepared for the Project; ADOPTED the Findings for the Project; APPROVED the Conditions of Approval for the Project, with COA No. 20 amended to change the box size of the trees to be planted from 48 inches to 24 inches and to increase the number of tress from 5 to 8; ADOPTED Resolution No. 2017/425, approving the General Plan Amendment reclassifying land to Single-Family Residential — High Density for the Project; ADOPTED Ordinance No. 2017-29, rezoning land to the Planned Unit Development (P-1) District, and adopt the associated variance for the Project; APPROVED the Preliminary and Final Development Plan (County File #DP16-3018) for the Project; ACKNOWLEDGED that the County Planning Commission approved the Vesting Tentative Map (County File #SD16-9432) for the Project, and approved the Tree Permit entitlement for the Project, and no appeal of these approvals was filed; DIRECTED the Department of Conservation and Development Director or his designee to file a Notice of Determination with the County Clerk;and SPECIFIED that the location and custodian of the record of proceedings is the Department of Conservation and Development, 30 Muir Road, Martinez, California.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.5 CONSIDER designating the Martinez Detention Facility as a mental health treatment facility pursuant    December 5, 2017 Conta Costa County Board of Supervisors Minutes 2 D.5 CONSIDER designating the Martinez Detention Facility as a mental health treatment facility pursuant the Penal Code section 1369.1 for the purpose of administering psychotropic medications to individuals in county custody who have been adjudged incompetent to stand trial due to a mental disorder, refuse to take psychotropic medications and are unable to provide informed consent. (William Walker, M.D., Health Services Director; Mike Casten, Undersheriff)        AYE: District I Supervisor John Gioia, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Candace Andersen (ABSENT) D.6 Acting as the Governing Body of the Contra Costa County Fire Protection District, CONSIDER adopting Resolution No. 2017/390 approving the Memorandum of Understanding between Contra Costa County Fire Protection District and United Chief Officers Association (UCOA). (David Twa, County Administrator)        AYE: District I Supervisor John Gioia, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Candace Andersen (ABSENT) D.7 Acting as the Governing Body of the Contra Costa County Fire Protection District, CONSIDER adopting Resolution No. 2017/389 regarding salary increases for unrepresented fire safety management classifications in the Contra Costa County Fire Protection District, as recommended by the County Administrator. (David Twa, County Administrator)       AYE: District I Supervisor John Gioia, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Candace Andersen (ABSENT) D.8 Acting as the Governing Body of the Contra Costa County Fire Protection District, CONSIDER adopting Resolution No. 2017/392, which supersedes Resolution No. 2015/403, regarding compensation and benefits for unrepresented fire safety management classifications in the Contra Costa County Fire Protection District, as recommended by the County Administrator. (David Twa, County Administrator)       AYE: District I Supervisor John Gioia, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Candace Andersen (ABSENT) D. 9 CONSIDER reports of Board members.    All the Supervisors attended the California State Association of Counties annual conference, at which a wide variety of leadership challenges were discussed, encompassing concerns statewide and of individual areas.   Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: David Twa and Richard Bolanos. 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 3 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)) Shaun Anderson v. County of Contra Costa, et al.; United States District Court, Northern District of California Case No. C15-01673 1. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: County Counsel    There were no announcements from Closed Session.   ADJOURN in memory of Ruth Bancroft Founder of the Ruth Bancroft Garden in Walnut Creek and Guillermo "Bill" Muñiz Longtime owner of the New Mecca Cafe, Pittsburg   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute contract amendments with GradeTech, Inc., and Hess Concrete Construction Co., Inc., to increase the payment limit from $500,000 to $1,000,000 each, and to extend the completion dates for each contract from December 6, 2017 to December 6, 2018, for the 2017 On-Call Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, Countywide. (100% Local Road, Flood Control District, and Airport Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with Engineered Soil Repairs, Inc., to increase the payment limit from $300,000 to $600,000, and to extend the completion date from December 6, 2017 to December 8, 2018, for the On-Call Contract for Various Road, Flood Control, and Airport Maintenance Work, Countywide. (100% Local Road, Flood Control District, and Airport Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 APPROVE the Bailey Road/State Route 4 Interchange Pedestrian & Bicycle Improvements Project and take related actions under the California Environmental Quality Act; and AUTHORIZE the Interim Public Works Director, or designee, to advertise the Project, Bay Point area. (79% Active Transportation Project Funds, 21% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute an    December 5, 2017 Conta Costa County Board of Supervisors Minutes 4 C. 4 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute an agreement with Stephens & Stephens X, LLC, to convey a .722-acre County-owned parcel along State Route 4, and AUTHORIZE the Chair, Board of Supervisors to execute a Quitclaim Deed, as recommended by the Interim Public Works Director, Hercules area. (100% Contra Costa Transportation Authority Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of the County, an agreement and grant of easement, and a quitclaim deed, to quitclaim to the State of California, Department of Parks and Recreation, surplus County road right of way in exchange for road and utility easements in State property that are required for the County’s Marsh Creek Road Widening Project, Brentwood area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 CONTINUE the emergency action originally taken by the Board of Supervisors on March 7, 2017, pursuant to Public Contract Code Sections 22035 and 22050, to repair the Morgan Territory Road Slide Repair Project, as recommended by the Interim Public Works Director, Clayton area. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 7 APPROVE the Fiscal Year 2017/18 Dougherty Valley Maintenance County Service Area M-29 budget totaling $23,811,415, as recommended by the Interim Public Works Director, San Ramon (Dougherty Valley) area. (100% County Service Area M-29 Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 ADOPT Resolution No. 2017/421 accepting completion of improvements for minor subdivision MS13-00007, for a project developed by Ronald L. Carter, as recommended by the Interim Public Works Director, Walnut Creek area. (100% Developer Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, 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 Jan Borhaug for a T-hangar at Buchanan Field Airport effective November 21, 2017 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 Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 10 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month    December 5, 2017 Conta Costa County Board of Supervisors Minutes 5 C. 10 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Ben Burbridge for a shade hangar at Buchanan Field Airport effective November 28, 2017 in the monthly amount of $177.07. (100% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Pacific Diamond, LLC for a T-hangar at Buchanan Field Airport effective November 27, 2017 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 Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 RECEIVE 2017 Annual Report submitted by the Aviation Advisory Committee.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Steve Mink for a T-hangar at Buchanan Field Airport effective December 1, 2017 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 Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 14 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Neil Friedman for a shade hangar at Buchanan Field Airport effective December 1, 2017 in the monthly amount of $177.07 (100% Airport Enterprise Fund).       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 15 RECEIVE report concerning the final settlement of Diana Faz vs. Contra Costa County Probation Department and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $85,000, as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 DENY claims filed by Cheryl Atkinson-Baca, Emmanuel Bayo, Jose Javier Delgadillo, Shane Denny, Yanchu Fang, Kathleen Renee Guillory, Jesus Hernandez, Todd Smith, State Farm Insurance, a subrogee of Alexander Williams, VCS, as subrogee of Hertz Corporation, and James Williams. DENY late claims filed by AA, a minor; Dannisha Mills (mother); Amado Allison (father).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Statutory Actions   C. 17 APPROVE Board meeting minutes for November 2017, as on file with the Office of the Clerk of the    December 5, 2017 Conta Costa County Board of Supervisors Minutes 6 C. 17 APPROVE Board meeting minutes for November 2017, as on file with the Office of the Clerk of the Board.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 18 ADOPT Resolution No. 2017/437 honoring Duane Chapman for his years of service to Contra Costa County Mental Health Commission, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 ADOPT Resolution No. 2017/440 recognizing Sharon Burke upon her resignation from the Local Area Formation Commission, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 ADOPT Resolution No. 2017/441 honoring the life of Ruth Bancroft, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Ordinances   C. 21 ADOPT Ordinance No. 2017-27 amending the County Ordinance Code to exclude from the Merit System the classification of Animal Services Captain-Exempt, as recommended by the Human Resources Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 22 ADOPT Ordinance No. 2017-02 amending the County Ordinance Code to exclude from the Merit System the class of EHS Deputy Bureau Director-Exempt and delete the class of Deputy Director-Workforce Services-Exempt, as recommended by the Human Resources Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 23 ACCEPT the resignation of Jill Winspear, DECLARE a vacancy in the Appointee 3 seat on the Alamo Municipal Advisory Council, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 APPOINT Elizabeth Dondi as the Contra Costa County In-Home Supportive Services Public    December 5, 2017 Conta Costa County Board of Supervisors Minutes 7 C. 24 APPOINT Elizabeth Dondi as the Contra Costa County In-Home Supportive Services Public Authority Executive Director, as recommended by the Employment and Human Services Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 ACCEPT the resignations of Liliana Gonzalez and Tracy Ward, DECLARE a vacancy in the At Large #4 and #9 seats on the Contra Costa Commission for Women, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Contra Costa Commission for Women.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 APPOINT Branin Cook to the Local Committee Oakley Seat on the Advisory Council on Aging, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 REAPPOINT Dan Bundy to the Community Representative 1 seat on the Affordable Housing Finance Committee, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 APPOINT in lieu of election Doug Rischbieter, Katie Wadsworth, and Otome Lindsey to serve on the Board of Trustees of Reclamation District 2122 (Winter Island), for a term of four years, four years, and two years, respectively, as recommended by the County Administrator.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 ACCEPT resignation of Gary Eberhart, DECLARE a vacancy in the District IV-B seat on the Alcohol and Other Drugs Advisory Board, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 ACCEPT the resignation of Dorothy Gantt, DECLARE a vacancy in the Local Committee San Pablo seat on the Advisory Council on Aging, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 31 Contra Costa Fire Protection District (7300): Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE Appropriation and Revenue Adjustment No. 5007 authorizing use of revenue in the amount of $500,000 from fund balance and appropriating it for the purchase, delivery, and installation of furniture for the new headquarters of the Contra Costa County Fire Protection District. (90% Fire District General Fund; 10% EMS Transport Fund)      December 5, 2017 Conta Costa County Board of Supervisors Minutes 8  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 Employment and Human Services (0502/0503): APPROVE Appropriation and Revenue Adjustment No. 5025 authorizing adjustments to Federal, State and County expenditures and revenues in the Adoptions Assistance and General Assistance program areas. (80% Federal, 20% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 Employment and Human Services (0501): APPROVE Appropriation and Revenue Adjustment No. 5026 authorizing expenditures and revenue in the amount of $2,324,680 from the Health Services Department, and appropriating it for the Community Connect Whole Person Care program in the Employment and Human Services Department. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 Employment and Human Services (0503): APPROVE Appropriation and Revenue Adjustment No. 5028 authorizing adjustments to expenditures and revenues in the amount of $7,129,395 in the Aging and Adult Services Bureau based on the revised methodology for the FY 2017-18 In-Home Supportive Services Maintenance of Effort issued by the State. (11% Federal, 56% State, 33% 91 Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 Employment and Human Services (0503/0504/0583): APPROVE Appropriation and Revenue Adjustments Nos. 5030, 5031 and 5032 authorizing adjustments in the amount of $682,892 with a net effect of decreases in both revenues and expenditures of $145,175, to rebalance the budget impacts of revenue reductions and County cost changes in programs with the Employment and Human Services Department.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Intergovernmental Relations   C. 36 APPROVE and AUTHORIZE the Conservation and Development Director or designee to execute, on behalf of the County, an amendment to the memorandum of understanding with cities and water agencies in east Contra Costa County regarding coordinated groundwater management of the Tracy Subbasin, to allow the County to provide in-kind services to support the parties’ development of a sustainable groundwater management plan for a portion of the east Contra Costa County subbasin, and take related actions. (In-kind services performed by County staff, funded by the Water Agency)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 37 ADOPT Position Adjustment Resolution No. 22120 to add one Assistant Risk Manager (unrepresented) position in the Risk Management Division of the County Administrator's Office. (100% Self Insurance Internal Service Funds)        December 5, 2017 Conta Costa County Board of Supervisors Minutes 9  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 ADOPT Resolution No. 2017/396 directing the Human Resources Department to reallocate certain job classifications on the Salary Schedule to be in line with the State of California minimum wage law effective January 1, 2018, and maintain the salary ranges of existing and to-be-created job classifications to be in step with the State of California Minimum wage through December 31, 2022. (100% County Departments)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 ADOPT Position Adjustment Resolution No. 22191 to add one Personnel Services Assistant II (unrepresented) position and cancel one Network Technician I (represented) vacant position in the Library Department. (100% Library Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 ADOPT Position Adjustment Resolution No. 22192 to add one Animal Services Sergeant (represented) position and cancel one Animal Services Officer (represented) position in the Animal Services Department. (32% User Fees, 31% City Revenue, 37% County General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 ADOPT Position Adjustment Resolution No. 22194 to add one Clerk-Experienced Level (represented) position in the Office of the County Counsel. (100% Client Billings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 ADOPT Position Adjustment Resolution No. 22196 to establish the class of Benefits System Administrator (unrepresented) and allocate it on the Salary Schedule; add one Accounting Technician (represented) position; and reallocate the salary of the class of Human Resources Systems Analyst (unrepresented) on the Salary Schedule in the Human Resources Department. (97% Benefits Administration Fee; 3% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 43 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute, on behalf of the Contra Costa County Administrator’s Office - Law and Justice Systems Division, a lease with Cranbrook Realty Investment Fund, L.P., for approximately 1,332 square feet of rentable office space located at 1330 Arnold Drive, Suite 249, Martinez, at an initial annual rent of $25,572 for the first year with annual 3% increases thereafter, for a term of 5 years with one five-year renewal term. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a lease    December 5, 2017 Conta Costa County Board of Supervisors Minutes 10 C. 44 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a lease with 777 Arnold, LLC, for 10,948 square feet of rentable office space for the Health Services Department - Emergency Medical Services, at 777 Arnold Drive, Suite 110, Martinez, at an initial annual rent of $178,920 for the first year with annual increases thereafter, for a term of 12 years, with two five-year renewal terms. (100% Enterprise Fund 1 and Measure H funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, 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. 45 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding in an amount not to exceed $992,546 from California Department of Social Services to provide housing and disability advocacy program services for the period beginning upon grant execution through June 30, 2020. (100% County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit the County's Comprehensive Tobacco Control Plan and Budget for fiscal years 2017-21 to the California Department of Public Health and execute a contract in an amount not to exceed $934,024 for the Tobacco Prevention Project for the period July 1, 2017 through June 30, 2018. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute an amendment to the Interagency Agreement with the Stanislaus County, for their Department of Child Support Services, to increase the payment limit by $20,000 to a new payment limit of $200,000, to allow Stanislaus County to compensate Contra Costa County for services rendered. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 ADOPT Resolution No. 2017/416 authorizing the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Office of Traffic Safety in an initial amount of $660,100 for the Sheriff's Forensic Services Unit to purchase specialized forensic equipment beginning October 1, 2017 to the end of the grant period. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the District Attorney, or designee, to submit an application and execute a grant award agreement, and any extensions or amendments thereof pursuant to State guidelines, with the California Governor's Office of Emergency Services, Criminal Justice/Emergency Management & Victim Services Branch, for funding of the Victim/Witness Assistance Program in the Amount of $1,155,823 for the period October 1, 2017 through September 30, 2018. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover December 5, 2017 Conta Costa County Board of Supervisors Minutes 11 C. 50 APPROVE and AUTHORIZE the Public Defender, or designee, to apply and accept a grant in the amount of $12,500 from The California Endowment for Clean Slate Outreach. (No County Match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding in an amount not to exceed $1,813,421 from the Department of Health and Human Services Administration for Children and Families for Early Head Start supplemental funding for the period March 1 through August 31, 2018. (20% In-kind County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, 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 the California Department of Health Care Services, to pay County an amount not to exceed $20,072,025 to provide alcohol and other drug prevention, treatment and recovery support services to County residents for the period July 1, 2017 through June 30, 2020. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the County Administrator, or designee, to accept grant funding from the California Arts Council, a state agency, in an amount not to exceed $26,250 for the County to provide advocacy for the advancement of arts for the period October 1, 2018 through June 30, 2019. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, 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. 54 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute Change Order No. 1 with Federal Solutions Group, for Job Order Contract 004, Aztec Consultants, for Job Order Contract 005, Mark Scott Construction for Job Order Contract 006, and Anderson Group International for Job Order Contract 007, to increase the payment limit by $2,000,000, to a new maximum contract value of $4,500,000, as allowed by Public Contract Code.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with Arboricultural Specialties, Inc., (dba The Professional Tree Care Company) to extend the term from October 31, 2017 to April 30, 2018, with no change to the payment limit, for on-call tree trimming services, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with Davey Tree Expert Company to extend the term from October 31, 2017 to April 30, 2018, with no change to the payment limit, for on-call tree trimming services, Countywide. (100% General Fund)    December 5, 2017 Conta Costa County Board of Supervisors Minutes 12     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Department, a purchase order with Dell Computers in an amount not to exceed $135,069 for the replacement of desktop computers, as recommended by the Interim Public Works Director, Countywide. (40% Flood Control Funds, 40% Road Funds, 20% Special Revenue Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Total Firearms Training in an amount not to exceed $196,000 to provide firearms range safety management for Sheriff's personnel and range visitors for the period January 1, 2018 through December 31, 2019. (70% General Fund, 30% Participant Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with National Medical Services Inc., in an amount not to exceed $240,000 to provide forensic toxicology analysis for the period January 1, 2018 through December 31, 2019. (100% Agency Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Purchasing Agent, to execute a purchase order, on behalf of District Attorney, with Computerland of Silicon Valley, in an amount not to exceed $160,000 for network switches as part of information technology upgrades at 900 Ward Street, Martinez. (100% Federal Asset Forfeiture funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, 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 with Sodexo America, LLC in an amount not to exceed $390,000 to provide management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center and Health Centers for the period November 1, 2017 through October 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with First Baptist Church of Pittsburg, California, to increase the payment limit by $31,861 to a new payment limit of $395,822 for the provision of Early Head Start Program Enhancement and State General Childcare Development services with no change to the term of July 1, 2017 through June 30, 2018. (70% State, 30% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to    December 5, 2017 Conta Costa County Board of Supervisors Minutes 13 C. 63 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with First Baptist Church of Pittsburg, California, to increase the payment limit by $171,965 to a new payment limit of $1,601,396 for the provision of childcare services at Fairgrounds Children’s Center, with no change to the term of July 1, 2017 through June 30, 2018. (21% Federal, 79% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with First Baptist Church of Pittsburg, California, to increase the payment limit by $206,772 to a new payment limit of $1,276,227 for the provision of State Preschool, Pre-kindergarten Literacy and Early Head Start Program services, with no change to the term of July 1, 2017 through June 30, 2018. (85% State, 15% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Little Angels Country School LLC, to increase the payment limit by $35,788 to a new payment limit of $219,254, for the provision of State Preschool services, with no change to the term of July 1, 2017 through June 30, 2018. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Richmond Elementary School, Inc., to increase the payment limit by $28,704 to a new payment limit of $250,080, for the provision of State Preschool services, with no change to the term of July 1, 2017 through June 30, 2018. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to execute a contract amendment with We Care Services for Children, to increase the payment limit by $29,601 to a new payment limit of $257,895 for the provision of State Preschool services, with no change to the term of July 1, 2017 through June 30, 2018. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language with the Crowne Plaza Hotel Concord in an amount not to exceed $9,500, for the Heritage Project, Options for Recovery Program, Caregivers Retreat and Training event, scheduled for April 19, 2018 and requiring County's assumption of liability for injuries or damages caused by attendees. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to    December 5, 2017 Conta Costa County Board of Supervisors Minutes 14 C. 69 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language with the Crowne Plaza Hotel Concord in an amount not to exceed $12,000 for the Heritage Project, Breaking Barriers Training event scheduled March 1, 2019, and requiring the County's assumption of liability for injuries or damage caused by event attendees. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 ADOPT Resolution No. 2017/422 approving and authorizing the Interim Public Works Director, or designee, to execute a contract and amendments with Debri-Tech, Inc., effective September 1, 2017, to extend the term from July 31, 2018 through August 31, 2019, and to increase the payment limit by $1,000,000 to a new payment limit of $2,000,000, to provide as-needed assistance with trash and abandoned waste cleanup and removal for the Contra Costa County Watershed Program, Countywide. (100% Stormwater Utility Assessment Revenue Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Health Care Interpreter Network, effective July 1, 2017, to modify the quarterly payment provision for translation services with no change in the term of July 1, 2017 through June 30, 2019 nor in the payment limit of $400,000. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Animate Consulting LLC, (dba Animate Behavior LLC), in an amount not to exceed $1,250,000 to provide applied behavior analysis services to Contra Costa Health Plan members for the period December 1, 2017 through November 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Gary B. Marcus, M.D., A Professional Corporation, in an amount not to exceed $150,000, to provide cardiology services to Contra Costa Health Plan members, for the period December 1, 2017 through November 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Brownstein and Crane Surgical Services in an amount not to exceed $1,000,000, to provide gender reassignment surgery services for Contra Costa Health Plan and Medi-Cal members, for the period December 1, 2017 through November 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Contra    December 5, 2017 Conta Costa County Board of Supervisors Minutes 15 C. 75 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Contra Costa Clean Water Program, a purchase order with the San Francisco Estuary Institute in the amount of $158,769 for participation in the San Francisco Estuary Regional Monitoring Program for Trace Substances, as required by the National Pollutant Discharge Elimination System Permit issued by the San Francisco Bay Regional Water Quality Control Board, for the period of January 1, 2018 through December 31, 2018, as recommended by the Interim Public Works Director, Countywide. (100% Cities and County Stormwater Utility Fee Assessments)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Peyman Keyashian, M.D., in an amount not to exceed $541,000 to provide anesthesiology services at Contra Costa Regional Medical Center and Health Centers for the period February 1, 2018 through January 31, 2019. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 77 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Contra Costa Family Justice Alliance, effective December 1, 2017, to increase the payment limit by $5,000 to a new payment limit of $164,000 to provide additional services for victims of interpersonal violence and their families for the period July 1, 2017 through June 30, 2018. (95% County, 5% Other)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 78 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to issue a Request for Proposals for the Kinship Supportive Services Program in an amount not to exceed $945,228 to provide kinship support services in Contra Costa County for the period July 1, 2018 through June 30, 2019. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Valerie Gulyash in an amount not to exceed $311,200 to provide consulting and technical assistance for the Keane Chargemaster Billing and EPIC Electronic Medical Record systems used at Contra Costa Regional Medical Center, for the period January 1, 2018 through December 31, 2019. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 80 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with Henry Schein, Inc., to increase the payment limit by $200,000 to a new payment limit of $900,000 for dental supplies, equipment, instruments, and repairs at the Contra Costa Regional Medical Center and Health Centers, with no change in the term of January 1, 2016 through December 31, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 81 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services    December 5, 2017 Conta Costa County Board of Supervisors Minutes 16 C. 81 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Department, a purchase order with UHS Surgical Services, Inc., in an amount not to exceed $1,000,000 for the rental of medical devices and equipment for the Contra Costa Regional Medical Center, for the period January 1, 2018 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to terminate the contract of Amanda Ibarra Ranola, OD (dba Optometric Vision Care) for optometry services for Contra Costa Health Plan members, effective close of business on October 27, 2017, 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 Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Epic Care in an amount not to exceed $7,000,000 to provide hematology, oncology and bypass surgery services to Contra Costa Health Plan members for the period December 1, 2017 through November 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Regents of the University of California, on behalf of the University of California, San Francisco Medical Center, effective January 1, 2018, to increase the payment limit by $320,000 to a new payment limit of $480,000 to provide additional remote neurology and neurovascular consultation services for patients at Contra Costa Regional Medical Center and Health Centers, and to extend the termination date from December 31, 2017 to December 31, 2020. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 85 APPROVE and AUTHORIZE the Purchasing Agent to purchase, on behalf of the Health Services Department, 500 Target gift cards in the amount of $15 each for a total payment limit of $7,500 to use as incentives for consumer participation as allowed under Proposition 63, the Mental Health Services Act. (100% Mental Health Services Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 86 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Administrator, a purchase order amendment with SoftwareOne, to increase the payment limit by $300,000 to a new payment limit of $1,507,870, with no change in the term of May 1, 2014 through April 30, 2019, for procurement of additional licenses under the Microsoft volume licensing enterprise agreement. (100% User fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 87 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Kronos in the amount of $1,250,427 to provide the automated timekeeping hardware, software, professional consultation and staff training for the Time and Labor Management/Hosting Project for the period December 15, 2017 through December 14, 2022. (100% County General Fund)      December 5, 2017 Conta Costa County Board of Supervisors Minutes 17  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 88 APPROVE agreement to continue Contra Costa's participation in "Delta Counties" for an additional three year period through January 2021, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 89 CONTINUE the emergency actions originally taken by the Board of Supervisors on January 26 and February 14, 2017, and most recently continued by the Board on November 7, 2017, regarding the hazardous conditions caused by a series of severe rainstorms in Contra Costa County, as recommended by the County Administrator.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 90 APPROVE the non-financial Memorandum of Understanding between the Workforce Development Board of Contra Costa County and the One-Stop America's Job Center partners, and AUTHORIZE the Chair, Board of Supervisors to sign the memorandum, as recommended by the Employment and Human Services Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 91 APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code for calendar year 2018, as recommended by the Treasurer-Tax Collector.       Speaker: Russell Watts, Treasurer-Tax Collector.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Kaiser Foundation Hospitals (dba Kaiser Permanente - Walnut Creek), to designate Kaiser Foundation Hospitals as a Primary Stroke Center for the period January 1, 2018 through December 31, 2020. (Non-financial agreement)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Kaiser Foundation Hospitals (dba Kaiser Permanente – Antioch), to designate Kaiser Foundation Hospitals as a Primary Stroke Center for the period January 1, 2018 through December 31, 2020. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract    December 5, 2017 Conta Costa County Board of Supervisors Minutes 18 C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Kaiser Foundation Hospitals (dba Kaiser Permanente – Richmond), to designate Kaiser Foundation Hospitals as a Primary Stroke Center for the period January 1, 2018 through December 31, 2020. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 95 ACCEPT report on the Fiscal Year 2016/17 and 2017/18 budgets for County contributions to the Contra Costa Transportation Authority, the Congestion Management Agency for the County, and the Regional Transportation Planning Committees, and APPROVE County contributions toward these budgets, as recommended by the Conservation and Development Director. (50% Gas Tax, 50% Measure J Return-to-Source Revenue)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 96 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on November 7, 2017, 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 Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 97 APPROVE recommended changes to the Integrated Pest Management Policy and Advisory Committee bylaws, as recommended by the Internal Operations Committee. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 98 ACCEPT update on the proposed Marsh Creek Corridor Multi-Use Trail, APPROVE submission of grant application(s), each in the amount of $300,000, for the “Marsh Creek Multi-Use Trail Feasibility Study" to the following agencies and grant programs: Caltrans Senate Bill 1 Sustainable Transportation Planning Grant, Coastal Conservancy Proposition 1 Grant, and the Metropolitan Transportation Commission's Priority Conservation Area Grant; and AUTHORIZE staff to develop and release a Request for Proposals to recruit and identify a consultant to conduct the Feasibility Study, as recommended by the Transportation, Water and Infrastructure Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 99 ACCEPT the 2017 annual report of the Family and Human Services Committee that includes continuing twenty referrals to the 2018 Committee, as recommended by the Family and Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.100 ACCEPT report and APPROVE recommendations from Phase III of the triennial advisory body review, as recommended by the Internal Operations Committee. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.101 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and    December 5, 2017 Conta Costa County Board of Supervisors Minutes 19 C.101 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and the Health Services Director, and as required by the State Departments of Health Care Services and Managed Health Care and the Centers for Medicare and Medicaid Services.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.102 FIND that reallocating State Local Revenue 2011 funds within the Employment and Human Services Department Protective Services Sub-account to the Health Services Department Behavioral Health Sub-account will enhance and increase the provision of timely specialty mental health services for foster care children, and APPROVE and AUTHORIZE the Auditor-Controller, or designee, to reallocate State Local Revenue 2011 funds as described above in an amount not to exceed $2,000,000, for the period of July 1, 2017 through June 30, 2018, as required by California Government Code Section 30025(f)(4)(A-E). (100% 2011 State Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.103 ADOPT Resolution No. 2017/431 authorizing the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $1.6 million to provide financing for the costs of construction of Riviera Family Apartments, a 58-unit residential rental housing development located at 1515 and 1738 Riviera Avenue (Assessor's Parcel Nos. 174-150-076, 174-140-019, 174-140-025) in the City of Walnut Creek, California, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.104 Acting as the Governing Body of the Contra Costa County Fire Protection District, APPROVE the Demolition/Replacement of Fire Station 16 at 4007 Los Arabis Drive in Lafayette Project and take related actions under the California Environmental Quality Act, Lafayette area. (100% Capital Improvement Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via December 5, 2017 Conta Costa County Board of Supervisors Minutes 20 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 Diane Burgis) meets on the fourth Wednesday of the month at 1:30 p.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) meets on the fourth Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and Candace Andersen) meets on the first Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors Federal D. Glover and John Gioia) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Diane Burgis 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. Airports Committee December 13, 2017 11:00 a.m.See above Family & Human Services Committee December 25, 2017 Canceled See above Finance Committee December 25, 2017 Canceled See above Hiring Outreach Oversight Committee TBD See above Internal Operations Committee December 11, 2017 1:00 p.m. See above Legislation Committee December 11, 2017 10:30 a.m. See above Public Protection Committee December 7, 2017 Special Meeting 9:00 a.m. See above Transportation, Water & Infrastructure Committee December 11, 2017 9:00 a.m. See above December 5, 2017 Conta Costa County Board of Supervisors Minutes 21 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area December 5, 2017 Conta Costa County Board of Supervisors Minutes 22 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 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 23 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 24 RECOMMENDATION(S): FIND that the adoption of Ordinance No. 2017-16, is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines. 1. ADOPT Ordinance No. 2017-16, as modified following introduction, which will establish a permit program for specified non-franchised solid waste haulers. 2. FISCAL IMPACT: Permit fees will be proposed to provide funding to support implementation and enforcement of Ordinance No. 2017-16. To the extent that the estimated fees will cover actual costs, adoption of this Ordinance is not expected to impact the General Fund. If the proposed fee is not adequate to fund this program, General Fund money (or some other source of funding) may be needed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Candace Andersen, District II Supervisor Contact: Marilyn Underwood, (925) 692-2521 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: EH Director, DCD Solid Waste, CAO, Franchise Haulers via Republic Svcs D.3 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:ADOPT ORDINANCE AND APPROVE RELATED ACTIONS TO ESTABLISH A PERMIT PROGRAM FOR SPECIFIED NON-FRANCHISED SOLID WASTE HAULERS December 5, 2017 Conta Costa County Board of Supervisors Minutes 25 BACKGROUND: This report addresses changes to proposed Ordinance No. 2017-16, which would establish a permit program for non-franchised solid waste haulers. On September 26, 2017, Ordinance No. 2017-16, as introduced on July 11, 2017 (the “Ordinance”), was presented to the Board for adoption. At the meeting, the Board received and considered a number of proposed revisions to the Ordinance that had been jointly submitted in writing by representatives of Garaventa Enterprises, Inc., and Republic Services, Inc. (the “Joint Haulers”) and verbally by legal counsel on behalf of the Joint Haulers. Garaventa Enterprises, Inc., has a County franchise to collect solid waste. Republic Services, Inc., is the parent company of three solid waste companies that also have County solid waste franchises. Following a review of these proposed changes and upon consideration of staff comments, the Board directed that the Ordinance be revised. In response, staff has prepared revised Ordinance No. 2017-16 (the “Revised Ordinance”). The Revised Ordinance is attached to this report as Exhibit A and recommended for adoption. A redlined version of the Revised Ordinance, which shows the changes made from the version introduced on July 11, is attached as Exhibit B. Staff has also prepared and attached as Exhibit C a color-coded mark-up of the Ordinance that illustrates revisions proposed since September 26, and the status of those revisions. Many post-September 26 revisions were made in response to the direction given by the Board on September 26. Other changes, some proposed by staff and others proposed by the Joint Haulers, are not related to the Board’s September 26 direction. Staff and the Joint Haulers concur with some of these other changes, but others are in dispute. The color-coded markup includes comments that reflect staff’s position on the changes that staff disputes and explanation of new changes by staff. The disputed changes are not included in the Revised Ordinance presented for adoption. The mark-up version is provided to facilitate the Board’s discussion of the disputed changes. Below is a brief discussion of significant changes that appear in the Revised Ordinance presented for adoption, and significant points of contention between staff and the Joint Haulers. 1. Significant Changes in Revised Ordinance Significant revisions reflected in the Revised Ordinance include: Section 418-2.004 Permit requirement The effective date of the permit requirement was changed from January 1, 2018, to March 1, 2018, to provide the Health Services Department adequate lead time to develop the permit application form, information materials, website updates, fix the amount of the performance bond, establish the permit fee, and conduct outreach and education on the new requirements. Section 418-2.006 Territorial limits; solid waste types This section contains additional clarifying language about what a permit would not authorize. Section 418-2.008 Exemptions The exemption for collection and transport of solid waste under a federal, state or local permit has been revised to apply only to federal and state permits where those permit requirements preempt the County’s permit requirement. A new exemption for collection and transport of solid waste under a local permit has been added, but is limited to permits issued by sanitary districts, community services districts and solid waste joint powers authorities. December 5, 2017 Conta Costa County Board of Supervisors Minutes 26 An exemption for the collection and transport of solid waste generated in a mechanized manufacturing process or at a publicly operated treatment works was revised to apply to the collection and transport of solid waste generated at a manufacturing plant, a term commonly understood to mean an industrial facility consisting of land, buildings and machinery used to make or assemble products. The collection and transport of solid waste generated at a publicly operated treatment works is now covered under a separate exemption. Section 418-2.010 Application This section was revised to require the applicant to provide additional identifying information, including business entity information and motor carrier identification numbers if applicable, and to call out vehicles that have the capacity to provide roll-off box services. Section 418-2.014 Permit issuance; grounds for denial This section was revised to require that a valid certificate of liability insurance be provided by the applicant as a condition of receiving a permit. Proof of insurance will not be required at the time of application, but will be required before a permit will be issued. Failure to provide the required proof of insurance would be grounds for denial of the permit. This section was also revised to clarify that an overlap between an applicants service territory and a franchise hauler's service territory would be grounds for denial only if the applicant wants to haul exactly the same waste types (and nothing more) as a franchise hauler in only the franchisee's territory. With other overlaps, the permit will need to be tailored by staff to avoid conflicts. Section 418-2.016 Terms and Conditions A subsection that describes the terms of a permit (i.e., the information on the face of the permit) was added to this section. The conditions subsection was modified in two significant respects. It now contains a condition to carry proof of liability insurance in each motorized vehicle. Second, containers of one cubic yard or larger that are used in the business will need to be marked with specified identifying information. Section 418-2.022 Revocation The revocation section now includes a subsection that expressly discusses a ground for revocation based on a permittee’s operations that infringe upon the exclusive rights of a franchised solid waste hauler. The provision also discusses how evidence of such activities, and evidence of a franchisee’s rights and privileges under a franchise agreement, would be considered in revocation proceedings. 418-2.024 Prohibitions The requirement to transport waste only to specified solid waste or recycling facilities was moved from the permit conditions subsection to the prohibitions section in order to subject a broader range of persons – i.e., all persons required to have permits, as opposed to only the permittees – to this requirement. Staff determined that this change would provide law enforcement with a more effective tool in addressing unpermitted transfer stations. 2. Significant Joint Hauler Revisions Disputed by Staff Staff’s comments on each revision proposed by the Joint Haulers that is not included in the Revised Ordinance are December 5, 2017 Conta Costa County Board of Supervisors Minutes 27 included in the attached color-coded markup. Additional comments on significant areas of dispute follow. Industrial waste exemption On September 26, the Board rejected the Joint Haulers’ proposal to eliminate the exemption from the permit requirement for the collection and hauling of industrial waste, which was described in the Ordinance at that time as waste generated in a “mechanized mechanical process.” The Board was receptive, however, to a clearer description of this kind of waste, and the Joint Haulers were to provide a definition for consideration. The Joint Haulers instead proposed, again, to delete the exemption. Staff remains opposed to the elimination of this exemption. Neither the generators nor haulers of this type of waste were included in any of the outreach conducted by staff in the course of developing this ordinance. This type of waste is also not found illegally dumped or at illegal transfer stations; therefore, requiring permits to haul it is unlikely to further the stated goal of combating illegal dumping. Some wastes hauled from manufacturing facilities must be hauled in specialized trucks or require special handling. When the Joint Haulers failed to provide alternative language, staff rewrote the exemption to apply to all waste generated at manufacturing plants. This exemption is clearer and would eliminate the need for haulers of assorted types of waste generated at these facilities to obtain permits to collect the types of waste not covered under the exemption. Publicly operated treatment works waste exemption Staff objects to the hauler's proposed edit to this exemption because it is too vague and also not consistent with the Board's 9/26/17 direction. A non-franchised hauler who services a publicly operated treatment works would not know, based on the terms of this ordinance, whether or not a permit was required. This could lead to enforcement challenges for the County. Consequently, staff removed the hauler’s proposed edit. Source-separated recyclable material exemption From staff’s perspective, the Joint Hauler’s proposed elimination of the exemption for collecting and transporting source-separate recyclable material would not yield positive results. The free market approach to the hauling of source-separated recyclables has not proven to be problematic from an environmental standpoint. Because the material has inherent value, it is not the sort of material that is taken to illegal transfer stations or illegally dumped. For this reason, to the extent that customers are paying haulers to collect this material, requiring these haulers to obtain permits would impose regulations and extra costs on these haulers but not yield the environmental results that staff seeks through the adoption of a waste hauling ordinance. The Joint Haulers have previously shared their concerns about the poaching of recyclables that the Joint Haulers have exclusive rights to collect; however, due to a restriction in the Vehicle Code, the permit requirement will apply only to vehicles for hire – i.e., vehicles operated by businesses that are performing services for paying customers. This restriction, referenced in Section 418-2.028 of the Revised Ordinance, will, as a practical matter, exempt poachers from the permit requirement. The vehicle for hire restriction will also exempt from the permit requirement charities and others who collect recyclables without charge. This exemption will apply regardless of whether an express exemption for the collection and transport of this material is included in the final version of the ordinance. The express exemption, however, serves as a billboard to charities and others who perform this service for free that they will not need to obtain permits to continue their activities. Without this billboard, they may erroneously conclude that they do need permits. This error could, in turn, unnecessarily impact their operations and fundraising strategies, and leave customers with fewer options for disposing of these materials. Unlike loads of mixed materials or wastes, source-separated recyclables do not need to be sorted at a transfer station or other processing facility to facilitate recovery. Source-separated recyclable materials can be taken December 5, 2017 Conta Costa County Board of Supervisors Minutes 28 directly from the pick-up location to recycling facilities since the customer has sorted material by type prior to collection. There may be numerous haulers that would cease to collect source-separated recyclables from existing customers if subject to the added cost/burden of the ordinance’s permitting requirements. This could include collection of certain recyclable materials that are not being collected for recycling by other haulers or seasonally high quantities of a recyclable material that exceeds the amount the Franchise Hauler will pick-up at no additional charge. Finally, recycling haulers have not been included in the outreach conducted by staff. If the Board is inclined to require them to get permits, staff recommends that this be considered as an amendment after staff has had an opportunity to reach out to them to advise them of the proposal and gather their feedback. Liability Insurance Requirement Upon Application The Revised Ordinance includes a requirement that haulers have liability insurance coverage at the limits of $1 million per claim and $1 million in the aggregate, consistent with the Board’s September 26 direction. The Joint Haulers now desire that an applicant have this insurance at the time of submittal of a permit application. Staff is opposed to this requirement because it is too onerous and of no apparent public benefit. If the purpose of the liability insurance is to protect people from harm caused by a permittee, there is no apparent reason to require an applicant to have this insurance in effect before a permit is issued. It would be sufficient from a public protection standpoint to have this requirement take effect at the time of permit issuance, and staff has included this requirement in the Revised Ordinance. Staff also notes that requiring a non-franchised solid waste hauler to have liability insurance in effect at the time of permit issuance is consistent with the insurance requirements that apply to the Joint Haulers. The Joint Haulers must have insurance during the terms of their franchises, which are akin to permits. Prospective solid waste franchisees are not required to have insurance in place when they begin the process to obtain a franchise from the County. Staff Recommendation re: Further Ordinance Revisions If the Board would like to consider incorporation of additional changes to the Revised Ordinance, in response to revisions requested by the Joint Haulers, staff proposes that any such changes be considered as possible amendments following adoption of the Revised Ordinance. This would allow allow staff to begin implementing the permit requirement prior to March 1, 2018, which is the date the permit requirement is set to take effect under Section 418-2.004. The Board could direct staff to return at a later date, perhaps one year from now, after assessing the effect of the Revised Ordinance, to identify additional changes that could be included in an ordinance amendment to address other revisions proposed by the Joint Haulers. Performance Bond and Fee Hearing Section 418-2.018 of the Revised Ordinance would require a permittee to file with the County a performance bond of the type and in the amount set by Board resolution. Section 418-2.020 requires payment of a permit fee established by Board resolution. Following adoption of the Revised Ordinance staff intends to return to the Board with recommendations for action on these items. California Environmental Quality Act For the purposes of compliance with the California Environmental Quality Act (CEQA), the project consists of the Ordinance as well as adoption of the bond and fee resolutions. Based on the record before the County, Conservation and Development Department staff has determined that the whole of this project is exempt from review under CEQA under Section 15061(b)(3) and Section 15273(a)(1) of the CEQA Guidelines. Section December 5, 2017 Conta Costa County Board of Supervisors Minutes 29 15273(a)(1) specifies that fees established by public agencies to meet operating expenses are exempt. Section 15061(b)(3) provides that an activity is exempt if there is no possibility that the activity in question may have a significant effect on the environment. CONSEQUENCE OF NEGATIVE ACTION: Should the Board decide not to adopt the ordinance as introduced and direct staff to further modify the ordinance, staff may not have adequate time to develop the program, redeploy staff, establish the permit fee and performance bond, and conduct outreach and education in time to issue permits by March 1, 2018. CLERK'S ADDENDUM FOUND that the adoption of Ordinance No. 2017-16, is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines; ADOPTED Ordinance No. 2017-16, as modified today, which will establish a permit program for specified non-franchised solid waste haulers. AGENDA ATTACHMENTS Exhibit A: Ordinance 2017-16 Solid Waste Hauler Permitting Program Exhibit B: Redline Ordinance Showing Changes Since the July 11 Introduction Exhibit C: Color Coded Ordinance with Mark-up of Revisions Since September 26 MINUTES ATTACHMENTS Signed Ordinance No. 2017-16 Correspondence Received December 5, 2017 Conta Costa County Board of Supervisors Minutes 30 December 5, 2017 Conta Costa County Board of Supervisors Minutes 31 December 5, 2017 Conta Costa County Board of Supervisors Minutes 32 December 5, 2017 Conta Costa County Board of Supervisors Minutes 33 December 5, 2017 Conta Costa County Board of Supervisors Minutes 34 December 5, 2017 Conta Costa County Board of Supervisors Minutes 35 December 5, 2017 Conta Costa County Board of Supervisors Minutes 36 December 5, 2017 Conta Costa County Board of Supervisors Minutes 37 December 5, 2017 Conta Costa County Board of Supervisors Minutes 38 December 5, 2017 Conta Costa County Board of Supervisors Minutes 39 December 5, 2017 Conta Costa County Board of Supervisors Minutes 40 December 5, 2017 Conta Costa County Board of Supervisors Minutes 41 December 5, 2017 Conta Costa County Board of Supervisors Minutes 42 December 5, 2017 Conta Costa County Board of Supervisors Minutes 43 December 5, 2017 Conta Costa County Board of Supervisors Minutes 44 PROPOSED CHANGES TO PROPOSED ORDINANCE NO. 2017-16 Green: Undisputed changes made in response to 9/26/17 Board direction and further negotiation Purple strikeout: Staff changes made in response to 9/26/17 Board direction, and disputed by the Joint Haulers Blue strikeout: Joint Haulers’ changes submitted on 10/16/17 but not in response to 9/26/17 Board direction, and disputed by staff Red: Staff changes in response to disputed 10/16/17 Joint Haulers’ revisions, and additional edits [Bracketed text]: Staff comments ORDINANCE NO. 2017-16 (Solid Waste Collection and Transportation) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. SUMMARY. This ordinance amends Chapter 418-2 of the County Ordinance Code to establish permit requirements for the collection and transportation of solid waste in the unincorporated area of Contra Costa County. SECTION II. AUTHORITY. This ordinance is adopted pursuant to Article 11, section 7 of the California Constitution, Public Resources Code section 40059 and Vehicle Code section 21100. SECTION III. Chapter 418-2 of the County Ordinance Code is amended to read: December 5, 2017 Conta Costa County Board of Supervisors Minutes 45 Chapter 418-2 Solid Waste Collection and Transportation 418-2.002 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) “Applicable laws and regulations” means federal, state or local law, regulations, rules, ordinances and final administrative action that affect solid waste collection and transportation. [Comment: Staff opposes this definition because it is excessive and unwarranted. As used in the ordinance, among other things, the definition would require permittees to comply with requirements that may not apply to them, and would give rise to a permit revocation for violations outside the County’s jurisdiction, even if operations under the permit conform to all applicable laws and regulations.] (b)(a) “Solid waste” means all solid waste as defined in Public Resources Code section 40191 as may be amended from time to time. (c)(b) “Solid waste facility” means a solid waste facility as defined in Public Resources Code section 40194 as may be amended from time to time. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.004 Permit requirement. Effective JanuaryMarch 1, 2018, [Comment: Staff will need more time to implement this ordinance, including outreach activities.] no person shall collect solid waste from any location in the unincorporated area and transport it over the public streets or highways of the unincorporated area except under a valid permit issued under this chapter, unless an exemption under this chapter applies. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.006 Territorial limits; solid waste types. (a) A permit issued under this chapter authorizes the permittee to collect specified types of solid waste within a specified territory in the unincorporated area and to transport it over the public streets and highways of the unincorporated area, in accordance with the terms and conditions of the permit. (b) A person may obtain a permit under this chapter to collect solid waste from territory in the unincorporated area only to the extent that another person does not have an exclusive privilege or right to collect that solid waste from that territory under a valid franchise agreement. (c) A permit issued under this chapter does not authorize, and shall not be construed to authorize, the permittee to collect solid waste within territory in the unincorporated area when another person has an exclusive privilege or right to collect that solid waste within that territory under a valid franchise agreement. (d) A permit issued under this chapter does not authorize, and shall not be construed to authorize, the collection and transport of solid waste within any incorporated area. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.008 Exemptions. The requirement to obtain a permit under Section 418-2.004 does not apply to any of the following: (a) The collection and transport of solid waste by the owner or occupant of the real property where the solid waste was generated. December 5, 2017 Conta Costa County Board of Supervisors Minutes 46 (b) The collection and transport of solid waste that is generated on real property in the course of a service provided to the owner or tenant of that property by a building contractor or landscape contractor, if the solid waste is collected and transported by the contractor. (c) The collection and transport of solid waste under a valid federal or state permit if the federal or state permit requirement preempts the permit requirement under this chapter. (d) The collection and transport of solid waste under a valid permit issued by the county under Chapter 413-3 or by [Comment: Septage haulers must have environmental health permits. Staff does not see the need to subject these haulers to dual permit requirements.] a sanitary district, community services district, or joint powers authority with jurisdiction over solid waste handling. (e) The collection and transport of solid waste by the franchisee under a valid franchise agreement. (f) The collection and transport of solid waste generated at a manufacturing plant. The collection and transport of solid waste generated at a manufacturing plant.[Comment: Staff revised this subsection in response to the Board’s 9/26/17 direction. The previous language provided an exemption for the collection and transport of solid waste generated in a “mechanized manufacturing process.” The Board determined that the term needed to be defined. The Joint Haulers were to provide a definition but instead deleted the entire exemption. The deletion was not consistent with the Board’s direction, so staff reinserted its revision (now in red). The revised language would exempt the collection and transport of all solid waste generated at a manufacturing plant. This provision is included in a revised ordinance recommended for adoption. See 11/14/17 Board Order for additional discussion about this exemption.] (g) The collection and transport of solid waste not collected and transported by a franchised hauler pursuant to a franchise agreement that is generated at a publicly operated treatment works. [Comment: Staff objects to the hauler’s proposed edit to this exemption because it is too vague. A non-franchised hauler who services a publicly operated treatment works would not know, based on the terms of this ordinance, whether or not a permit was required. This could lead to enforcement challenges for the County. The revision by the Joint Haulers was also not consistent with the Board’s 9/26/17 direction.] (h) The collection and transport of source-separated recyclable material. The collection and transport of source-separated recyclable material. [Comment: The joint haulers’ deletion of this exemption was not consistent with the Board’s direction, so staff has reinserted the same language. The Joint Haulers offered to, but did not provide, a definition for use in clarifying this exemption. See 11/14/17 Board Order for additional discussion about this exemption.] (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.010 Application. (a) A person may apply for a solid waste collection and transportation permit by submitting an application to the Contra Costa County Health Services Department, Environmental Health Division, and paying an application fee established by the board by resolution. The application must be made using a form approved by the health officer and include all of the following: (1) The full legal name, address and telephone number(s) of the applicant, including full legal name of applicant and type of business together with any fictitious business name statement(s), articles of incorporation, certificates of partnership or limited partnership, December 5, 2017 Conta Costa County Board of Supervisors Minutes 47 copies of business licenses. If the applicant is a sole proprietor who will operate under a fictitious business name, the applicant must provide a copy of a valid fictitious business name statement for the business. If the applicant is a business entity, the applicant must provide written documentation that the entity may lawfully conduct business in the unincorporated area. [Comment: Staff proposes the change in red, which articulates the kind of information that would be relevant to the application process.] (2) Identification of all equipment and [Comment: Staff finds the term “equipment” to be overbroad and vague. It is not clear how non-vehicular equipment could be specifically identified.] vehicles proposed to be used in the collection and transport of solid waste under the permit, including legible copies of valid California registration cards for each vehicle, license plate number for each vehicle, vehicle identification number(s) (VIN), type of vehicle, number of axles [Comment: The deleted text is not necessary, because it lists types of information that are provided on vehicle registration cards. and identification of specific vehicles using roll off boxes or containers. [Comment: Staff objects to the wording but not the substance of this change by the Joint Haulers. Staff has substituted acceptable language in red below, which would require all vehicles equipped to provide drop-off services to be called out, even if drop box services are not proposed.] If any of the above vehicles is equipped to provide drop box services, that information must also be provided. (3) Proof of possession of a valid motor carrier identification number in good standing issued under California Vehicle Code section 34507.5, if applicable. (4) Identification of all individuals who will operate any of the vehicles described in Section 418-2.010(a)(2) and written documentation of their legal authority to operate those vehicles, including legible copies of valid California driver’s licenses. (5) Identification of the types of solid waste to be collected and transported. (6) Identification of the types of locations where solid waste will be collected. (7) Identification of the specific territory to be served. (8) Identification of the location(s) to which the solid waste will be transported. (9) A description of any services to be provided to a customer related to the collection and transport of solid waste for that customer. (10) Evidence of liability insurance policy for purposes of compliance with Section 418-2.018(b). [Comment: A requirement that a permit applicant have insurance at the application stage is unwarranted. An applicant may wish to make sure it is feasible to obtain a permit before committing resources to obtain this insurance. Insurance that is effective at the time of permit issuance is sufficient from the standpoint of public protection.] (b) A copy of the application will be provided by the health officer to the director of the department of conservation and development for review to determine whether any other person has obtained an exclusive right or privilege from the county to collect and transport the same type of solid waste described in Section 418-2.010(a)(5) from the same territory described in Section 418-2.010(a)(7). The review will be conducted and completed no later than 30 calendar days following the date that the application is submitted. (c) A copy of the application will be provided by the health officer to local public agencies that have jurisdiction over solid waste handling within the territory described in Section 418- 2.010(a)(7), including sanitary districts and community services districts, for review to determine whether any other person has obtained an exclusive right or privilege from the agency to collect December 5, 2017 Conta Costa County Board of Supervisors Minutes 48 and transport the same type of solid waste described in Section 418-2.010(a)(5) from the same territory described in Section 418-2.010(a)(7). (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.012 Vehicle inspections. (a) All vehicles proposed to be used for collection and transport of solid waste under a permit issued under this chapter shall be made available for inspection by the health officer. (b) Before a new or renewed permit is issued under this chapter, the health officer shall inspect all vehicles proposed to be used for collection and transport of solid waste under the permit to determine compliance with the following minimum standards: (1) The vehicle must be designed, constructed and configured for safe handling and to securely contain the type of solid waste proposed to be collected; and (2) The vehicle must be prominently marked with the name and telephone number of the applicant. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.014 Permit issuance; grounds for denial. (a) After receipt of an application, and payment of a permit fee established by the board by resolution, and a valid certificate of liability insurance issued to the applicant that conforms to the coverage requirement set forth in Section 418-2.018(b),[Comment: Staff inserted in this language to take the place of the Joint Haulers’ recommended revision, which would require the insurance to be in place at the time of submission of an application. This language would require an applicant to provide proof of liability insurance coverage prior to permit issuance, but affords the applicant the option of waiting until just before permit issuance to provide that documentation. An applicant who already has insurance – such as a permitee who is seeking a permit renewal -- could also opt to provide it at the time of application.] and following the review by the director of the department of conservation and development opportunities provided under Sections 418-2.010(b)-(c), [Comment: This change clarifies that a permit is not issued until after DCD and other local agencies have had a chance to comment. DCD must perform that review within 30 days. Other local agencies will be given a similar period of time in which to respond voluntarily.] the health officer shall issue a solid waste collection and transportation permit to the applicant unless any of the following grounds for denial exists: (1) The director of the department of conservation and development or a local public agency identified in Section 418-2.010(c) advises the health officer that another person has an exclusive right or privilege to collect and transport the same all of the types of solid waste described in Section 418-2.010(a)(45) from within the same territory described in Section 418- 2.010(a)(7). [Comment: During negotiations with the Joint Haulers following the Board’s September 26 meeting, there was preliminary agreement to change the phrase “the same type of solid waste described in . . . ” to “one or more of the types of solid waste described in . . . ” This change was erroneous, in that it would have compelled denial of issuance of a permit if one of the Joint Haulers collected just one of the types of waste that an applicant proposed to collected in franchise territory. The revised language clarifies the intended process, which is to deny issuance of a permit under this subsection if the applicant proposes to collect only waste types collected by a franchised waste hauler in only the franchise territory. A revision to Section 418-2.016(a)(6), below, provides additional clarification.] (2) The application is incomplete or inaccurate. December 5, 2017 Conta Costa County Board of Supervisors Minutes 49 (3) A permit issued to the applicant under this Ssection has been revoked within 12 months prior to the date of the application. (4) The applicant has failed to pay an outstanding fine. (5) The health officer determines that a vehicle proposed to be used in the collection and transport of solid waste under the permit does not conform to the minimum standards set forth in Section 418-2.012(b). (b) The health officer shall provide written notice to the applicant of any denial of a permit under this chapter and the reasons for the denial. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.016 Terms and Conditions. (a) Terms. A permit issued under this chapter will include a requirement for [Comment: The word “requirement” is not appropriate here. The permit will state, not require, the terms that follow.] all of the following: (1) Identification of the permittee as described in Section 418-2010(a)(1). [Comment: In lieu of the citation to Section 418-2.010(a)(1), which refers to the name of the applicant, a change was made to Section 418-2.014(a) to clarify that the applicant will be the permittee.] (2) Identification of all equipment, including vehicles, [Comment: Non-vehicular equipment cannot be identified by license plate or VIN, and it is not clear how they could be specifically identified. The Joint Haulers did not provide a reason why they desire this provision to apply to other equipment, or what they meant by the term equipment. The matter was not raised before the Internal Operations Committee. See also comment on Section 418-2.010(a)(2).)] by license plate and VIN vehicle identification numbers, that may be used under the permit as described in Section 418-2010(a)(2). [Comment: Staff deleted the reference to Section 418-2.010 because it is erroneous. That section describes preliminary information about the operations that the applicant seeks to conduct under the permit. The operation actually allowed under a permit – including the list of authorized vehicles -- may be more restrictive than the operation described in the application. Permittee shall have signage or placarding on any container utilized in the collection and transportation of solid waste, stating the permittee’s name, contact information and permit number, clearly and legibly marked on the container. [Comment: Although staff finds the state regulations to be adequate with regard to container markings, staff is willing to consider including a container marking requirement in this ordinance. However, staff does not agree to this language, or its placement here, since this requirement would more properly be considered a permit condition than a term. See Section 418-2.016(b)(7) for a revised requirement.] (3) Identification of all individuals who may operate the vehicles described in Section 418-2.016(a)(42) under the permit. (4) Identification of all types of solid waste that may be collected and transported as described in Section 418-2010(a)(5) [Comment: Staff deleted the reference to Section 418- 2.010 because it is erroneous. That section describes preliminary information about the operations that the applicant seeks to conduct under the permit. The description of authorized waste types under the permit may be more restrictive than the waste types proposed in the application, particularly if the applicant proposes to operate in an area where a franchised waste hauler operates.]under the permit and, if applicable, the specific December 5, 2017 Conta Costa County Board of Supervisors Minutes 50 services that must be provided to customers in connection with the collection of specified types of solid waste. (5) Identification of all types of locations where specified types of solid waste may be collected under the permit as described in Section 418-2010(a)(6). [Comment: Staff deleted the reference to Section 418-2.010 because it is erroneous. That section describes preliminary information about the operations that the applicant seeks to conduct under the permit. The description of authorized locations where solid waste may be collected under the permit may be more restrictive than the waste types proposed in the application, particularly if the applicant proposes to operate in an area where a franchised waste hauler operates.] (6) Identification of the specific territory within which the permittee may collect specified types of solid waste under the permit as described in Section 418-2010(a)(7). [Comment: Staff deleted the reference to Section 418-2.010 because it is erroneous. That section describes preliminary information about the operations that the applicant seeks to conduct under the permit. The description of the territory where solid waste may be collected under the permit may be more restrictive than the territory proposed in the application, particularly if the applicant proposes to operate in an area where a franchised waste hauler operates.] If another person has an exclusive privilege or right under a valid franchise agreement to collect a specified type of solid waste identified by the permit, the territory within which the specified type of solid waste may be collected will not include any portion of the franchise territory. [Comment: Staff added this sentence to clarify that a permit will not authorize waste hauling activities that infringe upon the rights of a franchised waste hauler. If an applicant proposes to collect the same type of waste as a franchised waste hauler in territory that overlaps the franchise area, the territory proposed by an applicant would need to be reduced to exclude the franchise areas.] (7) Effective and expiration dates of the permit. (8) Permittee to carry proof of insurance in any hauling vehicle as required by Section 418-2.018(b). [Comment: Staff deleted the above language because it is misplaced. The permit conditions subsection is the better place to include a requirement to carry proof of liability insurance. A new provision has been included below (see Section 418- 2.016(b)(6).] (b) Conditions. The following requirements are conditions of operation under a permit issued under this chapter: (1) The permittee must comply with all Aapplicable laws and regulations. [Comment: See comment on the proposed definition of “Applicable laws and regulations” in Section 418-2.002.] (2) A copy of the permit must be kept in each motorized vehicle [Comment: It is not practical to store paperwork in vehicles that are not motorized, such as trailers.] used for solid waste collection and transportation under the permit and produced immediately in response to a demand of the health officer or any peace officer. (c) All solid waste must be transported only to: (1) A solid waste facility that is lawfully operated under all required state and local permits, registrations and enforcement agency notifications; or (2) A recycling facility that, as its principal function, receives wastes that have already been separated for reuse and are not intended for disposal, and is lawfully operated in accordance with all Applicable laws and regulations. [Comment: The deleted December 5, 2017 Conta Costa County Board of Supervisors Minutes 51 language above no longer belongs in the permit conditions section. In negotiations, staff and the Joint Haulers agreed to move this requirement into the prohibitions section below (Section 418-2.024), so that it would apply to all persons subject to the permit requirement and not just permittees.] (3) Each motorized vehicle used for solid waste collection or transportation under the permit must prominently display, on both sides and the rear of the vehicle, a permit decal issued by the health officer. [Comment: Decals on trailers are not necessary for enforcement purposes, because they will need to be pulled by motorized vehicles that will need to display decals. The Internal Operations Committee did not direct a decal requirement for trailers to be included in the ordinance.] (4) Each motorized vehicle used for solid waste collection or transportation under the permit must be marked with the name and telephone number of the permittee. Markings must be in sharp contrast to the background and of such size as to be readily visible during daylight hours from a distance of 50 feet. Markings must be applied to each sidewall of a motorized vehicle. [Comment: There is a separate marking requirement applicable to trailers and containers. See Section 418-2.016(b)(7).] (5) Each vehicle used for solid waste collection or transportation under the permit must be regularly cleaned and maintained to prevent the creation of a nuisance. (6) In each vehicle described in Section 418-2.016(b)(2), the permittee shall carry proof of liability insurance coverage in the amounts set forth in Section 418-2.018(b). [Comment: Provision added here in lieu of Joint Haulers’ proposed 418-2.016(a)(8).] (7) Each container of one cubic yard or more that is used by the permittee and used in the course of operations under the permit must be marked with the name and telephone number of the permittee. All containers must be maintained in a clean and sound condition. For the purposes of this subsection, containers include trailers but do not include motorized vehicles. [Comment: Staff drafted this new container marking requirement to replace language proposed by the Joint Haulers in Section 418-2.016(a)(2). Staff is amenable to a container marking requirement that is consistent with state regulations.] (8) The permittee must maintain, on a rolling basis, original records showing, for the immediately preceding 12 months, the type and weight of all solid waste collected, the location where each load of solid waste was collected, and the disposal site or other final destination of each load collected. Copies of these records must be submitted to the health officer upon request. (9) The permittee must submit quarterly reports to the health officer showing the type and weight of solid waste collected, the location where solid waste was collected, and the disposal site or other final destination of, and solid waste or recycling facility receipt number for, each load collected. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.018 Bond and Iinsurance Rrequirements. (a) A permittee must file with the county and maintain until permit expiration a performance bond or equivalent security of the type and in the amount set by the board by resolution. (b) A permittee must have and maintain until permit expiration liability insurance coverage with limits of no less than $1 million per claim and $1 million in the aggregate. [Comment: Previous language proposed by the Joint Haulers and presented to the Board, December 5, 2017 Conta Costa County Board of Supervisors Minutes 52 which would have required a permitee to provide evidence of insurance coverage and carry it in hauling vehicles, would have conflicted with the Joint Haulers’ more recent suggestion to require that information to be provided at the time of application, as well as with staff’s recommendation that proof of insurance be provided before a permit is issued but not at the time of application. The revision above would impose a requirement for a permittee to be covered by liability insurance for the entire term of a permit. Other proposed revisions will require evidence of that coverage to be provided prior to permit issuance and carried in hauling vehicles.] (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.020 Permit expiration and renewal. (a) A permit issued under this chapter remains valid until the permit expires or is revoked under Section 418-2.022. (b) A permit expires on the last day of December unless it is renewed prior to expiration. A permittee may apply for renewal of the permit by submitting an application that conforms to the requirements set forth in Section 418-2.010 and payment of a permit fee established by the board by resolution. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.022 Revocation. (a) Grounds. A permit issued under Section 418-2.014 may be revoked by the health officer in accordance with the procedure set forth in this section if the health officer determines that: (1) The permittee has failed to comply with a term or condition of operation under the permit following written notice and a reasonable opportunity to cure the violation; [Comment: The Joint Haulers added the language above after it had already been deleted by staff. It is not known why the Joint Haulers reinserted it. Staff has determined this requirement to be unnecessary.] (2) If tThe permittee’s conduct under the permit constitutes a nuisance; or (3) During the permit period, the permittee collected and transported solid waste in territory where another person had a concurrent [Comment: The Joint Haulers’ 10/16/17 proposed revisions deleted the word “concurrent.” Staff has reinserted the word because it is necessary in this context. The exclusive right or privilege must exist at the same time as the collection and transport of solid waste in the described territory in order to create cause for revocation.] exclusive right or privilege under a valid franchise agreement to collect and transport that solid waste. In evaluating the evidentiary basis for a revocation under this subsection, the health officer and, in the event of a hearing, the fact-finder, will do both of the following: (A) Determine the nature and extent of exclusive rights and privileges under a franchise agreement based on the terms of the agreement, the franchisor’s written interpretation of the agreement, if submitted, and any other relevant evidence; and (B) Give great weight to the franchisor’s written interpretation of its franchise agreement and/or evidence of a franchisor’s written interpretation of its franchise agreement and/or a final written administrative or judicial determination in which the permittee was found to have collected and transported solid waste in territory where another person had an exclusive right or privilege under a valid franchise agreement to collect and transport that solid waste. performed the act upon which the revocation is based. [Comment: Subsections (3)(A)-(B) were drafted in response to the Board’s direction, after the Joint Haulers expressed the desire that a permittee’s wrongful conduct December 5, 2017 Conta Costa County Board of Supervisors Minutes 53 under a permit not be “relitigated” if it had already been the subject of other official action. Evidence needed to support a revocation under Subsection (3) will include evidence of the franchise agreement’s terms and evidence of the permittee’s conduct. Subsection (3)(A) was drafted to specifically focus on the franchise agreement’s terms. Subsection (B) addresses the permitee’s conduct. The Joint Haulers’ proposed changes to subsection (3)(B) are misplaced and confusing.] (b) Notice. The health officer will provide written notice of intent to revoke a permit to the permittee at the address provided on the permittee’s application. The notice will state all applicable grounds for the revocation and the permittee’s right to a hearing under this section. (c) Hearing. Within 15 days after the date of the notice of intent to revoke, the permittee may request a hearing before the director of environmental health by completing and submitting a written hearing request form and paying a fee established by the board by resolution. The hearing will be held no sooner than 20 days and no later than 45 days following the date of the written request for hearing. (d) Effective date. If no hearing is timely requested, the revocation is effective 15 days after the date of the notice of intent to revoke. If a hearing is held, a revocation order issued by the health officer will be effective when the time to appeal under Chapter 14-4 expires, unless an appeal to the board is timely filed under Chapter 14-4. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.024 Prohibitions. (a) No person shall engage the service of a person for compensation to collect solid waste from any location in the unincorporated area and transport it over a public street or highway in the unincorporated area unless the person whose service is engaged has obtained and operates in compliance with a permit issued under this chapter or is exempt from the permit requirement under this chapter. (b) No person subject to the permit requirement in this chapter shall transport solid waste to any location other than: (1) A solid waste facility that is lawfully operated under all required state and local permits, registrations and enforcement agency notifications; or (2) A recycling facility that, as its principal function, receives wastes that have already been separated for recycling and are not intended for disposal, and is lawfully operated in accordance with all applicable laws and regulations. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) 418-2.026 Investigations. Whenever it is necessary to inspect a vehicle or other property to enforce the provisions of this chapter, or whenever the health officer has cause to believe that there exists on any property any violation of this chapter, the health officer may enter the property to inspect and gather evidence or perform the duties imposed on the health officer by this chapter. Entry may be made at any reasonable time upon advance notice to the owner or occupant of the property. If entry is refused, the health officer is authorized to proceed pursuant to Code of Civil Procedure section 1822.50 and following, as may be amended from time to time, and any and all other remedies provided by law to secure entry. (Ords. 2017-16 § 3, 91-26, 88-49, 82-42, 1443.) December 5, 2017 Conta Costa County Board of Supervisors Minutes 54 418-2.028 Construction. Nothing in this chapter shall be construed in a manner that conflicts with Vehicle Code section 21100, subdivision (b), as may be amended from time to time. (Ords. 2017-16 § 3, 91- 26, 88-49, 82-42, 1443.) SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published in the East Bay 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 the 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 and County Administrator By: ____________________________ Deputy Board Chair [seal] LW/ H:\Ordinances\Waste Hauler\Markup.Ord2017-16.11.14.17.docx December 5, 2017 Conta Costa County Board of Supervisors Minutes 55 December 5, 2017 Conta Costa County Board of Supervisors Minutes 56 December 5, 2017 Conta Costa County Board of Supervisors Minutes 57 December 5, 2017 Conta Costa County Board of Supervisors Minutes 58 December 5, 2017 Conta Costa County Board of Supervisors Minutes 59 December 5, 2017 Conta Costa County Board of Supervisors Minutes 60 December 5, 2017 Conta Costa County Board of Supervisors Minutes 61 December 5, 2017 Conta Costa County Board of Supervisors Minutes 62 December 5, 2017 Conta Costa County Board of Supervisors Minutes 63 December 5, 2017 Conta Costa County Board of Supervisors Minutes 64 December 5, 2017 Conta Costa County Board of Supervisors Minutes 65 December 5, 2017 Conta Costa County Board of Supervisors Minutes 66 December 5, 2017 Conta Costa County Board of Supervisors Minutes 67 December 5, 2017 Conta Costa County Board of Supervisors Minutes 68 RECOMMENDATION(S): 1. OPEN the public hearing and receive testimony on the Olympic Boulevard Five-Lot Major Subdivision Project. 2. CLOSE the public hearing. 3. FIND that the Mitigated Negative Declaration prepared for the Project adequately analyzes the Project’s impacts, that there is no substantial evidence that the Project with the proposed mitigation measures will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the County’s independent judgment and analysis. 4. ADOPT the Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan prepared for the Project. 5. ADOPT the attached Findings for the Project. 6. APPROVE the attached Conditions of Approval for the Project. 7. ADOPT Board Resolution No. 2017/425, approving the General Plan Amendment reclassifying land to Single-Family Residential — High Density (County File #GP15-0002) for the Project. 8. ADOPT Ordinance No. 2017-29, rezoning land to the Planned Unit Development (P-1) District, and adopt the associated variance (County File #RZ16-3231), for the Project. 9. APPROVE the Preliminary and Final Development Plan (County File #DP16-3018) for the Project. 10. ACKNOWLEDGE that the County Planning Commission approved the Vesting Tentative Map (County File #SD16-9432) for the Project, and approved the Tree Permit entitlement for the Project, and no appeal of these approvals was filed. 11. DIRECT the Department of Conservation and Development Director or his designee to file a Notice of Determination with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Cruz, (925) 674-7790 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 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:December 5, 2017 Contra Costa County Subject:General Plan Amendment, Rezoning, and Final Development Plan Olympic Boulevard Five-Lot Major Subdivision Project (District II) December 5, 2017 Conta Costa County Board of Supervisors Minutes 69 RECOMMENDATION(S): (CONT'D) 12. SPECIFY that the location and custodian of the record of proceedings is the Department of Conservation and Development, 30 Muir Road, Martinez, California. FISCAL IMPACT: The applicant has paid the necessary application deposit, and is obligated to pay supplemental fees to cover all additional costs associated with the application process. BACKGROUND: Project Summary This hearing is to consider the General Plan Amendment (County File #GP15-0002), Rezoning (County File #RZ16-3231), and Final Development Plan (County File #DP16-3018) elements of the proposed five-lot subdivision project. On October 25, 2017, the County Planning Commission heard the project and approved the proposed Major Subdivision (County File #SD16-9432) and Tree Permit application. The County Planning Commission provided recommendations of approval for County Files # GP15-0002, #RZ16-3231, and #DP16-3018 that require Board approval. Timeline: Board of Supervisors authorized the General Plan Amendment Study Request on December 8, 2015. Applications for a rezoning, subdivision, and development plan were filed with the Department of Conservation and Development for a proposal for a Rezoning, Subdivision, and Development Plan to allow a six-lot subdivision with two common parcels on March 28, 2016. The project was initially heard at the September 27, 2017, County Planning Commission hearing; however, it was continued to allow the applicant to revise the project to address the concerns indicated at the hearing. The revised project for a five-lot subdivision was approved at the October 25, 2017, County Planning Commission hearing and the Commission recommended approval for the other elements of the project. Original Proposal Considered by the County Planning Commission The applicant originally requested a General Plan Amendment to change the designation of the subject property from Single-Family Residential-Medium Density (SM) to Single-Family Residential-High Density (SH) and to rezone the subject property from Single-Family Residential (R-10) to a Planned Unit District (P-1). The request also included approval of a Vesting Tentative Map to subdivide an approximately 0.96-acre property into six single-family residential lots (ranging in area from 3,196 - 9,660 square feet), and two common parcels, Parcel A (6,348 square feet) for a private road and Parcel B (1,348 square feet) for six guest parking spaces, and a request to approve a Final Development Plan for the project. The original project proposal was to allow the construction of six, two-story residences (ranging in size from 1,677 – 2,419 square feet of living area). Three floor plans were proposed for the residential development, which included 4-5 bedrooms, 4 bathrooms, and two car garage. The guest parking area (Parcel B) was proposed between Lots 5 and 6, and would have provided six 8' x 17' parking spaces. The original proposal also included removal of 13 code-protected trees from the property, and work within the drip line of 18 trees. Other aspects of the original proposal have not changed. The existing residence is proposed to be demolished Two, 24-foot wide driveways would provide access to the property from Olympic Boulevard. The driveways connects in a horseshoe shape for the 20-foot wide private road (Parcel A), which will be parallel to Olympic Boulevard. There are no sidewalk improvements on the property and in order to comply with the County’s Subdivision Ordinance, installation of a sidewalk along the entire frontage would be required. The applicant has proposed a meandering sidewalk that extends beyond the existing street-right-of-way in order to preserve mature trees along the frontage of the property. Grading on-site involves movement of approximately 510 cubic yards of dirt. A variance is being sought to allow the rezoning of a 0.96-acre property to P-1 (where five acres is the minimum) and an exception to the creek structure setback requirements of the County Subdivision Ordinance are December 5, 2017 Conta Costa County Board of Supervisors Minutes 70 also included in the project. County Planning Commission Hearings The County Planning Commission heard the project at the September 27, 2017, meeting. The Commission opened the public hearing and received testimony from the applicant, property owners, and seven speakers. The seven speakers included six neighboring property owners and the attorney representing the neighbors. The concerns received related to the density of the project, impacts to the creek, impacts as a result of tree removal, and privacy. The Commission also provided comments at the hearing indicating that the project was too dense, did not include driveways that could accommodate parking, lacked compatibility with the neighborhood, and expressed concerns with the number of trees to be removed. The Commission recommended that the applicant return to the Commission with a revised project. On October 5, 2017, the applicant submitted a revised project a five lots, including a total of 12 guest parking spaces, removal of 11 trees, and work within the drip line of 20 trees. After receiving testimony and considering the revised project, the Commission approved the project at the October 25, 2017, meeting. No appeals were received for the subdivision approval of the project. Revised Project Components The revisions to the project as approved by the County Planning Commission on October 25, 2017, primarily include the reduction of single-family residential lots from six, to five, ranging in area from 4,727 - 9,660 square feet. The size of the interior lots (Lots 2, 3, and 4) increased as part of this revision. The two common parcels would remain, with Parcel A being approximately 6,348 square feet for the driveway and Parcel B increasing to 1,516 square feet to accommodate for seven guest parking spaces. Instead of three floor plans, four floor plans are proposed for the revised residential development. Below are the details for Plans One, Two, Three, and Four. Living Area (sq. ft.) Number of Bedrooms Number of Bathrooms Height Plan One 1,840 4 4 26' - 2" Plan Two 1,677 4 4 26' - 10" Plan Three 2,419 5 4 23' - 4" Plan Four 1,819 4 4 25' - 8" Revised Project Components The proposed residences would remain two stories and would have two car garages. The proposed residences would be traditional in design, with stucco siding and concrete tile roof. The guest parking area (Parcel B) would be between Lots 4 and 5 and would provide seven 8' x 17' parking spaces. Two additional 8' x 18' parking spaces will be located between Lots 3 and 4, and three additional 8' x 22' parking spaces would be located along Parcel A between the meandering sidewalk. Thus, a total of 12 guest parking spaces is proposed to provide parking on the subject property The project is not required to provide guest parking spaces; however, given the limitations and inability to accommodate street parking on Olympic Boulevard, the applicant has included guest parking for the project. The number of trees proposed for removal decreased to 11 code-protected trees, but the impact to trees increased to 20 trees. The horseshoe shape private road would remain as access to and from the property from Olympic Boulevard. Consistency with the General Plan and Zoning General Plan Consistency: The current General Plan land use designation for the subject property is December 5, 2017 Conta Costa County Board of Supervisors Minutes 71 Single-Family Residential-Medium Density (SM). The project involves an amendment to the General Plan designation from SM to Single-Family Residential-High Density (SH). Per the SH designation, a density range of 5.0 to 7.2 single-family units per net acre is allowed. The subject property is 0.96 acres (gross) and 0.79 acres (net). Based on the net acreage, a maximum of five units would be allowed, as the density of the proposed project would be 6.32 units per net acre . The proposed subdivision would be within the density allowed for the property. Furthermore, the project involves the development of the property with single-family residences, which is consistent with the uses allowed in SH. The subject property is located within the Urban Limit Line (ULL) and is consistent with the following policy: Policy 3-8: Infilling of already developed areas shall be encouraged. In accommodating new development, preference shall generally be given to vacant or under-used sites within urbanized area, which have the necessary utilities installed with available remaining capacity, before undeveloped suburban lands are utilized. Although an existing residence is located on the subject property, most of the property has remained undeveloped over the past decade. Due to the location of the property being immediately adjacent to a commercial cluster and a high-volume arterial such as Olympic Boulevard, a higher-density project would be appropriate for the subject property. The project is an infill project in an already-developed area sandwiched between commercial uses and residential uses. The project would be a good transition from commercial properties at the intersection to the less-dense single-family residential development located north and west of the property. The following Transportation Policies of the County’s Transportation Element also support the project. Policy 5-13: The use of pedestrian and bicycle facilities shall be encouraged. Property facilities shall be designed to accommodate bikes, pedestrians, and transit. Policy 5-24: Use of alternative forms of transportation, such as transit, bike, and pedestrian modes, shall be encouraged to provide basic accessibility to those without access to a personal automobile and help minimize automobile congestion and air pollution. According to Figure 5-3 of the Transportation and Circulation Element, the subject property is located within a Transit Network Plan and within Local Transit Service Area. The County plans to implement bicycle and pedestrian improvements along Olympic Boulevard, as identified in the Olympic Corridor Trail Connector Study, near the subject property. Frontage improvements to the subject property along Olympic Boulevard are required to conform to the standards identified in the study. Alternative modes of transportation are within close proximity to the property and are accessible for the development. As proposed, the project is consistent with the County’s General Plan, especially the goal to reduce greenhouse gas emissions by establishing housing within an area that provides multi-modal access. The project is also consistent with the following Housing Goal and Policy of the County’s Housing Element. Goal 6: Provide adequate sites through appropriate land use and zoning designations to accommodate the County’s share of regional housing needs. Policy 7.3 : Encourage P-1 zoning in areas with concentrations of applicants seeking variances. The subject property is located within the Saranap area of the County. This area is an established neighborhood. This lot is under-utilized and the subdivision is an infill project, which would be appropriate for the location. A similiar variance to rezone a property with less than the five acres required for residential uses in a P-1 Zoning District was approved in 2015 for a 1.12-acre property located south of the subject property off Tice Valley Boulevard (Westborough Condominium). The proposed project complies with the SH General Plan land use designation and applicable General Plan policies. Zoning Compliance: The subject property is located within the Single-Family Residential (R-10) Zoning District. The project involves a rezoning of the property from R-10 to a Planned Unit District (P-1). There are no minimum lot sizes, height, or setback requirements in the P-1 Zoning District. However, in approving a Planned Unit District, a development must sustain desirability and stability, and be in harmony with the character of the surrounding neighborhood. December 5, 2017 Conta Costa County Board of Supervisors Minutes 72 The proposed project is consistent with the neighborhood. The area consists of residential uses that includes one-story and two-story homes. Use of the property for residential buildings is a permitted use that also maintains consistency with the established area, which includes a variety of uses such as single-family residences, duplexes, retail businesses and commercial uses. The proposed project is located on a property that is a good transition from commercials properties at the intersection of Olympic Boulevard and Tice Valley Boulevard/Boulevard Way to a less-dense single-family residential development located to the north and west of the subject property. Furthermore, the project will provide additional housing to the area. Conclusion The project is consistent with applicable goals and policies of the General Plan, and also with the intent of the proposed P-1 district. Therefore, staff recommends the Board of Supervisors approve the General Plan Amendment, Rezoning, Final Development Plan and related actions, as recommended by the County Planning Commission. CONSEQUENCE OF NEGATIVE ACTION: In the event that the proposed project is not approved, the applicant will not obtain approval of the required General Plan Amendment, Rezoning, and Development Plan entitlements needed to allow the proposed Olympic Boulevard five-lot project. CHILDREN'S IMPACT STATEMENT: The project to allow the General Plan Amendment, Rezoning, and Development Plan entitlements for the subject property is consistent with the following outcome established in the Children’s Report Card: 5 - Communities are safe and provide a high quality of life for children and families. CLERK'S ADDENDUM Speakers: Atri Macherla, Applicant; Kaisa Lyon, resident of Walnut Creek. CLOSED the public hearing; FOUND that the Mitigated Negative Declaration prepared for the Project adequately analyzes the Project’s impacts, that there is no substantial evidence that the Project with the proposed mitigation measures will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the County’s independent judgment and analysis; ADOPTED the Mitigated Negative Declaration and Mitigation Monitoring Reporting Plan prepared for the Project; ADOPTED the Findings for the Project; APPROVED the Conditions of Approval for the Project, with COA No. 20 amended to change the box size of the trees to be planted from 48 inches to 24 inches and to increase the number of tress from 5 to 8; ADOPTED Resolution No. 2017/425, approving the General Plan Amendment reclassifying land to Single-Family Residential — High Density for the Project; ADOPTED Ordinance No. 2017-29, rezoning land to the Planned Unit Development (P-1) District, and adopt the associated variance for the Project; APPROVED the Preliminary and Final Development Plan (County File #DP16-3018) for the Project; ACKNOWLEDGED that the County Planning Commission approved the Vesting Tentative Map (County File #SD16-9432) for the Project, and approved the Tree Permit entitlement for the Project, and no appeal of these approvals was filed; DIRECTED the Department of Conservation and Development Director or his designee to file a Notice of Determination with the County Clerk;and SPECIFIED that the location and custodian of the record of proceedings is the Department of Conservation and Development, 30 Muir Road, Martinez, California. AGENDA ATTACHMENTS Resolution No. 2017/425 Findings and Conditions of Approval Ordinance No. 2017-29 County Planning Commission Staff Reports Maps Mitigated Negative Declaration Mitigation Monitoring Reporting Plan December 5, 2017 Conta Costa County Board of Supervisors Minutes 73 Mitigation Monitoring Reporting Plan MND Comments Agency Comments Revised Plans Presentation MINUTES ATTACHMENTS Signed Resolution No. 2017/425 Signed Ordinance 2017-29 Correspondence Received December 5, 2017 Conta Costa County Board of Supervisors Minutes 74 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT:Candace Andersen ABSTAIN: RECUSE: Resolution No. 2017/425 IN THE MATTER OF Approving a General Plan Amendment (County File GP #15-0002) for the Olympic Boulevard Five-Lot Major Subdivision Project WHEREAS, the Contra Costa County Board of Supervisors held a public hearing on December 5, 2017, to consider the Olympic Boulevard Five-Lot Major Subdivision Project, proposed for the unincorporated Walnut Creek area. The Project includes adoption of a mitigated negative declaration and mitigation monitoring reporting plan prepared for the Project, a General Plan Amendment (County File #GP15-0002), a rezoning ordinance and variance (County File #RZ16-3231), and a preliminary and final development plan (County File #DP16-3018). WHEREAS, the General Plan Amendment for the Project reclassifies land from Single-Family Residential – Medium Density (SM) to Single-Family Residential — High Density (SH). WHEREAS, a resolution is required under Government Code Section 65356 to amend a general plan. NOW, THEREFORE, the Contra Costa County Board of Supervisors resolves as follows: 1. The Board of Supervisors makes the following General Plan Amendment findings: a. The subject site is located inside the County’s Urban Limit Line (ULL), and therefore may be developed with “urban” or “non-urban” uses, as defined in the County General Plan. The proposed land use designation, Single-Family Residential High-Density (SH), is urban. Furthermore, the project does not involve extension of urban services beyond the ULL boundary. b. Adoption of the proposed General Plan Amendment (GPA) A will not conflict with the 65/35 Land Preservation Standard (the “65/35 Standard”), approved by County voters through adoption of Measure C-1990 and reaffirmed through adoption of Measure L-2006. Under the 65/35 Standard, no more than 35 percent of the land in the County may be developed with urban uses and at least 65 percent of the land must be preserved for non-urban uses such as agriculture, open space, parks, wetlands, etc. The existing land use designation for the subject site, Single-Family Residential Medium-Density (SM), is an urban land use designation. The site contains no non-urban land use designations. As the proposed SH land use designation is also an urban designation, there will be no change in the percentage of land devoted to urban and non-urban uses. c. The project complies with the objectives and requirements of Measure C-1988 and Measure J-2004, the Contra Costa Growth Management Program and related Contra Costa Transportation Authority (CCTA) resolutions. Adoption of the proposed GPA would increase the subject site’s maximum development potential from four single-family residential units to six single-family residential units. The two-unit increase is well below the Measure J threshold for studying the proposed GPA’s potential impacts on Routes of Regional Significance. d. The General Plan comprises an integrated, internally consistent, and compatible statement of policies for the County. The proposed GPA involves a slight increase in density at the subject site, but does not change the allowed uses or impact development in any other way. Adoption of the proposed GPA will not cause the General Plan to become internally inconsistent. e. Pursuant to Government Code Section 65358(a), the General Plan may be amended if such amendment is deemed to be 4 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 75 “in the public interest.” The 2005-2020 Contra Costa County General Plan contains policies related to providing an adequate supply of housing and encouraging infill development on under-utilized sites within urbanized areas where necessary utilities already are installed. It is in the public interest to adopt the proposed GPA because the project as a whole furthers these policies. f. The General Plan Amendment will provide additional housing for the unincorporated Walnut Creek area, and will be consistent with the overall goals and policies described in the General Plan. 2. The Board of Supervisors hereby ADOPTS the General Plan Amendment (County File GP#15-0002) to reclassify the Land Use Designation of the subject property from Single-Family Residential-Medium Density (SM) to Single-Family Residential-High Density (SH), and ADOPTS the General Plan Amendment, County File GP#15-0002, as the second General Plan amendment for calendar year 2017, as permitted by State Planning Law. Contact: Jennifer Cruz, (925) 674-7790 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: December 5, 2017 Conta Costa County Board of Supervisors Minutes 76 December 5, 2017 Conta Costa County Board of Supervisors Minutes 77 December 5, 2017 Conta Costa County Board of Supervisors Minutes 78 December 5, 2017 Conta Costa County Board of Supervisors Minutes 79 December 5, 2017 Conta Costa County Board of Supervisors Minutes 80 December 5, 2017 Conta Costa County Board of Supervisors Minutes 81 December 5, 2017 Conta Costa County Board of Supervisors Minutes 82 December 5, 2017 Conta Costa County Board of Supervisors Minutes 83 December 5, 2017 Conta Costa County Board of Supervisors Minutes 84 December 5, 2017 Conta Costa County Board of Supervisors Minutes 85 December 5, 2017 Conta Costa County Board of Supervisors Minutes 86 December 5, 2017 Conta Costa County Board of Supervisors Minutes 87 December 5, 2017 Conta Costa County Board of Supervisors Minutes 88 December 5, 2017 Conta 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County Board of Supervisors Minutes234 December 5, 2017Conta Costa County Board of Supervisors Minutes235 December 5, 2017Conta Costa County Board of Supervisors Minutes236 December 5, 2017Conta Costa County Board of Supervisors Minutes237 December 5, 2017Conta Costa County Board of Supervisors Minutes238 December 5, 2017Conta Costa County Board of Supervisors Minutes239 December 5, 2017Conta Costa County Board of Supervisors Minutes240 December 5, 2017Conta Costa County Board of Supervisors Minutes241 2424 OLYMPIC BOULEVARD, WALNUT CREEK2424 OLYMPIC BOULEVARD, WALNUT CREEK December 5, 2017 Conta Costa County Board of Supervisors Minutes 242 December 5, 2017 Conta Costa County Board of Supervisors Minutes 243 December 5, 2017 Conta Costa County Board of Supervisors Minutes 244 Aerial View of Subject PropertyAerial View of Subject Property December 5, 2017 Conta Costa County Board of Supervisors Minutes 245 December 5, 2017 Conta Costa County Board of Supervisors Minutes 246 Five-Lot Subdivision Residential Lots will range from 4,727 –9,660 square feet Parcel A will provide three parking spaces in between the meandering sidewalk Parcel B will provide seven parking spaces Two additional parking spaces will be provided between Lots 3 and 4 Residences on Lot 3 and 4 are oriented to face one another Lots 3 and 4 will have a reciprocal access easement Four floor plans are proposed – three 4-bedrooms/4 bathroom plan 11 trees will be removed and 20 trees will be impacted Lot Subdivision 9,660 square feet Parcel A will provide three parking spaces in between the meandering sidewalk Two additional parking spaces will be provided between Lots 3 and 4 Residences on Lot 3 and 4 are oriented to face one another Lots 3 and 4 will have a reciprocal access easement bedrooms/4-bathroom plans and one 5-bedrooms/4- 11 trees will be removed and 20 trees will be impacted December 5, 2017 Conta Costa County Board of Supervisors Minutes 247 Recommendations Board of Supervisors APPROVE the General Plan Amendment, Rezoning, and Development Plan elements of the project. Recommendations Board of Supervisors APPROVE the General Plan Amendment, Rezoning, and Development Plan elements of the project. December 5, 2017 Conta Costa County Board of Supervisors Minutes 248 December 5, 2017 Conta Costa County Board of Supervisors Minutes 249 December 5, 2017 Conta Costa County Board of Supervisors Minutes 250 December 5, 2017 Conta Costa County Board of Supervisors Minutes 251 December 5, 2017 Conta Costa County Board of Supervisors Minutes 252 December 5, 2017 Conta Costa County Board of Supervisors Minutes 253 December 5, 2017 Conta Costa County Board of Supervisors Minutes 254 December 5, 2017 Conta Costa County Board of Supervisors Minutes 255 December 5, 2017 Conta Costa County Board of Supervisors Minutes 256 December 5, 2017 Conta Costa County Board of Supervisors Minutes 257 December 5, 2017 Conta Costa County Board of Supervisors Minutes 258 December 5, 2017 Conta Costa County Board of Supervisors Minutes 259 December 5, 2017 Conta Costa County Board of Supervisors Minutes 260 RECOMMENDATION(S): DESIGNATE the Martinez Detention Facility as a mental health treatment facility pursuant the Penal Code section 1369.1 for the purpose of administering psychotropic medications to individuals in county custody who have been adjudged incompetent to stand trial due to a mental disorder, refuse to take psychotropic medications and are unable to provide informed consent. FISCAL IMPACT: This item will not create any additional financial burden. Costs for necessary medications for inmates at the Martinez Detention Facility are allocated annually in the Health Services - Detention budget (Dept. 0301). BACKGROUND: When the court finds a defendant incompetent to stand trial due to a mental disorder, the defendant cannot be tried or convicted. Accordingly, the court must suspend the trial or judgment until the defendant regains competence. The court must order a mental evaluation of the defendant, and must also order that the defendant be confined to an available public or private treatment facility that will promote the defendant's speedy restoration to competency, be placed on outpatient status or, if the defendant is charged with a felony, be confined to a state hospital for competency training. Additionally, the court must determine whether the defendant, with advice of counsel, consents to the administration of psychotropic medication. If the defendant does not consent, the court must conduct a APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Candace Andersen, District II 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Health Services Dept, Undersheriff, CAO-H&HS, CAO D.5 To:Board of Supervisors From:David O. Livingston & Dr. William Walker Date:December 5, 2017 Contra Costa County Subject:DESIGNATION OF MARTINEZ DETENTION FACILITY AS A MENTAL HEALTH TREATMENT FACILITY PURSUANT TO PENAL CODE 1369.1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 261 BACKGROUND: (CONT'D) hearing and, if appropriate, may authorize the treatment facility to involuntarily administer antipsychotic medication to the defendant when and as prescribed by the defendant's treating psychiatrist. The County provides competency training for defendants accused of a misdemeanor. The State is responsible for providing competency training to accused felons. These defendants must wait in the county jail until they are transferred to the state hospital or other available treatment program. Under the Penal Code, the court may order the Sheriff to deliver felony defendants found incompetent to stand trial to the state hospital. However, due to the state hospital’s bed shortage, defendants may remain in jail for an extended period of time. Most defendants voluntarily take their psychotropic medications but some refuse, and they have that right, despite the fact that their need for medication as well as the court order to administer medication were addressed as part of the court process. Individuals who have been restored to competence are returned to county jail to await trial. Upon their return to county jail, they can again refuse medication, leading to decompensation. This sometimes results in a return to their incompetence to stand trial, thus repeating the cycle. The California Penal Code was amended in 2007 (SB 568), adding section 1369.1, attached, to enable counties to designate county jails as treatment facilities for the purpose of administering antipsychotic medication to defendants that have been found incompetent to stand trial due to a mental disorder and are unable to provide informed consent to medication. Prior to the 2007 amendment, it was not clear that antipsychotic medication could be administered to these defendants involuntarily in the county jail, even pursuant to a court order, because the law specified that these individuals were to be committed for competency restoration to the state hospital or to any other available public or private treatment facility, or placed on outpatient status. Without the necessary medication, numerous defendants waiting to transfer out of the county jail were not making progress toward competency. The 2007 amendment clarified that upon the concurrence of the county board of supervisors, the county mental health director, and the county sheriff, a county jail may be designated as a treatment facility under the law for the sole purpose of administering antipsychotic medication, pursuant to a court order, to defendants adjudged incompetent to stand trial. The law limits treatment in these facilities to a maximum of six months. The Sheriff and the Director of the Health Services Department make this joint recommendation to the board of supervisors because it is a humanitarian, practical resolution to a dilemma that prevented individuals with serious mental disorders from receiving appropriate medication while in jail. Without medication, symptoms such as increased aggression, self-destructive acts, and severe behavioral outbursts can jeopardize the safety of the inmate-patient, the other inmates, and the detention facility staff. The Health Services Department and the Office of the Sheriff remain committed to transferring individuals to treatment facilities in a timely manner. These facilities, however, are crowded and have long waiting lists. The recommended action can help the county cope with the effect of delays beyond the county’s control. Board approval of the recommended action will ensure that psychotropic medications are administered, as necessary, to misdemeanor defendants and to felony defendants awaiting transfer to the state hospital. Should the Board concur with this recommendation, the Health Services Department and the Office of the Sheriff, in consultation with the County Counsel’s Office, will develop policies and procedures for the involuntary administration of psychotropic medication, pursuant to statute. CONSEQUENCE OF NEGATIVE ACTION: Should the Board decline to approve the recommendation, the status quo will be maintained. In-custody defendants adjudged incompetent to stand trial may continue to refuse court-ordered psychotropic medication, which can hinder speedy restoration to competency. ATTACHMENTS CA Penal Code section 1369.1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 262 State of California PENAL CODE Section 1369.1 1369.1. (a)  As used in this chapter, “treatment facility” includes a county jail. Upon the concurrence of the county board of supervisors, the county mental health director, and the county sheriff, the jail may be designated to provide medically approved medication to defendants found to be mentally incompetent and unable to provide informed consent due to a mental disorder, pursuant to this chapter. In the case of Madera, Napa, and Santa Clara Counties, the concurrence shall be with the board of supervisors, the county mental health director, and the county sheriff or the chief of corrections. The provisions of Sections 1370, 1370.01, and 1370.02 shall apply to antipsychotic medications provided in a county jail, provided, however, that the maximum period of time a defendant may be treated in a treatment facility pursuant to this section shall not exceed six months. (b)  This section does not abrogate or limit any law enacted to ensure the due process rights set forth in Sell v. United States (2003) 539 U.S. 166. (Amended by Stats. 2015, Ch. 26, Sec. 29. (SB 85) Effective June 24, 2015.) December 5, 2017Conta Costa County Board of Supervisors Minutes 263 RECOMMENDATION(S): Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2017/390 approving the Memorandum of Understanding (MOU) between Contra Costa County Fire Protection District and United Chief Officers Association (UCOA) implementing negotiated wage agreements and other economic terms and conditions of employment beginning July 1, 2017 through June 30, 2020. FISCAL IMPACT: The estimated cost of the negotiated contract, including wage increases and subvention reduction during the term of the contract is: $169,000 for 2017/18 (seven months); $513,000 for FY 2018/19; and $571,000 for FY 2019/20. The three year contract has an estimated total cost of $1.3 million with an additional annual cost of $20,000 beginning July 1, 2020, due to the final 1% decrease in subvention on the last day of the contract. BACKGROUND: United Chief Officers Association (UCOA) began bargaining with Contra Costa County Fire Protection District May 8, 2017. An agreement was reached and ratified on November 16, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Candace Andersen, District II 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: December 5, 2017 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, Jeff Carman, CCC Fire Chief D.6 To:Contra Costa County Fire Protection District Board of Directors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Memorandum of Understanding between CCC Fire Protection District and United Chief Officers Association (UCOA) December 5, 2017 Conta Costa County Board of Supervisors Minutes 264 BACKGROUND: (CONT'D) > The resulting Memorandum of Understanding (MOU), which is attached, includes modifications to the bargaining unit, wages, retirement, healthcare, and other benefit changes. In summary, those changes are as follows: Term (Section 35.4) The term of the agreement is July 1, 2017 – June 30, 2020. Association Recognition (Section 1.1) Eliminates “Fire Training Chief” from eligible classifications. Salaries (Section 5.1) Effective on December 1, 2017, the base rate of pay for all classifications will be increased by five percent (5.0%); and Effective on July 1, 2018, the base rate of pay for all classifications will be increased by four percent (4.0%). Performance Evaluation (Section 5.3.F.) The District will begin implementing performance evaluations. Health and Welfare, Life and Dental Care (Section 14) Updated language to incorporate the Voluntary Vision Plan side letter. Retirement (Section 21) Effective December 1, 2017, each member in Tier A shall pay seven percent (7%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit; Effective July 1, 2018, each member in Tier A shall pay four percent (4%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit; Effective July 1, 2019, each member in Tier A shall pay one percent (1%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit; and Effective June 30, 2020, the employee’s payment of one percent (1%) of his/her retirement base to pay part of the employer’s contribution for the cost of the Tier A benefit will cease. Commuter Benefit (Section 24) Added voluntary employee paid commuter benefit program. Educational Incentive Program (Section 26.4) Simplified the requirements to participate in the incentive programs, and Increase minimum educational requirements in job descriptions for new hires/promotions. Emergency Recall and Standby Differential (Section 26.8) Modified language to require emergency recall for all personnel; and Modified language to eliminate option for 2.5% differential payment. Re-ordered, re-numbered, and cleaned-up MOU sections as needed. CONSEQUENCE OF NEGATIVE ACTION: Employees will continue to work without a contract. AGENDA ATTACHMENTS Resolution No. 2017/390 UCOA MOU 7/1/17 through 6/30/20 MINUTES ATTACHMENTS Signed Resolution No. 2017/390 December 5, 2017 Conta Costa County Board of Supervisors Minutes 265 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT:Candace Andersen ABSTAIN: RECUSE: Resolution No. 2017/390 IN THE MATTER OF: The Memorandum of Understanding (MOU) between Contra Costa County Fire Protection District (District) and United Chief Officers Association (UCOA). The Contra Costa County Board of Supervisors acting solely in its capacity as ex-officio Governing Board of the Contra Costa County Fire Protection District RESOLVES THAT: The Memorandum of Understanding (MOU) between Contra Costa County Fire Protection District and United Chief Officers Association (UCOA) providing for wages, benefits and other terms and conditions of employment for the period of July 1, 2017 through June 30, 2020, for those classifications represented by the United Chief Officers Association is ADOPTED. A copy of the MOU is attached. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 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, Jeff Carman, CCC Fire Chief 4 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 266 December 5, 2017 Conta Costa County Board of Supervisors Minutes 267 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND UNITED CHIEF OFFICERS ASSOCIATION JULY 1, 2017 – JUNE 30, 2020 December 5, 2017 Conta Costa County Board of Supervisors Minutes 268 UNITED CHIEF OFFICERS ASSOCIATION TABLE OF CONTENTS SECTION 1 RECOGNITION 1.1 Association Recognition ............................................................... 4 1.2 Name ............................................................................................ 4 SECTION 2 ASSOCIATION SECURITY 2.1 Dues Deduction ............................................................................ 4 2.2 Association Dues Form ................................................................. 4 2.3 Maintenance of Membership ........................................................ 5 2.4 Withdrawal of Membership ........................................................... 5 2.5 Communicating With Employees .................................................. 5 2.6 Use of District Buildings ................................................................ 6 2.7 Advance Notice............................................................................. 6 2.8 List of Employees with Dues Deduction ....................................... 7 2.9 Assignment of Classes to Bargaining Units .................................. 7 2.10 Written Statement for New Employees ......................................... 7 SECTION 3 DISCRIMINATION PROHIBITED ................................................. 7 SECTION 4 OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings ................................................................ 8 4.2 Association Representatives ........................................................ 9 SECTION 5 SALARIES 5.1 Wages .......................................................................................... 9 5.2 Entrance Salary ............................................................................ 9 5.3 Anniversary Dates ........................................................................ 9 5.4 Increments Within Range ........................................................... 10 5.5 Part-Time Compensation ............................................................ 11 5.6 Compensation for Portion of Month ............................................ 11 5.7 Position Reclassification ............................................................. 11 5.8 Salary Reallocation and Salary on Reallocation ......................... 11 5.9 Salary on Promotion ................................................................... 12 5.10 Salary on Involuntary Demotion .................................................. 12 5.11 Salary on Voluntary Demotion .................................................... 13 5.12 Acting in a Higher Class ............................................................. 13 5.13 Payment ..................................................................................... 13 5.14 Pay Warrant Errors ..................................................................... 13 SECTION 6 ADDITIONAL HOURS 6.1 Overtime Compensation ............................................................. 14 6.2 Annual Administrative Leave ...................................................... 15 SECTION 7 ACTING BATTALION CHIEF ASSIGNMENTS .......................... 15 December 5, 2017 Conta Costa County Board of Supervisors Minutes 269 SECTION 8 ASSOCIATION NOTIFICATION ................................................. 15 SECTION 9 HOLIDAYS 9.1 Holidays Observed ..................................................................... 15 9.2 Forty (40) Hour Employees ......................................................... 16 9.3 Fifty-Six (56) Hour Employees .................................................... 16 9.4 General Terms ............................................................................ 16 9.5 Permanent Part-Time Employees ............................................... 16 SECTION 10 VACATION LEAVE 10.1 General Provisions ..................................................................... 16 10.2 Vacation Accrual Rates .............................................................. 17 10.3 Accrual During Leave Without Pay ............................................. 17 10.4 Pro-rated Accruals ...................................................................... 17 10.5 Vacation Buy Back...................................................................... 17 10.6 Vacation Allowance for Separated Employees ........................... 18 10.7 Vacation Leave on Reemployment from a Layoff List ................ 18 SECTION 11 SICK LEAVE 11.1 Purpose ...................................................................................... 18 11.2 Credit Accrued and Charges Against Sick Leave ....................... 18 11.3 Policies Governing the Use of Paid Sick Leave .......................... 19 11.4 Prohibited Uses of Paid Sick Leave ............................................ 22 11.5 Sick Leave Incentive Plan ........................................................... 22 SECTION 12 NUMBER OF SHIFT BATALLION CHIEFS OFF ON ELECTIVE LEAVE ....................................................... 23 SECTION 13 LEAVE OF ABSENCE 13.1 Leave Without Pay ..................................................................... 23 13.2 General Administration – Leaves of Absence ............................. 23 13.3 Military Leave .............................................................................. 24 13.4 Family Care Leave or Medical Leave ......................................... 25 13.5 Certification ................................................................................. 25 13.6 Intermittent Use of Leave ........................................................... 25 13.7 Aggregate Use for Spouses ........................................................ 25 13.8 Definitions ................................................................................... 25 13.9 Pregnancy Disability Leave......................................................... 27 13.10 Group Health Plan Coverage ...................................................... 27 13.11 Leave Without Pay-Use of Accruals ........................................... 27 13.12 Leave of Absence Replacement and Reinstatement .................. 28 13.13 Reinstatement From Family Care/ Medical Leave ...................... 28 13.14 Salary Review While on Leave of Absence ................................ 28 13.15 Unauthorized Absence ............................................................... 28 December 5, 2017 Conta Costa County Board of Supervisors Minutes 270 SECTION 14 HEALTH AND WELFARE, LIFE AND DENTAL CARE 14.1 Health Plan ................................................................................. 28 14.2 Contra Costa Health Plan (CCHP) ............................................. 29 14.3 CalPERS Health Plan Monthly Premium Subsidy ...................... 29 14.4 Dental Plan ................................................................................. 30 14.5 District Dental Plan Premium Subsidy On and After 1/1/4 .......... 30 14.6 Rate Information ......................................................................... 32 14.7 Life Insurance Benefit Under Health and Dental Plans .............. 32 14.8 Life Insurance Contribution ......................................................... 32 14.9 Premium Payments .................................................................... 32 14.10 Extended Coverage .................................................................... 32 14.11 Retirement Coverage .................................................................. 33 14.12 Dual Coverage ............................................................................ 33 14.13 Management Life Insurance ....................................................... 34 14.14 PERS Long Term Care ............................................................... 34 14.15 Health Care Spending Account .................................................. 34 14.16 Long-Term Disability Insurance .................................................. 34 14.17 Dependent Care Assistance Program ........................................ 35 14.18 Voluntary Vision Plan .................................................................. 35 14.19 Prevailing Section ....................................................................... 35 SECTION 15 PROBATIONARY PERIOD 15.1 Duration ...................................................................................... 35 15.2 Classes with Changed Probationary Periods .............................. 35 15.3 Probationary Period Time ........................................................... 35 15.4 Rejection During Probation ......................................................... 36 15.5 Regular Appointment .................................................................. 36 15.6 Layoff During Probation .............................................................. 37 15.7 Rejection During Probation of Layoff Employee ......................... 37 SECTION 16 PROMOTION 16.1 Promotion ................................................................................... 37 16.2 Promotion Policy ......................................................................... 37 16.3 Promotion Via Reclassification Without Examination ................. 37 16.4 Requirements for Promotional Standing ..................................... 38 16.5 Seniority Credits ......................................................................... 38 16.6 Physical Examination as Part of Promotional Examination ........ 39 SECTION 17 RESIGNATIONS 17.1 Resignation in Good Standing .................................................... 39 17.2 Constructive Resignation ............................................................ 39 17.3 Effective Resignation .................................................................. 39 17.4 Revocation .................................................................................. 39 17.5 Coerced Resignations ................................................................ 39 December 5, 2017 Conta Costa County Board of Supervisors Minutes 271 SECTION 18 DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY 18.1 Cause for Dismissal, Suspension, Demotion and Reduction in Salary .............................................................. 40 18.2 Skelly Requirements ................................................................... 41 18.3 Leave Pending Employee Response .......................................... 42 18.4 Suspensions Without Pay ........................................................... 42 18.5 Procedure on Dismissal, Suspension or Disciplinary Demotion . 42 SECTION 19 MANAGEMENT COMPLAINT PROCEDURE 19.1 Management Complaint Procedure ............................................ 43 19.2 Scope of Adjustment Board and Arbitration Decisions ............... 44 19.3 Clarification on Time Limits of the Complaint Procedure ............ 45 19.4 Representation Outside of Association ....................................... 45 19.5 Compensation Complaints.......................................................... 45 19.6 No Strike ..................................................................................... 46 19.7 Merit Board ................................................................................. 46 19.8 Complaint Filing .......................................................................... 46 19.9 Letter of Reprimand .................................................................... 43 SECTION 20 EMPLOYEE REPRESENTATION RIGHTS ............................... 46 SECTION 21 RETIREMENT CONTRIBUTION 21.1 Payment of Employee Contributions .......................................... 46 21.2 Safety Employees Retirement .................................................... 47 SECTION 22 SAFETY ...................................................................................... 48 SECTION 23 MILEAGE ................................................................................... 48 SECTION 24 UNIFORM ALLOWANCE ........................................................... 49 SECTION 25 CERTIFICATION REQUIREMENTS 25.1 Required Certifications ............................................................... 49 25.2 General Terms ............................................................................ 39 SECTION 26 OTHER TERMS OF EMPLOYMENT 26.1 Longevity Pay ............................................................................. 49 26.2 Deferred Compensation Incentive .............................................. 50 26.3 Training ....................................................................................... 50 26.4 Educational Incentive Program ................................................... 50 26.5 Management Development Policy .............................................. 52 26.6 Professional Development Reimbursement ............................... 52 26.7 Bilingual Pay Differential ............................................................. 52 26.8 Emergency Recall and Standby Differential ............................... 52 SECTION 27 SPECIAL ASSIGNMENT PRE-APPROVAL .............................. 53 December 5, 2017 Conta Costa County Board of Supervisors Minutes 272 SECTION 28 DAYS AND HOURS OF WORK 28.1 Definitions ................................................................................... 53 28.2 Designated Workweek and Work Schedules ............................. 53 28.3 Battalion Reassignments ............................................................ 54 28.4 Schedule Reassignments ........................................................... 54 28.5 Designation of Assignments ....................................................... 55 28.6 Time Reporting and Pay Practices Waiver ................................. 55 SECTION 29 MAXIMUM CONTINUOUS WORK HOURS ............................... 55 SECTION 30 BATTALION CHIEF OPENINGS ................................................ 55 SECTION 31 SERVICE AWARDS ................................................................... 55 SECTION 32 DEFINITIONS FOR SERVICE AWARDS AND VACATION ACCRUALS .................................................... 56 SECTION 33 UNFAIR LABOR PRACTICE...................................................... 56 SECTION 34 ADOPTION ................................................................................. 56 SECTION 35 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 35.1 Scope of Agreement ................................................................... 56 35.2 Separability of Provisions ........................................................... 57 35.3 Personnel Management Regulations .......................................... 57 35.4 Duration of Agreement ............................................................... 57 December 5, 2017 Conta Costa County Board of Supervisors Minutes 273 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND UNITED CHIEF OFFICERS ASSOCIATION This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the Contra Costa County Fire Protection District as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the Fire Management Unit and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on matters relating to the employment conditions and employer-employee relations covering such employees. For the purposes of this Memorandum of Understanding, Fire Protection District UCOA Personnel Bulletins on the subject of Time Off to Vote (4), Sick Leave (2), Smoking (24), Violence in the Workplace (23), Address & Telephone Numbers (33), Political Activities (32), Sexual Harassment (31), Driver’s License (35), and Facilities, Vehicles & Equipment (34) are incorporated by reference to this Memorandum of Understanding and are made a part hereof as if fully set forth herein. This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the Contra Costa County Fire Protection District as the joint recommendation of the undersigned for terms and conditions of employment for the term set forth herein. In the event provisions of this Memorandum of Understanding contradict any resolution, administrative bulletin or personnel rules of the County or District, the terms of this Memorandum of Understanding shall prevail. December 5, 2017 Conta Costa County Board of Supervisors Minutes 274 DEFINITIONS A. Appointing Authority: Fire Chief unless otherwise provided by statute or ordinance. B. Association: The United Chief Officers Association of the Contra Costa County Fire Protection District (UCOA). C. Board: Board of Supervisors in its various capacities. D. Class: a group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. E. Class Title: the designation given to a class, to each position allocated to the class, and to the employees allocated to the class. F. County: Contra Costa County. G. Demotion: the change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding or in the Personnel Management Regulations. H. District: Contra Costa County Fire Protection District. I. Director of Human Resources: the person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. J. Eligible: any person whose name is on an employment or reemployment or layoff list for a given class. K. Employee: a person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending the employee's return. L. Employment List: a list of persons, who have been found qualified for employment in a specific class. M. Layoff List: means a list of persons who have occupied positions allo- cated to a class in the Merit System and who have been involuntarily separated by layoff or displacement; or demoted by displacement; or have voluntarily demoted in lieu of layoff or displacement; or have transferred in lieu of layoff or displacement. December 5, 2017 Conta Costa County Board of Supervisors Minutes 275 N. Merit System: the Contra Costa County Merit System. O. Permanent-Intermittent Position: any position which requires the services of an incumbent for an indefinite period but on an irregularly scheduled, less than full-time basis. P. Permanent Part-Time Position: any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled, less than full-time basis. Q. Personnel: the same as employee. R. Permanent Position: any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. S. Project Employee: an employee who is engaged in a time-limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from District revenues. T. Promotion: the change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding or in the Personnel Management Regulations. U. Position: the assigned duties and responsibilities calling for the regular full-time, part-time or intermittent employment of a person. V. Reallocation: the act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations or other ordinances. W. Reclassification: the act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. X. Reemployment List: a list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Y. Resignation: the voluntary termination of permanent employment with the District. December 5, 2017 Conta Costa County Board of Supervisors Minutes 276 Z. Transfer: the change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five (5) percent at top step as the class previously occupied by the employee. SECTION 1 – RECOGNITION 1.1 Association Recognition. The Association is the formally recognized employee organization for the Fire Management Unit and such organization has been certified as such pursuant to Chapter 34-12 of Board of Supervisors’ Resolution 81/1165 by Board Order dated December 1, 1998. Represented classes in this unit are: Battalion Chief (RPHA, RPHE), and Chief, Fire Emergency Medical Services (RPHD) 1.2 Name. The United Chief Officers Association of the Contra Costa County Fire Protection District shall at times be referred to herein as “Association”. SECTION 2 - ASSOCIATION SECURITY 2.1 Dues Deduction. Pursuant to Resolution 81/1165 Chapter 34-26 only a majority representative may have dues deduction and as such the Association has the exclusive privilege of dues deduction for all members in its unit. Dues deduction shall be based on the voluntary written authorization of the employee which shall remain in effect so long as the employee remains in a unit represented by the Association unless such authorization is canceled in writing by the employee in accordance with the provisions set forth in Section 2.4 – Withdrawal of Membership. The dues deduction shall be for a specified amount and uniform between members of the Association. The Association shall indemnify, defend, and hold the District harmless against any claims made and against any suit instituted against the District on account of dues deduction. The Association shall refund to the District any amounts paid to it in error upon the presentation of supporting evidence. 2.2 Association Dues Form. Employees hired in classifications assigned to the unit represented by the Association shall, as a condition of employment at the time of employment, complete an Association dues authorization card provided by the Association and shall have deducted from their paychecks the membership dues of the Association. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Association. Such decision not to become a member of the Association must be made in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit December 5, 2017 Conta Costa County Board of Supervisors Minutes 277 within said thirty (30) day period. If the employee decides not to become a member of the Association, any Association dues previously deducted from the employee's paycheck during that thirty (30) day period shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Association. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, the employee shall be deemed to have voluntarily agreed to pay the dues of the Association. Each such dues authorization form referenced above shall include a statement that the Association and the District have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Association dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon written completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of the employee's right to revoke said authorization. 2.3 Maintenance of Membership. All employees in the unit represented by the Association who are currently paying dues to the Association and all employees in such units who hereafter become members of the Association shall, as a condition of continued employment, pay dues to the Association for the duration of this Memorandum of Understanding and each year thereafter so long as the Association continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between May 1 to May 31 of any year, any employee may withdraw from Association membership and discontinue paying dues as of the payroll period commencing June 1st, and reflected in the July 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period, the Auditor-Controller shall submit to the Association a list of the employees who have rescinded their authorization for dues deduction. 2.5 Communicating With Employees. The Association shall be allowed to use designated portions of bulletin boards or display areas in public portions of District buildings or in public portions of offices in which there are employees represented by the Association, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the Association appropriately posts and removes the information. The Fire Chief reserves the right to remove objectionable materials. Representatives of the Association, not on District time, shall be permitted to place a supply of employee literature at specific locations in District buildings if arranged through the Employee Relations Officer; said representatives may distribute employee organization literature in areas designated by the Fire Chief if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. December 5, 2017 Conta Costa County Board of Supervisors Minutes 278 The Association shall be allowed access to work locations in which it represents employees for the following purposes: A. to post literature on bulletin boards; B. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; D. to represent an employee on a grievance, and/or to contact an Association officer on a matter within the scope or representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the Fire Chief or designee(s) and the visit will not interfere with the District services. 2.6 Use of District Buildings. The Association shall be allowed the use of areas normally used for meeting purposes for meetings of District employees during non-work hours when: A. such space is available and its use by the Association is scheduled twenty-four (24) hours in advance; B. there is no additional cost to the District; C. it does not interfere with normal District operations; D. employees in attendance are not on duty and are not scheduled for duty; E. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Association shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of District equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, and whiteboards) is strictly prohibited, even though it may be present in the meeting area. 2.7 Advance Notice. The Association shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. December 5, 2017 Conta Costa County Board of Supervisors Minutes 279 In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting it shall give notice and opportunity to meet as soon as practical after its action. 2.8 List of Employees with Dues Deduction. The District shall provide the Association with a monthly list of employees who are paying dues to the Association and a monthly list of employees who are paying health and welfare deductions to the Association. 2.9 Assignment of Classes to Bargaining Units. The Labor Relations Manager shall assign new classes in accordance with the following procedure: a. Initial Determination: When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of the determination. b. Final Determination: The Labor Relations Manager’s determination is final unless within ten (10) days after notification a recognized employee orga- nization requests in writing to meet and confer thereon. c. Meet and Confer and other Steps: The Labor Relations Manager shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in subsection (b), unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in Subsections (d) through (i) of Section 34-12.008 of Resolution 81/1165. 2.10 Written Statement for New Employees. The District will provide a writ- ten statement to each new employee hired into a classification in any of the bargaining units represented by the Association, that the employee's classification is represented by the Association and the name of a representative of the Association. The County will provide the employee with a packet of information, which has been supplied by the Association and approved by the County. SECTION 3 – DISCRIMINATION PROHIBITED There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any December 5, 2017 Conta Costa County Board of Supervisors Minutes 280 disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for that position or from carrying out the duties of the position safely. The District and the Association recognize that the District has an obligation in accordance with the Americans with Disabilities Act (ADA) to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the District contemplates actions to provide reasonable accommodation to an individual employee to comply with the ADA which are in conflict with any provision of this MOU, the Association will be advised of such proposed accommodation. Upon request, the District will meet and confer with the Association on the impact of such accommodation. If the District and the Association do not reach agreement, the District may implement the accommodation without further negotiations. Nothing in this MOU shall preclude the District from taking actions necessary to comply with the requirements of the ADA or of any other State or Federal law governing discrimination, wages or hours. Subject to this provision, the Association may file a management complaint regarding any action by the District under this Section alleged by the Association and the employee(s) as a violation of the MOU. SECTION 4 - OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as official representatives of the Association shall be allowed to attend meetings held by County/District agencies during regular working hours on District time as follows: A. if their attendance is required by the District or County at a specific meeting; B. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meeting required for settlement of complaints filed pursuant to Section 19 - Management Complaint Procedure, of this Memorandum; D. if they are designated as an official representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a complaint; E. if they are designated as spokesperson or representative of the Association and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the Fire Chief and the District or December 5, 2017 Conta Costa County Board of Supervisors Minutes 281 County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required; F. if their attendance does not conflict with Fire District emergency operations. 4.2 Association Representatives. Official representatives of the United Chief Officers Association shall be allowed time off on District time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, and that advance arrangements for the time away from the work station or assignment are made with the Fire Chief and their attendance does not conflict with Fire District emergency operations. SECTION 5 - SALARIES 5.1 Wages. The wages for all classifications will be as shown in Attachment A – Class and Salary Listing. A. Effective December 1, 2017, the base rate of pay for all classifications represented by the Association will be increased by five percent (5%). B. Effective on July 1, 2018, the base rate of pay for all classifications represented by the Association will be increased by four percent (4%). 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Anniversary Dates. Anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee suc- cessfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.3.A above. C. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary December 5, 2017 Conta Costa County Board of Supervisors Minutes 282 range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. D. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. E. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1) year after the first calendar day of that month. F. Performance Evaluation. A performance evaluation is required annually on or about an employee’s anniversary date. 5.4 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.3 – Anniversary Dates to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within-range increment be granted at one time. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review, the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the District. If the District verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. December 5, 2017 Conta Costa County Board of Supervisors Minutes 283 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full-time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the District. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation, authorized sick leave, or other authorized paid leave shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to a maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 Salary on Promotion. 5.8 Salary Reallocation and Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocated to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.8.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay December 5, 2017 Conta Costa County Board of Supervisors Minutes 284 received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.12 – Acting in a Higher Class, shall receive the salary in the new salary range which is next higher than the rate received before the promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in that class unless such step results in a decrease in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee’s current step, whichever is higher. 5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12 – Acting in a Higher Class, shall have their salary reduced to the monthly salary step in the range for the class of position to which the employee has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary of the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which the employee December 5, 2017 Conta Costa County Board of Supervisors Minutes 285 would have achieved had the employee been continuously in the position to which the employee had been demoted, all within-range increments having been granted. 5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which the employee demotes, the employee's salary shall remain the same if the steps in the employee's new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.12 Acting in a Higher Class. When an employee is required to work in a higher paid classification, the employee shall receive the higher compensation for such work, pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in the employee’s regular position. The higher pay entitlement shall begin on the employee’s forty-first (41st) consecutive hour in the assignment, for forty (40) hour employees and the fifty- seventh (57th) consecutive hour in the assignment, for fifty-six (56) hour employees. 5.13 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due to the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw a warrant upon the Treasury in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less at the option of the employee, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.13 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.14 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and December 5, 2017 Conta Costa County Board of Supervisors Minutes 286 holidays from the time the Department is made aware of and verifies that the pay warrant is in error. If the pay warrant error has occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the employee who is receiving the pay, the error will be corrected as soon as possible from the time the department is made aware that pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than three times (3) the length of time the overpayment occurred. SECTION 6 – ADDITIONAL HOURS 6.1 Overtime Compensation. Effective upon ratification, overtime will be paid at the rate of one and one-half (1 ½) times the Battalion Chief (RPHA) base rate of pay (not including shift and other special differentials). Overtime shall only be paid in the following situations: A. When a Battalion Chief (RPHA, RPHE) replaces an absent Shift Battalion Chief, provided there is a shift vacancy in a Battalion Chief position and overtime recall is required to maintain staffing levels; B. When a represented member is assigned during any of the following circumstances: a. Any incident lasting more than 24 hours within the Operational Area. b. Mutual aid responses outside of the Operational Area where the California Fire Assistance Agreement or other reimbursement mechanism normally applies. i. Trainee assignments that are self-initiated and not reimbursable to the District shall not be compensated. C. At the Fire Chief’s discretion for anticipated weather events, high fire danger, increased overhead support for planned events, district operations center staffing, or special project work. December 5, 2017 Conta Costa County Board of Supervisors Minutes 287 The decision to provide or not provide overtime compensation is fully vested in the Fire Chief, whose decision shall be final and not subject to Section 19 – Management Complaint Procedure or other procedures for appeal, either within the County or externally. 6.2 Annual Administrative Leave. Each January 1, employees on a forty (40) hour schedule and fifty-six (56) hour shift employees shall be credited with fifty-five (55) and seventy-seven (77) hours, respectively, of paid administrative leave. This leave time is non-accruable and all balances will be zeroed-out effective December 31, each year. Permanent part-time employees and employees hired after January 1 shall have such leave prorated based upon position hours. This administrative leave is provided in recognition of those situations outside Section 6.1 above when Chief Officers are expected to work additional hours without receiving overtime pay, such as when responding to emergencies, attending various meetings and working on programs. SECTION 7 – ACTING BATTALION CHIEF ASSIGNMENTS Notwithstanding Section 6.1 – Overtime Compensation, except as otherwise provided in this MOU, the Fire Chief retains the right to make Acting Battalion Chief assignments at his sole discretion. Acting Battalion Chief assignments shall not be made as alternatives to Merit System Promotions. SECTION 8 – ASSOCIATION NOTIFICATION When it appears to the Fire Chief and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees represented by the Association, the Labor Relations Manager shall notify the Association of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. The District agrees to give employees fourteen (14) calendar days notice of layoff except in case of emergency. SECTION 9 - HOLIDAYS 9.1 Holidays Observed. The District will observe the following holidays: January 1st, known as New Years Day Third Monday in January, known as Dr. Martin Luther King Jr. Day Third Monday in February, known as Presidents’ Day December 5, 2017 Conta Costa County Board of Supervisors Minutes 288 The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veteran's Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may, by resolution, designate as holidays. 9.2 Forty (40) Hour Employees. In observance of holidays, forty (40) hour employees: 1. Observe the ten (10) holidays listed in Section 9.1 above; and 2. Accrue two (2) hours of personal holiday credit per month, up to a maximum accrual of forty (40) hours. If any holiday listed in Section 9.1 above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed above falls on a Sunday, it shall be celebrated on the following Monday. 9.3 Fifty-Six (56) Hour Employees. In observance of holidays, fifty-six (56) hour employees accrue four (4) hours of personal holiday credit per month, up to a maximum accrual of eighty (80) hours. 9.4 General Terms. Personal holiday time may be taken in increments of one (1) minute. On separation from District service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. When moving between 40 and 56 hour schedules, accrual rates and balances will be converted. 9.5 Permanent Part-Time Employees. Permanent part-time employees shall receive personal holiday credit on a prorated basis and up to a maximum accrual of forty (40) hours. SECTION 10 - VACATION LEAVE 10.1 General Provisions. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour, calculated on the same basis as for partial month compensation. Vacation credits may be taken in one (1) minute increments and may not be rounded. Vacation credits may not be taken during the first six (6) months of employment – except where sick leave has been December 5, 2017 Conta Costa County Board of Supervisors Minutes 289 exhausted; and none shall be allowed in excess of actual accrual at the time the vacation is taken. 10.2 Vacation Accrual Rates. The rates at which employees accrue vacation credits and the maximum accumulations thereof are as follows: 40 Hour Employees Monthly Maximum Accrual Cumulative Length of Service Completed Hours Hours Under 11 years 10 240 11 years 10 2/3 256 12 years 11 1/3 272 13 years 12 288 14 years 12 2/3 304 15 through 19 years 13 1/3 320 20 through 24 years 16 2/3 400 25 through 29 years 20 480 30 years and up 23 1/3 560 56 Hour Shift Employees Monthly Maximum Accrual Cumulative Length of Service Completed Hours Hours Under 11 years 14 336 11 years 16 384 13 years 17 408 14 years 18 432 15 through 19 years 19 456 20 through 24 years 24 576 25 through 29 years 28 672 30 years and up 33 792 10.3 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 10.4 Pro-rated Accruals. Employees in permanent part-time and permanent- intermittent positions shall accrue vacation benefits on a prorated basis. 10.5 Vacation Buy Back. A. Employees may choose reimbursement for up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once in each calendar year; December 5, 2017 Conta Costa County Board of Supervisors Minutes 290 (2) payment shall be based on an hourly rate determined by dividing the employee’s monthly salary by 173.3333 (242.6666 for employees working a 56 hour schedule); (3) the maximum number of hours that may be reimbursed in any year is one-third (1/3) of the annual accrual. B. In those instances where a lump-sum payment has been made to employees in lieu of a retroactive general salary adjustment for a portion of the calendar year, which is subsequent to exercise by an employee of the buy-back provision herein, that employee’s vacation buy-back shall be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed – provided that the period covered by the lump-sum payment was inclusive of the effective date of the vacation buy-back. C. Employees promoted or hired by the County into any classification represented by UCOA on and after April 1, 2012, are not eligible for the Vacation Buy-Back benefit. However, any employee who was eligible for a Vacation Buy-Back benefit before promoting into a classification represented by UCOA will retain that benefit after promoting into a classification represented by UCOA. 10.6 Vacation Allowance for Separated Employees. On separation from District service, an employee shall be paid for any unused vacation credits at the employee’s then current pay rate. 10.7 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. SECTION 11 – SICK LEAVE 11.1 Purpose. The primary purpose of paid sick leave is to insure employees against loss of pay for temporary absences from work due to illness or injury. Sick leave is a benefit for use in situations within the scope of sick leave policies and may not be used for vacation or personal activities. 11.2 Credit Accrued and Charges Against Sick Leave. Sick leave credits accrue at the following rates: 1. Shift Personnel Accruals (56-hour week). Sick leave shall be accrued at the rate of twelve (12) hours for each completed month of service. December 5, 2017 Conta Costa County Board of Supervisors Minutes 291 2. Day Personnel Accruals (40 hour week). Sick leave shall be accrued at the rate of eight (8) hours for each completed month of service. 3. General Terms a. Unused sick leave credits accumulate without limit. b. Credits to and charges against sick leave shall be made in minimum amounts of one (1) minute increments and may not be rounded. c. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if employee is re- employed in a permanent position within the period of the individual’s layoff eligibility. d. As of the date of retirement, an employee’s accumulated sick leave is converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit according to the policies and regulations of the Retirement Office. 11.3 Policies Governing the Use of Paid Sick Leave. A. Definition of Immediate Family. For the purposes of Section 11, immediate family shall be restricted to the spouse, domestic partner, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, stepbrother, stepsister, foster children, aunt, uncle, or cousin of an employee and/or any other person for whom the employee is the legal guardian or conservator or any person who is claimed as “dependent” for IRS purposes by the employee. B. Accumulated paid sick leave credits may be used by an employee in pay status in the following instances: 1. Temporary Illness or Injury of an Employee. An employee may use paid sick leave credits when off work because of a temporary illness or injury. If an employee does not apply for sick leave and the appointing authority believes that the employee is not able to properly perform regularly assigned work or that the general health of the employee is impaired due to disability, the employee may be required to undergo a physical examination by a physician selected by the Fire December 5, 2017 Conta Costa County Board of Supervisors Minutes 292 Chief or the Chief’s designated representative, the cost of such examination to be borne by the District. Based upon the medical report, a mandatory sick leave may be imposed upon the employee for the duration of the temporary disability. 2. Permanent Disability Sick Leave. Permanent disability means an employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any District occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: a. An application for retirement for disability has been filed with the Retirement Board. b. Satisfactory medical evidence of such disability is received by the appointing authority within 30 days of the start of use of sick leave for permanent disability. c. The appointing authority may review medical evidence and order further examinations as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or when the above conditions have not been met. 3. Communicable Disease. An employee may use paid sick leave credits when under a physician’s order to remain secluded due to exposure to a communicable disease. 4. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below. a. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee’s attending physician. The statement must address itself to the employee’s general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. The District retains the right to a medical review of all requests for such leave. December 5, 2017 Conta Costa County Board of Supervisors Minutes 293 b. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform work or that the employee’s general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom, the employee shall be required to undergo a physical examination by a physician selected by the District, the cost of which shall be borne by the District. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. c. If all accrued sick leave has been utilized by the employee, the employee shall be considered on an approved leave without pay unless the employee chooses to use vacation or other non-sick leave accruals. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the District with a written statement from the employee’s attending physician stating that the disability continues and the projected date of the employee’s recovery from such disability. 5. Medical and Dental Appointments. An employee may use paid sick leave credits: a. For working time used in keeping medical and dental appointments for the employee’s own care; b. For working time used for prescheduled medical and dental appointments for an immediate family member. c. Employees are responsible to schedule personal and family medical and dental appointments to avoid conflicts with scheduled workdays as much as possible consistent with medical necessity. d. Employees are responsible to notify the District when they have a scheduled medical or dental appointment on a duty day. In any emergency situation, the appropriate supervisor must be contacted immediately. 6. Emergency Care of Family. An employee may use paid sick leave credits for working time used (1) to personally care for an ill or injured immediate family member if there is a real need for someone to render care, no one else is available therefore, and alternative arrangements for the care of the ill or injured person are immediately undertaken; or (2) to be present at the bedside of a seriously ill or injured immediate family member; or (3) to transport an ill or injured immediate family member to receive medical care if December 5, 2017 Conta Costa County Board of Supervisors Minutes 294 no one else is available to provide transportation. However, the time so charged shall not exceed one shift for 56-hour week employees and two days for 40-hour week employees. This time period limit may be extended at the discretion of the Fire Chief. 7. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee’s immediate family or of the employee’s domestic partner; this shall not exceed three (3) consecutive 24-hour shifts or five (5) consecutive 8-hour working days without the Fire Chief’s approval. 11.4 Prohibited Uses of Paid Sick Leave. Accumulated sick leave credits may not be used in the following situations: 1. Self-inflicted Injury. Paid sick leave credits may not be used for time off work for an employee’s illness or injury when proven to be purposely self-inflicted or caused by employee’s willful misconduct. 2. Vacation. Paid sick leave credits may not be used for employee’s illness or injury which occurs while on vacation. However, when extenuating circumstances exist, the Fire Chief may authorize sick leave in place of vacation. 3. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status, i.e., leave of absence, suspension, etc. 11.5 Sick Leave Incentive Plan. Employees shall be eligible for payoff of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources and can be awarded only under the following conditions: a. The employee must have resigned in good standing b. Payout is not available if the employee is eligible to retire c. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment, excluding any sick leave use covered by the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. December 5, 2017 Conta Costa County Board of Supervisors Minutes 295 d. Payout shall be under the following schedule: Years of Permanent Percent of Unused Continuous Completed Service Sick Leave Paid 3-5 years 30% 5-7 years 40% 7 plus years 50% e. No payoff shall be made pursuant to this section unless the Contra Costa County Employees’ Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in and has withdrawn his or her contributions from the Retirement Association. f. It is the intent of the Board of Supervisors that payments pursuant to this section shall preclude County retirement benefits resulting from employment by the County or Districts governed by the Board. SECTION 12 – NUMBER OF SHIFT BATTALION CHIEFS OFF ON ELECTIVE LEAVE Only one (1) shift Battalion Chief shall be permitted to take time off on vacation, administrative leave or personal holiday leave per shift at one time provided, however, that the Fire Chief, at his sole discretion, may approve more than one (1) shift Battalion Chief off per shift at one time. SECTION 13 - LEAVE OF ABSENCE 13.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 13.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability; 2. pregnancy; 3. parental; December 5, 2017 Conta Costa County Board of Supervisors Minutes 296 4. to take a course of study such as will increase the employee's use- fulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeks in each calendar year period in accordance with Section 13.5 below. E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, or serious health condition, the decision of the appointing authority on granting or denying a leave or early return from leave shall be subject to appeal to the Director of Human Resources and not subject to appeal through the grievance procedure set forth in this MOU. 13.3 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof, shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service, or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. December 5, 2017 Conta Costa County Board of Supervisors Minutes 297 13.4 Family Care Leave or Medical Leave. Upon request to the appointing authority, in any rolling twelve (12) month period, any employee who has permanent status shall be entitled to at least twelve (12) weeks leave (less if so requested by the employee) for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 13.5 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 13.6 Intermittent Use of Leave. The twelve (12) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The twelve (12) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 13.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the twelve (12) week entitlement. 13.7 Aggregate Use for Spouses. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of twelve (12) weeks during a rolling twelve (12) month period. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 13.8 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. December 5, 2017 Conta Costa County Board of Supervisors Minutes 298 c. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: A person who is registered as such with the California Secretary of State. e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Family Care Leave. A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g. Certification for Family Medical Leave. A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the December 5, 2017 Conta Costa County Board of Supervisors Minutes 299 intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions. A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 13.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 11.3 (Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the twelve (12) week family care leave period. 13.10 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the District contribution by maintaining their employment in pay status as described in Section 13.11. During the twelve (12) weeks of an approved medical or family care leave under Section 13.4 above, the District will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 13.11. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 13.11 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 11 - Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or Sick Leave Integration or in the sections below. B. Family Care or Medical Leave. During the twelve (12) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 11 - Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. December 5, 2017 Conta Costa County Board of Supervisors Minutes 300 C. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 11 - Sick Leave. 13.12 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of PMR Part 12 shall apply. 13.13 Reinstatement From Family Care/Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than 480 hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. (For example, an employee assigned to a 56-hour work week would be eligible for up to 672 hours under this Section). 13.14 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 13.15 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 14.1 Health Plan. The District will provide group health benefits through the California Public Employees’ Retirement System (CalPERS) for all permanent full-time employees and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week in classes represented by the Association. The CalPERS health care program, as regulated by the Public Employees’ Medical and Hospital Care Act (PEMHCA), regulations issued December 5, 2017 Conta Costa County Board of Supervisors Minutes 301 pursuant to PEMHCA, and the administration of PEMHCA by CalPERS, controls on all health plan issues for employees who receive health care coverage from CalPERS, including, but not limited to, eligibility, benefit plans, benefit levels, minimum premium subsidies, and costs. 14.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, Association members and Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts may elect to enroll in CCHP under the CalPERS plan rules and regulations. 14.3 CalPERS Health Plan Monthly Premium Subsidy. The District’s subsidy to the CalPERS monthly health plan premiums is as provided below. The employee must pay any CalPERS health plan premium costs that are greater than the District’s subsidy identified in Section 14.3(A). A. District Premium Subsidy through November 30, 2015. The District will contribute up to an amount equivalent to eighty percent (80%) of the 2015 CalPERS Kaiser premium at each level (employee only, employee + one, employee + two or more) towards the covered employee’s CalPERS or CalPERS Alternative Plan (CCHP) premium. 1. All Health Plans Coverage Level Subsidy Employee Only $ 571.56 Employee & One Dependent $1,143.12 Employee & Two or more Dependents $1,486.06 B. District Premium Subsidy Through November 30, 2016. For the plan year that begins on January 1, 2016, the District will contribute up to an amount equivalent to eighty percent (80%) of the 2016 CalPERS Kaiser premium at each level (employee only, employee + one, employee + two or more) towards the covered employee’s CalPERS or CalPERS Alternative Plan (CCHP) premium. C. District Premium Subsidy On and After December 1, 2016. For the plan year that begins on January 1, 2017, the District will pay a monthly premium subsidy for each health plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for that plan as of November 30, 2016. In addition, if there is an increase in the monthly premium charged by a health plan for 2017, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, and for each plan, the District and the employee will each pay fifty (50%) of the monthly premium increase above the 2016 plan premiums. D. In the event, in whole or in part, that the above District premium subsidy amounts are greater than one hundred percent (100%) of the applicable December 5, 2017 Conta Costa County Board of Supervisors Minutes 302 premium of any plan, the District’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 14.4 Dental Plan. The District may, during the term of this MOU, change dental care providers, so long as the level of benefits provided is not reduced. 14.5 District Dental Plan Premium Subsidy On and After January 1, 2014. The District’s subsidy to the monthly dental plan premiums shall be as provided below. This subsidy is provided only for permanent full-time and permanent part- time employees regularly scheduled to work at least twenty (20) hours per week. Permanent-intermittent, provisional and permanent part-time employees working less than twenty (20) hours per week may enroll in a dental plan but will not receive the premium subsidy. Any increases in dental plan costs greater than the District’s premium subsidy identified below shall be borne by the employee. A. District premium subsidy for 2014 and thereafter. For plan years 2014 and thereafter, the District will pay the following monthly premium subsidy: 1. Dental Plans: Delta Dental Single $33.11 Family $74.59 DeltaCare (PMI) Single $22.67 Family $48.99 Delta Dental without health plan Single $42.44 Family $95.62 DeltaCare (PMI) without health plan Single $29.05 Family $62.80 B. Delta and PMI Delta Care: For the plan year that begins on January 1, 2016, the District will pay a monthly premium subsidy for each dental plan that is equal to the actual dollar monthly premium subsidy that is paid by the District as of November 30, 2015. In addition, if there is an increase in the monthly premium charged by a dental plan for 2016, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, the District and the employee will each pay fifty percent (50%) of the monthly premium increase above the 2015 plan premium. December 5, 2017 Conta Costa County Board of Supervisors Minutes 303 C. Dental Only: Employees who elect dental coverage as stated above without health coverage will pay one cent ($.01) per month for such coverage. Beginning on January 1, 2016, the District will pay a monthly dental premium subsidy for each dental plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for 2015. If there is an increase in the premium charged by a dental plan for 2016, the District and the employee will each pay fifty percent (50%) of the increase. For each plan year thereafter, the District and the employee will each pay fifty percent (50%) of the premium increase that is above the 2015 plan premium. D. In the event, in whole or in part, that the above amounts are greater than one hundred percent (100%) of the applicable premium of any plan, for any plan year, the District’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. E. Eligible Family Members. The following persons may be enrolled as the Eligible Family Members of a dental plan subscriber. 1. Eligible Dependents: a. Employee’s legal spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: i. Under age 19; or ii. Age 19, or above, but under age 24; and a). Resides with the Employee for more than 50% of the year, excluding time living at school, and b). Receives at least 50% of support from Employee; and c). Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s Disabled Child who is: i. Over age 19, a). Unmarried; and b). Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMSCO) or similar court document. 3. For purposes of this Section 14.5 – District Premium Subsidy, “Eligible Family Member” does not include Survivors of employees or retirees. December 5, 2017 Conta Costa County Board of Supervisors Minutes 304 14.6 Rate Information. The County Benefits Service Unit will make dental plan rate information and, to the extent possible, CalPERS health plan rate information available to employees and the District upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and the District information about rate changes as they occur during the year. 14.7 Life Insurance Benefit Under Health and Dental Plans. For permanent employees who are enrolled in a District sponsored health or dental plan as either the primary insured or a dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the District. 14.8 Life Insurance Contribution. The District will pay the entire premium on behalf of permanent full-time and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week who elect health and/or dental coverage. 14.9 Premium Payments. Employee participation in any health, dental, or life insurance plan is contingent upon the employee authorizing payroll deduction by the District of the employee’s share of the premium cost. The District's subsidy of health plan and dental plan monthly premiums is payable as follows: A. CalPERS Plan (Includes Alternate CCHP Plan). The District's subsidy of the health plan premium is payable one (1) month in advance. If an employee’s compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller by the tenth day of each month. The responsibility for this payment rests solely with the employee. B. Dental and Life Insurance Plans. The District's subsidy of the dental and life insurance premium as described in Sections 14.5 and 14.8, is payable monthly. If an employee’s compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller by the tenth day of each month. The responsibility for this payment rests solely with the employee. 14.10 Extended Coverage. An employee on approved leave without pay shall be allowed to continue his/her health/dental/life insurance coverage provided that the employee shall pay their share of the monthly premium by the tenth day of each month, during said leave. An employee who terminates District employment is covered through the last day of the month in which he/she is paid for District dental plans and through the last day of the month following the month of termination for CalPERS plans. Employees who terminate District employment may continue Group Health/Dental plan coverage to the extent provided under the COBRA regulations. December 5, 2017 Conta Costa County Board of Supervisors Minutes 305 14.11 Retirement Coverage. Upon retirement, employees may, subject to plan requirements, remain in the same District group medical and dental plan if immediately before their retirement they are currently enrolled in one of the District sponsored CalPERS Health Plans or dental plans or if on authorized leave of absence without pay, they have retained continuous coverage during the leave period. A. Retirement Dental Coverage. 1. Employees hired before January 1, 2015. Upon retirement, eligible employees and their eligible family members, as defined in Section 14.5(E), may remain in their District dental plan, but without District- paid life insurance coverage, if immediately before their proposed retirement, the employees and dependents are either active subscribers to one of the District contracted dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The District will pay the same dental plan monthly premium subsidies set forth in subsection 14.5 for eligible retirees and their eligible family members. 2. Employees hired on or after January 1, 2015. For these employees and their eligible family members, no monthly premium subsidy will be paid by the District for any dental plan after they separate from District employment. Upon completion of fifteen (15) years of service as an employee of the District, an employee who retires under the Contra Costa County Employees Retirement Association (“CCCERA”) may retain continuous coverage of any District dental plan, provided that he or she pays the full premium cost under the chosen dental plan without any District premium subsidy. For purposes of retiree dental eligibility, one year of service is defined as one thousand (1,000) hours worked within one District anniversary year. B. Retirement Medical Coverage. 1. Government Code section 22892 applies to all employees who retire under the Contra Costa County Employees’ Retirement Association (CCCERA). 14.12 Dual Coverage. A. CalPERS Health Plan. Employees must adhere to the rules as established by CalPERS. December 5, 2017 Conta Costa County Board of Supervisors Minutes 306 B. On and after January 1, 2013, each employee and retiree may be covered by only a single District health and/or a single District dental plan, including CalPERS plans. For example, a District employee may be covered under a single District health plan as either the primary insured or the dependent of another District employee or retiree, but not as both the primary insured and the dependent of another District employee or retiree. C. On and after January 1, 2013, each dependent may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are District employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. D. For purposes of this Section 14.12 - Dual Coverage, "District" includes the County of Contra Costa and all Board of Supervisors governed special districts, such as the Contra Costa County Fire Protection District. 14.13 Management Life Insurance. Permanent employees shall be covered, at District expense, by term life insurance in the amount of forty-seven thousand dollars ($47,000). The coverage shall include an accelerated death benefit option. Premiums for this insurance shall be paid by the District, with conditions of eligibility to be reviewed annually. All employees covered herein may also subscribe voluntarily for supplemental life insurance coverage. 14.14 PERS Long Term Care. The District will deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no employee cost, for District employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The District further agrees that District employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on District facilities during non-work hours (i.e: coffee breaks, lunch hour). 14.15 Health Care Spending Account. The District will continue to offer regular full-time and part-time (20/40 or greater) District employees the option to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck for health care expenses not reimbursed by any other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 14.16 Long-Term Disability Insurance. The District shall continue the Long- Term Disability Insurance program with a replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by any deductible benefits. December 5, 2017 Conta Costa County Board of Supervisors Minutes 307 14.17 Dependent Care Assistance Program. The District will continue to offer the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 14.18 Voluntary Vision Plan. Beginning with the 2017 plan year, active permanent full-time and active permanent part-time employees will be offered the opportunity to enroll in a voluntary vision plan. Employees will pay the full premium costs of the plan. The District will contract with VSP Vision Care for a voluntary vision plan with no co-pays. The vision plan is not available to permanent-intermittent employees. 14.19 Premium Conversion Plan. The District will continue to offer the option of enrolling in the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 14.20 Prevailing Section. To the extent that any provision of this Section (Section 14 – Health and Welfare, Life and Dental Care) is inconsistent with any provision of any other County or District enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other resolution or order of the Board of Supervisors, the provision(s) of this Section (Section 14 – Health and Welfare, Life and Dental Care) will prevail. SECTION 15 - PROBATIONARY PERIOD 15.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be for twelve (12) months. 15.2 Classes with Changed Probationary Periods. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 15.3 Probationary Period Time. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. If a permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours (243 hours for shift employees) per month. December 5, 2017 Conta Costa County Board of Supervisors Minutes 308 15.4 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious affiliations, Association activities, or race, color, national origin, sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and the facts by which it is claimed that grounds for appeal exist under subsection (A) above and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the 7th calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in subsection (A) above, it may refer the matter to a Hearing Officer for hearing, recommend findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, the appellant shall complete only the remainder of the probation period unless the Merit Board specifically orders that the appellant begin a new probation period. 15.5 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this Memorandum of Understanding, without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was the appointing authority's intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of this Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible December 5, 2017 Conta Costa County Board of Supervisors Minutes 309 list, shall be restored to a position in the District from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the District from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 15.6 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class, shall be required to complete only the balance of the required probation. If reemployed in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a District other than the District from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the District from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 15.7 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different district or classification than that from which the employee was laid off. SECTION 16 – PROMOTION 16.1 Promotion. Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 16.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 16.3 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: December 5, 2017 Conta Costa County Board of Supervisors Minutes 310 a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1) year. c. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Director of Human Resources. e. The Association approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 16.4 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee’s name shall be removed from the promotional list. 16.5 Seniority Credits. A. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in a promotional examination. B. An employee shall receive education credits for the following degrees: AA/AS Degree = 2.5% BA/BS Degree = 5.0% The maximum education credit is limited to 5.0% December 5, 2017 Conta Costa County Board of Supervisors Minutes 311 C. Under this section, the maximum promotional examination credit an employee can receive for both seniority and education is ten percent (10.0%). 16.6 Physical Examination as Part of Promotional Examination. District employees who are required as part of the promotional examination process to take a physical examination, shall do so on District time at District expense. SECTION 17 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 17.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 17.2 Constructive Resignation. A constructive resignation occurs and is effective when: A. An employee has been absent from duty for ten (10) consecutive working days, (three shifts for employees on a 56-hour work week) without leave; and B. ten (10) more consecutive days (three shifts for employees on a 56 hour work week) have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 17.3 Effective Resignation. A resignation is effective when delivered or spo- ken to the appointing authority, operative either on that date or another date specified. 17.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 17.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on December 5, 2017 Conta Costa County Board of Supervisors Minutes 312 the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, the resignation shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the Management Complaint Procedure contained in Section 19 of the Memorandum of Understanding, beginning with step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision or next assigned shift but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY 18.1 Cause for Dismissal, Suspension, Demotion and Reduction in Salary. The appointing authority may dismiss, suspend, demote, or reduce in salary any employee for cause. Reduction in salary shall not exceed five percent (5%) of the employee’s base salary. Reduction in salary shall not exceed ninety (90) consecutive calendar days. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, demotion or reduction in salary may be based on reasons other than those specifically mentioned: 1. absence without leave; 2. conviction of any criminal act involving moral turpitude; 3. conduct tending to bring the County, District or merit system into disrepute; 4. disorderly or immoral conduct; 5. incompetence or inefficiency; December 5, 2017 Conta Costa County Board of Supervisors Minutes 313 6. insubordination; 7. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs, or consuming or using liquor or drugs during work hours and/or on County/District premises; 8. neglect of duty, i.e., non-performance of assigned responsibilities; 9. negligent or willful damage to public property or waste of public supplies or equipment; 10. violation of any lawful or reasonable regulation or order given by a supervisor or Fire Chief; 11. willful violation of any of the provisions of the Merit System Ordinance or Personnel Management Regulations; 12. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment; 13. misappropriation of District/County funds or property; 14. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this Memorandum of Understanding; 15. dishonesty or theft; 16. excessive or unexcused absenteeism and/or tardiness; 17. sexual harassment including but not limited to unwelcome sexual advan- ces, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, interfering with an individual's work performance, or creating an intimidating, hostile or an offensive working environment. 18.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (48 hours for employees on a 56 hour workweek) or demote an employee, the appointing authority shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: A. A statement of the action proposed to be taken. B. A copy of the charges, including the acts or omissions and grounds upon which the action is based. December 5, 2017 Conta Costa County Board of Supervisors Minutes 314 C. If it is claimed that the employee has violated a rule or regulation of the County or District, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 18.3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence with pay. 18.4 Suspensions Without Pay. shall not exceed thirty (30) consecutive days unless ordered by an arbitrator, an adjustment board or the Merit Board. 18.5 Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed with the Director of Human Resources showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension or demotion to the Merit Board or through the procedures of Section 19, Management Complaint Procedure, of this Memorandum of Understanding, provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. December 5, 2017 Conta Costa County Board of Supervisors Minutes 315 SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE 19.1 Management Complaint Procedure. A complaint is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County/District official shall be final, the interpretation or application of those provisions not being subject to the complaint procedure) or disciplinary actions. The Association may represent the employee at any stage of the process. Complaints must be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a complaint and shall be processed in the following manner. A. Step 1. Any employee or group of employees who believes a provision of this Memorandum of Understanding has been misinterpreted or misapplied to the employee's detriment shall discuss the complaint on an informal basis with the employee's appropriate chief officer who shall meet with the employee and respond to the complaint within five (5) duty shifts, or ten (10) workdays in the case a complaint filed by employees assigned to a forty (40) hour workweek, of a request to hold such a meeting. Complaints challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 3 within the time frame set forth in Section 18.5. B. Step 2. If a complaint is not satisfactorily resolved in Step 1 above, the employee may submit the complaint in writing within five (5) calendar days to such management official, other than the chief officer who participated in Step 1 above, as the Fire Chief may designate. This formal written complaint shall state which provision of the Memorandum of Understanding has been misinterpreted or misapplied, how the misin- terpretation or misapplication has affected the employee to the employee's detriment, and the redress the employee seeks. A copy of each written communication on a complaint shall be filed with the Employee Relations Officer or his/her designee. The designated management official shall have ten (10) workdays in which to respond to the complaint in writing. C. Step 3. If a complaint is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within five (5) workdays to the Employee Relations Officer or his/her designee. The Employee Relations Officer or his/her designee shall have fifteen (15) workdays in which to investigate the merit of the complaint and to meet with the Fire Chief or designee and the employee to attempt to settle the complaint and to respond in writing to the employee and the employee's Association representative. D. Step 4. No complaint may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within five (5) calendar days of the written response of the Employee Relations Officer or his/her designee. If the parties are unable to reach a mutually satisfactory accord on any complaint which arises and is December 5, 2017 Conta Costa County Board of Supervisors Minutes 316 presented during the term of this Memorandum of Understanding, such complaint shall be submitted in writing within five (5) calendar days to the Employee Relations Officer or his/her designee requesting that the complaint be submitted to an Adjustment Board. Such Adjustment Board is to be comprised of three (3) Association representatives, no more than one (1) of whom shall be either an employee of the District or a member of the Association presenting this complaint, and three (3) representatives of the District, no more than one (1) of whom shall be an employee of a District covered by this MOU, or a County employee or a member of the staff of an organization employed to represent the District in the meeting and conferring process. The Adjustment Board shall meet and render a decision within fifteen (15) calendar days of receipt of a written request. E. Step 5. Within ten (10) calendar days of exhaustion of this procedure through Step 4, the Association may request a meeting and/or discussion with the Fire Chief regarding the complaint. If an Adjustment Board is unable to arrive at a majority decision, either the employee (or the County/District, when alleging a violation of Section 19.2 below) may require the complaint be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Employee Relations Officer or his/her designee. Such request shall be submitted within ten (10) calendar days of the rendering of the Adjustment Board decision to the Employee Relations Officer or his/her designee (or the designated representative of the Association when the County/District is alleging a violation of Section 19.2 below). Within thirty (30) calendar days of the request for arbitration, the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the District. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. F. For the purposes of this Section 19 the term "workday" shall be defined as any day except a Saturday, Sunday or holiday. 19.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a complaint as set forth in Section 19.1 above. December 5, 2017 Conta Costa County Board of Supervisors Minutes 317 C. Proposals to add to or change this Memorandum of Understanding or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Employee Relations Officer or his/her designee in pursuance of the procedures outlined in Section 19.1C above, or the Adjustment Board in pursuance of the provisions of Section 19.1D above, resolve a complaint which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the complaint is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 18, such employee may not be ordered reinstated and no penalty may be assessed upon the County/District. 19.3 Clarification on Time Limits of the Complaint Procedure. The time limits and steps specified above may be waived by mutual agreement of the parties to the complaint. If the District fails to meet the time limits specified in Steps 1 through 3 above, the complaint will automatically move to the next step. If a complainant fails to meet the time limits specified in Steps 1 through 5 above, the complaint will be deemed to have been settled and withdrawn. 19.4 Representation Outside of Association. An official, with whom a formal complaint is filed by a complainant who is included in a unit represented by the Association, but is not represented by the Association in the complaint, shall give the Association a copy of the formal presentation. 19.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Employee Relations Officer or his/her designee. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as complaints. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustments shall be retroactive for more than six (6) months from the date upon which the complaint was filed. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the District and the Association. December 5, 2017 Conta Costa County Board of Supervisors Minutes 318 19.6 No Strike. During the term of this Memorandum of Understanding, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, refusal to perform customary duties, stoppage of work or sickout against the District. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises the employee's supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of the employee's duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 19.7 Merit Board. A. All complaints of employees in the representation unit represented by the Association shall be processed under Section 19 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Steps (3), (4) or (5) of Subsection 19.1 above shall be taken if action on the complaint has been taken by the Merit Board, or if the complaint is pending before the Merit Board. 19.8 Complaint Filing. The Association may file a complaint at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this Memorandum of Understanding. 19.9 Letter of Reprimand. Letters of reprimand are subject to the complaint procedure but shall not be processed past Step 3. Letters of reprimand shall be served personally or by certified mail on the affected employee. A copy of the letter of reprimand shall be placed in the employee's official personnel file maintained by the District. SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS The District recognizes an employee’s right to representation during any disciplinary interview or meeting, which may result in discipline. The District will not interfere with the representative’s right to assist an employee to clarify the facts during the interview. SECTION 21 - RETIREMENT CONTRIBUTION 21.1 Payment of Employee Contributions. All employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the December 5, 2017 Conta Costa County Board of Supervisors Minutes 319 Contra Costa County Employees’ Retirement Association (CCCERA) without the District paying any part of the employees’ contribution. All employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement, without the District paying any part of the employees’ contributions. Except as provided in section 21.2 (Safety Employees Retirement) subsection A, the District is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 21.2 Safety Employees Retirement. A. Safety Employees Retirement – Tier A – Employees Who Became Safety Members of CCCERA Before January 1, 2013. 1.For District employees who became safety members of CCCERA before January 1, 2013, the retirement formula shall be “3 percent at 50.” The cost of living adjustment (COLA) to the retirement allowance shall not exceed three percent (3%) per year. The employee’s final compensation shall be calculated based on a twelve (12) month salary average. This retirement benefit is known as “Tier A.” a.Effective December 1, 2017, each member in Tier A shall pay seven percent (7%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. b.Effective July 1, 2018, each member in Tier A shall pay four percent (4%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. c.Effective July 1, 2019, each member in Tier A shall pay one percent (1%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. d.Effective June 30, 2020, the employee’s payment of one percent (1%) of his or her retirement base to pay part of the employer’s contribution for the cost of the Tier A benefit will cease. Such payments will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement benefits. December 5, 2017 Conta Costa County Board of Supervisors Minutes 320 2. Tier A - Employees With More Than Thirty Years of Continuous Service as Safety Members. Employees covered by this agreement and designated by CCCERA as safety members with credit for more than thirty (30) years of continuous service as safety members, will not make payments from their retirement base to pay part of the employer’s contribution for the cost of Safety Tier A. B. Employees Who Become Safety Members of CCCERA on or After January 1, 2013. 1. For employees who become Safety Members of the Contra Costa County Employee Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA governs. 2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to employees who, under PEPRA, become Safety New Members of CCCERA. 3. For employees who, under PEPRA, become Safety New Members of CCCERA, on or after January 1, 2016, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. 4. Subsection A, subparts (1) through (2), above, applies to employees who, under PEPRA, become reciprocal Safety Members of CCCERA in Tier A, as determined by CCCERA. SECTION 22 - SAFETY The District shall expend every effort to see to it that the work performed under the terms and conditions of this Memorandum of Understanding is performed with maximum degree of safety consistent with the requirement to conduct efficient operations. SECTION 23 - MILEAGE Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on District business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. December 5, 2017 Conta Costa County Board of Supervisors Minutes 321 Commuter Benefit Program. The District will offer employees the option of enrolling in an employee-funded qualified transportation (commuter) benefit program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will allow employees to set aside pre-tax dollars for qualified transportation expenses to the extent and amount allowed by the Internal Revenue Service. Employees are responsible for paying any account fees charged by the Commuter Benefit administrator. The District does not manage or administer the Commuter Benefit Program. SECTION 24 - UNIFORM ALLOWANCE Effective August 1, 2015, the monthly uniform allowance for all employees in represented classes for which a uniform is required shall be $54.50 per month. SECTION 25 - CERTIFICATION REQUIREMENTS 25.1 Required Certifications. Incumbents of each of the classifications represented by the Association shall, at all times, possess current certification appropriate for practice in Contra Costa County in First Responder Public Safety and Hazardous Materials Incident Commander. 25.2 General Terms. a. The District will provide maintenance training to incumbent employees to comply with the requirements of Section 25.1 above. b. Employees appointed into any of the applicable classifications (excepting movements between these classifications) shall obtain these certifications within six (6) months of appointment. The District will provide initial certification training to these employees. SECTION 26 – OTHER TERMS OF EMPLOYMENT 26.1 Longevity Pay. A. Employees who have completed ten (10) years of appointed service for the District shall be eligible to receive a two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. B. Effective January 1, 2017, employees who have completed twenty (20) years of appointed service for the District shall be eligible to receive a two and one-half percent (2.5%) longevity differential on the first day of the month following the month in which the employee qualifies for the twenty (20) year service award. For employees who completed twenty (20) years December 5, 2017 Conta Costa County Board of Supervisors Minutes 322 of service before January 1, 2017, this longevity differential will be paid prospectively only from January 1, 2017. 26.2 Deferred Compensation Incentive. The District contribution to employees who participate in the County’s Deferred Compensation Plan is seventy-five dollars ($75) per month. To be eligible for this incentive, employees must contribute to the deferred compensation plan as indicated below. Monthly Contribution Employees with Qualifying Base Required to Maintain Current Contribution Incentive Program Monthly Salary of: Amount: Eligibility $2,500 and below $250 $50 2,501 - 3,334 500 50 3,335 - 4,167 750 50 4,168 - 5,000 1,000 50 5,001 - 5,834 1,500 100 5,835 - 6,667 2,000 100 6,668 & above 2,500 100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the District supplement. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal shall not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, shall not be required to reestablish eligibility. 26.3 Training. Employees shall be eligible for career development training reimbursement in the maximum amount not to exceed $750 per fiscal year. The policy for reimbursement of training expenses shall be consistent with County and District policies on Travel and Training. 26.4 Educational Incentive Program. Employees who possess the appropriate certificates or educational degrees beyond the minimum requirements for their class and/or meet the appropriate continuing educational requirements shall be eligible to qualify for professional development educational incentives under the conditions described herein. 1. Incumbents of the following classifications are eligible to participate in this incentive program: December 5, 2017 Conta Costa County Board of Supervisors Minutes 323 Battalion Chief (RPHA, RPHE), and Chief, Fire Emergency Medical Services (RPHD) 2. All differentials shall be designated as either contingent or permanent allowances and shall be awarded in increments of 2.5% of monthly base salary. The combined contingent and permanent educational incentives awarded any employee in any class noted above shall not exceed 7.5% of monthly base pay. 3. The program is intended to encourage the further professional development of eligible personnel by the pursuit and achievement of job- related certificates or degrees as follows: a. An Associate of Arts or Science Degree from an accredited college with a major in Fire Technology, Business Administration, Management and Supervision or a related field. Employees must have been hired or promoted prior to January 1, 2020. b. Certification as either Chief Officer or Chief Fire Officer issued by the State Fire Marshal. c. Completion of the Executive Fire Officer (EFO) program through the National Fire Academy. d. A Bachelors’ or Masters’ Degree from an accredited college or university with a major in Business, Management, Public Administration, Emergency Management or a related field. 4. Qualifications for allowances shall be under the following conditions: a. A contingent allowance of 2.5% shall be awarded for annually completing at least forty (40) hours of approved education or training or at least three (3) approved college semester units (or equivalent quarter units) or an approved combination thereof in pursuit of options (a) through (d) in Section 4 above. b. A permanent allowance of 2.5% shall be awarded for possession of one of options (a) through (d) in Section 3 above. A maximum permanent allowance of 5% is allowable. c. The combined contingent and permanent allowances awarded to any employee may not exceed seven and one-half percent (7.5%) of the employee’s base rate of pay. 5. The educational incentive program is subject to appropriate administrative guidelines and controls promulgated by the Fire Chief and approved by the Human Resources Director to ensure that the standards described December 5, 2017 Conta Costa County Board of Supervisors Minutes 324 herein are met. Employees who become qualified for allowances as described herein shall be eligible for receipt of the appropriate allowance beginning on the first day of the following month providing that acceptable documentation is received by Fire District Administration not later than the twenty-fifth (25th) of the preceding month. 26.5 Management Development Policy. Employees shall be authorized to attend professional training programs, seminars and workshops - a minimum of thirty (30) hours annually, during normal work hours only with the Fire Chief’s approval – for the purpose of developing knowledge, skills and abilities in the areas of supervision, management and District/County policies and procedures. The Fire District is encouraged to provide professional development opportunities for people newly promoted into positions of direct supervision. Priority for professional training programs shall be afforded those offered through the Contra Costa Training Institute. Other related and appropriate training/education resources approved by the Fire District may be considered. To encourage personal and professional growth, the District provides reimbursement for certain expenses incurred by employees for job-related training (required training and career development training/education). Provisions for eligibility and reimbursement are determined by the District and County and outlined in District and County policy. 26.6 Professional Development Reimbursement. Employees shall be eligible for reimbursement of up to $450 for each two (2) year period beginning January 1, 2001 for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities and purchase of computer hardware and software. Authorization for individual professional development reimbursement requests shall be made by the Fire Chief. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment. 26.7 Bilingual Pay Differential. A monthly salary differential shall be paid to incumbents of positions requiring bilingual proficiency as designated by the Fire Chief and the Human Resources Director. The differential shall be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential shall be sixty-five dollars ($65) per month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County, and such designations may be amended or deleted at any time. 26.8 Emergency Recall and Standby Differential. Standby and emergency recall is a requirement of all classifications covered under this agreement. A salary differential in the amount of five percent (5%) of monthly base salary shall be in effect for personnel (56 hour) assigned to standby and emergency recall December 5, 2017 Conta Costa County Board of Supervisors Minutes 325 duty a minimum of eight (8) days each month, (twelve (12) days for 40 hour personnel). SECTION 27 – SPECIAL ASSIGNMENT PRE-APPROVAL Any special assignment of personnel must be pre-approved, in writing, by the appropriate Assistant Chief or, in their absence, the Duty Fire Chief. SECTION 28 – DAYS AND HOURS OF WORK 28.1 Definitions. A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours. B. Alternate Work Schedule: An alternate work schedule is any work schedule where an employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday. C. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty-six (36) hour calendar workweek, four (4) of the workdays are nine (9) hour days and the employee has the same day of the week off that is worked for eight (8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar week, four (4) of the workdays are nine (9) hours and one of the workdays is eight (8) hours. Specific 9/80 schedules and requirements for employees are provided and authorized under Administrative Bulletin No. 435. D. 56 Hour Schedules: For employees working in 56-hour classifications, the regular schedule consists of a six day tour of duty that includes two (2) regularly scheduled 24-hour workdays and four (4) days off, commonly referred to as 48/96. E. Nothing herein shall preclude the Fire Chief or designee from assigning employees of this unit between the existing work schedules or to the work assignments which best meet the workload demands and operational needs of the District and/or which results in the provision of effective, efficient services to the public. 28.2 Designated Workweek and Work Schedules. A. Designated Workweek for Employees on Regular and Alternate Work Schedule: For employees on regular and alternate work schedules, the designated workweek begins at 12:01 a.m. on Monday and ends at 12 December 5, 2017 Conta Costa County Board of Supervisors Minutes 326 midnight on the following Sunday. B. Designated Workweek for Employees on a 9/80 Work Schedule: The 9/80 designated workweek begins on the same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80 day off. The start time of the designated workweek is four (4) hours and one (1) minute after the start time of the eight (8) hour workday. The end time of the designated workweek is four (4) hours after the eight (8) hour workday start time. The result is a designated workweek that is a fixed and regularly recurring period of seven (7) consecutive 24 hour periods (168 hours). 28.3 Battalion Reassignments. In the event that the Fire Chief or designee determines a need to reassign Battalion Chief(s) from one battalion to another battalion, from one 56-hour shift to another 56-hour shift, or both, the Fire Chief or designee will provide written notice to all Battalion Chiefs of such need. The Fire Chief or designee will meet with the Battalion Chiefs as a group. There shall be at least five (5) days advance notice of the meeting. At the meeting to discuss the change, the Battalion Chiefs’ input shall be solicited. The Battalion Chiefs will have the opportunity to request reassignment in writing. The Fire Chief or designee will provide at least five (5) days notice, prior to implementing the change. After such meeting and notice, the Fire Chief or designee will make reassignment(s) at his/her sole discretion. 28.4 Schedule Reassignments. In the event that the Fire Chief or designee determines a need to reassign a bargaining unit member from one schedule to another schedule listed in Section A., the Fire Chief or designee will provide written notice to all Battalion Chiefs of such need. The Fire Chief or designee will meet with the Battalion Chiefs as a group. There shall be at least seven (7) days advance notice of the meeting. At the meeting to discuss the change, the Battalion Chiefs’ input shall be solicited. The Battalion Chiefs will have the opportunity to request reassignment in writing. The Fire Chief or designee will provide at least seven (7) days notice, prior to implementing the change. After such notice and meeting, the Fire Chief or designee may make reassignment(s). If the Association makes a request within five (5) days of this assignment, the Fire Chief or designee will meet with representatives of the Association to discuss the assignment(s) and to review alternatives. The Fire Chief or designee will then confirm or amend the assignment(s). In the event that the affected employee(s) assignment is involuntary, the assignment shall not exceed one (1) year. December 5, 2017 Conta Costa County Board of Supervisors Minutes 327 28.5 Designation of Assignments. Nothing herein shall preclude the Fire Chief or designee from making assignments as necessary to deal with emergency conditions. The Fire Chief or designee shall follow the provisions listed above as soon as possible after the emergency assignment is proposed and/or has been made. 28.6 Time Reporting and Pay Practices Waiver. The Association agrees to the implementation of an Automated Timekeeping System. The Association waives its right to meet and confer regarding any impacts that may result from the County’s implementation of the automated timekeeping system, including but not limited to, changes to current departmental time reporting and pay practices. The Association agrees to convert from the current payroll cycle when the County is able to upgrade the current payroll system or implement a new County payroll system. SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS The maximum number of continuous work hours for Battalion Chiefs shall be limited to 96 hours. A. An employee must have twenty-four (24) hours off after a 96 hour continuous segment. B. Exceptions may be made (at the discretion of the Duty Chief or) if emergency activities require extended schedules (for example, mandatory hold-overs). C. This proposal does not apply to strike team assignments and/or incident management team deployments. SECTION 30 – BATTALION CHIEF OPENINGS As assignments for a Battalion Chief occur, Battalion Chiefs shall be notified of such openings and be afforded an opportunity to request reassignment - said request to be submitted in writing to the Fire Chief or designee. However, requests will be granted or denied at the sole discretion of the Fire Chief. SECTION 31 – SERVICE AWARDS The District shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 328 SECTION 32 - DEFINITIONS FOR SERVICE AWARDS AND VACATION ACCRUALS The length of service credits of each employee of the District shall date from the beginning of the last period of continuous District employment (including temporary, provisional and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is re-employed in a permanent District position or is re-employed in a permanent District position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in their department. SECTION 33 - UNFAIR LABOR PRACTICE Either the District/County or the Association may file an Unfair Labor Practice, as defined in Chapter 34-22 of Resolution 81/1165, against the other. If not resolved in discussions between the parties, the parties may, but need not agree to have allegations of an Unfair Labor Practice heard by a mutually agreed upon impartial third party. SECTION 34 - ADOPTION The provisions of this Memorandum of Understanding shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 35 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 35.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding represents the full and complete incorporation of those proposals which were considered and evaluated pursuant to the meet and confer process. This Memorandum of Understanding constitutes the entire and sole agreement between the Parties on any and all matters that were presented during the meet and confer process. If a proposal was made by either Party and not incorporated within this Agreement, then it was considered and rejected. Any past side letters or any other agreements that are not incorporated into or attached to this MOU are deemed expired upon approval of this MOU by the Board of Directors. December 5, 2017 Conta Costa County Board of Supervisors Minutes 329 The Association understands and agrees that the County and/or District is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 35.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. 35.3 Personnel Management Regulations. Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall prevail. Those provisions of the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this Memorandum of Understanding and those provisions of the Personnel Management Regulations which are not within the scope of representation shall be considered in full force and effect. 35.4 Duration of Agreement. This Agreement shall continue in full force and effect from July 1, 2017 to and including June 30, 2020. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. Date: CCC Fire Protection District: United Chief Officers Association: (Signature / Printed Name) (Signature / Printed Name) / / / / / / / / / / / / / / December 5, 2017 Conta Costa County Board of Supervisors Minutes 330 UNITED CHIEF OFFICERS ASSOCIATION ATTACHMENT ATTACHMENT A CLASS & SALARY LISTING December 5, 2017 Conta Costa County Board of Supervisors Minutes 331 Job Code Class Title Flex Staff (F) / Deep Class (D)From To RPHE*Battalion Chief-40 Hour $12,356.80 $13,623.37 RPHA*Battalion Chief-56 Hour $12,356.80 $13,623.37 RPHD*Chief Fire Emergency Med Svcs $12,374.52 $13,642.90 * All classifications are Safety Salary Range December 5, 2017 Conta Costa County Board of Supervisors Minutes 332 UNITED CHIEF OFFICERS ASSOCIATION SUBJECT INDEX Accrual During Leave Without Pay ............................................................................. 17 Acting Battalion Chief Assignments ............................................................................ 15 Acting in a Higher Class .............................................................................................. 13 Additional Hours ......................................................................................................... 14 Adoption ...................................................................................................................... 56 Advance Notice ............................................................................................................. 6 Aggregate Use for Spouses ........................................................................................ 25 Anniversary Dates ......................................................................................................... 9 Annual Administrative Leave ...................................................................................... 15 Assignment of Classes to Bargaining Units .................................................................. 7 Association Dues Form ................................................................................................. 4 Association Notification ............................................................................................... 15 Association Recognition................................................................................................ 4 Association Representatives ......................................................................................... 8 Association Security...................................................................................................... 4 Attendance at Meetings ................................................................................................ 8 Battalion Chief Openings ............................................................................................ 55 Battalion Reassignments ............................................................................................ 53 Bilingual Pay Differential ............................................................................................. 52 CalPERS Health Plan Monthly Premium Subsidy....................................................... 29 Cause for Dismissal, Suspension, Demotion and Reduction in Salary ....................... 40 Certification ................................................................................................................. 25 Certification Requirements.......................................................................................... 49 Clarification on Time Limits of the Complaint Procedure ............................................ 45 Classes with Changed Probationary Periods .............................................................. 35 Coerced Resignations................................................................................................. 39 Commuter Benefit Program ........................................................................................ 49 Communicating With Employees .................................................................................. 5 Compensation Complaints .......................................................................................... 45 Compensation for Portion of Month ............................................................................ 11 Complaint Filing .......................................................................................................... 46 Constructive Resignation ............................................................................................ 39 Contra Costa Health Plan (CCHP) .............................................................................. 29 Credit Accrued and Charges Against Sick Leave ....................................................... 18 Days and Hours of Work ............................................................................................. 53 Deferred Compensation Incentive .............................................................................. 50 Definitions ..................................................................................................................... 2 Definitions (Days and Hours of Work) ........................................................................ 53 Definitions (Leave of Absence) ................................................................................... 25 Definitions for Service Awards and Vacation Accruals ............................................... 56 December 5, 2017 Conta Costa County Board of Supervisors Minutes 333 Dental Plan ................................................................................................................. 30 Dependent Care Assistance Program ........................................................................ 35 Designated Workweek and Work Schedules .............................................................. 53 Designation of Assignments ....................................................................................... 55 Discrimination Prohibited .............................................................................................. 7 Dismissal, Suspension, Demotion And Reduction in Salary ....................................... 40 District Dental Plan Premium Subsidy On and After January 1, 2014 ........................ 30 Dual Coverage ............................................................................................................ 33 Dues Deduction ............................................................................................................ 4 Duration (Probationary Period) ................................................................................... 35 Duration of Agreement ................................................................................................ 57 Educational Incentive Program ................................................................................... 50 Effective Resignation .................................................................................................. 39 Emergency Recall and Standby Differential ............................................................... 52 Employee Representation Rights ............................................................................... 46 Entrance Salary ............................................................................................................ 9 Extended Coverage .................................................................................................... 32 Family Care Leave or Medical Leave ......................................................................... 25 Fifty-Six (56) Hour Employees .................................................................................... 16 Forty (40) Hour Employees ......................................................................................... 16 General Administration – Leaves of Absence ............................................................. 23 General Provisions...................................................................................................... 16 General Terms (Certification Requirements) .............................................................. 49 General Terms (Holidays) ........................................................................................... 16 Group Health Plan Coverage ...................................................................................... 27 Health and Welfare, Life and Dental Care .................................................................. 28 Health Care Spending Account................................................................................... 34 Health Plan ................................................................................................................. 28 Holidays ...................................................................................................................... 15 Holidays Observed ...................................................................................................... 15 Increments Within Range ........................................................................................... 10 Intermittent Use of Leave ............................................................................................ 25 Layoff During Probation .............................................................................................. 37 Leave of Absence ....................................................................................................... 23 Leave of Absence Replacement and Reinstatement .................................................. 28 Leave Pending Employee Response .......................................................................... 42 Leave Without Pay...................................................................................................... 23 Leave Without Pay – Use of Accruals ........................................................................ 27 Letter of Reprimand .................................................................................................... 46 Life Insurance Benefit Under Health and Dental Plans............................................... 32 Life Insurance Contribution ......................................................................................... 32 December 5, 2017 Conta Costa County Board of Supervisors Minutes 334 List of Employees with Dues Deduction ........................................................................ 7 Long-Term Disability Insurance .................................................................................. 34 Longevity Pay ............................................................................................................. 49 Maintenance of Membership ........................................................................................ 5 Management Complaint Procedure ............................................................................ 43 Management Development Policy .............................................................................. 52 Management Life Insurance ....................................................................................... 34 Maximum Continuous Work Hours ............................................................................. 55 Merit Board ................................................................................................................. 46 Mileage ....................................................................................................................... 48 Military Leave .............................................................................................................. 24 Name ............................................................................................................................ 4 No Strike ..................................................................................................................... 46 Number of Shift Battalion Chiefs Off on Elective Leave ............................................. 23 Official Representatives ................................................................................................ 8 Other Terms of Employment ....................................................................................... 49 Overtime Compensation ............................................................................................. 14 Part-Time Compensation ............................................................................................ 11 Payment ...................................................................................................................... 13 Pay Warrant Errors ..................................................................................................... 13 Permanent Part-Time Employees ............................................................................... 16 Personnel Management Regulations .......................................................................... 57 PERS Long Term Care ............................................................................................... 34 Physical Examination as Part of Promotional Examination ........................................ 39 Policies Governing the Use of Paid Sick Leave .......................................................... 19 Position Reclassification ............................................................................................. 11 Pregnancy Disability Leave ......................................................................................... 27 Premium Conversion Plan .......................................................................................... 35 Premium Payments .................................................................................................... 32 Prevailing Section ....................................................................................................... 35 Probationary Period .................................................................................................... 35 Probationary Period Time ........................................................................................... 35 Procedure on Dismissal, Suspension or Disciplinary Demotion ................................. 42 Professional Development Reimbursement ................................................................ 52 Prohibited Uses of Paid Sick Leave ............................................................................ 22 Promotion ................................................................................................................... 37 Promotion Policy ......................................................................................................... 37 Promotion Via Reclassification Without Examination ................................................. 37 Pro-rated Accruals ...................................................................................................... 17 Purpose ...................................................................................................................... 18 Rate Information ......................................................................................................... 32 Recognition ................................................................................................................... 4 Regular Appointment .................................................................................................. 36 Reinstatement From Family Care/Medical Leave ....................................................... 28 December 5, 2017 Conta Costa County Board of Supervisors Minutes 335 Rejection During Probation ......................................................................................... 36 Rejection During Probation of Layoff Employee ......................................................... 36 Representation Outside of Association ....................................................................... 45 Required Certifications................................................................................................ 49 Requirements for Promotional Standing ..................................................................... 38 Resignations ............................................................................................................... 39 Resignation in Good Standing .................................................................................... 39 Retirement Contribution .............................................................................................. 46 Retirement Coverage .................................................................................................. 33 Revocation .................................................................................................................. 39 Safety .......................................................................................................................... 48 Safety Employees Retirement .................................................................................... 47 Salaries ......................................................................................................................... 9 Salary on Involuntary Demotion .................................................................................. 12 Salary on Promotion ................................................................................................... 12 Salary on Voluntary Demotion .................................................................................... 13 Salary Reallocation and Salary on Reallocation ......................................................... 11 Salary Review While on Leave of Absence ................................................................ 28 Schedule Reassignments ........................................................................................... 54 Scope of Adjustment Board and Arbitration Decisions ............................................... 44 Scope of Agreement ................................................................................................... 56 Scope of Agreement & Separability of Provisions ...................................................... 56 Seniority Credits.......................................................................................................... 38 Separability of Provisions ............................................................................................ 57 Service Awards ........................................................................................................... 55 Sick Leave .................................................................................................................. 18 Sick Leave Incentive Plan ........................................................................................... 22 Skelly Requirements ................................................................................................... 41 Special Assignment Pre-Approval .............................................................................. 53 Suspensions Without Pay ........................................................................................... 42 Time Reporting and Pay Practices Waiver ................................................................. 55 Training ....................................................................................................................... 50 Unauthorized Absence ............................................................................................... 28 Unfair Labor Practice .................................................................................................. 56 Uniform Allowance ...................................................................................................... 49 Use of District Buildings ................................................................................................ 6 Vacation Accrual Rates .............................................................................................. 17 Vacation Allowance for Separated Employees ........................................................... 18 Vacation Buy Back ...................................................................................................... 17 Vacation Leave ........................................................................................................... 16 Vacation Leave on Reemployment from a Layoff List ................................................ 18 Voluntary Vision Plan .................................................................................................. 35 Wages .......................................................................................................................... 9 Withdrawal of Membership ........................................................................................... 5 Written Statement for New Employees ......................................................................... 7 December 5, 2017 Conta Costa County Board of Supervisors Minutes 336 RECOMMENDATION(S): Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2017/389 regarding salary increases for unrepresented fire safety management classifications in the Contra Costa County Fire Protection District. FISCAL IMPACT: The estimated cost of this action and the companion management resolution is $68,000 for FY 2017/18 (seven months); $177,000 for FY 2018/19; and $218,000 for FY 2019/20. These costs include the reduction to employee paid pension subvention over the three years of $20,000, $35,000, and $35,000 respectively. The estimated cost of the three fiscal years is $463,000. BACKGROUND: Historically, the wages and benefits granted by the District to its unrepresented safety management employees have paralleled the wages and benefits negotiated by the District with the United Chief Officers' Association. On December 5, 2017, the Governing Body of the Contra Costa County Fire Protection District adopted a new memorandum of understanding (MOU) with the United Chief Officers' Association that included wage increases. Resolution No. 2017/389 increases the wages of unrepresented safety management classifications in order to retain parity with represented fire classifications. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Candace Andersen, District II 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Timothy Ewell, Senior Deputy County Administrator D.7 To:Contra Costa County Fire Protection District Board of Directors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Salary Resolution No. 2017/389 Increasing Salaries for Unrepresented Fire Safety Management December 5, 2017 Conta Costa County Board of Supervisors Minutes 337 BACKGROUND: (CONT'D) > In summary the resolution provides: Effective December 1, 2017 five percent (5%) increase; and Effective July 1, 2018 four percent (4%) increase. Additionally, the Contra Costa County Fire Management Resolution will be revised to include reductions in the employee share of employer cost of pension (pension subvention): Effective December 1, 2017 three percent (3%) reduction to employee paid pension subvention; Effective July 1, 2018 three (3%) decrease; and Effective July 1, 2019 three (3%) decrease. CONSEQUENCE OF NEGATIVE ACTION: The District could be detrimentally impacted by the potential loss of highly-trained personnel and it may become more difficult to attract candidates for promotion. AGENDA ATTACHMENTS Resolution No. 2017/389 MINUTES ATTACHMENTS Signed Resolution No. 2017/389 December 5, 2017 Conta Costa County Board of Supervisors Minutes 338 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT:Candace Andersen ABSTAIN: RECUSE: Resolution No. 2017/389 In the Matter of: Salary Increases for unrepresented Fire safety management classifications in the Contra Costa County Fire Protection District The Contra Costa County Board of Supervisors acting as the Governing Board of the Contra Costa County Fire Protection District RESOLVES THAT: The District will implement general salary increases for the classifications of Assistant Fire Chief-Exempt (RPB1); Assistant Fire Chief-Group 1 (RPBA); Deputy Fire Chief-Exempt (RPB2); Fire Marshal (RJGA); Fire Chief-Contra Costa (RPA1); Supervising Fire Inspector (RJHC): Effective December 1, 2017 five percent (5%) increase; and Effective July 1, 2018 four percent (4%) increase. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Timothy Ewell, Senior Deputy County Administrator 4 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 339 December 5, 2017 Conta Costa County Board of Supervisors Minutes 340 RECOMMENDATION(S): Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2017/392, which supersedes Resolution No. 2015/403, regarding compensation and benefits for unrepresented fire safety management classifications in the Contra Costa County Fire Protection District. FISCAL IMPACT: The fiscal impact of the reduction in employees paid pension subvention over three years is estimated to be $20,000, $35,000, and $35,000 respectively. BACKGROUND: The Management Resolution for the Contra Costa County Fire Protection District has been modified in the following ways: New section 2.31 Voluntary Vision Plan has been added to provide that active employees can enroll in a new voluntary, employee paid vision plan effective January 1, 2018. 1. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Candace Andersen, District II 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: December 5, 2017 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 D.8 To:Contra Costa County Fire Protection District Board of Directors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Contra Costa County Fire Management Resolution No. 2017/392, which Supercedes Resolution No. 2015/403 December 5, 2017 Conta Costa County Board of Supervisors Minutes 341 BACKGROUND: (CONT'D) > A new heading, Section 3, Transportation Expense has been added. Former Section 3 Mileage Reimbursementis now subsection 3.10. New subsection 3.11 Commuter Benefit Program has been added to provide employees the opportunity to set aside pre-tax dollars for qualified transportation expense. 2. Section 4.11 Safety Employees Retirement- Tier A- Employees Who Become Safety Members of CCCERA Before January 1, 2013 has been revised to gradually reduce the amount that employees pay toward the employer’s share of the cost for Safety Tier A retirement benefits and to eliminate the payment effective July 1, 2019. After that date, the employees will pay all of their share of the cost of Safety Tier A, and the District will pay all of its share. 3. Section 21 Fire Services Emergency Recall and Standby Differential has been revised to provide that effective January 1, 2018, there will be only one differential paid to employees assigned to standby and emergency recall duty. This five percent differential will be available only for those who are assigned such extra duty for a minimum of ten days each month. 4. CONSEQUENCE OF NEGATIVE ACTION: Benefits for District management employees will be significantly different than represented employees' benefits, potentially making it more difficult to attract candidates for promotion. AGENDA ATTACHMENTS Resolution No. 2017/392 Body of Fire Management Resolution No. 2017-392 MINUTES ATTACHMENTS Signed Resolution No. 2017/392 December 5, 2017 Conta Costa County Board of Supervisors Minutes 342 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT:Candace Andersen ABSTAIN: RECUSE: Resolution No. 2017/392 In the Matter Of: Compensation and Benefits for Contra Costa County Fire Protection District Unrepresented Fire Safety Management Employees The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the Contra Costa County Fire Protection District RESOLVES THAT: Effective upon adoption by the Board of Supervisors and continuing to June 30, 2020, and until further Order of the Board, the Board adopts the attached program of compensation and benefits for Contra Costa County Fire Protection District Unrepresented Safety Management employees in the classifications listed below. Except for Section 3 of Resolution No. 2002/615, this Resolution supersedes all previous resolutions providing compensation and benefits for the employees in classifications listed below, including but not limited to Resolution No. 2015/403. Assistant Fire Chief-Exempt (RPB1) Assistant Fire Chief-Group 1 (RPBA) Deputy Fire Chief-Exempt (RPB2) Fire Marshal (RJGA) Fire Chief-Contra Costa (RPA1) Supervising Fire Inspector (RJHC) Unless expressly provided otherwise, this Resolution is subject to the provisions of appropriate Administrative and Personnel Bulletins, the 1937 County Employees Retirement Act, the County Salary Regulations, and the County Personnel Management Regulations. Unrepresented safety management employees include employees in classified, exempt, and project classifications. This Resolution is organized in two parts to distinguish those general Fire District benefits provided to unrepresented safety management employees (Part I) and those benefits provided exclusively to the Fire Chief (Part II). Unless otherwise expressly provided, compensation and benefits under this Resolution are authorized only for permanent and project employees who work full time or part time, no less than twenty (20) hours per week. The full text of this Resolution is attached. Contact: Lisa Driscoll, County Finance Director, (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 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 4 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 343 December 5, 2017 Conta Costa County Board of Supervisors Minutes 344 1 RESOLUTION NO. 2017/392 TABLE OF CONTENTS Resolution No. 2017/392 I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES 1. Leaves With and Without Pay 1.10 Holidays (list of holidays observed by the District) 1.11 Definitions 1.12 Holidays 1.13 Holidays - Flexible Work Schedules 1.14 Holidays - Part-Time Employees 1.15 No Overtime Pay, Holiday Pay, or Comp Time 1.16 Personal Holiday Credit 1.17 Vacation 1.18 Sick Leave 1.19 Part-Time Employees 1.20 Family Care Leave 1.21 Leave Without Pay-Use of Accruals 2. Health and Dental Benefits 2.A. Health Plans 2.10 Health Plan Coverages 2.11 Contra Costa Health Plan (CCHP) 2.12 Health Plan Monthly Premium Subsidy 2.13 Retirement Coverage 2.14 Premium Payments 2.B. Dental and Life Insurance Plans 2.15 Dental Program 2.16 Dental Plan Premium Subsidy 2.17 Retirement Coverage 2.18 Life Insurance Benefit Under Health and Dental Plans 2.19 Supplemental Life Insurance 2.20 Premium Payments 2.21 Family Member Eligibility Criteria December 5, 2017 Conta Costa County Board of Supervisors Minutes 345 2 RESOLUTION NO. 2017/392 2.C. General Provisions 2.22 Extended Coverage 2.23 Rate Information 2.24 Dual Coverage 2.25 Catastrophic Leave Program 2.26 Health Care Spending Account 2.27 PERS Long-Term Care 2.28 Dependent Care Assistance Program 2.29 Premium Conversion Plan 2.30 Prevailing Section 2.31 Voluntary Vision Plan 3. Transportation Expense 3.10 Mileage Reimbursement 3.11 Commuter Benefit Program 4. Retirement Benefits 4.10 Contribution 4.11 Safety Employees Retirement- Tier A- Employees who Became Safety Members of CCCERA before January 1, 2013 4.12 Employees with More Than 30 Years of Continuous Service as Safety Members 4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees who Become Safety Members of CCCERA on or after January 1, 2013 5. 415H2 Participation 6. Training 6.10 Career Development Training Reimbursement 6.11 Management Development Policy 7. Bilingual Pay Differential 8. Higher Pay for Work in a Higher Classification 9. Other Terms and Conditions of Employment 9.10 Overtime Exempt Exclusion 9.11 Overtime 9.12 Length of Service Credits December 5, 2017 Conta Costa County Board of Supervisors Minutes 346 3 RESOLUTION NO. 2017/392 9.13 Mirror Classifications 9.14 Deep Classes 9.15 Administrative Provisions 10. Management Longevity Pay 11. Deferred Compensation 12. Annual Management Administrative Leave 13. Management Life Insurance 14. Vacation Buy Back 15. Professional Development Reimbursement 16. Sick Leave Incentive Plan 17. Video Display Terminal (VDT) Users Eye Examination 18. Long-Term Disability Insurance 19. Uniform Allowance 20. Fire Management Educational Allowance Program 21. Fire Services Emergency Recall and Standby Differential 22. Executive Professional Development Reimbursement II. BENEFITS FOR FIRE CHIEF 23. Automobile 24. Executive Life Insurance 25. Fire Management Educational Reimbursement 26. No Fire Services Emergency Recall and Standby Differential 27. No Vacation Buy Back 28. Modified Personal Holiday Credit Maximum December 5, 2017 Conta Costa County Board of Supervisors Minutes 347 1 of 22 RESOLUTION NO. 2017/392 I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES IN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 1. Leaves With and Without Pay 1.10 Holidays: The District will observe the following holidays during the term covered by this Resolution: New Year’s Day Labor Day Martin Luther King Jr. Day Veteran’s Day Washington’s Birthday Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Such other days as the Board of Supervisors may designate by Resolution as holidays. Any holiday observed by the District that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. 1.11 Definitions: Regular Work Schedule: The regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in a “workweek” as defined below. Workweek for Employees on Regular and Flexible Work Schedules: For employees on regular and flexible work schedules, the workweek begins at 12:01a.m. on Monday and ends at twelve midnight on Sunday. 1.12 Holidays Observed: Employees on regular and flexible work schedules are entitled to observe a holiday (day off work), without a reduction in pay, whenever a holiday is observed by the District. 1.13 Holidays – Flexible Work Schedules: When a holiday falls on the regularly scheduled day off of any employee who is on a flexible work schedule, the employee is entitled to take the day off, without a reduction in pay, in recognition of the holiday. These employees are entitled to request another day off within the same work week in recognition of their regularly December 5, 2017 Conta Costa County Board of Supervisors Minutes 348 2 of 22 RESOLUTION NO. 2017/392 scheduled day off. The requested day off must be within the same work week as the holiday and it must be pre-approved by the employee’s supervisor. If the day off is not approved by the supervisor, it is lost. If the approved day off is a nine (9) hour workday, the employee must use one (1) hour of non-sick-leave accruals. If the approved day off is a ten (10) hour workday, the employee must use two (2) hours of non-sick-leave accruals. If the employee does not have any non-sick-leave accrual balances, leave without pay (AWOP) will be authorized. 1.14 Holidays – Part-Time Employees: Permanent, part-time employees are entitled to observe a holiday (day off work) in the same ratio as the number of hours in the part-time employee’s schedule bears to forty (40) hours. 1.15 No Overtime Pay, Holiday Pay, or Comp Time: Employees are not entitled to receive overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Employees who are unable or not permitted to observe a holiday (take the day off), are authorized to receive overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion List (see Section 9.10). 1.16 Personal Holiday Credit: Employees are entitled to accrue two (2) hours of personal holiday credit each month. This time is prorated for part-time employees. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from District service, employees are paid for any unused personal holiday credits at the employee’s then current rate of pay, up to a maximum of forty (40) hours. 1.17 Vacation: Employees are entitled to accrue paid vacation credit not to exceed the maximum cumulative hours as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 December 5, 2017 Conta Costa County Board of Supervisors Minutes 349 3 of 22 RESOLUTION NO. 2017/392 Each employee is eligible to accrue increased vacation hours on the first day of the month following the employee’s Service Award Date. An employee’s Service Award Date is the first day of his/her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in accordance with the provisions of the County Salary Regulations and District Personnel Bulletin No. 21 (Sick Leave Policy) adopted on August 10, 1995, as periodically amended. 1.19 Part-Time Employees: Part-time employees are entitled to accrue paid vacation and sick leave credit on a pro-rata basis. 1.20 Family Care Leave: The provisions of Section 1006.3 of the Contra Costa County Personnel Management Regulations and Resolution No. 94/416, as amended, relating to Leaves of Absence and Family Care Medical Leave apply to all employees covered by this Resolution. 1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of the Contra Costa County Personnel Management Regulations, as amended, relating to use of accruals while on leave without pay, apply to all employees covered by this Resolution. 2. Health, Dental and Related Benefits 2.A. Health Plans 2.10 Health Plan Coverages: Group health benefits through the California Public Employees’ Retirement System (CalPERS) are provided for all permanent full-time employees. The CalPERS health care program, as regulated by the Public Employees’ Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to PEMHCA and the administration of PEMHCA by CalPERS, controls on all health plan issues, including but not limited to eligibility, benefit levels, benefit plans, minimum premium subsidies, and costs. 2.11 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, employees and COBRA counterparts may elect to enroll in CCHP under the CalPERS plan rules and regulations. December 5, 2017 Conta Costa County Board of Supervisors Minutes 350 4 of 22 RESOLUTION NO. 2017/392 2.12 Health Plan Monthly Premium Subsidy: The District’s subsidies to the CalPERS monthly health plan premiums are as provided below. The employee must pay any Health Plan premium costs that are greater than the District’s subsidies identified below. a. Health Plan Premium Subsidy: 1. District Premium Subsidy through November 30, 2015. Beginning on January 1, 2010, and through November 30, 2015, the amount of the District premium subsidy that is paid for employees and eligible family members is a set dollar amount and is not a percentage of the premium charged by the plan. The District will pay the CalPERS statutory minimum employer monthly health plan premium subsidy or the following monthly health plan premium subsidy, whichever is greater: Employee/Retiree/Survivor Only $478.69 Employee/Retiree/Survivor & One Dependent $957.38 Employee/Retiree/Survivor & Two or more Dependents $1228.67 2. District Premium Subsidy through November 30, 2016. For the plan year that begins on January 1, 2016, the District will contribute up to an amount equivalent to eighty percent (80%) of the 2016 CalPERS Kaiser premium at each level (employee only, employee + 1, employee + 2 or more) towards the covered employee’s CalPERS or CalPERS Alternative Plan (CCHP) premium. 3. District Premium Subsidy On and After December 1, 2016. For the plan year that begins on January 1, 2017, the District will pay a monthly premium subsidy for each health plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for that plan as of November 30, 2016. In addition, if there is an increase in the monthly premium charged by a health plan for 2017, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, and for each plan, the District and the employee will each pay fifty percent (50%) of the monthly premium increase above the 2016 plan premiums. b. In the event that the District premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health or dental plan, for any plan year, the District’s subsidy will not exceed one hundred percent (100%) of the applicable plan premium. 2.13 Retirement Coverage: Government Code section 22892 applies to all employees covered by this Resolution. December 5, 2017 Conta Costa County Board of Supervisors Minutes 351 5 of 22 RESOLUTION NO. 2017/392 2.14 Premium Payments: Employee participation in any health plan is contingent upon the employee authorizing payroll deduction by the District of the employee’s share of the premium cost. If an employee’s compensation in any month (including during a leave of absence) is not sufficient to pay the employee share of the premium, the employee must pay the difference to the Auditor-Controller. The responsibility for this payment rests solely with the employee. 2.B. Dental and Life Insurance Plans 2.15 Dental Program: Every permanent employee may participate in any available County Group Dental Plan. The District may change dental plan providers at any time during the term of this resolution. 2.16 Dental Plan Premium Subsidy: The dental plan premium subsidies set forth below are provided only for permanent full-time employees and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week. The employee will pay any dental plan costs that are greater than the District’s premium subsidies set forth below. a. Beginning on January 1, 2010, and for each calendar year thereafter, the amount of the District premium subsidy that is paid for employees and eligible family members is a set dollar amount and is not a percentage of the premium charged by the dental plan. The District will pay the following monthly dental plan premium subsidies: Delta Dental with CCHP A or B: Single: $41.17 Family: $93.00 Delta Dental with any CalPERS health plan Single: $34.02 Family: $76.77 Delta Dental without a health plan Single: $43.35 Family: $97.81 DeltaCare (PMI) with CCHP A or B Single: $25.41 Family: $54.91 DeltaCare (PMI) with any CalPERS health plan Single: $21.31 Family: $46.05 December 5, 2017 Conta Costa County Board of Supervisors Minutes 352 6 of 22 RESOLUTION NO. 2017/392 DeltaCare (PMI) without a health plan Single: $27.31 Family: $59.03 b. If the District contracts with another dental plan, the District will determine the monthly dollar premium subsidy that it will pay to that dental plan for employees and their eligible family members. c. In the event that the District premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any dental plan, for any plan year, the District’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 2.17 Retirement Coverage: a. Upon Retirement: 1. Upon retirement and for the term of this resolution, employees and their eligible family members may remain in their District dental plan, but without District-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the District contracted dental plans, or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The District will pay the dental plan monthly premium subsidies set forth in Section 2.16, subsection a., for eligible retirees and their eligible family members. 2. For employees hired on or after January 1, 2009 and their eligible family members, no monthly premium subsidy will be paid by the District for any dental plan after they separate from District employment. Upon completion of fifteen (15) years of service as an employee of the District, an employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of any District dental plan, provided that (I) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from District employment and (ii) he or she pays the full premium cost under the chosen dental plan without any District premium subsidy. For purposes of retiree dental eligibility, one year of service is defined as one thousand (1,000) hours worked within one District anniversary year. 3. For purposes of this section 2.17 only, “eligible family members” does not include Survivors of employees or retirees. December 5, 2017 Conta Costa County Board of Supervisors Minutes 353 7 of 22 RESOLUTION NO. 2017/392 2.18 Life Insurance Benefit Under Health and Dental Plans: For employees who are enrolled in a District sponsored health or dental plan as either the primary insured or a dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the District. 2.19 Supplemental Life Insurance: In addition to the life insurance benefits provided by this resolution, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand dollars ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 2.20 Premium Payments: Employee participation in any dental or life insurance plan is contingent upon the employee authorizing payroll deduction by the District of the employee’s share of the premium cost. The District’s subsidy to the dental and life insurance premium is payable monthly. If an employee’s compensation in any month (including during a leave of absence) is not sufficient to pay the employee share of the premium, the employee must pay the difference to the Auditor-Controller. The responsibility for this payment rests solely with the employee. 2.21 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a dental plan Subscriber: 1. Eligible Dependents: a. Employee’s legal spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: (1) under age 19; or (2) Age 19 or above, but under age 24; and who I. Resides with the employee for more than 50% of the year, excluding time living at school; and, ii. Receives at least 50% of support from employee; and iii. Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s disabled child who is over age 19, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. December 5, 2017 Conta Costa County Board of Supervisors Minutes 354 8 of 22 RESOLUTION NO. 2017/392 2. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 2.C. General Provisions 2.22 Extended Coverage: a. An employee on approved leave without pay for more than thirty (30) days may continue his/her health/dental/life insurance coverage provided that the employee pays his/her share of the monthly premium during said leave. b. An employee who separates from District employment is covered by his/her District health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from District employment may continue Group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. 2.23 Rate Information: The County-Benefits Service Unit will make dental plan rate information and, to the extent possible, CalPERS health plan rate information available to employees and departments, upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and departments information about rate changes as they occur during the year. 2.24 Dual Coverage: a. Each employee and retiree may be covered only by a single District health (or dental) plan, including a CalPERS plan. For example, a District employee may be covered under a single District health and/or dental plan as either the primary insured or the dependent of another District employee or retiree, but not as both the primary insured and the dependent of another District employee or retiree. b. All dependents may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are District employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. c. For purposes of Section 2.24, only, “District” includes the County of Contra Costa, the Contra Costa County Fire Protection District, and all other special districts governed by the Board of Supervisors. December 5, 2017 Conta Costa County Board of Supervisors Minutes 355 9 of 22 RESOLUTION NO. 2017/392 2.25 Catastrophic Leave Program: All employees are included in the District’s Program and may designate a portion of their accrued vacation, administrative leave or personal holiday credit to be deducted from existing balances and credited to a specific eligible employee. To utilize this program, all recipient requests must be submitted to the Fire Chief for review and recommendation to the County Administrator. The County Administrator will make final decision as to approval or denial of the request to use accruals in the Catastrophic Leave Bank. 2.26 Health Care Spending Account: After six (6) months of permanent employment, employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre- determined amount of money from their pay, before taxes, for health care expenses not reimbursed by any other health benefit plan. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 2.27 PERS Long-Term Care: The District will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long-Term Care Program. 2.28 Dependent Care Assistance Program: The District will continue to offer the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 2.29 Premium Conversion Plan: The District will continue to offer a Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 2.30 Prevailing Section: To the extent that any provision of this Section (Section 2. Health, Dental and Related Benefits) is inconsistent with any provision of any other District or County enactment or policy, including Administrative Bulletins, County Salary Regulations, and County Personnel Management Regulations, or any other resolution or order of December 5, 2017 Conta Costa County Board of Supervisors Minutes 356 10 of 22 RESOLUTION NO. 2017/392 the Board of Supervisors, acting in any of its various capacities including as the Governing Board of the Contra Costa County Fire Protection District, the provisions of this Section (Section 2. Health, Dental and Related Benefits) will prevail. 2.31 Voluntary Vision Plan: Beginning no earlier than the 2018 plan year, active permanent full-time and active permanent part-time employees will be offered the opportunity to enroll in a voluntary vision plan. Employees will pay the full premium costs of the plan. The District will contract with a provider for a voluntary vision plan with no co-pays. The vision plan is not available to temporary or permanent intermittent employees. 3. Transportation Expense 3.10 Mileage Reimbursement: The District will pay a mileage allowance for the use of personal vehicles on District business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible expense, adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the IRS, whichever is later. 3.11 Commuter Benefit Program: The District will offer employees the option of enrolling in an employee-funded qualified transportation (commuter) benefit program designed to qualify for tax savings under section 132 (f) of the Internal Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will allow employees to set aside pre-tax dollars for qualified transportation expenses to the extent and amount allowed by the Internal Revenue Service. 4. Retirement Benefits 4.10 Contribution. Employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contribution determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association, without the District paying any part of the employees’ share. Employees are also responsible for payment of the employees’ contribution for the retirement cost-of-living program as determined annually by the Board of Retirement, without the District paying any part of the employees’ contribution. 4.11 Safety Employees Retirement- Tier A- Employees Who Became Safety Members of CCCERA Before January 1, 2013. The retirement formula of “3 percent at 50" applies to all employees who became Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012. The cost-of-living adjustment (COLA) to December 5, 2017 Conta Costa County Board of Supervisors Minutes 357 11 of 22 RESOLUTION NO. 2017/392 the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. This retirement benefit will be known as Safety Tier A. a. Until December 1, 2017, each employee will pay nine percent (9%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. b. For the period of December 1, 2017, through and including June 30, 2018, each employee in Tier A will pay six percent (6%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. c. For the period of July 1, 2018, through and including June 30, 2019, each employee will pay three percent (3%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. d. Effective on July 1, 2019, each employee’s payment of three percent (3%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits will cease. e. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. 4.12 Employees with More Than 30 Years of Continuous Service as Safety Members- Tier A. Beginning on January 1, 2008 and pursuant to Government Code section 31664.1, current and future employees in classifications that are governed by this Resolution and designated by the Contra Costa County Employees’ Retirement Association as safety members with credit for more than thirty (30) years of continuous service as safety members, will not make payments from their retirement base to pay part of the employer’s contribution towards the cost of Safety Tier A. 4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees Who Become Safety Members of CCCERA on or after January 1, 2013. a. For employees who become Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and PEPRA Safety Option Plan Two (2.7% @ 57) applies. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. December 5, 2017 Conta Costa County Board of Supervisors Minutes 358 12 of 22 RESOLUTION NO. 2017/392 b. For employees who, under PEPRA, become Safety New members of CCCERA on or after January 1, 2016, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. c. Sections 4.11 and 4.12, above, apply to employees who, under PEPRA, become reciprocal Safety Members of CCCERA in Tier A, as determined by CCCERA. 5. 414H2 Participation The District will continue to implement Section 414(h) (2) of the Internal Revenue Code which allows the Auditor-Controller to reduce the gross monthly pay of employees by an amount equal to the employee’s total contribution to the County Retirement System before Federal and State income taxes are withheld, and forward that amount to the Retirement System. This program of deferred retirement contribution is universal and non-voluntary. 6. Training 6.10 Career Development Training Reimbursement: All full-time employees are eligible for career development training reimbursement not to exceed seven hundred fifty dollars ($750) per fiscal year. The reimbursement of training expenses includes books and is governed by any Administrative Bulletins on Travel or Training. 6.11 Management Development Policy: Employees are authorized to attend professional training programs, seminars, and workshops, during normal work hours at the discretion of their Fire Chief, for the purpose of developing knowledge, skills, and abilities, in the areas of supervision, management, and County/District policies and procedures. Up to thirty (30) hours of such training time is recommended annually. a. The District is encouraged to provide for professional development training exceeding thirty (30) hours annually for people newly promoted to positions of direct supervision. b. Priority is given to professional training programs offered through the County Training Institute. Other related and appropriate training/education resources approved by the District are also allowable. c. To encourage personal and professional growth, the District provides reimbursement for certain expenses incurred by employees for job-related training (required training and career development training/education). Provision for eligibility and reimbursement identified in Administrative Bulletin 112.9. December 5, 2017 Conta Costa County Board of Supervisors Minutes 359 13 of 22 RESOLUTION NO. 2017/392 d. The Fire Chief is responsible for authorization of individual professional development reimbursement requests. Reimbursement is through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 7. Bilingual Pay Differential: A monthly salary differential will be paid to incumbents of positions requiring bilingual proficiency as designated by the Fire Chief and the Contra Costa County Director of Human Resources. The differential will be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential is one hundred dollars ($100.00) per month. The designation of positions for which bilingual proficiency is required is the sole prerogative of the District/County, and such designations may be amended or deleted at any time. 8. Higher Pay for Work in a Higher Classification: The County Salary Regulations notwithstanding, when an employee is required to work in a higher paid classification, the employee will receive the higher compensation for such work, pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in his/her regular position. Unless the Board has by Resolution otherwise specified, the higher pay entitlement will begin on the 41st consecutive hour in the assignment. 9. Other Terms and Conditions of Employment: 9.10 Overtime Exempt Exclusion: Employees in unrepresented classifications are overtime exempt and are not eligible for overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Instead, these employees are awarded Annual Management Administrative Leave in recognition of the extra burden their job responsibilities may sometimes place on their work schedules. However, unrepresented employees may be made eligible for overtime pay if their names are placed on the Overtime Exempt Exclusion List by the County Administrator’s Office. Employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay only. These employees are NOT eligible for holiday pay, overtime compensatory time, or holiday compensatory time. Employees on the Overtime Exempt Exclusion List are also NOT eligible for Annual Management Administrative Leave for the quarter they are on the Overtime Exempt Exclusion List. The policies and procedures for the Overtime Exempt Exclusion List are set forth in the County Administrator’s memo of November 6, 2002. December 5, 2017 Conta Costa County Board of Supervisors Minutes 360 14 of 22 RESOLUTION NO. 2017/392 9.11 Overtime: Employees on the Overtime Exempt Exclusion List will be compensated at one and one-half (1.5) times their base rate of pay (excluding differentials) for authorized work exceeding eight (8) hours in a day or forty (40) hours in a week. 9.12 Length of Service Credits: Length of service credit will date from the beginning of the last period of continuous County/District employment, including temporary, provisional and permanent status and absences on an approved leave of absence; except that when an employee separates from a permanent position in good standing and is subsequently re- employed in a permanent County/District position within two (2) years from date of separation, the period of separation will be bridged. Under these circumstances, the service credits will include all credits accumulated at time of separation but will not include the period of separation. The service credits of an employee are determined from employee status records maintained by the Human Resources Department. 9.13 Mirror Classifications: As determined by the Director of Human Resources, employees in unrepresented job classifications that mirror management, represented or unrepresented job classifications may receive the salary and fringe benefits that are received by employees in the comparable mirror classifications. 9.14 Deep Classes: No provision of this Resolution regarding terms and conditions of employment supersedes any provision in any Deep Class Resolution. 9.15 Administrative Provisions: The County Administrator may establish guidelines, bulletins or directives as necessary to further define or implement the provisions of this resolution. 10. Management Longevity Pay 10.10 Ten Years of Service: Employees who have completed ten (10) years of service for the District are eligible to receive a two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. December 5, 2017 Conta Costa County Board of Supervisors Minutes 361 15 of 22 RESOLUTION NO. 2017/392 10.11 Fifteen Years of Service: Employees who have completed fifteen (15) years of service for the District are eligible to receive an additional two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the fifteen (15) year service award. For employees who completed fifteen (15) years of service on or before January 1, 2008, this longevity differential will be paid prospectively only from January 1, 2008. 11. Deferred Compensation A. Deferred Compensation Incentive. The District will contribute eighty five dollars ($85) per month to each employee who participates in the County’s Deferred Compensation Plan. To be eligible for this incentive, the employee must contribute to the deferred compensation plan as indicated below: Monthly Contribution Employees with Qualifying Base Required to Maintain Current Monthly Contribution Incentive Program Salary of: Amount Eligibility $2,500 and below $250 $50 $2,501 - 3,334 $500 $50 $3,335 - 4,167 $750 $50 $4,168 - 5,000 $1,000 $50 $5,001 - 5,834 $1,500 $100 $5,835 - 6,667 $2,000 $100 $6,668 and above $2,500 $100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the eighty five dollar ($85) District supplement. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, will not be required to reestablish eligibility. B. Eligibility for Loan Program. All employees are eligible to apply for loans from the Contra Costa County Deferred Compensation Plan loan program established by the Board of Supervisors on June 26, 2012, by Resolution No. 2012/298. December 5, 2017 Conta Costa County Board of Supervisors Minutes 362 16 of 22 RESOLUTION NO. 2017/392 12. Annual Management Administrative Leave a. On January 1st of each year, full-time employees will be credited with ninety four (94) hours of paid Management Administrative Leave. This time is non-accruable and all balances will be zeroed out on December 31 of each year. b. Permanent part-time employees are eligible for Management Administrative Leave on a prorated basis, based upon their position hours. Permanent-intermittent employees are not eligible for Management Administrative Leave. c. Employees appointed (hired or promoted) to unrepresented management positions are eligible for Management Administrative Leave on the first day of the month following their appointment date and will receive Management Administrative Leave on a prorated basis for that first year. d. Employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by twenty-five percent (25%) each time the employee is on the List. The twenty-five percent (25%) reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Annual Management Administrative Leave. 13. Management Life Insurance Employees are covered at District expense by term life insurance in the amount of fifty seven thousand dollars ($57,000) in addition to the insurance provided under Section 2.18. 14. Vacation Buy Back A. For Employees Hired Before October 1, 2011: Until close of business on September 30, 2011, employees hired before October 1, 2011, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once in each calendar year; (2) payment is based on an hourly rate determined by dividing the employee’s monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any calendar year is one-third (1/3) of the annual accrual. On and after October 1, 2011, employees hired before October 1, 2011, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once every December 5, 2017 Conta Costa County Board of Supervisors Minutes 363 17 of 22 RESOLUTION NO. 2017/392 thirteen (13) months and there must be at least 12 full months between each election; (2) payment is based on an hourly rate determined by dividing the employee’s monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any one sale is one-third (1/3) of the annual accrual. Where a lump-sum payment is made to employees as a retroactive general salary adjustment for a portion of a calendar year that is subsequent to the exercise by an employee of the vacation buy-back provision herein, that employee’s vacation buy-back will be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed, provided that the period covered by the lump-sum payment includes the effective date of the vacation buy-back. B. For Employees Hired On and After October 1, 2011: Employees hired on and after October 1, 2011, may not elect payment of their vacation accruals, unless the employee was eligible for a Vacation Buy Back benefit before being promoted into any classification covered by this Resolution. 15. Professional Development Reimbursement With the exceptions of the Fire Chief, Assistant Chief(s), and Deputy Fire Chief, employees are eligible for reimbursement of up to six hundred twenty- five dollars ($625) for calendar year 2008 and for each two (2) year period thereafter, for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Fire Chief approval, provided each employee complies with the provisions of the County’s Computer Use and Security Policy adopted by the Board of Supervisors and manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Individual professional development reimbursement requests must be approved by the Fire Chief. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 16. Sick Leave Incentive Plan Employees may be eligible for a payoff of a part of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick December 5, 2017 Conta Costa County Board of Supervisors Minutes 364 18 of 22 RESOLUTION NO. 2017/392 leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources, and is subject to the following conditions: a. The employee must have resigned in good standing. b. Payout is not available if the employee is eligible to retire. c. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment, excluding any sick leave use covered by the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. d. Payout is by the following schedule: Years of Payment Continuous Service Payment of Unused Sick Leave Payable 3 – 5 years 30% 5 – 7 years 40% 7 plus years 50% e. No payoff will be made pursuant to this section unless the Contra Costa County Employees’ Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in, and has withdrawn his or her contributions from, the Retirement Association. f. It is the intent of the Board of Supervisors that payments pursuant to this section preclude County retirement benefits resulting from employment by this County/District governed by the Board. 17. Video Display Terminal (VDT) Users Eye Examination Employees are eligible to receive an annual eye examination on District time and at District expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by the Fire District. Employees certified for examination under this program must make their request through the Benefits Service Unit of the County Human Resources Department. Should prescription VDT eyeglasses be prescribed for the employee following the examination, the District agrees to provide, at no cost, basic VDT eyewear consisting of a fifty dollar ($50) frame and single, bifocal or trifocal lenses. Employees may, through individual arrangement between the employee and the employee’s doctor and solely at the employee’s December 5, 2017 Conta Costa County Board of Supervisors Minutes 365 19 of 22 RESOLUTION NO. 2017/392 expense, include blended lenses and other care, services or materials not covered by the Plan. 18. Long-Term Disability Insurance The County will continue in force the Long-Term Disability Insurance program with a replacement limit of eighty-five (85%) of total monthly base earnings reduced by any deductible benefits. 19. Uniform Allowance Effective October 1, 2015, the monthly uniform allowance for all employees in classes for which a uniform is required shall be fifty-four dollars and fifty cents ($54.50) per month. 20. Fire Management Educational Allowance Program Employees in the specified Fire District management classifications who possess the certificates or educational degrees set forth below and/or meet the continuing educational requirements set forth below, are eligible for professional development educational allowances under the conditions set forth below. This program is intended to encourage the professional development of eligible Fire District Management personnel. Only the following classifications are eligible to participate in this educational allowance program: Assistant Fire Chief–Exempt (RPB1) Deputy Fire Chief- Exempt (RPB2) Fire Marshal (RJGA) Supervising Fire Inspector (RJHC) Only the following job-related certificates and degrees are eligible for this program: a. A Certificate of Achievement in Fire Technology, Business Administration, Management and Supervision, or a related field from an accredited college. b. An Associated of Arts or Science Degree from an accredited college with a major in Fire Technology, Business Administration, Management and Supervision, or a related field. c. A Chief Officer Certificate issued by the Office of the State Fire Marshal. d. A Baccalaureate Degree from an accredited college or university with a major in Business, Public Administration, or a related field. December 5, 2017 Conta Costa County Board of Supervisors Minutes 366 20 of 22 RESOLUTION NO. 2017/392 All allowances will be designated as either temporary or permanent and will be awarded in increments of two and one-half percent (2.5%) times the employee’s base rate of pay. The combined temporary and permanent educational allowances awarded to any employee may not exceed seven and one-half percent (7.5%) times the employee’s base rate of pay. The following conditions must be satisfied in order to earn the designated allowance: Temporary Allowance A temporary allowance of two and one-half percent (2.5%) times the employee’s base rate of pay may be awarded for annually completing at least forty (40) hours of pre-approved education or training or at least three (3) pre- approved college semester units (or equivalent quarter units), or a pre- approved combination thereof, in pursuit of any one of the certificates or degrees set forth in options (a) through (d) above or as pre-approved by the Fire Chief. A temporary allowance is effective for a period of only twelve (12) months, commencing on the first day of the month after proof of completion of course work is received and approved by the Fire Chief or designee. Temporary allowances automatically terminate at the end of month twelve (12). Permanent Allowances A permanent allowance of two and one-half percent (2.5%) times the employee’s base rate of pay may be awarded for possession of one (1) of the certificates or degrees set forth in options (a) through (d) above. Only one (1) two and one-half percent (2.5%) permanent allowance is available within this category. In the alternative, a permanent allowance of five percent (5%) may be awarded for possession of those certificates or degrees in the following combinations only: (1) options (b) and (c) or (2) options (a) and (d). An employee receiving the five percent (5%) permanent allowance may not also receive the two and one-half percent (2.5%) permanent allowance. This program is subject to appropriate administrative guidelines and controls promulgated by the Fire Chief and approved by the Director of Human Resources to ensure that the standards set forth herein are met. Verification of eligibility must be by the Fire Chief or designee. Payment of any of the allowances set forth herein begins on the first day of the month December 5, 2017 Conta Costa County Board of Supervisors Minutes 367 21 of 22 RESOLUTION NO. 2017/392 following the month in which the Fire Chief verifies eligibility for that allowance. 21. Fire Services Emergency Recall and Standby Differential Effective through December 31, 2017, each employee assigned to standby and emergency recall duty for a minimum of two (2) weeks each month is eligible for a salary differential in the amount of five percent (5%) times the employee’s base rate of pay. Each employee assigned to standby and emergency recall duty for one (1) week in each four (4) consecutive week period is eligible to receive a differential in the amount of two and one-half percent (2.5%) times the employee’s base rate of pay. Effective January 1, 2018, each employee assigned to standby and emergency recall duty for a minimum of ten (10) days each month is eligible for a salary differential of five percent (5%) times the employee’s base rate of pay. 22. Executive Professional Development Reimbursement In lieu of the benefits provided in Section 15, the Fire Chief, Assistant Chief(s), and Deputy Fire Chief are eligible for reimbursement of up to nine hundred twenty-five dollars ($925) for calendar year 2008 and for each two (2) year period thereafter, for memberships in professional organizations, subscriptions to professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Fire Chief approval, provided each employee complies with the provisions of the County’s Computer Use and Security Policy adopted by the Board of Supervisors and manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Individual professional development reimbursement requests must be approved by the Fire Chief. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment (copy of invoice or cancelled check). Certifications regarding compliance with County’s Computer Use and Security Policy may be required. December 5, 2017 Conta Costa County Board of Supervisors Minutes 368 22 of 22 RESOLUTION NO. 2017/392 II. BENEFITS FOR FIRE CHIEF As the Chief Officer of the Fire District and an Appointed Department Head, the Fire Chief receives the benefits provided under Part I, except as modified below: 23. Automobile The District will provide the Fire Chief with an appropriate vehicle. The Fire Chief is not eligible for an Automobile Allowance. 24. Executive Life Insurance In lieu of the insurance provided in Part I, Section 13, the Fire Chief is covered, at District expense, by term life insurance in the amount of sixty thousand dollars ($60,000), additional to the insurance provided under Section 2.18. 25. Fire Management Educational Reimbursement The Fire Chief is entitled to be reimbursed by the District for all Fire Management educational expenses (tuition, fees, books, and the like) incurred by the Fire Chief during his tenure as Fire Chief. 26. No Fire Services Emergency Recall and Standby Differential The Fire Chief is not eligible for the Fire Services Emergency Recall and Standby Differential set forth in Part I, Section 21 of this Resolution. 27. No Vacation Buy Back The Fire Chief is not eligible for the Vacation Buy Back plan set forth in Part I, Section 14 of this Resolution. 28. Modified Personal Holiday Credit Maximum Notwithstanding Section 1.16 in Part I, the Fire Chief may accrue no more than twenty four (24) hours of personal holiday credit. Further, on separation from District service, the Fire Chief will be paid for any unused personal holiday credits at his/her current rate of pay, up to a maximum of twenty four (24) hours. [end] December 5, 2017 Conta Costa County Board of Supervisors Minutes 369 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute Contract Change Order No. 1 (CCO #1) with GradeTech, Inc., and Hess Concrete Construction Co., Inc., to increase the payment limit from $500,000 to $1,000,000 each, and to extend the completion dates for each contract from December 6, 2017 to December 6, 2018, for the 2017 On-Call Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, Countywide. FISCAL IMPACT: 100% Local Road, Flood Control District and Airport Funds. BACKGROUND: On December 6, 2016, the County awarded on-call contract(s) for various road, flood control, and airport maintenance work to supplement the maintenance crews’ routine and emergency work, for a total allotted amount of $1,000,000, in the following priority order: GradeTech, Inc., in a not-to-exceed amount ($500,000) and unit prices submitted in the bid ($1,193.00 Total Unit Price); Hess Concrete Construction Co., Inc., in a not-to-exceed APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chris Lau, (925) 313-7002 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 1 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve and Authorize the execution of CCO #1 for the On-Call Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, Countywide. December 5, 2017 Conta Costa County Board of Supervisors Minutes 370 BACKGROUND: (CONT'D) amount ($500,000) and unit prices submitted in the bid ($1,484.00 Total Unit Price); The on-call contracts became effective on December 6, 2016, and expires on December 6, 2017. Due to the large amount of unforeseen infrastructure damage caused by last winter’s storms and the resulting maintenance backlog, the existing payment limit for these contracts is close to being exceeded. It is necessary to increase the contract payment limit for GradeTech, Inc.’s and Hess Concrete Construction Co., Inc.’s, from $500,000 to $1,000,000 each. CCO #1 has been prepared to cover the proposed increases and to authorize payment for road, flood control, and airport maintenance work performed on or after September 15, 2017. The Public Works Department is requesting the contract values be increased and the term extended to December 6, 2018 to accommodate the maintenance backlog. To enable timely payment to GradeTech, Inc., and Hess Concrete Construction Co., Inc., the Interim Public Works Director recommends that the Board approve CCO #1 and authorize the Interim Public Works Director, or designee, to sign it for the County. The increased contract amount for GradeTech, Inc., and Hess Concrete Construction Co., Inc., will increase the total allotted amount for road, flood control, and airport maintenance work to $2,000,000. CONSEQUENCE OF NEGATIVE ACTION: These contracts have a term of one year (with the option of two one-year extensions) and once the available contract capacity is used, there is no remaining contract capacity for on-call routine and emergency work for the remainder of the term. Failure to approve CCO #1 would prevent the Public Works Department from completing routine road, flood control, and airport maintenance work in a timely manner and preclude payment to GradeTech, Inc., and Hess Concrete Construction Co., Inc., for compensation due to them for completing road, flood control and airport maintenance work. ATTACHMENTS CCO 1 - GradeTech CCO 1 - Hess December 5, 2017 Conta Costa County Board of Supervisors Minutes 371 December 5, 2017 Conta Costa County Board of Supervisors Minutes 372 December 5, 2017 Conta Costa County Board of Supervisors Minutes 373 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute Contract Change Order No. 1 (CCO #1) with Engineered Soil Repairs, Inc., to increase the payment limit from $300,000 to $600,000, and to extend the completion date from December 6, 2017 to December 8, 2018, for the 2017 On-Call Contract for Various Road, Flood Control, and Airport Maintenance Work, Countywide. FISCAL IMPACT: 100% Local Road, Flood Control District and Airport Funds. BACKGROUND: On December 6, 2016, the County awarded an on-call contract to Engineered Soil Repairs, Inc., in a not-to-exceed amount of $300,000, and unit prices submitted in the bid ($1,614.25 Total Unit Price), for various road, flood control, and airport maintenance work to supplement the maintenance crews’ routine and emergency work. The on-call contract became effective on December 6, 2016, and expires on December 6, 2017. Due to the large amount of unforeseen infrastructure damage caused by last winter’s storms and the resulting APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chris Lau, (925) 313-7002 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve and Authorize the execution of CCO #1 for the On-Call Contract for Various Road, Flood Control and Airport Maintenance Work, Countywide. December 5, 2017 Conta Costa County Board of Supervisors Minutes 374 BACKGROUND: (CONT'D) maintenance backlog, the existing payment limit for the contract is close to being exceeded. It is necessary to increase the contract payment limit from $300,000 to $600,000. CCO #1 has been prepared to cover the proposed increase and to authorize payment for road, flood control, and airport maintenance work performed on or after September 15, 2017. The Public Works Department is requesting the contract value be increased and the contract duration extended to December 6, 2018 to accommodate the maintenance backlog. To enable timely payment to Engineered Soil Repairs, Inc., the Interim Public Works Director recommends that the Board approve CCO #1 and authorize the Interim Public Works Director, or designee, to sign it for the County. The increased contract amount for Engineered Soil Repairs, Inc., will increase the total allotted amount for road, flood control, and airport maintenance work to $600,000. CONSEQUENCE OF NEGATIVE ACTION: The contract has a term of one year (with the option of two one-year extensions) and once the available contract capacity is used, there is no remaining contract capacity for on-call routine and emergency work for the remainder of the term. Failure to approve CCO #1 would prevent the Public Works Department from completing routine road, flood control, and airport maintenance work in a timely manner and preclude payment to Engineered Soil Repairs, Inc., for compensation due to them for completing road, flood control and airport maintenance work. ATTACHMENTS CCO 1 - ESR December 5, 2017 Conta Costa County Board of Supervisors Minutes 375 December 5, 2017 Conta Costa County Board of Supervisors Minutes 376 RECOMMENDATION(S): APPROVE the Bailey Road/State Route 4 Interchange Pedestrian & Bicycle Improvements Project (Project) and; AUTHORIZE the Interim Public Works Director, or designee, to advertise the Project, Bay Point area. (County Project No. 0662-6R4121/Federal Project No. ATPL-5928 (136), DCD–CP#17-11) (District V) FISCAL IMPACT: The Project is funded by 79.2% Active Transportation Project Funds, 20.8% Local Road Funds. Estimated Project Cost $4,578,358. BACKGROUND: The purpose of this Project is to improve access for pedestrians and bicyclists along Bailey Road. The Project will reconfigure the State Route 4 (SR4) eastbound and westbound off-ramps at Bailey Road (Figures 1 - 3). Specifically, the Project will include the removal of the westbound loop off-ramp and underlying pedestrian tunnel on the northwest side of the interchange. The westbound diagonal off-ramp on the northeast side of the interchange will be widened to two lanes for approximately 450 feet beginning at the intersection and a new traffic signal will be installed. An approximately 230-foot long, 8-foot tall retaining wall will be constructed along the north APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Claudia Gemberling, 925. 313-2192 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave Brown, Environmental Services, Claudia Gemberling, Environmental Services C. 3 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve the Bailey Road/State Route 4 Interchange Pedestrian & Bicycle Improvements Project and take related actions under CEQA December 5, 2017 Conta Costa County Board of Supervisors Minutes 377 BACKGROUND: (CONT'D) side of the ramp which will require excavation of an area approximately 6 feet wide and 6 feet in depth. The free right turns at the eastbound SR4 loop off ramp will be removed as well as the BART access road. The intersection and traffic signal will be modified to control the right turn movements. A 12-foot-wide sidewalk along the southbound side of Bailey Road and a 6-foot-wide sidewalk along the northbound side will be constructed through the interchange area as well as Class 2 bike lanes. The Project will result in removal of approximately 22,500 square feet (0.5 acre) of pavement and install approximately 9,400 square feet (0.2 acre) of pavement. Replacement planting/landscaping will be installed as needed. The Project will maintain the existing drainage pattern and impacted drainage inlets will be modified. Temporary construction easements may be needed for construction staging which will occur in already disturbed areas. Utility relocations will be required. A minimum of one lane will be open during construction activities. Emergency vehicles will have access at all times. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the Project may result in a delay of design, construction, and may jeopardize funding ATTACHMENTS CEQA December 5, 2017 Conta Costa County Board of Supervisors Minutes 378 December 5, 2017 Conta Costa County Board of Supervisors Minutes 379 December 5, 2017 Conta Costa County Board of Supervisors Minutes 380 FIGURE 1: PROJECT LOCATION MAP Project Location December 5, 2017 Conta Costa County Board of Supervisors Minutes 381 SR-4/Bailey Road Interchange Pedestrian& Bicycle Improvement Project Air Quality Conformity Analysis 5 Figure 1 - Project Vicinity and Location Map December 5, 2017 Conta Costa County Board of Supervisors Minutes 382 December 5, 2017 Conta Costa County Board of Supervisors Minutes 383 G:\engsvc\ENVIRO\TransEng\Bailey Road - SR4 Interchange\CEQA\Drafts\NOE\Final NOE_9-28-17.doc Form Revised: Feb. 27, 2017 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title: Bailey Road/State Route 4 Interchange Pedestrian & Bicycle Improvement Project. #: 0662-6R4121 CP#: 17-11 Project Applicant: Contra Costa County Public Works Department Project Location – Specific: Bailey Road/State Route 4 interchange Project Location: Bay Point Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: The project will reconfigure the State Route 4 (SR4) eastbound and westbound off-ramps at Bailey Road and improve access for pedestrians and bicyclists along Bailey Road (Figure 3). Specifically, the project will include the removal of the westbound loop off-ramp and underlying pedestrian tunnel on the northwest side of the interchange. A temporary platform will be installed underneath the loop off-ramp structure during demolition to protect the underlying Contra Costa Canal. The westbound diagonal off-ramp on the northeast side of the interchange will be widened to two lanes for approximately 450 feet beginning at the intersection and a new traffic signal will be installed. An approximately 230-foot long, 8-foot tall retaining wall will be constructed along the north side of the ramp which will require excavation of an area approximately 6 feet wide and 6 feet in depth. The project will remove the free right turns at the eastbound SR4 loop off ramp as well as the BART access road. The intersection and traffic signal will be modified to control the right turn movements. A 12-foot-wide sidewalk along the southbound side of Bailey Road and a 6-foot-wide sidewalk along the northbound side will be constructed through the interchange area as well as Class 2 bike lanes. The project will result in removal of approximately 22,500 square feet (0.5 acre) of pavement and install approximately 9,400 square feet (0.2 acre) of pavement. Replacement planting/landscaping will be installed as needed. The project will maintain the existing drainage pattern and impacted drainage inlets will be modified. Temporary construction easements may be needed for construction staging which will occur in already disturbed areas. Utility relocations will be required. A minimum of one lane will be open during construction activities. Emergency vehicles will have access at all times. General Plan Conformance is necessary from the City of Pittsburg. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: 15301(c) (Class 1) Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Code No.: Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability [Article 5, Section 15061 (b)(3)] Reasons why project is exempt: The project will not have a significant effect on the environment. The recommendation is based on the following: The project consists of minor alterations to existing public infrastructure involving negligible or no expansion of use pursuant to section 15301(c) of the CEQA guidelines. Lead Agency Contact Person: Claudia Gemberling, Public Works Department Area Code/Telephone/Extension: (925) 313-2192 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,078.25 Total Due: $75.00 255 Glacier Drive Neg. Dec. - $2,216.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: C. Gemberling County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2192 December 5, 2017 Conta Costa County Board of Supervisors Minutes 384 RECOMMENDATION(S): APPROVE the conveyance of surplus real property to Stephens & Stephens X, LLC (Grantee), in accordance with the Agreement between Contra Costa County and the Grantee Named Herein (Agreement) and pursuant to Government Code Section 25526.5. DETERMINE that the estimated value of approximately .722 acre property previously acquired for the State Route 4 West Gap Project is less than $25,000.00, and that the property is no longer necessary for County or other public purposes. AUTHORIZE the Interim Public Works Director, or designee, to execute the Agreement on behalf of the County. AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the County. DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed to be delivered to the Grantee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Karen Laws (925) 313-2228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 4 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve the Conveyance of Surplus Real Property to Stephens & Stephens X, LLC, in connection with the State Route 4 West Gap Project, Hercules area. December 5, 2017 Conta Costa County Board of Supervisors Minutes 385 FISCAL IMPACT: 100% Contra Costa Transportation Authority Funds. BACKGROUND: In 1998 the Contra Costa Transportation Authority (CCTA) and the County entered into Agreement No. 87 for the County to provide right of way services for the State Route 4-West Gap Project (Project). The terms of the Agreement included the County initially taking title for various property rights for the Project and to transfer those rights to the appropriate parties at a later date. Agreement No. 87 is on file at the Public Works Department. In 2010 the County acquired the real property described in the Exhibit “A” (Property) as part of the settlement with Asbury Graphite, Inc., in connection with the Project. As part of the Project, several utilities were relocated on and under the Property and easements rights have been conveyed to the appropriate parties. Because of the size and location of Property, and the easements which limit its use, its value does not exceed $25,000.00. CONSEQUENCE OF NEGATIVE ACTION: The County and CCTA would continue to needlessly expend funds to maintain the property. AGENDA ATTACHMENTS Agreement MINUTES ATTACHMENTS Signed: Quitclaim Deed December 5, 2017 Conta Costa County Board of Supervisors Minutes 386 December 5, 2017 Conta Costa County Board of Supervisors Minutes 387 December 5, 2017 Conta Costa County Board of Supervisors Minutes 388 December 5, 2017 Conta Costa County Board of Supervisors Minutes 389 December 5, 2017 Conta Costa County Board of Supervisors Minutes 390 December 5, 2017 Conta Costa County Board of Supervisors Minutes 391 December 5, 2017 Conta Costa County Board of Supervisors Minutes 392 December 5, 2017 Conta Costa County Board of Supervisors Minutes 393 December 5, 2017 Conta Costa County Board of Supervisors Minutes 394 December 5, 2017 Conta Costa County Board of Supervisors Minutes 395 December 5, 2017 Conta Costa County Board of Supervisors Minutes 396 December 5, 2017 Conta Costa County Board of Supervisors Minutes 397 December 5, 2017 Conta Costa County Board of Supervisors Minutes 398 December 5, 2017 Conta Costa County Board of Supervisors Minutes 399 December 5, 2017 Conta Costa County Board of Supervisors Minutes 400 December 5, 2017 Conta Costa County Board of Supervisors Minutes 401 December 5, 2017 Conta Costa County Board of Supervisors Minutes 402 December 5, 2017 Conta Costa County Board of Supervisors Minutes 403 December 5, 2017 Conta Costa County Board of Supervisors Minutes 404 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of the County, an agreement and grant of easement, and a quitclaim deed, to quitclaim to the State of California, Department of Parks and Recreation (State), surplus County road right of way described in the quitclaim deed in exchange for road and utility easements described in the agreement and grant of easement that are required for the County’s Marsh Creek Road Widening Project, Brentwood area, pursuant to Government Code section 25526.5 and Public Resources Code section 5012. DETERMINE that the County’s property rights being quitclaimed to the State under the quitclaim deed are no longer necessary for County or other public purposes and that their estimated value does not exceed $25,000. ACCEPT the easement rights granted to the County under the agreement and grant of easement between the County and the State. DIRECT the Real Estate Division of the Public Works Department to cause said agreement and grant of easement and said quitclaim deed to be recorded in the office of the County Clerk-Recorder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carmen Piña-Delgado, Real Estate Division 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Accept an Agreement and Grant of Easement Deed in exchange for the conveyance of a Quitclaim Deed, Marsh Creek Road Widening, Brentwood area. December 5, 2017 Conta Costa County Board of Supervisors Minutes 405 FISCAL IMPACT: No fiscal impact. BACKGROUND: The Project calls for widening of the travel lanes from ten (10) feet to twelve (12) feet, add eight (8) foot wide shoulders to both sides of the road, move utility poles further inland, improve drainage, realignment of curves and slopes for better visibility and add a Class III Bike Route. On October 11, 2011 the County secured the property rights from the State in accordance with the approved plans and specifications. The utility poles were relocated to locations not approved and the County is securing those rights in exchange for a quitclaim to areas no longer needed for this Project. On March 1, 2011, the Board adopted a Mitigated Negative Declaration and Mitigation and Monitoring Reporting Plan for this activity. Real Estate Division staff determined that the property rights being quitclaimed to the State under the quitclaim deed are no longer necessary for County or other public purposes, and that their estimated value does not exceed $25,000. CONSEQUENCE OF NEGATIVE ACTION: The County would not be able to secure the proper property rights to Lydia Lane and would be responsible for areas no longer needed. AGENDA ATTACHMENTS Agreement quitclaim deed MINUTES ATTACHMENTS Signed: Grant of Easement Signed: Quitclaim Deed December 5, 2017 Conta Costa County Board of Supervisors Minutes 406 December 5, 2017 Conta Costa County Board of Supervisors Minutes 407 December 5, 2017 Conta Costa County Board of Supervisors Minutes 408 December 5, 2017 Conta Costa County Board of Supervisors Minutes 409 December 5, 2017 Conta Costa County Board of Supervisors Minutes 410 December 5, 2017 Conta Costa County Board of Supervisors Minutes 411 December 5, 2017 Conta Costa County Board of Supervisors Minutes 412 December 5, 2017 Conta Costa County Board of Supervisors Minutes 413 December 5, 2017 Conta Costa County Board of Supervisors Minutes 414 December 5, 2017 Conta Costa County Board of Supervisors Minutes 415 December 5, 2017 Conta Costa County Board of Supervisors Minutes 416 December 5, 2017 Conta Costa County Board of Supervisors Minutes 417 December 5, 2017 Conta Costa County Board of Supervisors Minutes 418 December 5, 2017 Conta Costa County Board of Supervisors Minutes 419 December 5, 2017 Conta Costa County Board of Supervisors Minutes 420 December 5, 2017 Conta Costa County Board of Supervisors Minutes 421 December 5, 2017 Conta Costa County Board of Supervisors Minutes 422 December 5, 2017 Conta Costa County Board of Supervisors Minutes 423 December 5, 2017 Conta Costa County Board of Supervisors Minutes 424 December 5, 2017 Conta Costa County Board of Supervisors Minutes 425 December 5, 2017 Conta Costa County Board of Supervisors Minutes 426 December 5, 2017 Conta Costa County Board of Supervisors Minutes 427 December 5, 2017 Conta Costa County Board of Supervisors Minutes 428 December 5, 2017 Conta Costa County Board of Supervisors Minutes 429 December 5, 2017 Conta Costa County Board of Supervisors Minutes 430 December 5, 2017 Conta Costa County Board of Supervisors Minutes 431 December 5, 2017 Conta Costa County Board of Supervisors Minutes 432 December 5, 2017 Conta Costa County Board of Supervisors Minutes 433 December 5, 2017 Conta Costa County Board of Supervisors Minutes 434 December 5, 2017 Conta Costa County Board of Supervisors Minutes 435 December 5, 2017 Conta Costa County Board of Supervisors Minutes 436 RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on March 7, 2017, pursuant to Public Contract Code Sections 22035 and 22050, to repair the Morgan Territory Road Slide Repair Project, as recommended by the Interim Public Works Director, Clayton area. Project No. 0672-6U6203 (District III) FISCAL IMPACT: The total cost of the project is not expected to exceed $6,000,000. The project will be funded by Local Road Funds (100%). County staff is actively pursuing reimbursement through the Federal Emergency Management Agency (FEMA) as a result of the State and Federal emergency declarations. BACKGROUND: On March 7, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to repair Morgan Territory Road approximately 1 mile south of Marsh Creek Road. The repair work requires the installation of two structural retaining wall systems, excavation and backfill of embankment between the wall systems, reconstruction of pavement, drainage improvements, and pavement striping. Public Works Department APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925. 313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:CONTINUE the emergency action for the Morgan Territory Road Slide Repair project, Clayton area. December 5, 2017 Conta Costa County Board of Supervisors Minutes 437 BACKGROUND: (CONT'D) staff completed the road repair design and requested prices for the necessary equipment, services, and supplies to perform the emergency repair project as expeditiously as possible. The resulting price quotes were received on May 23, 2017. On June 1, 2017, the Public Works Director signed a construction contract with Flatiron West, Inc., to perform the emergency repair work. The emergency repairs began on July 17, 2017, and was substantially completed and opened to public traffic on November 18, 2017. During the construction period, Morgan Territory Road was closed at the slide site and local traffic used a temporary access on Leon Drive through the Marsh Creek Detention Facility driveway. The Interim Public Works Director signed an agreement, “License Agreement for Temporary Use of Private Road (Leon Drive)”, with each owner of Leon Drive for public use of the private road as needed for the duration of the construction phase of the emergency repairs. On November 18, 2017, the Leon Drive temporary access was closed to public traffic. The temporary detour road on Leon Drive must be repaved prior to returning it to the owners in accordance with the signed License Agreement. The County plans to utilize the existing contract with Granite Rock Company to repave Leon Drive in December. The emergency action will be continued until the repairs to Leon Drive are completed. Public Contract Code Section 22050 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. Since the conditions that warranted the emergency declaration persist, it is appropriate for the Board to continue the emergency actions regarding the hazardous conditions caused by storm damage. CONSEQUENCE OF NEGATIVE ACTION: Non-concurrence at this point in the project could cause delays in completion of the slide repairs. December 5, 2017 Conta Costa County Board of Supervisors Minutes 438 RECOMMENDATION(S): APPROVE the Fiscal Year 2017/18 Dougherty Valley Maintenance County Service Area M-29 budget totaling $23,811,415 as summarized in Exhibit 1, as recommended by the Interim Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% County Service Area M-29 Funds. BACKGROUND: Dougherty Valley is an 11,000-unit development that was approved by, and is being processed through Contra Costa County and is annexed into the City of San Ramon as Final Maps are approved and improvements are accepted as complete. Dougherty Valley began construction in 1996 and currently 92% of the homes have been annexed into San Ramon. A 1994 Settlement Agreement that allowed for the development of Dougherty Valley also laid out a plan to provide for the long-term operation and maintenance of the increased municipal services provided in Dougherty Valley. These increased services include Police Protection, Parks Maintenance, Landscape Maintenance, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Warren Lai, Engineering Services, Liza Mangabay, Finance, C . Low, City of San Ramon, J. Vargas, City of San Ramon, Candace Daniels, City of San Ramon Finance Manager, David Twa, Robert R. Campbell C. 7 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve the Fiscal Year 2017/18 Budget for Dougherty Valley Maintenance County Service Area M-29, San Ramon (Dougherty Valley) area December 5, 2017 Conta Costa County Board of Supervisors Minutes 439 BACKGROUND: (CONT'D) Street Lighting, increased Library Services, and the operation and maintenance of 3 Community Facilities Buildings (Community Center, Senior Center, and Service Center). In a 1997 Memorandum of Understanding between Contra Costa County and the City of San Ramon, it was decided that these increased services would be provided by the City of San Ramon, and reimbursed through property tax and special assessment revenue of CSA M-29. CSA M-29 was created in 1998 to collect property tax and special assessment revenue. The Dougherty Valley Maintenance Budget includes all revenue from CSA M-29 in addition to sales tax, real property transfer tax and contributions from the City of San Ramon General Fund. At the end of the fiscal year funds are to be reimbursed to the City of San Ramon for various municipal services provided within the Dougherty Valley area. On December 20, 2005, the Board of Supervisors approved a Reimbursement Agreement between the County, the City of San Ramon, Shapell Industries and Windemere BLC Land Company to provide reimbursement to the City of San Ramon for providing services within the boundaries of Dougherty Valley. The Reimbursement Agreement outlined the annual process for the City of San Ramon to receive reimbursement of funds for services rendered in Dougherty Valley. The process laid out in the agreement calls for the annual budget for Dougherty Valley Maintenance to be approved at the San Ramon City Council level and then subsequently approved at the County Board of Supervisors. On May 23, 2017, by Resolution 2017-047, the San Ramon City Council approved the FY 2017/18 citywide operating and capital budgets including line items for the Dougherty Valley Maintenance which totaled $23,811,415 in expenses. CONSEQUENCE OF NEGATIVE ACTION: The Dougherty Valley Maintenance budget will not be approved and the City of San Ramon will not receive reimbursement for city services performed in Dougherty Valley as agreed to under terms of the Reimbursement Agreement and the 1994 Settlement Agreement. ATTACHMENTS 2017-18 Annual Budget December 5, 2017 Conta Costa County Board of Supervisors Minutes 440 December 5, 2017 Conta Costa County Board of Supervisors Minutes 441 RECOMMENDATION(S): ADOPT Resolution No. 2017/421 accepting completion of improvements for minor subdivision MS13-00007, for a project developed by Ronald L. Carter, as recommended by the Interim Public Works Director, Walnut Creek area. (District IV) FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The developer has completed the improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lori Lorentini - (925) 313-2352 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, C . Low, City of San Ramon, Chris Hallford, Mapping, Lori Lorentini, Michael Mann, Finance, T-April 10,2018, Ronald L. Carter c/o DirtBrokers. Inc., Indemnity Company of California C. 8 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Accepting completion of improvements for minor subdivision MS13-00007, Walnut Creek area December 5, 2017 Conta Costa County Board of Supervisors Minutes 442 AGENDA ATTACHMENTS Resolution No. 2017/421 MINUTES ATTACHMENTS Signed: Resolution No. 2017/421 December 5, 2017 Conta Costa County Board of Supervisors Minutes 443 Recorded at the request of:Lori Lorentini (925)313-2352 Return To:Simone Saleh (925)313-2170 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/421 IN THE MATTER OF: Accepting completion of improvements for minor subdivision MS13-00007, for a project developed by Ronald L. Carter, as recommended by the Interim Public Works Director, Walnut Creek area. (District IV) The Interim Public Works Director has notified this Board that the improvements in minor subdivision MS13-00007 have been completed as provided in the Subdivision Agreement with Ronald L. Carter, heretofore approved by this Board in conjunction with the filing of the Parcel Map. WHEREAS, these improvements are approximately located on Center Street near Olympic Boulevard. NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of October 10, 2017, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: August 9, 2016 NAME OF SURETY: Indemnity Company of California BE IT FURTHER RESOLVED the payment (labor and materials) surety for $16,500.00, Bond No. 705018S issued by the above surety be RETAINED for the six month lien guarantee period until April 10, 2018, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Center Street is ACCEPTED and DECLARED to be a County road as shown and dedicated for public use on the map of minor subdivision MS13-00007 filed August 30, 2016, in Book 211 of Parcel Maps at page 15, Official Records of Contra Costa County, State of California. Road Name: Center Street Length (miles): 0.035 Road/ROW Width 22’/50’ varies Road Number: 3845AW System: Minor Road BE IT FURTHER RESOLVED that there is no warranty period required, and the Interim Public Works Director is December 5, 2017 Conta Costa County Board of Supervisors Minutes 444 AUTHORIZED to refund the $1,000.00 cash security for performance (Auditor's Deposit Permit No. DP715324, dated July 14, 2016) plus interest in accordance with Government Code Section 53079, if appropriate, to Ronald L. Carter and Jennifer A. Carter, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 705018S, dated July 7, 2016 are EXONERATED. Contact: Lori Lorentini - (925) 313-2352 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, C . Low, City of San Ramon, Chris Hallford, Mapping, Lori Lorentini, Michael Mann, Finance, T-April 10,2018, Ronald L. Carter c/o DirtBrokers. Inc., Indemnity Company of California December 5, 2017 Conta Costa County Board of Supervisors Minutes 445 December 5, 2017 Conta Costa County Board of Supervisors Minutes 446 December 5, 2017 Conta Costa County Board of Supervisors Minutes 447 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Jan Borhaug for a T-hangar at Buchanan Field Airport effective November 21, 2017 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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 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:December 5, 2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 448 BACKGROUND: (CONT'D) On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt - J Borhaug December 5, 2017 Conta Costa County Board of Supervisors Minutes 449 December 5, 2017 Conta Costa County Board of Supervisors Minutes 450 December 5, 2017 Conta Costa County Board of Supervisors Minutes 451 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Ben Burbridge for a shade hangar at Buchanan Field Airport effective November 28, 2017 in the monthly amount of $177.07, Pacheco area. (District IV) FISCAL IMPACT: The Airport Enterprise Fund will realize $2,124.84 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during that 30-year period. On September 1, 2000, the County obtained ownership of the aircraft hangars and shelters, pursuant to the terms of the above lease. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 5, 2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 452 BACKGROUND: (CONT'D) On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt - B Burbridge December 5, 2017 Conta Costa County Board of Supervisors Minutes 453 CONTRA COSTA COUNTY -BUCHANAN FIELD AIRPORT T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT 1. PARTIES: November 28 . 2017 ("Effective Date"), the COUNTY OF CONTRA COSTA , a political subdivision of the State of California ("Airport"), Ben Burbridge ("Renter"), hereby mutually agree and promise as follows : 2. RENTER AND AIRCRAFT INFORMATION: Simultaneous with the execution of this T-Hangar and Shade Hangar Rental Agreement ("Rental Agreement") by Renter, Renter shall complete the Renter and Aircraft Information Form . A completed copy of the Renter and Aircraft Information Form is attached hereto as Exhibit "A" and incorporated herein. Renter must also provide to Airport at that time , for inspection and copying , (1) the original current Aircraft Registration or, if the aircraft described in Exhibit A is under construction , the plans for and proof of ownership of such aircraft; and (2) the insurance information required by Section 16 below. 3. PURPOSE: The purpose of this Rental Agreement is to provide for the rental of a T- Hangar or Shade Hangar space at the Contra Costa County -Buchanan Field Airport for the storage of the aircraft described in the Renter and Aircraft Information Form ("Renter's Aircraft"). 4 . PREMISES: For and in consideration of the rents and faithful performance by Renter of the terms and cond itions set forth herein, Airport hereby rents to Renter and Renter hereby rents from Airport that T-Hangar or Shade Hangar shown as # B-02 on the T-Hangar and Shade Hangar Site Plan, attached hereto as Exhibit Band incorporated herein . This T-Hangar or Shade Hangar is part of the T-Hangar and Shade Hangar Site ("T-Hangar Site") and shall hereinafter be described as the "T- Hangar." Renter has inspected the T-Hangar and hereby accepts the T-Hangar in its present condition, as is, without any obligation on the part of Airport to make any alterations, improvements , or repairs in or about the T-Hangar. 5. USE: The T-Hangar shall be exclusively by Renter for the storage of Renter's Aircraft . In addition to the storage of Renter 's Aircraft , Renter may use the T-Hangar for (1) the homebuilding , restoration and /or maintenance of Renter's Aircraft , provided that such homebuilding , restoration and /or maintenance is performed by Renter only and in conformance with all applicable statutes , ordinances , resolutions , regulat ions , orders, circulars (including but not limited to FAA Advisory Circular 20- 27) and policies now in existence or adopted from time to time by the United States, the State of California , the County of Contra Costa and other government agencies with jurisdiction over Buchanan Field Airport; (2) the storage of and materials directly 4 Re vi sed T-HANGAR AND SHADE HANGAR AGREEMENT .,,')1.,""0 December 5, 2017 Conta Costa County Board of Supervisors Minutes 454 related to the storage , construction of homebuilt planes homebuilding , restoration , and/or maintenance of Renter's Aircraft; (3) the storage of one boat , or one recreational vehicle, or one motorcycle, or one automobile, provided that Renter first provides to Airport proof of Renter's ownership and original registration of any stored boat or vehicle , for inspection and copying; and /or (4) the storage of comfort items (such as a couch, small refrigerator, etc .) that the Director of Airports , in his sole discretion , determines will not impede the use of the hangar for the storage of Renter's Aircraft, and are not prohibited by applicable building and fire codes. The T-Hangar shall not be used for any purpose not expressly set forth in this Section 5. Use . The use of all or a portion of the T-Hangar for the storage of aircraft not owned or leased by Renter is prohibited. ("Aircraft not owned or leased by Renter" means any aircraft in which Renter does not have an ownership interest or which is not directly leased to Renter). Renter shall present proof of said ownership interest or lease to Airport upon request in addition to that information provided in Ex hibit A. If Renter's Aircraft is or becomes non-operational, it may be stored in the T-Hangar only if it is being homebuilt or restored by Renter. Prior to the commencement of any such homebuilding or restoration, Renter shall provide to Airport (1) a copy of the purchase agreement or (2) a valid federal registration number. If Renter's Aircraft is not registered as of the Effective Date , upon completion of construction, Renter shall register and apply for an airworthiness certificate for Renter's Aircraft in accordance with all applicable federal statutes and regulations and provide the original registration and certification to Airport , for inspection and copying, immediately upon receipt by Renter. On or before January 1 of each year, if the homebuilding or restoration has not been completed , Renter shall provide a written annual report to the Director of Airports that details the homebuilding or restoration activity performed , work still required to be completed and an estimate of time of completion. 6 . TERM: This Rental Agreement shall be from month to month commencing November 28, 2017 , and shall continue until terminated. This Rental Agreement may be terminated by any party upon thirty (30) days written notice to the other party. 7. RENT: A. Monthly Rent and Additional Rent. Renter shall pay $ 177.07 in rent per month ("Monthly Rent ") due and payable in advance on the first day of each calendar month , beginning on the commencement date of this Rental Agreement. Unless directed to do otherwise by Airport, Renter shall pay rent only in cash or by personal check, certified check, or money order. If the term of this Rental Agreement begins on a day other than the first day of the month, the Monthly Rent stated above for the first month shall be prorated 5 Revised T -HANGAR AND SHADE HANGAR AGREEMENT December 5, 2017 Conta Costa County Board of Supervisors Minutes 455 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Pacific Diamond, LLC for a T-hangar at Buchanan Field Airport effective November 27, 2017 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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 11 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 5, 2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 456 BACKGROUND: (CONT'D) On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt - Pacific Diamond December 5, 2017 Conta Costa County Board of Supervisors Minutes 457 CONTRA COSTA COUNTY -BUCHANAN FIELD AIRPORT T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT 1. PARTIES: November 27. 2017 ("Effective Date"), the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("Airport"), Pacific Diamond, LLC ("Renter"), hereby mutually agree and promise as follows : 2. RENTER AND AIRCRAFT INFORMATION: Simultaneous with the execution of this T-Hangar and Shade Hangar Rental Agreement ("Rental Agreement") by Renter, Renter shall complete the Renter and Aircraft Information Form. A completed copy of the Renter and Aircraft Information Form is attached hereto as Exhibit "A" and incorporated herein . Renter must also provide to Airport at that time , for inspection and copying , (1) the original current Aircraft Registration or, if the aircraft described in Exhibit A is under construction , the plans for and proof of ownership of such aircraft ; and (2) the insurance information required by Section 16 below. 3 . PURPOSE: The purpose of this Rental Agreement is to provide for the rental of a T- Hangar or Shade Hangar space at the Contra Costa County -Buchanan Field Airport for the storage of the aircraft described in the Renter and Aircraft Information Form ("Renter's Aircraft"). 4. PREMISES: For and in consideration of the rents and faithful performance by Renter of the terms and conditions set forth herein , Airport hereby rents to Renter and Renter hereby rents from Airport that T-Hangar or Shade Hangar shown as # AA-02 on the T-Hangar and Shade Hangar Site Plan , attached hereto as Ex hibit Band incorporated herein. This T-Hangar or Shade Hangar is part of the T-Hangar and Shade Hangar Site ("T-Hangar Site") and shall hereinafter be described as the "T- Hangar." Renter has inspected the T -Hangar and hereby accepts the T -Hangar in its present condition, as is , without any obligation on the part of Airport to make any alterations, improvements, or repairs in or about the T-Hangar. 5. USE: The T-Hangar shall be e xclusively by Renter for the storage of Renter's Aircraft . In addition to the storage of Renter's Aircraft, Renter may use the T-Hangar for (1) the homebuilding , restoration and /or maintenance of Renter's Aircraft , provided that such homebuilding , restoration and /or ma i ntenance is performed by Renter only and in conformance with all applicable statutes , ordinances , resolutions, regulations, orders , circulars (including but not limited to FAA Advisory Circular 20- 27) and policies now in existence or adopted from time to time by the United States, the State of California, the County of Contra Costa and other government agencies with jurisdiction over Buchanan Field Airport ; (2) the storage of and materials directly 4 Revised T-HANGAR AND SHADE HANGAR AGREEMENT December 5, 2017 Conta Costa County Board of Supervisors Minutes 458 related to the storage , construction of homebuilt planes homebuilding , restoration, and /or maintenance of Renter's Aircraft ; (3) the storage of one boat , or one recreational vehicle , or one motorcycle , or one automobile , provided that Renter first provides to Airport proof of Renter's ownership and original registration of any stored boat or vehicle, for inspe ction and copying ; and /or (4) the storage of comfort items (such as a couch , small refrigerator, etc .) that the Director of Airports , in his sole discretion , determines will not impede the use of the hangar for the storage of Renter's Aircraft , and are not prohibited by applicable building and fire codes . The T-Hangar shall not be used for any purpose not expressly set forth in this Section 5. Use . The use of all or a portion of the T-Hangar for the storage of aircraft not owned or leased by Renter is prohibited . ("Aircraft not owned or leased by Renter" means any aircraft in which Renter does not have an ownership interest or which is not directly leased to Renter). Renter shall present proof of said ownership interest or lease to Airport upon request in addition to that information provided in Exhibit A . If Renter 's Aircraft is or becomes non-operational , it may be stored in the T-Hangar only if it is being home built or restored by Renter. Prior to the commencement of any such homebuilding or restoration , Renter shall provide to Airport (1) a copy of the purchase agreement or (2) a valid federal registration number. If Renter's Aircraft is not registered as of the Effective Date, upon completion of construction, Renter shall register and apply for an airworthiness certificate for Renter's Aircraft in accordance with all applicable federal statutes and regulations and provide the original registration and certifi cation to Airport , for inspection and copying, immediately upon receipt by Renter. On or before January 1 of each year, if the homebuilding or restoration has not been completed, Renter shall provide a written annual report to the Director of Airports that details the homebuilding or restoration activity performed , work still required to be completed and an estimate of time of completion. 6. TERM : This Rental Agreement shall be from month to month commencing November 27, 2017 , and shall continue until terminated. This Rental Agreement may be terminated by any party upon thirty (30) days written notice to the other party. 7. RENT: A. Monthly Rent and Additional Rent. Renter shall pay $ 394.10 in rent per month ("Monthly Rent") due and payable in advance on the first day of each calendar month , beginning on the commencement date of this Rental Agreement. Unless directed to do otherwise by Airport , Renter shall pay rent only in cash or by personal check , certified check , or money order. If the term of this Rental Agreement begins on a day other than the first day of the month , the Monthly Rent stated above for the first month shall be prorated 5 Re vised T-HANGAR AND SHADE HANGAR AGREEMENT December 5, 2017 Conta Costa County Board of Supervisors Minutes 459 RECOMMENDATION(S): RECEIVE 2017 Annual Report submitted by the Aviation Advisory Committee. FISCAL IMPACT: Not applicable. BACKGROUND: On June 18, 2002, the Board of Supervisors (Board) adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday in December. The attached report fulfills this requirement for the Aviation Advisory Committee. CONSEQUENCE OF NEGATIVE ACTION: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 5, 2017 Contra Costa County Subject:2017 REPORT FROM AVIATION ADVISORY BODY December 5, 2017 Conta Costa County Board of Supervisors Minutes 460 ATTACHMENTS 2017 AAC Annual Report December 5, 2017 Conta Costa County Board of Supervisors Minutes 461 CONTRA COSTA COUNTY Aviation Advisory Committee 2017 Annual Report Advisory Board Meeting Time/Location: 10:00 AM on the 2nd Thursday of every month at either Buchanan Field or Byron Airport. Advisory Body Chair: Ronald Reagan Airport Staff: Keith Freitas/Beth Lee Activities  Monthly review of noise statistics, operations report and airport development projects  Discussions of airport projects and programs to disseminate information and solicit input from members and public  Discussions of issues facing the airports and airport community  Input to the Airport Director, Airport Committee, and Board of Supervisors on issues affecting the County’s Airports and surrounding communities  Participation in community outreach efforts  Quarterly review of the airports year to date and end of year forecast financial reports  Annual review of input on the Part 150 Noise Mitigation recommendations Accomplishments Discussed and advised on the following:  Airport administration activities to enhance airport economic development including:  Updating Byron General Plan Amendment to bring conformity between the adopted Master Plan and County General Plan relative to allowable uses at the Airport  Development of a 3 acre industrial business park on Buchanan Field  Parcel C development and tax share resolution between Contra Costa County and the City of Concord  Receiving greater stakeholder and community involvement regarding the Economic Development and Incentive Program (EDIP) and strategic planning processes  Developing Byron Airport including projects to connect Armstrong and Vasco road, and upgrade airport utilities infrastructure. December 5, 2017 Conta Costa County Board of Supervisors Minutes 462 Accomplishments (continued) Discussed and advised on the following:  Aviation Land Use Committee (ALUC) activities including:  Concord area construction projects and their impact on air navigation  Buchanan Field and Byron Airport construction projects including:  Completion of the Buchanan Field taxiway Echo and Kilo pavement projects  Security enhancements to Airports which include: o Additional security cameras o Upgraded fencing to Airport parameters o Updated Airport pedestrian gate codes and new secure handout procedures o Increased security patrols during day and night  Airport hangar management activities and concerns including:  Long-term hangar lease with Conco Aviation Center, LLC  Vietnam Helicopter Museum lawsuit  Use of hangars for purposes other than aircraft storage and impact on hangar waiting list  Hangar inspection process and cycle  Airport noise impact on communities including:  Review and revamp the Airport Noise Management Program  Addressing Aerobatic noise complaints near Brentwood area  Addressing rising Buchanan Field & Byron noise complaints Completed and/or advised on the following:  Revamp the Tenant Recognition Program to be called the Contra Costa County Airports Recognition Award Program. The newly named program will be awarded on an on-going basis and will include any individual, group, business, or organization that has performed exceptional service to enhance the Buchanan Field and Byron Airports and/or to enhance aviation interest among communities  Encouraged additional Airport staff, Aviation Advisory Committee (AAC) members, and Board of Supervisors to be more involved with the Airports and aviation communities December 5, 2017 Conta Costa County Board of Supervisors Minutes 463 Attendance/Representation  AAC is composed of members representing each of the supervisorial districts, the cities of Concord and Pleasant Hill, the Airport Business Association, and three At- Large positions for a total of 11 members  Quorums have been achieved at all but one meeting in October with good participation from members for 2017  The AAC is a diverse group of aviation professionals, retired executives, consultants and educators. There is a balanced mix of pilots and non-pilots.  Several committee members are also involved in other county and city advisory bodies, committees, and commissions Current AAC member roster is as follows: AAC Members Representing 2016 Appointment Status Term Expiration Date Dale Roberts District I 6/13/2020 Mike Bruno Airport Business Association Reappointed 3/1/2019 Eric Meinbress Member At-Large (Recruiting) 10/17/2020 Ronald Reagan District III 3/1/2018 Derek Mims City of Pleasant Hill 3/1/2018 Russell Roe District V 5/1/2020 Keith McMahon City of Concord Reappointed 3/1/2019 Roger Bass District II 3/1/2018 Maurice Gunderson Member At-Large 3/1/2018 Tom Weber District IV 3/1/2020 Emily Barnett Member At-Large (Recruiting) 3/1/2019 Current AAC Officers: AAC Member Position Election Status Ronald Reagan Chair Reelected Mike Bruno Vice Chair Reelected Maurice Gunderson Secretary Elected December 5, 2017 Conta Costa County Board of Supervisors Minutes 464 Training/Certification  It is mandatory for all Committee members to comply with Brown Act training requirements Proposed Objectives for 2018  Continue to review and advise on the Byron Airport General Plan Amendment including encouraging expedited completion of the commissioned study and other efforts to improve infrastructure and road access  Continue to review and advise on the EDIP program including promoting progress on EDIP and strategic priority projects  Monitor and advise on Buchanan Field and Byron Airport construction and maintenance projects  Continue to monitor, review, and advise on activities and incidents impacting airport security  Continue to pursue community and tenant outreach efforts at both airports  Continue to review and advise on the Airports’ budget, noise statistics, and overall operations  Continue to work with the surrounding communities regarding noise concerns and other aviation related issues  Continue regular discussions with Airport Staff on Airport development, projects and issues, as well as disseminate information and offer recommendations  Continue to provide the public an open forum for discussion on aviation related matters Acknowledgements AAC members Maurice Gunderson and Tom Weber In response to the frustration expressed by a concerned citizen, regarding noise concerns at Buchanan Field, AAC members Maurice Gunderson and Tom Weber took measures that far exceeded their duties. Mr. Gunderson and Mr. Weber along with Airport staff met with the Pleasant Hill resident to discuss the issues they were having and educate them regarding airport administration actions taken to monitor and minimize noise impact to surrounding communities due to airport flight operations. The resident appreciated the time taken to discuss the noise concerns they were having. December 5, 2017 Conta Costa County Board of Supervisors Minutes 465 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Steve Mink for a T-hangar at Buchanan Field Airport effective December 1, 2017 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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 5, 2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 466 BACKGROUND: (CONT'D) On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt - S Mink December 5, 2017 Conta Costa County Board of Supervisors Minutes 467 December 5, 2017 Conta Costa County Board of Supervisors Minutes 468 December 5, 2017 Conta Costa County Board of Supervisors Minutes 469 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Neil Friedman for a shade hangar at Buchanan Field Airport effective December 1, 2017 in the monthly amount of $177.07, Pacheco area. (District IV) FISCAL IMPACT: The Airport Enterprise Fund will realize $2,124.84 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during that 30-year period. On September 1, 2000, the County obtained ownership of the aircraft hangars and shelters, pursuant to the terms of the above lease. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 14 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 5, 2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 470 BACKGROUND: (CONT'D) On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt - N Friedman December 5, 2017 Conta Costa County Board of Supervisors Minutes 471 December 5, 2017 Conta Costa County Board of Supervisors Minutes 472 December 5, 2017 Conta Costa County Board of Supervisors Minutes 473 RECOMMENDATION(S): RECEIVE this report concerning the final settlement of Diana Faz and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $85,000, less permanent disability advances. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $85,000, less permanent disability payments. BACKGROUND: Attorney Taylor E. Arnold, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Diana Faz v. Contra Costa County Probation Department. The Board's November 7, 2017 closed session vote was: Supervisors Gioia, Andersen, Burgis, Mitchoff and Glover - Yes. This action is taken so that the terms of this final settlement and the earlier November 7, 2017 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord (925) 335-1450 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 15 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:December 5, 2017 Contra Costa County Subject:Final Settlement of Claim, Diana Faz vs. Contra Costa County Probation Department December 5, 2017 Conta Costa County Board of Supervisors Minutes 474 RECOMMENDATION(S): DENY claims filed by Cheryl Atkinson-Baca, Emmanuel Bayo, Jose Javier Delgadillo, Shane Denny, Yanchu Fang, Kathleen Renee Guillory, Jesus Hernandez, Todd Smith, State Farm Insurance, a subrogee of Alexander Williams, VCS, as subrogee of Hertz Corporation, and James Williams. DENY late claims filed by AA, a minor; Dannisha Mills (mother); Amado Allison (father). FISCAL IMPACT: No fiscal impact. BACKGROUND: Cheryl Atkinson-Baca: Personal injury claim for treatment at detention facilities in the amount of $320,000. Emmanuel Bayo: Property claim for refund of vehicle purchased from Contra Costa County in the amount of $2,932.88 Jose Javier Delgadillo: Property claim for damage to vehicle in the amount of $3,622.50 Shane Denny: Personal injury claim for unsafe conditions resulting in injury in the amount of $25,000. Yanchu Fang: Property claim for damage to vehicle in the amount of $1,957.32 Kathleen Renee APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Claims December 5, 2017 Conta Costa County Board of Supervisors Minutes 475 BACKGROUND: (CONT'D) Guillory: Property claim for lost dentures in the amount of $2,500. Jesus Hernandez: Personal injury claim for medical bills and loss of wages in the amount of $1,000,000. Todd Smith: Property claim for damage to fence and gate in the amount of $1,636. State Farm Ins. a/s/o Alexander Williams: Property claim for damage to vehicle in the amount of $4,542.49 VCS a/s/o Hertz: Property claim for damage to vehicle in the amount of $155.89 James Williams: Property claim for damage to vehicle in the amount of $2,767.19 Amir Allison, a minor; Dannisha Mills (mother); Amando Allison (father): Request that the Board of Supervisors accept a late claim December 5, 2017 Conta Costa County Board of Supervisors Minutes 476 RECOMMENDATION(S): APPROVE Board meeting minutes for November 2017, as on file with the Office of the Clerk of the Board. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code Section 25101(b) requires the Clerk of the Board to keep and enter in the minute book of the Board a full and complete record of the proceedings of the Board at all regular and special meetings, including the entry in full of all resolutions and of all decisions on questions concerning the allowance of accounts. The vote of each member on every question shall be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joellen Bergamini 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 17 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:APPROVE the Board meeting minutes for November 2017 December 5, 2017 Conta Costa County Board of Supervisors Minutes 477 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, (925) 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 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:December 5, 2017 Contra Costa County Subject:Resolution honoring Duane Chapman for his Years of Service to Contra Costa County Mental Health Commission December 5, 2017 Conta Costa County Board of Supervisors Minutes 478 AGENDA ATTACHMENTS Resolution No. 2017/437 MINUTES ATTACHMENTS Signed Resolution No. 2017/437 December 5, 2017 Conta Costa County Board of Supervisors Minutes 479 In the matter of:Resolution No. 2017/437 honoring Duane Chapman for his years of service to Contra Costa County Mental Health Commission. WHEREAS, Mr. Duane Chapman consistently supported the goals and mission of the Mental Health Commission; and WHEREAS, Mr. Duane Chapman served the Mental Health Commission as the Chair of the Commission for the years 2016 and 2017; and WHEREAS, Mr. Duane Chapman worked tirelessly to advance the objectives of the Mental Health Commission; and WHEREAS, Mr. Duane Chapman enthusiastically supported the needs of Mental Health Commissioners; and WHEREAS, Mr. Duane Chapman dedicated himself to the Commission and the residents of the Contra Costa by offering assistance to all consumers by connecting them to services, hearing their concerns and advocating for improvements in mental health care; and WHEREAS, Mr. Duane Chapman has worked tirelessly towards providing direction to the Mental Health Commissioners by gaining knowledge, and sharing the knowledge by providing trainings to work towards improvement as Commissioners and forming partnerships with the Behavioral Health Services Division and all staff; and WHEREAS, Mr. Duane Chapman is greatly appreciated for his two years of service as the Chair of the Mental Health Commission by its members, the Board of Supervisors, the Behavioral Health Services Division and the members of the community of which he has faithfully served. NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors does hereby recognize Mr. Duane Chapman for his many contributions to the Contra Costa County Mental Health Commission and wishes him the best in his future as the Vice Chair of the Mental Health Commission. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV 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: December 5, 2017 David J. Twa, By: ____________________________________, Deputy December 5, 2017 Conta Costa County Board of Supervisors Minutes 480 C.18 December 5, 2017 Conta Costa County Board of Supervisors Minutes 481 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 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:December 5, 2017 Contra Costa County Subject:Resolution recognizing Sharon Burke upon her resignation from LAFCO December 5, 2017 Conta Costa County Board of Supervisors Minutes 482 AGENDA ATTACHMENTS Resolution No. 2017/440 MINUTES ATTACHMENTS Signed Resolution No. 2017/440 December 5, 2017 Conta Costa County Board of Supervisors Minutes 483 In the matter of:Resolution No. 2017/440 recognizing Sharon Burke upon her resignation from LAFCO. Whereas, Sharon Burke is a long-time Alamo resident who cares passionately about her community, and was one of the chief proponents of the proposed incorporation of Alamo, and became an expert in special districts and county funding of services; and Whereas, Sharon was appointed to LAFCO in 2009 as an Alternate Public Member to fill a vacancy, and was reappointed to LAFCO in 2012 and again in 2016, where she serves as a member of the LAFCO Policies & Procedures Committee and regularly attends CALAFCO events; and Whereas, Sharon’s interest and knowledge of the Local Agency Formation Commission (LAFCO) has benefitted not only the Contra Costa County LAFCO, and the residents of South County, but all residents of Contra Costa County; and Whereas, Sharon has also served as a leader and member of the League of Women Voters, has headed the Children’s Hospital Auxiliary and has served in many PTA leadership roles in the San Ramon Valley Unified School District. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County does hereby honor Sharon Burke in recognition of her commitment to the community through her many years of involvement. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV 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: December 5, 2017 David J. Twa, By: ____________________________________, Deputy December 5, 2017 Conta Costa County Board of Supervisors Minutes 484 C.19 December 5, 2017 Conta Costa County Board of Supervisors Minutes 485 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lia Bristol, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:December 5, 2017 Contra Costa County Subject:Honoring the Life of Ruth Bancroft December 5, 2017 Conta Costa County Board of Supervisors Minutes 486 AGENDA ATTACHMENTS Resolution No. 2017/441 MINUTES ATTACHMENTS Signed Resolution No. 2017/441 December 5, 2017 Conta Costa County Board of Supervisors Minutes 487 In the matter of:Resolution No. 2017/441 In the Matter of Honoring the Life of Ruth Bancroft Whereas Ruth Bancroft was the beloved founder of the world-renowned Ruth Bancroft Gardens; and Whereas, Ruth studied architecture at UC Berkeley, but the stock market crash in 1929 made it difficult to find employment, so Ruth completed a home arts degree and became a high school teacher; and Whereas, she married Philip Bancroft, Jr. in 1939; and Whereas, Ruth moved to the Bancroft family’s 400-acre pear and walnut farm in Walnut Creek, where she and Philip raised three children; and Whereas, when her children were young, she began collecting shells on family trips to Pescardero; and Whereas, she carefully documented each species and date and location where it was collected; and Whereas, a large part of her collection was donated to the California Academy of Sciences, which found great value in its documentation; and Whereas, in the 1950s, Ruth began collecting succulents and creating the gardens that still exist around her home, including a lawn designed by well-known landscape architect Ted Osmundson; and Whereas, Ruth developed a number of gardens in the 1950s, which included the Herb Garden, Rose Garden, Rock Garden, and the Iris Walk; and Whereas, Ruth spent countless hours recording the details of her gardens; and Whereas in 1971 Philip Bancroft Jr. gave her 3.5 acres to plant her succulents and she began her final garden on the site of a former walnut orchard; and Whereas, the Bancroft family formed the nonprofit the Ruth Bancroft Garden on Bancroft Road and was the inspiration for the founding of the Garden Conservancy; and Whereas, a conservation easement was applied to the garden property, the first such case of a garden being preserved through an easement in North America; and Whereas, their first project: the Ruth Bancroft Garden opened to the public in 1992; and Whereas, the Ruth Bancroft Garden is a masterpiece; a deeply personal and original exploration of plants, place and garden design; and Whereas, Ruth worked every day in the garden until she was 97 years old; and Whereas, Ruth shared that gardening for so many years taught her patience; and Whereas, Ruth was deeply admired by those who worked with her, she and her garden inspired generations of visitors and she will be remembered fondly by her community. Now, Therefore, Be It Resolved that the Board of Supervisors honor Ruth Bancroft for her contributions to our community by nurturing her gardens and teaching us to respect the environment and treasure the natural beauty around us. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV 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: December 5, 2017 David J. Twa, December 5, 2017 Conta Costa County Board of Supervisors Minutes 488 By: ____________________________________, Deputy December 5, 2017 Conta Costa County Board of Supervisors Minutes 489 C.20 December 5, 2017 Conta Costa County Board of Supervisors Minutes 490 RECOMMENDATION(S): ADOPT Ordinance No. 2017-27 amending the County Ordinance Code to exclude from the Merit System the new classification of Animal Services Captain-Exempt. FISCAL IMPACT: None. BACKGROUND: The Animal Services Department is requesting to exclude from the Merit System the classification of Animal Services Captain-Exempt. The Animal Services Captain-Exempt position will be responsible for the oversight and management of the Animal Services Field Operations Unit, and supervising Animal Services Lieutenants, Sergeants and Officers engaged in field and center activities. As part of the Department's executive team, the Animal Services Captain-Exempt will advise the Animal Services Director on animal control operation issues and participate in strategic planning, development and execution of Department goals and objectives. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Animal Services Field Operations Unit will not have the critical direction and support to provide adequate animal control services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Arturo Castillo, (925) 608-8408 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Arturo Castillo C. 21 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:December 5, 2017 Contra Costa County Subject:ADOPT Ordinance Code 2017-27 amending the County Ordinance Code December 5, 2017 Conta Costa County Board of Supervisors Minutes 491 AGENDA ATTACHMENTS Ordinance 2017-27 Exclude AS Captain-Exempt MINUTES ATTACHMENTS Signed Ordinance 2017-27 December 5, 2017 Conta Costa County Board of Supervisors Minutes 492 ORDINANCE NO. 2017-27 ORDINANCE NO. 2017-27 (Exclude from the Merit System the new classification of Animal Services Captain-Exempt) 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: Section 33-5.329 of the County Ordinance Code is amended to exclude from the merit system the new classification of Animal Services Captain-Exempt: 33-5.329 - Animal services. (a) The animal services director is excluded and is appointed by the board. (b) The deputy director for animal services is excluded and is appointed by the animal services director. (c) The animal clinic veterinarians and the veterinarian (hourly rate) are excluded and are appointed by the animal services director. (d) The animal services captain-exempt is excluded and is appointed by the animal services director. (Ord. Nos. 2017-27 § 1, 12-05-17; 2012-10 § I, 10-23-12; Ords. 81-70 § 2, 81-32 § I[11, 16], 79-31 § 2, 70-17 §§ 2, 3, 76-62: former §§ 32-2.626, .636) SECTION II: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the ___________________, a newspaper published in this County. PASSED ON ____________________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: December 5, 2017 Conta Costa County Board of Supervisors Minutes 493 ORDINANCE NO. 2017-27 ATTEST: DAVID J. TWA, Clerk of the Board of Supervisors and County Administrator By:_________________________ _____________________________ Deputy Board Chair [SEAL] December 5, 2017 Conta Costa County Board of Supervisors Minutes 494 December 5, 2017 Conta Costa County Board of Supervisors Minutes 495 RECOMMENDATION(S): ADOPT Ordinance No. 2017-02 amending the County Ordinance Code Section 33-5.387 to exclude from the Merit System the classification of EHS Deputy Bureau Director-Exempt (XAD2) and to delete the classification of Deputy Director-Workforce Services - Exempt (XAD8). FISCAL IMPACT: No fiscal impact. BACKGROUND: On November 7, 2017 the EHS Deputy Bureau Director-Exempt classification was established. In addition, Ordinance No. 2017-02 was introduced to amend the County Ordinance Code to exclude the classification from the Merit System and delete the classification of Deputy Director-Workforce Services-Exempt. Since the EHS Deputy Bureau Director-Exempt classification will fulfill the Department's needs for an additional management level between the bureau director classifications and the EHS Division Manager classification in the Workforce Services and Children and Family Services bureaus, there is no longer a need for the specialized Deputy Director-Workforce Services-Exempt classification. The November 14, 2017 Board of Supervisors meeting was fixed as the date for adoption. The EHS Deputy Bureau Director classification will provide the Employment and Human Services Department the additional executive managerial positions to address the growth and changes to program services, manage State and Federal regulations and mandates, and keep abreast of changing trends facing social services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dianne Dinsmore (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: EHDS C. 22 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:December 5, 2017 Contra Costa County Subject:ADOPT Ordinance No. 2017-02 Exclude EHS Deputy Bureau Director-Exempt from the Merit System December 5, 2017 Conta Costa County Board of Supervisors Minutes 496 BACKGROUND: (CONT'D) programs and providers. The EHS Deputy Bureau Director will be assigned to one of the major divisions, and will report to the respective Bureau Director. Responsibilities will include operational management, supervision to management personnel, participate with the respective Bureau Director on strategic planning and program development matters, recommend policy changes on program services and the delivery of services matters. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Employment and Human Services Department will not have the desired managerial staff structure to effectively implement and manage state and federal mandates and policies that pertain to the delivery of child welfare services and public assistance service programs. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following (3) children's outcomes: (1) Families that are Economically Self Sufficient; (2) Families that are Safe, Stable and Nurturing; and (3) Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Ordinance 2017-02 (EHSD) MINUTES ATTACHMENTS Signed Ordinance 2017-02 December 5, 2017 Conta Costa County Board of Supervisors Minutes 497 December 5, 2017 Conta Costa County Board of Supervisors Minutes 498 December 5, 2017 Conta Costa County Board of Supervisors Minutes 499 December 5, 2017 Conta Costa County Board of Supervisors Minutes 500 RECOMMENDATION(S): ACCEPT the resignation of the following individual, DECLARE a vacancy in the Appointee 3 seat on the Alamo Municipal Advisory Council Effective December 6, 2017, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Candace Andersen: Appointee 3 Seat Jill Winspear Alamo, CA 94507 FISCAL IMPACT: None. BACKGROUND: The Alamo MAC may advise the Board of Supervisors on services that are or may be provided to the Alamo community by Contra Costa County or other local government agencies. Such services include, but are not limited to, parks and recreation, lighting and landscaping, public health, safety, welfare, public works, code enforcement, land use and planning, transportation and other infrastructure. The Council may also provide input and reports to the District Supervisor, Board of Supervisors, County staff or any County hearing body on issues of concern to the community. The Council may represent the Alamo community before the Board of Supervisors, County Planning Commission and the Zoning Administrator. The Council may also represent the Alamo community before APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, Alamo MAC, Appointee C. 23 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 5, 2017 Contra Costa County Subject:RESIGNATION FROM THE ALAMO MUNICIPAL ADVISORY COUNCIL December 5, 2017 Conta Costa County Board of Supervisors Minutes 501 BACKGROUND: (CONT'D) the Local Agency Formation Commission on proposed boundary changes effecting the community. The Council may advocate on parks and recreation issues to the Town of Danville and the San Ramon Valley Unified School District. CONSEQUENCE OF NEGATIVE ACTION: The seat will be vacant and could effect quorum. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice December 5, 2017 Conta Costa County Board of Supervisors Minutes 502 December 5, 2017 Conta Costa County Board of Supervisors Minutes 503 RECOMMENDATION(S): APPOINT Elizabeth Dondi to the Contra Costa County In-Home Supportive Services (IHSS) Public Authority Executive Director position at Salary Plan and Grade 8I2 1841 ($7,605 - $9,736), Step 5 ($8,395), effective December 6, 2017, as recommended by the Employment and Human Services Department to the Contra Costa County In-Home Support Services Public Authority. FISCAL IMPACT: Since this is not a County position, there is no fiscal impact to the County. BACKGROUND: The Board of Supervisors (Board) adopted Ordinance 98-14 on March 17, 1998 that established a public authority to provide for the delivery of in-home supportive services The Contra Costa County In-Home Support Services Public Authority Ordinance, Article 55-2.602 dictates that the Board shall appoint the IHSS Public Authority Executive Director. The IHSS Public Authority Executive Director provides overall policy and program direction in cooperation with the Public Authority Advisory Committee and is responsible for management and administration of IHSS PA. The IHSS PA assists low-income elderly, blind and disabled individuals to remain safely in their own homes by paying care providers to perform APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Holly Trieu (925) 608-5024 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Holly Trieu C. 24 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Appoint Elizabeth Dondi to the Contra Costa County In-Home Supportive Services Public Authority Executive Director Position December 5, 2017 Conta Costa County Board of Supervisors Minutes 504 BACKGROUND: (CONT'D) authorized domestic and personal services tasks. Ms. Dondi was selected through a competitive hiring and recruitment process that began in August, and included panel interviews of successful applicants. She has worked for Contra Costa County IHSS Public Authority in various positions since 2002 and has been in a management role since 2008. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the In-Home Supportive Services Public Authority will lack the leadership to oversee the operations of the program. ATTACHMENTS E.Dondi resume EHSD Recommendation Memo December 5, 2017 Conta Costa County Board of Supervisors Minutes 505 Elizabeth Dondi Oakley, CA 94561 Phone: Email: EDUCATION  B.Sc. in Human Resources Management -Western Governors University USA  PHR Certified. COMPUTER SKILLS Microsoft Word, Microsoft Excel, Microsoft Power Point, Microsoft Outlook, CMIPS and Caretracker. EMPLOYMENT March 2017 – Current – Interim Executive Director/ Program Manager – IHSS Public Authority Contra Costa County  Provide overall policy and program direction for Public Authority in cooperation with the Public Authority Advisory Committee.  Responsible for management and administration of the Public Authority.  Supervise Public Authority Staff and ensure staff training and development.  Principle Staff support to the Public Authority Advisory Committee and its subcommittees.  Represent the Public Authority on the Public Authority Advisory Committee.  In coordination with EHSD Fiscal Unit prepare the budget and monitor expenditures to ensure Public Authority operates with the budget.  In coordination with EHSD Contracts Unit prepare the County/Public Authority Interagency Agreement and monitor compliance.  Analyze and interpret ACLs (All County Letters) and ACIN (All County Information Notices) and explain to staff and the Public Authority Advisory Committee; policies, procedures regulations and legislation and the effects of these to staff work and the communities served by the Public Authority. August 2008 – March 2017 – Program Manager – IHSS Public Authority – Contra Costa County  Direct day-to-day operations of the provider registry, provider/consumer training activities and support services, office management and personnel transactions.  Staff support person to Subcommittees of the IHSS Advisory Committee.  Assist Executive Director with on-going design, development and implementation of Public Authority services.  Develop and/or assist in the development of policies and procedures, operating manuals, workflow charts, narrative and statistical reports.  Prepare and maintain statistical, fiscal, payroll and personnel information.  Conduct analytical studies of organizational, budgetary, and administrative issues related to the Public Authority.  Collect data and prepare analysis in connection with Public Authority budget; and assists with preparation of annual budget.  Continually analyze the Public Authority operating database to ensure efficiency and working with the contractor implement changes and customizations.  Monitor Public Authority Contracts to ensure compliance and appropriate renewals dates, December 5, 2017 Conta Costa County Board of Supervisors Minutes 506 2 including the initiation of RFI process when need arises.  Initiate specific correspondence independently for signature by Executive Director or other appropriate management staff.  Under the direction of Executive Director, hire, train and mentor Registry Specialists and Clerical personnel.  Supervise Registry Training Specialists and Clerical personnel and ensure appropriate staff development training and activities.  At the discretion of the Executive Director participate in labor negotiations  Custodian of Records for Criminal Record Investigation (CBI) for providers. April 2005 – August 2008 – Registry Training Specialist – IHSS Public Authority - Contra Costa County  Screen, interview, recruit and refer Registry providers to In Home Supportive Services (IHSS) consumers.  Mediate and assist to resolve conflicts between consumers and providers.  Maintain and update a computerized tracking database for provider applicants and referrals.  Coordinate training for IHSS consumers and providers.  Liaise with Social Workers on individual IHSS cases.  Represent the office at Care Tracker (Public Authority Database) users meetings.  Recommend and manage all changes to the Registry Database. November 2002 – March 2005 –Sr. Benefits Clerk - IHSS Public Authority - Contra Costa County  Enroll Providers in the In Home Supportive Services Program (IHSS).  Maintain and update Provider records using computerized database system.  Make payroll changes, complete wage and employment verifications.  Liaise with Social Workers on actions to be taken on consumer cases.  Answer Consumers and Providers inquiries on various issues related to the IHSS Service.  Respond to a heavy volume of telephone and email inquiries on various IHSS consumer/care- provider issues. March 2002 – October 2002 –Experience Level Clerk - Contra Costa County IHSS East County (Temp)  Provide clerical/secretarial services in the In Home Supportive Services Program.  Support a team composed of seven Social Workers, two Eligibility Work Specialists and a Supervisor.  Initiate, maintain and close consumer case records.  Keep manual/computer files, inquire into computerized database records.  Sorts, direct mail, prepare correspondence and management reports.  Answer a heavy volume of public phone calls, screen and respond appropriately. December 2000- September 2001- Human Resources Manager - World Vision Kenya Relief Program  Provide leadership in Human Resources Department.  Provide and coordinate quality and timely services in the areas of selection, recruitment, compensation, benefits, salary surveys, performance management and training and development for International and National employees.  Administer and managed employee contracts. December 5, 2017 Conta Costa County Board of Supervisors Minutes 507 3  Supervise Human Resources Officer and Human Resources Assistant.  Set up the HR Department and implemented effective HR systems. January 2000 – November 2000 – Human Resources Manager – World Vision Angola  Provide leadership for the Human Resources Department.  Provide quality services in the areas of Recruitment, Selection, Job Evaluation, Salary Surveys, Performance Management, Human Resources Planning, Training and development, Compensation and Benefits.  Manage and administer contracts for International and National employees.  Formulate appropriate policies to govern employee benefits.  Supervise Human Resources Officer and Liaison Officer. 1995 – 1999 Human Resources Specialist – World Vision Sudan/Somalia Program  Manage compensation and benefits administration for International and National employees.  Provide quality services in the areas of Recruitment and Selection.  Administer and manage contracts for both National and International employees.  Formulate appropriate policies to govern employee benefits  Conduct compensation and benefits surveys and make recommendations to management  Supervise the Human Resources Assistant. PERSONAL ATTRIBUTES Adaptable, organized, detail oriented, dependable, good listener, fast learner and decisive. Ability to work independently and in a team, to multitask and to work with changing priorities. Excellent communication skills, good judgment and good work ethics. December 5, 2017 Conta Costa County Board of Supervisors Minutes 508 December 5, 2017 Conta Costa County Board of Supervisors Minutes 509 RECOMMENDATION(S): ACCEPT the resignations of Liliana Gonzalez and Tracy Ward, DECLARE a vacancy in the At-Large #4 and #9 seats on the Contra Costa Commission for Women, and DIRECT the Clerk of the Board to post the vacancies. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Contra Costa Commission for Women (CCCW) was formed to educate the community and advise the Contra Costa County Board of Supervisors and other entities on the issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Commission consists of 20 members and one alternate, including: five district representatives, 15 At-Large members, and one At-Large alternate. CCCW terms are for three years and they are staggered across the membership. Ms. Gonzalez has notified the Commission and the County Administrator's Office of her resignation. Upon reviewing Ms. Ward's attendance record and in accordance with the Commission's current bylaws, the Membership Review Committee has made the recommendation to remove Ms. Ward from her current position of At-Large Seat #4. The Commission has attempted to contact Ms. Ward on several occasions and were unsuccessful in receiving a response. These resignations will leave vacant the At-Large Seat #4 which expires on February 28, 2020 and the At-Large Seat #9 which expires on February 28, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 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:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Resignations on the Contra Costa Commission for Women December 5, 2017 Conta Costa County Board of Supervisors Minutes 510 CONSEQUENCE OF NEGATIVE ACTION: The resignations will not be posted and the seats will not be properly posted. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice December 5, 2017 Conta Costa County Board of Supervisors Minutes 511 December 5, 2017 Conta Costa County Board of Supervisors Minutes 512 RECOMMENDATION(S): APPOINT Branin Cook to the Local Committee Oakley Seat on the Advisory Council on Aging for a two-year term of September 30, 2017 through September 30, 2019, as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: No fiscal impact. BACKGROUND: The following individual, Branin Cook, is being recommended for appointment to the Local Committee Oakley seat on the Advisory Council on Aging for the two-year term of September 30, 2017 through September 30, 2019. This seat is currently vacant. The appointment of Mr. Cook was recommended by the City of Oakley (letter attached). The Advisory Council on Aging (Council) provides a means for county-wide planning, cooperation, and coordination for individuals and groups interested in improving and developing services and opportunities for the older residents of Contra Costa County. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 26 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Appointment to the Advisory Council on Aging December 5, 2017 Conta Costa County Board of Supervisors Minutes 513 CONSEQUENCE OF NEGATIVE ACTION: The Advisory Council on Aging may not be able to conduct routine business. ATTACHMENTS Branin Cook Application & City Resolution December 5, 2017 Conta Costa County Board of Supervisors Minutes 514 December 5, 2017 Conta Costa County Board of Supervisors Minutes 515 December 5, 2017 Conta Costa County Board of Supervisors Minutes 516 December 5, 2017 Conta Costa County Board of Supervisors Minutes 517 December 5, 2017 Conta Costa County Board of Supervisors Minutes 518 December 5, 2017 Conta Costa County Board of Supervisors Minutes 519 December 5, 2017 Conta Costa County Board of Supervisors Minutes 520 RECOMMENDATION(S): RE-APPOINT Dan Bundy to the Community Representative 1 seat on the Affordable Housing Finance Committee to a term that will expire on June 30, 2020. FISCAL IMPACT: None. BACKGROUND: The Affordable Housing Finance Committee advises the Board of Supervisors on the annual allocation of approximately $1.5 million in HOME Investment Partnership Act and $1.8 million in Community Development Block Grant funds for affordable housing development in Contra Costa County. These funds are allocated to the County on an annual basis by formula through the U.S. Department of Housing and Urban Development. The Committee consists of nine members, including: three city representatives (one each from East, Central and West County) three county representatives; and three community representatives. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kara Douglas 925-674-7880 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 , County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 27 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 5, 2017 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE AFFORDABLE HOUSING FINANCE COMMITTEE December 5, 2017 Conta Costa County Board of Supervisors Minutes 521 BACKGROUND: (CONT'D) > The three city representatives are nominated by the cities in each subregion of the County and approved by the Board of Supervisors. Nominations for county and community representatives are solicited by the Department of Conservation and Development. All county and community representative appointments to the AHFC are reviewed by the Internal Operations Committee and referred to the Board of Supervisors for approval. AHFC terms are for three years. A current AHFC roster is attached for your information (Attachment A). The Internal Operations Committee, on November 9, approved the nomination to reappoint Mr. Bundy. With the reappointment of Mr. Bundy, there will be one vacancy for a County representative, and an expired term for the East County Cities representative. That member has expressed interest to continue serving on the committee. County staff will work with the East County Cities to forward a recommendation to the Board of Supervisors. ATTACHMENTS Affordable Housing Finance Committee Member Roster December 5, 2017 Conta Costa County Board of Supervisors Minutes 522 Attachment A CONTRA COSTA CONSORTIUM AFFORDABLE HOUSING FINANCE COMMITTEE CITY REPRESENTATIVES East County Representative (City 1) Eric C. Brown Term expired June 30, 2017 Brentwood, CA 94513 Email: West County Representative (City 2) Lisa Motoyama Term expires June 30, 2018 El Cerrito, CA 94530 Email: County Representative (City 3) Calvin S. Robie Term expires June 30, 2019 Senior Vice President Bank of Walnut Creek (retired) Pleasant Hill, California 94523 Phone: Email: COUNTY REPRESENTATIVES Vacant Term expired June 30, 2017 December 5, 2017 Conta Costa County Board of Supervisors Minutes 523 10/3/2017 C:\Users\jenea\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LSM1V06G\AHFC Member List Sept_2017doc.doc Willie J. Robinson Term expires June 30, 2018 William J. Robinson, Construction Management El Sobrante, CA 94803 Phone: Email: Tom Shepard (County 3) Term expires June 30, 2019 Moraga, CA 94556 Phone: Email: COMMUNITY REPRESENTATIVES Dan Bundy (Community 1) Term expired June 30, 2017 Harmony Homes Associated Walnut Creek, CA 94597 Phone: Email: Bijal Patel (Community 2) Term expires June 30, 2018 Lubin Olson & Niewiadomski San Francisco, CA 94111 Phone: Email: Lisa Caronna (Community 3) Term expires June 30, 2019 Kensington, CA 94707 Phone: Email: December 5, 2017 Conta Costa County Board of Supervisors Minutes 524 10/3/2017 C:\Users\jenea\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LSM1V06G\AHFC Member List Sept_2017doc.doc COMMITTEE STAFF Kara Douglas Assistant Deputy Director Phone: (925) 674-7880 Email: kara.douglas@dcd.cccounty.us Gabriel Lemus CDBG Program Manager Phone: (925) 674-7882 Email: Gabriel.lemus@dcd.cccounty.us Christine Louie Housing Planner Phone: (925) 674-7787 Email: Christine.Louie@dcd.cccounty.us Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Fax (925) 674-7258 December 5, 2017 Conta Costa County Board of Supervisors Minutes 525 RECOMMENDATION(S): APPOINT in lieu of election Doug Rischbieter, Katie Wadsworth, and Otome Lindsey to serve on the Board of Trustees of Reclamation District 2122 (Winter Island), for a term of four years, four years, and two years, respectively, as listed below: Doug Rischbieter: 4-year term Katie Wadsworth: 4-year term Otome Lindsey: 2-year term FISCAL IMPACT: No fiscal impact. BACKGROUND: The Board of Supervisors has received correspondence from the Gallery & Barton, a professional law corporation representing Reclamation District Number 2122 (Winter Island). On behalf of the Reclamation District, Jesse Barton has respectfully requested that the Board of Supervisors make the appointments in lieu of elections. The appointments will fill three open seats on the Reclamation District’s Board of Trustees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Emlyn Struthers 925.335.1919 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 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:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Reclamation District 2122 (Winter Island) December 5, 2017 Conta Costa County Board of Supervisors Minutes 526 BACKGROUND: (CONT'D) Correspondence from the firm specifies that the District received only three nominations for three open seats, and that all applications were filed by the incumbents. The District received no petitions from landowners requesting that an election be held, and indicates that they have published notice that the election was canceled, consistent with Water Code section 50741. Pursuant to Water Code Section 50741-50721, Reclamation District 2122 requests that the three incumbents be appointed to additional terms. In addition, in order to preserve staggered terms consistent with Water Code section 5062, the District requests a two-year term of appointment for Otome Lindsey, instead of the typical four-year term. CONSEQUENCE OF NEGATIVE ACTION: The proposed nominee to the Board of Trustees for Reclamation District No. 2122 would not be approved, and the District’s Board of Trustees would be unable to conduct business. ATTACHMENTS Reclamation District 2122 Letter December 5, 2017 Conta Costa County Board of Supervisors Minutes 527 December 5, 2017 Conta Costa County Board of Supervisors Minutes 528 RECOMMENDATION(S): ACCEPT resignation of Gary Eberhart, DECLARE a vacancy in the District IV-B Seat on the Alcohol and Other Drugs Advisory Board, and Direct the Clerk of the Board to post the vacancy, as recommended by Supervisor Karen Mitchoff. FISCAL IMPACT: None. BACKGROUND: The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding treatment and prevention of alcohol and drug abuse problems. They report the findings and recommendations to the Contra Costa Health Services Department, the Board of Supervisors and the communities they serve. The Alcohol and Other Drugs Advisory Board in collaboration with the Alcohol and Other Drug Services Division of Contra Costa Health Services. They provide input and recommendations as they pertain to alcohol and other drugs prevention, intervention, and treatment services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dominic Aliano, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 29 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:December 5, 2017 Contra Costa County Subject:ACCEPT Resignation of Gary Eberhart for the District IV-B Seat on the Alcohol and Other Drugs Advisory Board December 5, 2017 Conta Costa County Board of Supervisors Minutes 529 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice December 5, 2017 Conta Costa County Board of Supervisors Minutes 530 December 5, 2017 Conta Costa County Board of Supervisors Minutes 531 RECOMMENDATION(S): ACCEPT the resignation of Dorothy Gantt, DECLARE a vacancy in the Local Committee San Pablo Seat on the Advisory Council on Aging, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: No fiscal impact. BACKGROUND: Ms. Gantt is no longer serving as the Local Committee Seat, City of San Pablo representative to the Advisory Council on Aging. She was appointed on September 13, 2016. The Seat will expire September 30, 2018. The Advisory Council on Aging (Council) provides a means for county-wide planning, cooperation, and coordination for individuals and groups interested in improving and developing services and opportunities for the older residents of Contra Costa County. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 30 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:ACCEPT Resignation of Dorothy Gantt from the Advisory Council on Aging December 5, 2017 Conta Costa County Board of Supervisors Minutes 532 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice December 5, 2017 Conta Costa County Board of Supervisors Minutes 533 December 5, 2017 Conta Costa County Board of Supervisors Minutes 534 RECOMMENDATION(S): Acting as the Governing Board of the Contra Costa County Fire Protection District, APPROVE Appropriation and Revenue Adjustment No. 5007 authorizing use of revenue in the amount of $500,000 from fund balance and appropriating it for the purchase, delivery, and installation of furniture for the new headquarters of the Contra Costa County Fire Protection District. FISCAL IMPACT: 100% Special District Revenue. Use of fund balance, not to exceed $450,000 from the Fire District General Fund (Fund No. 202000) and not to exceed $50,000 from the EMS Transport Fund (Fund No. 204000). BACKGROUND: The Contra Costa County Fire Protection District (District) Administration Office and Fire Prevention Bureau have been located at 2010 Geary Road in Pleasant Hill since the 1975. The District's Emergency Medical Services Division currently operates out of a temporary structure. The population served by the District has grown significantly since 1975, as has the mission and scope of services provided by the District. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jackie Lorrekovich, Chief, Admin Services (925) 941-3312 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 31 To:Board of Supervisors From:Jeff Carman, Chief, Contra Costa County Fire Protection District Date:December 5, 2017 Contra Costa County Subject:Appropriation and Revenue Adjustment – Furniture for New Fire District Headquarters December 5, 2017 Conta Costa County Board of Supervisors Minutes 535 BACKGROUND: (CONT'D) The present buildings are no longer adequate for the needs of the District. In July 2017, the Board authorized the Fire Chief to execute a lease for the space located at 4005 Port Chicago Highway in the City of Concord, and the tenant improvements are now in progress. Once the tenant improvements are completed, it will be necessary to outfit the building with furniture so that the offices are fully functional. The new furniture is ergonomically designed and is fully compliant with the Americans with Disabilities Act. AGENDA ATTACHMENTS Appropriations and Revenue Adjustment No. 5007 MINUTES ATTACHMENTS Signed: Appropriation & Revenue Adjustment No. 5007 December 5, 2017 Conta Costa County Board of Supervisors Minutes 536 December 5, 2017Conta Costa County Board of Supervisors Minutes537 December 5, 2017Conta Costa County Board of Supervisors Minutes538 December 5, 2017 Conta Costa County Board of Supervisors Minutes 539 December 5, 2017 Conta Costa County Board of Supervisors Minutes 540 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment #5025 authorizing adjustments to Federal, State and County expenditure and revenue budgets in the Adoptions Assistance and General Assistance program areas. FISCAL IMPACT: This action will adjust both the expenditure and revenue budgets to more accurately reflect an increase in Adoptions Assistance revenues and costs for FY 17/18. FY 17/18 Adoptions Assistance revenue is increasing by $579,252, however costs for the program are expected to increase by $626,444. The net increase of $47,192 in expenditures will be offset by a small projected decrease in General Assistance expenditures, which this appropriation adjustment will correct. The revenue increase is 80% Federal and 20% State revenue, and there is no additional net county cost. BACKGROUND: Children and Family Services Bureau received an increase in Adoptions Assistance revenue, however they are also currently projecting budget expenditure overages in Adoptions Assistance due to increased costs. The overage will be offset by a projected decrease of $47,192 in General Assistance expenditures. This requested appropriation adjustment will better align this fiscal year's expenditures and revenues for a balanced budget. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 32 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Employment & Human Services Department Appropriation Adjustments December 5, 2017 Conta Costa County Board of Supervisors Minutes 541 CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated. AGENDA ATTACHMENTS TC 24/27 No. 5025 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5025 December 5, 2017 Conta Costa County Board of Supervisors Minutes 542 December 5, 2017Conta Costa County Board of Supervisors Minutes543 December 5, 2017Conta Costa County Board of Supervisors Minutes544 December 5, 2017 Conta Costa County Board of Supervisors Minutes 545 December 5, 2017 Conta Costa County Board of Supervisors Minutes 546 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5026 authorizing revenue and expenditure adjustments due to an Interdepartmental Services Agreement with the Health Services Department in the amount of $2,324,680 for the Community Connect Whole Person Care Pilot Program, in the Employment and Human Services Department. FISCAL IMPACT: This action will establish the revenue and expenditure budgets related to the Community Connect Whole Person Care Pilot Program (WPC) in the Employment and Human Services Department as a result of a $2,324,680 Interagency Departmental Agreement with the Health Services Department. Employment and Human Services Department has committed a staff of 17 individuals to assist in the implementation of the WPC and this request will establish a budget within the WPC org for these positions. (100% State) BACKGROUND: In July, 2016 Contra Costa County Health Services (CCHS) Department submitted an application to the California Department of Health Care Services (DHCS) for implementation of a Whole Person Care (WPC) Pilot Program. In October, 2016, DHCS approved the application and awarded CCHS $40,000,000 annually over five years to implement a WPC Pilot Program along with eighteen other county health care systems. The overall goal of the WPC program is to increase coordination of health, behavioral health, and social services for Medi-Cal recipients who are at high risk of utilizing high acuity medical services across multiple delivery systems. The program will provide integrated APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 33 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Employment and Human Services Department - CommunityConnect Whole Person Care December 5, 2017 Conta Costa County Board of Supervisors Minutes 547 BACKGROUND: (CONT'D) physical health, behavioral health, and social services in a patient-centered manner in order to improve the health and well-being of this vulnerable population. Team-based case management and care coordination are two of the major aspects of the service delivery model for this program. CCHS has asked the Employment and Human Services Department (EHSD) to assist in case management and care coordination of social services for this vulnerable population. EHSD has dedicated 17 positions in order to provide social service case management and care coordination. EHSD social work staff will be co-located with Health Services staff at the WPC work site and will be physically embedded within the project’s interdisciplinary work teams. Under an interdepartmental agreement, CCHS will transfer funds to EHSD from its WPC revenue to cover all the costs of EHSD staff assigned to the project. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated. AGENDA ATTACHMENTS TC24/27 No. 5026 MINUTES ATTACHMENTS Signed: Appropriation & Adjustments No. 5026 December 5, 2017 Conta Costa County Board of Supervisors Minutes 548 December 5, 2017Conta Costa County Board of Supervisors Minutes549 December 5, 2017Conta Costa County Board of Supervisors Minutes550 December 5, 2017 Conta Costa County Board of Supervisors Minutes 551 December 5, 2017 Conta Costa County Board of Supervisors Minutes 552 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5028 authorizing an adjustment to expenditures and revenues in the Aging and Adult Services Bureau. Adjustments are based on the revised methodology for the FY 17/18 budget of the In-Home Supportive Services Maintenance of Effort structure, and the redirection of AB85 and 1991 Realignment revenues from the Health Services and Mental Health accounts to the Social Services account. FISCAL IMPACT: This action will adjust revenue allocations in the amount of $7,129,395 based on the revised methodology of the In-Home Supportive Services (IHSS) Maintenance of Effort (MOE) County share, the redirection of AB85 funds to IHSS , redirection of 1991 Realignment funds to IHSS, and the projected funds to be received as part of the accelerated caseload growth. Also, this action will adjust expenditures in the amount of $7,129,395 for the MOE recalculation, increased costs for IHSS Provider payments, retirement costs, and Contra Costa Health Plan costs. (11% Federal, 56% State, 33% 91 Realignment) BACKGROUND: In June 2017, the new In-Home Supportive Services (IHSS) trailer bill (contained in SB 90) was signed into law, thereby implementing the Governor's May Revision proposal to mitigate the fiscal impact of the elimination of the IHSS Maintenance of Effort (MOE). A new MOE was proposed which included increased costs and identified new sources of revenue to offset those County costs including the redirection of funds from the Health Services and Mental Health AB85 and 1991 Realignment accounts and the addition of accelerated caseload growth. Based on the California State Association of Counties' (CSAC) estimates, the Employment and Human Services Department is projecting an increase of approximately $7.1 million of expenditures and revenue. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 34 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Employment and Human Services Department Appropriation Adjustment for In-Home Supportive Services Public Authority December 5, 2017 Conta Costa County Board of Supervisors Minutes 553 December 5, 2017 Conta Costa County Board of Supervisors Minutes 554 CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated. AGENDA ATTACHMENTS TC 24/27 No. 5028 MINUTES ATTACHMENTS Signed: Appropriation & Adjustment No. 5028 December 5, 2017 Conta Costa County Board of Supervisors Minutes 555 December 5, 2017Conta Costa County Board of Supervisors Minutes556 December 5, 2017Conta Costa County Board of Supervisors Minutes557 December 5, 2017 Conta Costa County Board of Supervisors Minutes 558 December 5, 2017 Conta Costa County Board of Supervisors Minutes 559 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5030 authorizing adjustments to expenditures and revenues in the amount of $269,102 to reflect a loss of federal revenue in the Workforce Development Board’s One-Stop Center (0583), and the elimination of two vacant positions. APPROVE Appropriation and Revenue Adjustment No. 5031 and No. 5032 authorizing adjustments to expenditures and revenues in Workforce Services (0504), Aging and Adult Services (0503), and Administration Services (0501) bureaus as a result of a decrease in CalFresh revenue allocations, and additional funding available in other program areas to offset the staffing impacts of the CalFresh reductions. FISCAL IMPACT: This action will adjust both expenditures and revenues to reflect a decrease in revenue allocations and subsequent staffing adjustments in the Workforce Development Board (Org 0583), the Aging & Adult Services Bureau (Org 0503), the Workforce Services Bureau (Org 0504), and the Administration Bureau (Org 0501). The overall adjustments of $682,892 has a net effect of decreasing both revenues and expenditures by $145,175. There is no additional net County cost. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 35 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Employment and Human Services Department - Appropriation Adjustments for FY 17/18 Budget Rebalance December 5, 2017 Conta Costa County Board of Supervisors Minutes 560 BACKGROUND: The requested actions will rebalance the FY 2017/18 Employment and Human Services Department budget. Due to a loss in revenue, two vacant positions at the Workforce Development Board's One-Stop Center are being eliminated effective December 31, 2017, resulting in a net decrease to both revenues and expenditures of $121,202. The Department also seeks to make adjustments to expenditure and revenue budgets as a result of a decrease in the CalFresh revenue allocation that results in a change to the County’s federal and state match requirements. Due to the loss of revenue, one vacant Social Worker position and one vacant Eligibility Worker Supervisor position currently in Workforce Services are being eliminated effective December 31, 2017. The resulting decrease in match requirement for Workforce Development Board and CalFresh programs makes federal and state revenues available in Aging and Adult Services programs. Those revenues will fund the addition of one Deputy Director and one Administrative Services Assistant III positions. These actions will result in slight net county savings that are being repurposed to General Assistance County Aid in the Employment and Human Services Department. These actions will result in a net decrease of $23,973 in revenue and expenditures to the Department, and including the Workforce Development Board adjustments will ultimately result in a net effect of $145,175. The combination of all three of these Appropriation Adjustments will result in a net decrease of $145,175 in revenue and expenditures to the Department, and return the budget to being balanced. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated. AGENDA ATTACHMENTS Appropr Adj 5030 Approp Adj 5031 Approp Adj 5032 MINUTES ATTACHMENTS Signed: Appropriation & Adj. 5030 Signed: Appropriation & Adj. 5031 Signed: Appropriation & Adj. 5032 December 5, 2017 Conta Costa County Board of Supervisors Minutes 561 December 5, 2017Conta Costa County Board of Supervisors Minutes562 December 5, 2017Conta Costa County Board of Supervisors Minutes563 December 5, 2017Conta Costa County Board of Supervisors Minutes564 December 5, 2017Conta Costa County Board of Supervisors Minutes565 December 5, 2017Conta Costa County Board of Supervisors Minutes566 December 5, 2017Conta Costa County Board of Supervisors Minutes567 December 5, 2017 Conta Costa County Board of Supervisors Minutes 568 December 5, 2017 Conta Costa County Board of Supervisors Minutes 569 December 5, 2017 Conta Costa County Board of Supervisors Minutes 570 December 5, 2017 Conta Costa County Board of Supervisors Minutes 571 December 5, 2017 Conta Costa County Board of Supervisors Minutes 572 December 5, 2017 Conta Costa County Board of Supervisors Minutes 573 RECOMMENDATION(S): 1) APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute, on behalf of the County, an amendment to the memorandum of understanding with cities and water agencies in east Contra Costa County regarding coordinated groundwater management of the Tracy Subbasin, to allow the County to provide in-kind services in lieu of payment to support the parties’ development of a sustainable groundwater management plan for the portion of the east Contra Costa County subbasin, and take related actions. 2) DESIGNATE the Director of Conservation and Development, or designee, to be the County’s representative for all actions the County performs under the MOU, as amended. 3) DECLARE Contra Costa County's support for the City of Brentwood's Proposition 1 grant application to the Department of Water Resources for funding portions of the development of a Groundwater Sustainability Plan for the Tracy Subbasin. FISCAL IMPACT: No impact to the General Fund. Costs to prepare the groundwater sustainability plan will be divided evenly among the parties to the MOU, except that the County may elect to satisfy some or all of its cost-share obligation through in-kind services performed by County staff, which will be funded by the Water Agency. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ryan Hernandez (925) 674-7824 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 36 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 5, 2017 Contra Costa County Subject:First Amendment to the East County Groundwater Sustainability MOU December 5, 2017 Conta Costa County Board of Supervisors Minutes 574 BACKGROUND: On April 25, 2017, the Board adopted Resolution Number 2017/148 declaring Contra Costa County's intent to become a Groundwater Sustainability Agency (GSA) and authorized execution of a Memorandum of Understanding (MOU) with east county entities to prepare a Groundwater Sustainability Plan for the portion of the Tracy Subbasin within Contra Costa County. The east county entities that also are parties to the MOU include the Cities of Antioch and Brentwood, Contra Costa Water District, Diablo Water District, East Contra Costa Irrigation District, and the Discovery Bay Community Services District. The MOU was executed shortly after the Board hearing and became effective on May 9, 2017. Additionally, the County submitted an application to the Department of Water Resources regarding becoming a GSA on May 11, 2017 and 90 days later, on August 10, 2017, Contra Costa County became the exclusive Groundwater Sustainability Agency for a portion of the Tracy Subbasin within east Contra Costa County, as further described in the resolution. The other parties to the MOU also applied and became exclusive GSAs for their portion of the Tracy Subbasin within Contra Costa County, as described in the MOU. The parties entered into the MOU in order to develop a groundwater sustainability plan (GSP) for the East Contra Costa County Portion of the Tracy Subbasin. The MOU reflects the Parties’ general agreement that the costs of developing the GSP should be split evenly among the Parties. The MOU also generally allowed the County to provide in-kind services to satisfy some or all of its cost-share obligations. This amendment to the MOU establishes a process, undertaken annually, through which the parties agree on the GSP-preparation services to be performed. The County will determine annually whether it will provide in-kind services. The County will be responsible for paying the other parties true-up payments at the end of the year if the value of its in-kind services is less than what the amount of its cost share would have been. If the value of in-kind services exceeds what the cost-share would have been, the excess is carried over to satisfy next year’s in-kind service contribution. The MOU establishes how the value of County in-kind services will be calculated. In addition, this amendment designates Brentwood as the party that will serve as the contracting Party with the consultant on behalf of all of the other Parties. The Parties wish to memorialize their mutual agreements by means of this First Amendment, attached. The Conservation and Development Department Director recommends the Board adopt the First Amendment to the MOU for the development of a Groundwater Sustainability Plan for the East Contra Costa County Portion of the Tracy Subbasin. The City of Brentwood is preparing a grant application to the State that would cover some of the costs of preparing a Groundwater Sustainability Plan. If approved, such a grant would reduce local agencies' share of the costs. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not adopt the first amendment to the MOU, the County would have no process in place to provide in-kind services that could offset some of the costs of preparing the Groundwater Sustainability Plan for the portion of the Tracy Subbasin within Contra Costa County. ATTACHMENTS First Amendment GSA MOU December 5, 2017 Conta Costa County Board of Supervisors Minutes 575 FIRST AMENDMENT 1 Memorandum of Understanding for the Development of a Groundwater Sustainability 2 Plan for the East Contra Costa County Portion of the Tracy Subbasin, 3 (DWR Basin 5-22.15, San Joaquin Valley) 4 5 This First Amendment to the Memorandum of Understanding (“MOU”) for the 6 Development of a Groundwater Sustainability Plan for the East Contra Costa County Portion of 7 the Tracy Subbasin, (DWR Basin 5-22.15, San Joaquin Valley) (“First Amendment”) is entered 8 into and effective this ___day of ______ , 2017, by and among the City of Antioch (“Antioch”), 9 the City of Brentwood (“Brentwood”), Byron-Bethany Irrigation District (“BBID”), Contra 10 Costa Water District (“CCWD”), Contra Costa County (“County”), Diablo Water District 11 (“DWD”), East Contra Costa Irrigation District (“ECCID”), and Discovery Bay Community 12 Services District (“Discovery Bay”). Each of the parties to this First Amendment is sometimes 13 referred to as a “Party” and are collectively sometimes referred to as the “Parties.” 14 15 Recitals 16 A. On May 9, 2017, the Parties entered into the MOU in order to develop a 17 groundwater sustainability plan (“GSP”) for the East Contra Costa County Portion of the Tracy 18 Subbasin (the “Basin”). 19 20 B. The MOU reflects the Parties’ agreement that the costs of developing the GSP 21 should be split evenly among the Parties. 22 23 C. Previously, Brentwood contracted with Luhdorff and Scalmanini (“Consultant”) 24 on behalf of Brentwood, Byron-Bethany Irrigation District, Diablo Water District, East Contra 25 Costa Irrigation District, and Discovery Bay Community Services District for technical work to 26 support compliance with the Sustainable Groundwater Management Act in the East Contra Costa 27 County portion of the Tracy Subbasin. Paragraph 2(e)(2) of the MOU required CCWD and 28 Antioch to make certain payments to BBID, Brentwood, DWD, ECCID, and Discovery Bay in 29 order to reallocate costs incurred under a contract with Consultant dated April 1, 2015. CCWD 30 and Antioch have made those payments. 31 32 December 5, 2017 Conta Costa County Board of Supervisors Minutes 576 D. The Parties now wish to embark on preparing the GSP and wish to share the cost 33 of that effort equally as contemplated in the MOU. Moreover, the Parties desire for Brentwood, 34 again, to serve as the contracting Party with Consultant on behalf of all of the other Parties. 35 E. The Parties wish to memorialize their mutual agreements by means of this First 36 Amendment. 37 Agreements 38 39 1. Contracting with Consultant & Cost Share Among the Parties 40 41 As of the effective date of this First Amendment, Paragraph 2(e) in the MOU is deleted in 42 its entirety and replaced with new Paragraph 2(e) to read: 43 44 e. Contracting with Consultant & Cost Share Among the Parties. 45 46 (1) Contracting with Consultant. 47 48 A. Contract for the Preparation of the GSP. Brentwood, acting on behalf of the other 49 Parties, shall promptly enter into an agreement with Luhdorff and Scalmanini (“Consultant”) for 50 the preparation of the GSP for the Basin. 51 52 B. Annual Budgets and Scopes of Work. 53 54 i. Fiscal Year 2017/18. Not later than December 1, 2017, Brentwood shall 55 obtain a proposed budget and scope from Consultant for services during Fiscal Year (July 1 – 56 June 30) 2017/18. Brentwood shall promptly provide the proposed budget and scope to the other 57 Parties and shall give the other Parties at least ten business days to review the budget and scope 58 and provide written comments to Brentwood. Such comments shall include each Party’s 59 determination as to whether it is willing to pay its share of the cost of the work, as identified in 60 Paragraph 2(e)(2) below. If, after ten business days, no Party has indicated in writing that it is 61 unwilling to pay its share of the cost of the work, the Consultant’s budget and scope for Fiscal 62 December 5, 2017 Conta Costa County Board of Supervisors Minutes 577 Year 2017/18 shall be deemed approved and Brentwood shall take such actions as may be 63 necessary to cause Consultant to perform the services included in that budget and scope of work. 64 In the event that one or more Parties object to the proposed budget and scope of work, the Parties 65 shall promptly meet and confer to determine an appropriate course of action. 66 67 ii. Subsequent Fiscal Years. Not later than each February 15, beginning on 68 February 15, 2018, Brentwood shall obtain a proposed budget and scope from Consultant for 69 services during the upcoming fiscal year. Brentwood shall promptly provide the proposed 70 budget and scope to the other Parties and shall give the other Parties until each March 15 to 71 review the proposed budget and scope, and provide written comments to Brentwood. Such 72 comments shall include each Party’s determination as to whether it is willing to pay its share of 73 the cost of such work, as identified in Paragraph 2(e)(2). If, after each March 15, no Party has 74 indicated in writing that it is unwilling to pay its share of the cost of such work, the Consultant’s 75 budget and scope for the upcoming fiscal year shall be deemed approved and Brentwood shall 76 take such actions as may be necessary to cause Consultant to perform the services included in 77 that budget and scope of work. In the event that one or more Parties object to the proposed 78 budget and scope of work, the Parties shall promptly meet and confer to determine an 79 appropriate course of action. 80 81 C. Payments by Parties to Brentwood. Brentwood shall, upon receipt of 82 Consultant’s monthly invoices, pay Consultant for services rendered during the previous month. 83 Brentwood will promptly provide invoices to the other Parties identifying their shares of the cost 84 of the previous month’s work and such other Parties shall pay said invoices within 30 days of 85 receipt. 86 87 (2) Cost-Share for East CC Basin GSP. The costs associated with developing the 88 East CC Basin GSP (“GSP Costs”), including but not limited to, any local cost-shares required 89 by state or federal grants, will be shared equally among the Parties. 90 91 A. In-Kind Services Provided by County. The County, at its sole discretion, may 92 satisfy its share of GSP Costs by providing in-kind services, which may include but may not be 93 December 5, 2017 Conta Costa County Board of Supervisors Minutes 578 limited to mapping, graphics, and database management services. For Fiscal Year 2017/18, the 94 County will provide written notice to the other Parties by December 1, 2017, stating either that 95 the County will pay its share of GSP Costs during Fiscal Year 2017/18, or that the County will 96 provide in-kind services in lieu of paying its share of GSP Costs during Fiscal Year 2017/18. 97 For each fiscal year following Fiscal Year 2017/18, the County will provide written notice to the 98 other Parties by the March 15 immediately preceding the fiscal year stating either that the 99 County will pay its share of GSP Costs in the fiscal year, or that the County will provide in-kind 100 services in lieu of paying its share of GSP Costs in the fiscal year. In the case of payments to 101 Consultant or other vendors where the County wishes to substitute in-kind services for direct 102 payments, Brentwood shall allocate such invoices equally among the Parties other than the 103 County. Notwithstanding anything to the contrary contained herein, no Party shall be obligated 104 to pay the County for the value of any in-kind services provided by the County, and the value of 105 any in-kind services provided by the County shall only act as a credit towards the County’s share 106 of GSP Costs, as more particularly described in Paragraph 2(e)(2)(B). 107 B. Annual Accounting. Brentwood shall prepare an annual accounting by October 108 1, 2018, and by each October 1 thereafter, that shows all GSP Costs for the previous fiscal year 109 and that identifies in-kind services provided by the County and the County’s calculation of the 110 value of those in-kind services. By July 30th following the end of a fiscal year, the County will 111 provide Brentwood an accounting of the County’s in-kind services during the prior fiscal year, 112 and any carry-over value of in-kind services provided during any fiscal years preceding the prior 113 fiscal year. The value of the County’s in-kind services will be calculated based on (1) the then-114 current fully-burdened hourly rates for County staff time, benefits, and overhead, and (2) the 115 County’s actual costs for any materials or supplies required to provide the in-kind services. 116 117 i. Upon written notice to the other Parties no later than 15 days after 118 receiving Brentwood’s annual accounting, any Party other than the County may dispute the 119 County’s calculation of the value of the in-kind services that the County provided during the 120 fiscal year for which the accounting is prepared, but no Party may challenge the value of in-kind 121 services that were carried over from any fiscal year preceding the fiscal year for which the 122 accounting is prepared. In the event that one or more Parties provide notice of a dispute under 123 December 5, 2017 Conta Costa County Board of Supervisors Minutes 579 this subparagraph, the Parties shall promptly meet and confer in an effort to resolve the dispute 124 to the satisfaction of all Parties. The County’s obligation to make any payments to other Parties 125 under Paragraph 2(e)(2)(B)(ii) shall be tolled until the County receives, from each disputing 126 Party, written notice that the dispute has been resolved to the disputing Party’s satisfaction. 127 128 ii. Except as expressly provided in Paragraph 2(e)(2)(B)(i), in the event that 129 Brentwood’s annual accounting shows that the value of the in-kind services provided by the 130 County during the fiscal year for which the accounting is prepared, plus any carry-over value for 131 in-kind services provided in any preceding fiscal years, is less than the individual contributions 132 of the other Parties during the fiscal year for which the annual accounting is prepared, the 133 County shall provide, by the November 30 following receipt of the annual accounting, payments 134 to each of the other Parties sufficient to equalize the values of the Parties’ contributions during 135 the fiscal year for which the accounting is prepared. In the event that Brentwood’s annual 136 accounting shows that the value of the in-kind services provided by the County during the fiscal 137 year for which the accounting is prepared, plus any carry-over value for in-kind services 138 provided in any preceding fiscal years, is greater than the individual contributions of the other 139 Parties, Brentwood shall credit the County with the difference and carry over that excess 140 contribution to be credited towards the value of the County’s in-kind services provided in the 141 subsequent fiscal year. 142 143 2. Other Provisions of the MOU Not Affected 144 145 Except as expressly stated above, no provisions of the MOU shall be modified by the 146 terms of this First Amendment. 147 148 149 150 CITY OF ANTIOCH 151 152 153 By: ______________________________________ Date: ____________________ 154 Ron Bernal, City Manager 155 156 157 158 159 160 December 5, 2017 Conta Costa County Board of Supervisors Minutes 580 APPROVED AS TO FORM: 161 162 163 By: ______________________________________ Date: ____________________ 164 Derrek Cole, Interim City Attorney 165 166 167 CITY OF BRENTWOOD 168 169 170 By: ______________________________________ Date: ____________________ 171 Gustavo “Gus” Vina, City Manager 172 173 APPROVED AS TO FORM: 174 175 176 By: ______________________________________ Date: ____________________ 177 Damien Brower, City Attorney 178 179 180 BYRON BETHANY IRRIGATION DISTRICT 181 182 183 By: ______________________________________ Date: ____________________ 184 Rick Gilmore, General Manager 185 186 187 CONTRA COSTA WATER DISTRICT 188 189 By: ______________________________________ Date: ____________________ 190 Jerry Brown, General Manager 191 192 APPROVED AS TO FORM: 193 194 195 By: ______________________________________ Date: ____________________ 196 District Legal Counsel 197 198 199 CONTRA COSTA COUNTY 200 201 202 By: ______________________________________ Date: ____________________ 203 John Kopchik, Director of 204 Conservation and Development 205 206 December 5, 2017 Conta Costa County Board of Supervisors Minutes 581 APPROVED AS TO FORM: 207 Sharon L. Anderson, County Counsel 208 209 210 By: ______________________________________ Date: ____________________ 211 Deputy County Counsel 212 213 214 DIABLO WATER DISTRICT 215 216 217 By: ______________________________________ Date: ____________________ 218 Mike Yeraka, General Manager 219 220 221 EAST CONTRA COSTA IRRIGATION DISTRICT 222 223 224 By: ______________________________________ Date: ____________________ 225 Patricia A. Corey, General Manager 226 227 228 DISCOVERY BAY COMMUNITY SERVICES DISTRICT 229 230 231 By: ______________________________________ Date: ____________________ 232 Michael R. Davies, General Manager 233 December 5, 2017 Conta Costa County Board of Supervisors Minutes 582 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22120 to add one (1) full-time Assistant Risk Manager (AJDP) (unrepresented) position at salary plan and grade B85 1804 ($7,117 - $8,650) in the Risk Management Division of the County Administrator's Office. FISCAL IMPACT: Estimated annual cost of $149,373 including $24,081 in pension costs. Funded through Self-Insurance Internal Service funds generated by departmental charges. BACKGROUND: Risk Management requires an additional Assistant Risk Manager position to manage the financial operations of the Risk Management Division. Risk Management's financial operations have been managed by a part-time Contractor for over 20 years. For succession purposes, the County requires that the function be managed by a permanent employee moving forward. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord (925) 335-1442 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sharon Brown C. 37 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:December 5, 2017 Contra Costa County Subject:Add One (1) Assistant Risk Manager classification December 5, 2017 Conta Costa County Board of Supervisors Minutes 583 BACKGROUND: (CONT'D) > Risk Management's financial operations are imperative to the success of the Department and the programs being administered. The incumbent will be responsible for calculating annual insurance charges for County departments, providing reports for the Comprehensive Annual Financial Report (CAFR) on the self-insurance funds, completing and reviewing excess insurance carrier renewal applications, and monitoring self-insurance funds confidence levels. CONSEQUENCE OF NEGATIVE ACTION: Should this recommendation not be accepted it would be necessary to hire a contractor with the accounting expertise to calculate department insurance charges, provide Risk Management internal service funds report for the Comprehensive Annual Financial Report (CAFR), complete and review excess insurance carrier renewal applications, and monitor internal service fund program confidence levels. Each of the items listed are critical for Risk Management financial operations. AGENDA ATTACHMENTS P300 22120 MINUTES ATTACHMENTS Signed P300 22120 December 5, 2017 Conta Costa County Board of Supervisors Minutes 584 POSITION ADJUSTMENT REQUEST NO. 22120 DATE 6/22/2017 Department No./ Department CAO-Risk Management Budget Unit No. 0150 Org No. 1505 Agency No. 02 Action Requested: Add one (1) Assistant Risk Manager position in the Risk Management Division of the County Administrator's Office Proposed Effective Date: 12/1/2019 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 $149,373.00 Net County Cost 0 Total this FY $87,134 N.C.C. this FY 0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Self-Insurance Internal Service Funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. S.Hymes-Offord ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Strobel 7/24/17 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/3/2017 Add one (1) full-time Assistant Risk Manager (AJDP) (unrepresented) position at salary plan and grade B85 1804 ($7,117.05 - $8,650.82) in the Risk Management Division of the County Administrator's Office. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Mary Jane De Jesus-Saepharn 11/3/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/21/17 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources L.Strobel 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 585 REQUEST FOR PROJECT POSITIONS Department Date 11/21/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY December 5, 2017 Conta Costa County Board of Supervisors Minutes 586 December 5, 2017 Conta Costa County Board of Supervisors Minutes 587 RECOMMENDATION(S): ADOPT Resolution No. 2017/396 directing the Human Resources Department to reallocate certain job classifications on the Salary Schedule to be in line with the State of California minimum wage law effective January 1, 2018; Child Nutrition Food Services Assistant-Project (98V1), Child Nutrition Worker I-Project Sub (98W3), Assistant Teacher-Project (CJW4), Library Aide-Exempt (3KW4), Teacher Asst. Trainee-Project (CJK1), EHS Workforce Dev Youth Worker-Project (X762), WEX Trainee (XSK2), Child Nutrition Worker I-Project (98W1), Student Intern Level I (998A), Title V Trainee (XSK1), and maintain the salary ranges of existing and to-be-created job classifications to be in step with the State of California Minimum wage through December 31, 2022. FISCAL IMPACT: Upon approval, the cost of this action will be absorbed by the Departments who utilize these classifications. BACKGROUND: The State of California hourly minimum wage rose from $10.00 to $10.50 effective January 1, 2017 and is scheduled to increase several more times. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dianne Dinsmore (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Robert Campbell, Auditor-Controller C. 38 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:December 5, 2017 Contra Costa County Subject:ADOPT Resolution No. 2017/396 directing the Human Resources Department to adjust and maintain the salary ranges in step with California Minimum Wage December 5, 2017 Conta Costa County Board of Supervisors Minutes 588 BACKGROUND: (CONT'D) > The State of California hourly minimum wage is scheduled to increase as follows: $11.00 effective January 1, 2018 $12.00 effective January 1, 2019 $13.00 effective January 1, 2020 $14.00 effective January 1, 2021 $15.00 effective January 1, 2022. Although the County is not subject to the State minimum wage law, the Board of Supervisors wants County employees’ pay to keep in step with this law. On March 14, 2017, the Board of Supervisors adopted Resolution No. 2017/101 to bring the salary ranges of certain job classifications to be in step with the State of California January 1, 2017, minimum wage, effective March 1, 2017. This action directs the Human Resources Department to adjust and maintain the salary ranges of current classifications as well as classifications that may be created during the term of this Resolution, to be in step with the State of California Minimum wage through December 31, 2022. In order to remain in step, job classes below the State of California minimum wage will be reallocated on the salary schedule on January 1 of each year to set Step 1 of the salary range at the minimum wage. Additional steps will be adjusted as needed to maintain the current percentage between steps with the exception of Step 2 of the Title V Trainee which will retain a difference between steps of $1.00. If a Memorandum of Understanding provides for a general negotiated salary increase (NSI), and such increase would exceed the January 1 minimum wage, the salary range will be adjusted to the level it would have been as the result of the NSI as though the January 1 minimum wage adjustment had not occurred. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, Contra Costa County will not pay at least the State of California minimum wage. ATTACHMENTS Resolution No. 2017/396 December 5, 2017 Conta Costa County Board of Supervisors Minutes 589 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/14/2017 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/396 IN THE MATTER OF: Directing the Human Resources Department to reallocate the salary of certain job classifications on the Salary Schedule to be in line with the State of California Minimum Wage. WHEREAS, the State of California increased the minimum wage from $10.50 to $11.00 per hour effective January 1, 2018, and WHEREAS: in order to remain in line with the State minimum wage, the following classifications will be reallocated on the salary schedule to set salary step 1 at no less than $11.00 per hour. CLASSIFICATION JOB CODE Child Nutrt Food Svc Asst-Prj 98V1 Child Nutr Workr 1-Prj Sub 9SW3 Assistant Teacher-Project CJW4 Library Aide-Exempt 3KW4 Teacher Asst Trainee-Project CJK1 EHS Workforce Dev Youth Wkr-Pj X762 Wex Trainee XSK2 Child Nutrt Worker I-Project 98W1 Student Intern Level I 998A Title V Trainee XSK1 NOW, THEREFORE, BE IT RESOLVED the Human Resources Department is authorized to reallocate the salary upward and maintain the salary ranges of existing and to-be-created job classifications to be in step with the State of California Minimum Wage through December 31, 2022 as follows: $11.00 effective January 1, 2018 $12.00 effective January 1, 2019 $13.00 effective January 1, 2020 $14.00 effective January 1, 2021 $15.00 effective January 1, 2022 If a Memorandum of Understanding provides for a general negotiated salary increase (NSI), the salary range is to be adjusted to the level it would have been as the result of the NSI as though the January 1 minimum wage adjustment had not occurred. Contact: Dianne Dinsmore (925) 335-1766 I hereby certify that this is 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 14, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Dianne Dinsmore, Robert Campbell, Auditor-Controller December 5, 2017 Conta Costa County Board of Supervisors Minutes 590 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22191 to cancel one (1) vacant full time Network Technician I (LNWA) (represented) position No. 15301 at salary plan and grade ZB5 1496 ($5,244 - $6,374) and add one (1) full time Personnel Services Assistant II (ARVA) (unrepresented) position at salary plan and grade B85 1517 ($5,356 - $6,511) in the Library Department. FISCAL IMPACT: Upon approval, this action will result in an annual cost of approximately $1,883. No fiscal impact to the County General Fund. This position is funded in the Library Fund. BACKGROUND: The Library carefully analyzed its current staffing levels within its Information Technology (IT) division and its Personnel Services division and determined that certain position changes were needed. The vacant Network Technician I position is no longer necessary in light of evolving technological advances and the June 2017 addition of a Network Administrator I position that reports to the individual in charge of the Library's IT division. The Library recommends that the Network Technician I position be canceled. It has also been determined that the technical expertise of a Personnel Services II position is required to maintain responsive personnel services within the department. Support needed includes centralized hiring and personnel services coordination of over 150 Library Aide-Exempt positions, assistance with department-wide employee APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Kilian (925) 608-7700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Beth Kilian C. 39 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:December 5, 2017 Contra Costa County Subject:Cancel One Network Technician I and add one Personnel Services Assistant II in the Library Department December 5, 2017 Conta Costa County Board of Supervisors Minutes 591 BACKGROUND: (CONT'D) performance management, and oversight of an increasing number of position reassignment actions - postings, conferences, and interviews that vary procedurally for each employee bargaining unit. The Library recommends that a Personnel Services Assistant II be added. CONSEQUENCE OF NEGATIVE ACTION: The Library would maintain inefficient staffing levels and would be unable to provide responsive personnel program services. AGENDA ATTACHMENTS P300 22191_Add PSA II & Cxl Network Technician I in Library MINUTES ATTACHMENTS Signed P300 22191 December 5, 2017 Conta Costa County Board of Supervisors Minutes 592 POSITION ADJUSTMENT REQUEST NO. 22191 DATE 10/1/2017 Department No./ Department County Library Budget Unit No. 0621 Org No. 3702 Agency No. 85 Action Requested: Cancel one full-time (40/40) Network Administrator I (LNWA) position No. 15301 and add one full time (40/40) Personnel Services Assistant II (ARVA) position. Proposed Effective Date: 10/1/2017 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 $1,883.00 Net County Cost $0.00 Total this FY $1,412.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Library Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Melinda S. Cervantes ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT BR for JE 11/2/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/6/2017 Cancel one (1) vacant full time (40/40) Network Technician I (LNWA) (represented), position No. 15301 at salary plan and grade ZB5-1496 ($5,244 - $6,374) and add one (1) full time (40/40) Personnel Services Assistant II (ARVA) (unrepresented) position at salary plan and grade B85-1517 ($5,356 - $6,511) in the Library Department. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Eldreai Ellis 11/6/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/30/2017 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 December 5, 2017 Conta Costa County Board of Supervisors Minutes 593 REQUEST FOR PROJECT POSITIONS Department Date 11/30/2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 594 December 5, 2017 Conta Costa County Board of Supervisors Minutes 595 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22192 to cancel one (1) Animal Services Officer (BJWD) (represented) vacant position number 5932 at salary plan and grade QAH 1300 ($4,245 - $5,554) and add one (1) Animal Services Sergeant (BJTD) (represented) position at salary plan and grade QAH 1398 ($4,673 - $6,114). FISCAL IMPACT: Upon approval, the cost of this action will be approximately $6,664 for fiscal year 2017/18 with pension costs of $2,407 already included. This position will be funded by 32% User Fees, 31% City Revenue, and 37% County General Fund. The revenue to support this position will be continued in fiscal year 2018/19. BACKGROUND: The Animal Services Sergeants play an important role in both leading and training the Animal Services Officers in the Field Operations unit. The direction and guidance provided by the Sergeants are key components that contribute to the success of our Animal Services Officers training. Sergeants also play a critical role in supporting Animal Services Officers when they are: conducting field work or are out on Potentially Dangerous Animal (as defined by Contra Costa County Ordinance 416-12.402) investigations and criminal cases; and engaging with the public. The Animal Services Department is in the process of filling multiple Animal Services Officer vacancies, which will require a significant amount of time dedicated to training once hired. In order to provide the proper guidance, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Arturo Castillo, (925) 608-8470 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Arturo Castillo C. 40 To:Board of Supervisors From:Beth Ward, Animal Services Director Date:December 5, 2017 Contra Costa County Subject:Cancel one (1) Animal Services Officer and add one (1) Animal Services Sergeant December 5, 2017 Conta Costa County Board of Supervisors Minutes 596 BACKGROUND: (CONT'D) Sergeants are unable to perform their normal duties in the field while they focus on training these new Officers, which is a process that takes months. However, the current volume of work in the Field Operations unit is so great that it would be detrimental if any of the Sergeants were to step away from their field duties. In order to maintain operations and continue to provide necessary services in animal control, the department would like to cancel one of their seven Animal Services Officer vacancies in order to add one Animal Services Sergeant position, whose main function will be to train incoming Officers. CONSEQUENCE OF NEGATIVE ACTION: The Animal Services Field Operations unit will lack the lead direction it needs and this may impact their effectiveness in carrying out their assigned duties if this request is not approved. CHILDREN'S IMPACT STATEMENT: AGENDA ATTACHMENTS P300 No. 22192 ASD MINUTES ATTACHMENTS Signed P300 22192 December 5, 2017 Conta Costa County Board of Supervisors Minutes 597 POSITION ADJUSTMENT REQUEST NO. 22192 DATE 11/3/2017 Department No./ Department Animal Services Budget Unit No. 0366 Org No. 3331 Agency No. 36 Action Requested: Adopt Position Adjustment Resolution No. 22192 to add one Animal Services Sergeant (BJTD) (represented) position and cancel one Animal Services Officer (BJWD) (represented) vacant position number 5932. Proposed Effective Date: 12/1/2017 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $11,424.00 Net County Cost $4,226.88 Total this FY $6,664.00 N.C.C. this FY $2,466.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 32% User Fees, 31% City Revenues, 37% County General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Arturo Castillo ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Susan Smith 11/14/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/20/2017 Cancel one (1) Animal Services Officer (BJWD) (represented) vacant position number 5932 at salary plan and grade QAH 1300 ($4,245 - $5,554) and add one Animal Services Sergeant (BJTD) (represented) position at salary plan and grade QAH 1398 ($4,673 - $6,114). Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Lauren Ludwig 11/20/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/27/2017 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 December 5, 2017 Conta Costa County Board of Supervisors Minutes 598 REQUEST FOR PROJECT POSITIONS Department Date 11/29/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY December 5, 2017 Conta Costa County Board of Supervisors Minutes 599 December 5, 2017 Conta Costa County Board of Supervisors Minutes 600 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22194 to add one (1) full-time Clerk-Experienced Level (JWXB) (represented) position at salary plan and grade 3RH 0750 ($2,993-$3,714) in the Office of the County Counsel. FISCAL IMPACT: Upon approval, this action will result in an annual cost of approximately $62,817 ($10,127 due to pension), and a total cost this fiscal year of $36,643. The cost increase will be absorbed by client billings. BACKGROUND: Adding an additional Clerk Experienced Level position will help the office achieve greater efficiency by utilizing the appropriate clerk level to perform a variety of entry level tasks not requiring a great deal of discretion and whose office skills are commensurate with the recent reordering of current staff assignments. The County Counsel's Office is organized into three (3) separate divisions. The General Law Division, the Tort and Civil Rights Litigation Division, and the Juvenile Dependency Division. As of this date, all divisions are fully staffed. Prior APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wanda McAdoo (925) 335-1811 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Wanda McAdoo C. 41 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:December 5, 2017 Contra Costa County Subject:Add one full-time Clerk-Experienced Level position in the Office of the County Counsel December 5, 2017 Conta Costa County Board of Supervisors Minutes 601 BACKGROUND: (CONT'D) to 2010, the General Law Division had four (4) clerical positions. During the Great Recession; the General Law clerical staff was reduced to three (3) positions. Over the past seven (7) years this office has managed to support between 14-17 General Law attorneys with three (3) clerical positions. There are now 19 General Law attorneys in this division. We anticipate that the increased demand for support staff will continue for the foreseeable future as we prepare to initiate new document and management retention protocols in an effort to streamline County Counsel operations. The existing clerical staff is no longer sufficient to keep up with the attorneys' demand for time-sensitive legal work. The attorney/clerk ratio of 6:1 is not sustainable without diminishing the quantity and quality of our work. The additional Clerk Experienced Level position will restore the staffing levels in the General Law division so that we can continue to efficiently address the County's legal needs. CONSEQUENCE OF NEGATIVE ACTION: Denial of this request will perpetuate the day-to-day burden on the current clerical staffing and contribute to a crisis-driven operation, to the detriment of this office and the officials, departments, agencies and special districts that we serve. AGENDA ATTACHMENTS AIR 31826 P300 22194 Add Position MINUTES ATTACHMENTS Signed P300 22194 December 5, 2017 Conta Costa County Board of Supervisors Minutes 602 POSITION ADJUSTMENT REQUEST NO. 22194 DATE 12/5/2017 Department No./ Department Office of the County Counsel Budget Unit No. 0030 Org No. 1700 Agency No. 17 Action Requested: ADOPT Position Adjustment Resolution No.xxxxx to ADD one (1) full-time Clerk Experienced Level (JWXB) (represented) position at salary level 3RH 0750 ($2,993.04 - $3,713.58) in the Office of the County Counsel. Proposed Effective Date: 12/5/2017 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 $62,817.00 Net County Cost $0.00 Total this FY $36,643 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Client Billings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Sharon L. Anderson ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Strobel 11/21/17 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/21/2017 Add one (1) full-time Clerk-Experienced Level (JWXB) (represented) position at salary plan and grade 3RH 0750 ($2,993- $3,714) i Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Lauren Ludwig 11/21/17 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 December 5, 2017 Conta Costa County Board of Supervisors Minutes 603 REQUEST FOR PROJECT POSITIONS Department Date 11/21/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms o f: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY December 5, 2017 Conta Costa County Board of Supervisors Minutes 604 December 5, 2017 Conta Costa County Board of Supervisors Minutes 605 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22196 to establish the classification of Benefits System Administrator (AGDG) (unrepresented) on the salary schedule at salary plan and grade B85 1001 ($7,700 - $10,319), add one (1) Accounting Technician (JD7A) (represented) position at salary plan and grade 3RX 1236 ($4,043 - $5,163); and reallocate the salary of the Human Resources Systems Analyst (AGSE) (unrepresented) classification from salary plan and grade B85 1787 ($6,998 - $8,506) to salary plan and grade B85 1857 ($7,500 - $9116) in the Human Resources Department. FISCAL IMPACT: The Benefits System Administrator position was added to the Human Resources Department as part of Resolution No. 2017/117 and included in the adoption of the FY 2017-2018 Budget. The annual cost of the position is approximately $161,608, which includes an estimated pension cost of $26,053. The annual cost of the Accounting Technician position is approximately $84,866, which includes an estimated pension cost of $13,681. The annual cost of the reallocation of the salary for the Human Resources Systems Analyst classification will be $14,652 for two positions, which includes an estimated pension cost of $4,131. The cost of this action will be offset by charges through the Benefits Administration Fee except for approximately $7,326 which is within the Human Resources Department FY 17-18 budget. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dianne Dinsmore, (925) 335-1770 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Gladys Scott Reid, Nancy Zandonella C. 42 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:December 5, 2017 Contra Costa County Subject:Establish the Classification of Benefits System Administrator; Add 1 Acctg Tech; Reallocate HR Systems Analyst salary December 5, 2017 Conta Costa County Board of Supervisors Minutes 606 BACKGROUND: The Board of Supervisors authorized the addition of a Benefits Systems Administrator position in the Employee Benefits Division in the 2017/18 budget to provide the technical expertise and oversight needed to support the new functionality and increased complexity introduced with the upgrade to PeopleSoft 9.2. This action creates the classification and establishes the salary range associated with the position. In addition, additional accounting technician level assistance is needed to support the new PeopleSoft 9.2 functionality as well as the activities that transferred from Auditor-Controller to the Employee Benefits Division following the upgrade. Finally, a salary adjustment to Human Resources Systems Analyst is needed to address difficulties in recruiting qualified candidates to maintain the increasingly complex system. The Human Resources Department has recruited twice unsuccessfully to fill the position. A market survey found that the HR Systems Analyst is approximately 11.5% below the median of $9,490.60 of the Bay Area counties. The classification was previously aligned with Payroll Systems Administrator, which was adjusted earlier this year prior to recruiting to fill that position. Although the median for HR Systems Analyst is $9,490.60, it is recommended that it be aligned with Payroll Systems Administrator so as not to create internal inequity. CONSEQUENCE OF NEGATIVE ACTION: For long-term continuity and cost-effectiveness, the ongoing maintenance and support of the system should transition to County staff. If this action is not approved, the Human Resources Department will have to continue to rely on costly outside consultants. AGENDA ATTACHMENTS P300 22196 MINUTES ATTACHMENTS Signed P300 22196 December 5, 2017 Conta Costa County Board of Supervisors Minutes 607 POSITION ADJUSTMENT REQUEST NO. 22196 DATE 11/17/2017 Department No./ Department Human Resources Department Budget Unit No. 0035 Org No. 1305 Agency No. A05 Action Requested: Establish the classification of Benefits System Administrator at salary plan and grade B85 1001; add one Accounting Technician position; reallocate the salary of the Human Resources Systems Analyst classification at salary plan and grade B85 1857 on the salary schedule. Proposed Effective Date: 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 $261,126.00 Net County Cost $7,326.00 Total this FY $130,563.00 N.C.C. this FY $7,326.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Offset by charges through the Benefits Administration Fee Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Dianne Dinsmore ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Strobel 11/27/17 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/21/2017 Establish the classification of Benefits System Administrator (AGDG) (unrepresented) on the salary schedule at salary plan and grade B85 1001 ($7,700 - $10,319); add one Accounting Technician (JD7A) (represented) position; reallocate the salary of the Human Resources Systems Analyst (AGSE) (unrepresented) classification at salary plan and grade B85 1857 ($7,500- $9,116) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 12/1/2017(Date) Dianne Dinsmore ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 December 5, 2017 Conta Costa County Board of Supervisors Minutes 608 REQUEST FOR PROJECT POSITIONS Department Date 11/27/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY December 5, 2017 Conta Costa County Board of Supervisors Minutes 609 December 5, 2017 Conta Costa County Board of Supervisors Minutes 610 RECOMMENDATION(S): APPROVE the Interim Public Works Director, or designee, to execute a lease between the County, as tenant, and Cranbrook Realty Investment Fund., L.P., as landlord, for approximately 1,332 square feet of rentable office space. The term of this lease is five years with one five year renewal term. The annual rental payment for the first year is $25,572 with annual 3% increases thereafter. The space is to be occupied by the County Administrator’s Office - Law and Justice Systems Division. AUTHORIZE the Interim Public Works Director, or designee, to execute the lease on behalf of the County, as well as exercise any renewal options to extend the lease beyond its initial five-year term. FISCAL IMPACT: The lease will obligate the County to pay an annual rental amount for the first year of $25,572 with annual 3% increases thereafter. (100% General Fund) BACKGROUND: The County Administrator’s Office - Law and Justice Systems Division is currently located at 30 Douglas Drive, Martinez. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Sinclair, (925) 313-2130 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Julie Enea, Senior Deputy County Administrator C. 43 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:1300 Arnold Drive, Suite 249, Martinez – Lease for the Contra Costa County Administrator’s Office - Law and Justice Systems Division December 5, 2017 Conta Costa County Board of Supervisors Minutes 611 BACKGROUND: (CONT'D) This building is primarily occupied by the Department of Information Technology, which is increasing the number of staff and can no longer accommodate the Law and Justice Systems Division which necessitates the Division’s move to another location in Martinez. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Lease cannot be executed and will result in the continued crowded joint occupancy of the CAO and DoIT at 30 Douglas Drive until another accommodation can be made. December 5, 2017 Conta Costa County Board of Supervisors Minutes 612 RECOMMENDATION(S): APPROVE the Interim Public Works Director, or designee, to execute a lease with 777 Arnold, LLC, to lease approximately 10,948 rentable square feet of office and warehouse space to be occupied by the County’s Health Services Department - Emergency Medical Services. The term of this lease is 12 years with two five-year renewal terms. The annual rental payment for the first year is $178,920 with annual increases thereafter, under the terms and conditions set forth in the lease. AUTHORIZE the Interim Public Works Director, or designee, to execute the lease on behalf of Contra Costa County, and any renewal options under the terms and conditions set forth in the lease. FISCAL IMPACT: Emergency Medical Services fines and fees collected and Measure H funds will be utilized to fund the occupancy costs. BACKGROUND: The current space that Health Services Department - Emergency Medical Services (EMS) occupies is inadequate to support its operation and has largely maximized the utilization of the building and space. EMS needs additional APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Silva, (925) 313-2132 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 44 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Execute a Lease with 777 Arnold, LLC, for Health Services Department –Emergency Medical Services December 5, 2017 Conta Costa County Board of Supervisors Minutes 613 BACKGROUND: (CONT'D) office space for its operation in Central County. The new lease on Arnold Drive will drastically improve EMS operation with the integration of proper communication systems, multipurpose room for training and space for growth for future staff. 777 Arnold, LLC (Lessor) is responsible for constructing the tenant improvements in the premises for the County. Lessor is also providing the County with a $218,960 allowance for tenant improvements. The County is responsible for the cost of tenant improvements in excess of that amount. CONSEQUENCE OF NEGATIVE ACTION: If this lease is not approved, the Health Services Department will continue to operate from multiple locations, and not be able to hire staff to support the growth funded by the grants, and the County will incur additional expenses in finding a new location. ATTACHMENTS Lease work letter Exhibit B December 5, 2017 Conta Costa County Board of Supervisors Minutes 614 December 5, 2017 Conta Costa County Board of Supervisors Minutes 615 December 5, 2017 Conta Costa County Board of Supervisors Minutes 616 December 5, 2017 Conta Costa County Board of Supervisors Minutes 617 December 5, 2017 Conta Costa County Board of Supervisors Minutes 618 December 5, 2017 Conta Costa County Board of Supervisors Minutes 619 December 5, 2017 Conta Costa County Board of Supervisors Minutes 620 December 5, 2017 Conta Costa County Board of Supervisors Minutes 621 December 5, 2017 Conta Costa County Board of Supervisors Minutes 622 December 5, 2017 Conta Costa County Board of Supervisors Minutes 623 December 5, 2017 Conta Costa County Board of Supervisors Minutes 624 December 5, 2017 Conta Costa County Board of Supervisors Minutes 625 December 5, 2017 Conta Costa County Board of Supervisors Minutes 626 December 5, 2017 Conta Costa County Board of Supervisors Minutes 627 December 5, 2017 Conta Costa County Board of Supervisors Minutes 628 December 5, 2017 Conta Costa County Board of Supervisors Minutes 629 December 5, 2017 Conta Costa County Board of Supervisors Minutes 630 December 5, 2017 Conta Costa County Board of Supervisors Minutes 631 December 5, 2017 Conta Costa County Board of Supervisors Minutes 632 December 5, 2017 Conta Costa County Board of Supervisors Minutes 633 December 5, 2017 Conta Costa County Board of Supervisors Minutes 634 December 5, 2017 Conta Costa County Board of Supervisors Minutes 635 December 5, 2017 Conta Costa County Board of Supervisors Minutes 636 December 5, 2017 Conta Costa County Board of Supervisors Minutes 637 December 5, 2017 Conta Costa County Board of Supervisors Minutes 638 December 5, 2017 Conta Costa County Board of Supervisors Minutes 639 December 5, 2017 Conta Costa County Board of Supervisors Minutes 640 December 5, 2017 Conta Costa County Board of Supervisors Minutes 641 December 5, 2017 Conta Costa County Board of Supervisors Minutes 642 December 5, 2017 Conta Costa County Board of Supervisors Minutes 643 December 5, 2017 Conta Costa County Board of Supervisors Minutes 644 December 5, 2017 Conta Costa County Board of Supervisors Minutes 645 December 5, 2017 Conta Costa County Board of Supervisors Minutes 646 December 5, 2017 Conta Costa County Board of Supervisors Minutes 647 December 5, 2017 Conta Costa County Board of Supervisors Minutes 648 December 5, 2017 Conta Costa County Board of Supervisors Minutes 649 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding in an amount not to exceed $992,546 from California Department of Social Services to provide Housing and Disability Advocacy Program services for the period beginning upon grant execution through June 30, 2020. FISCAL IMPACT: The County will receive an amount not to exceed $992,546 from the California Department of Social Services grant (100% State). One-to-one match requirement covered by County General Funds match from County General Assistance Administration. BACKGROUND: The Housing and Disability Advocacy Program (HDAP) grant was initiated by the California Department of Social Services to address the homeless population eligible for federal funds (SSI, SSDI, CAPI, and VA benefits) not currently receiving benefits or aware of their eligibility. They will require global and local support, and resources to complete the application and eligibility process for benefits. Outreach to the homeless population, including the disabled, veterans, and Cash Assistance Program to Immigrants (CAPI) individuals, will be actively conducted by the Health Services Department (HSD) staff and passively conducted by the Employment and Human Services Department (EHSD) through the regular intake process. Those homeless individuals potentially qualified for services will be assessed by HSD and referred to EHSD. Once enrolled in HDAP, active case management, advocacy, and housing assistance services will attach. The goal is to provide HDAP services to 150 eligible individuals over the 3-year grant period. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 45 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:California Department of Social Services, Housing and Disability Advocacy Program Grant Funding December 5, 2017 Conta Costa County Board of Supervisors Minutes 650 CONSEQUENCE OF NEGATIVE ACTION: Without California Department of Social Services grant funding, the Housing and Disability Advocacy Program services could not be implemented. December 5, 2017 Conta Costa County Board of Supervisors Minutes 651 RECOMMENDATION(S): 1. Approve and Authorize the Health Services Director or his designee, to execute, on behalf of the County, Allocation Agreement #29-396-17 with the California Department of Public Health, to accept funds payable to County in amount not to exceed $934,024 for the Tobacco Control Program in Contra Costa County, for the period from July 1, 2017 through June 30, 2018, and 2. Approve the County's Comprehensive Tobacco Control Plan (CTCP) and Budget for FY 2017-2021 for submission to the California Department of Public Health. FISCAL IMPACT: The total amount of allocated funds for fiscal year 2017-2018 shall not exceed a total of $934,024 from the California Department of Public Health for the Tobacco Prevention Project, Local Lead Agency. No County match required. BACKGROUND: The State has designated Contra Costa County as "the Local Lead Agency", and Public Health Division's Prevention Program is coordinating countywide tobacco control activities, including the facilitation and staffing of a Tobacco Control Coalition. The goal of this Comprehensive Tobacco Control Plan (CTCP), is to reduce secondhand smoke, to counter Pro-Tobacco influences and to reduce access to tobacco products in Contra Costa County. The project also works with community organizations to adopt tobacco prevention as part of their organizational mission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Detra Morgan, Marcy Wilhelm C. 46 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Allocation Agreement #29-396-17 County’s Comprehensive Tobacco Control Plan (CTCP) and Budget for FY 2017-2021 with California Department of Public He December 5, 2017 Conta Costa County Board of Supervisors Minutes 652 BACKGROUND: (CONT'D) The local Tobacco Prevention Coalition established the Project priorities. On March 7, 2017, the Board of Supervisors approved Standard Application #29-396-16 with the California Department of Public Health, Tobacco Control Program for the County’s Comprehensive Tobacco Control Plan (CTCP) for the period July 1, 2017 through June 30, 2018. Approval of Allocation Agreement #29-396-17 and Budget for FY 2017-2021 will certify the County’s compliance with State requirements for the Tobacco Prevention Project and accept funds payable through June 30, 2018. This agreement includes agreeing to indemnify and hold harmless the State for any and all claims arising out of performance under this agreement. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funds to continue reducing secondhand smoke, countering Pro-Tobacco influences or reducing access to tobacco products in Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 653 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute an Amendment to the Interagency Agreement with the Stanislaus County, a government agency, for their Department of Child Support Services, to increase the payment limit by $20,000 to allow Stanislaus County to compensate Contra Costa County for services rendered. The amendment increases the payment limit from $180,000 to $200,000. FISCAL IMPACT: Approval of this Interagency Agreement Amendment will result in an increase of not to exceed $20,000 in payments to the County (total contract amount not to exceed $200,000), for the provision of services 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. Stanislaus 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: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 47 To:Board of Supervisors From:Melinda Self, Child Support Services Director Date:December 5, 2017 Contra Costa County Subject:Interagency Agreement Amendment with Stanislaus County Department of Child Support Services December 5, 2017 Conta Costa County Board of Supervisors Minutes 654 BACKGROUND: (CONT'D) The September 2017 invoice put Stanislaus County over the Interagency amount. The adjustment will provide full funding for the existing contract obligations. CONSEQUENCE OF NEGATIVE ACTION: Stanislaus 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 the Department. The recommendation supports one or more of the following children's 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. December 5, 2017 Conta Costa County Board of Supervisors Minutes 655 RECOMMENDATION(S): ADOPT Resolution No. 2017/416 authorizing the Sheriff-Coroner, or designee, to apply for and accept a grant from the California Office of Traffic Safety in an initial amount of $660,100 for the Sheriff's Forensic Services Unit to purchase a Liquid Chromatography with tandem Mass Spectrometry (LC-MS/MS) and Nitrogen Generator 2 Gas Chromatograph Mass Spectrometry (GC/MS) Instruments beginning October 1, 2017 to the end of the grant period. FISCAL IMPACT: Initial revenue of $660,100, 100% State funds. BACKGROUND: The Contra Costa County Office of the Sheriff-Forensic Services Division (FSD) will use monies from the Office of Traffic Safety Grant FFY2018 to purchase two gas chromatography mass spectrometry (GCMS) instruments, a liquid chromatography-tandem mass spectrometry (LC-MS/MS) instrument and nitrogen generator. The FSD is an accredited crime laboratory providing forensic services to more than 20 law enforcement agencies in the County. The LC-MS/MS instrument will enable the laboratory to provide more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases without the need for outside testing. Currently, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 48 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 5, 2017 Contra Costa County Subject:State of California Office of Traffic Safety Grant December 5, 2017 Conta Costa County Board of Supervisors Minutes 656 BACKGROUND: (CONT'D) the toxicology unit does not have up to date sensitive equipment to keep pace with current and future legislation and drug trends. On January 1, 2014, changes to driving under the influence laws (Sections 23152 and 23153 of the Vehicle Code) went into effect. With the prevalence of drivers driving under the influence on California roads and highways rising, these changes were implemented in efforts for law enforcement to identify and ultimately increase the prosecution of drug impaired driving cases. The section (e) that became operative on January 1, 2014 makes it unlawful for a person who is under the influence of any drug to drive a motor vehicle; this not only includes illegal narcotics and stimulants, but also even legal prescriptions, herbs, and over-the-counter drugs. In November 2016, California passed Proposition 64 (Adult Use of Marijuana Act) that allows adults age 21 and over to possess, transport, purchase, consume and share up to one ounce of marijuana and eight grams of marijuana concentrates. It is anticipated there will be an influx of marijuana analysis requests for “DUID” cases Recently there has been increased forensic and public safety interest in newer or “emerging drugs” inclusive of “bath salts”, synthetic cannabinoids and fentanyl analogs; a LC-MS/MS would enable the crime laboratory to increase the variety of drugs that can be tested. This information will provide a comprehensive report to police agencies and the District Attorney’s Office for prosecution purposes. The project objectives include: (1) purchase and installation of two new GCMS instruments hardware and software which will be supported by the manufacturer (2) Upon approval from NHTSA, purchase and installation of new LC-MS/MS instrument hardware and software which will be supported by the manufacturer (3) installation of a Nitrogen generator to be used with the LC-MS/MS instrument. • The anticipated outcomes of new GCMS and LC MS/MS instrumentation include: (1) Replacing current instrumentation that is no longer supported by the manufacturer (2) Continue to provide toxicology results to agencies for use in the criminal justice system (3) providing more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases to law enforcement (4) increasing the variety of drugs tested at the crime laboratory CONSEQUENCE OF NEGATIVE ACTION: The crime laboratory currently provides limited toxicology analysis which does not meet the needs of client agencies. The current instrumentation is not adequate for current legislation related to driving under the influence of drugs or potential per se drug laws in the future. The unit is limited in the scope of drugs that can be tested due to inadequate instrumentation. To meet the needs of law enforcement agencies, many requests for analysis must be sent to an accredited outside laboratory. Any analysis performed by an outside laboratory creates an increased burden and cost to Contra Costa County law enforcement agencies and the District Attorney’s Office if the case is prosecuted. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS Resolution No. 2017/416 December 5, 2017 Conta Costa County Board of Supervisors Minutes 657 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/416 IN THE MATTER OF: Applying for and Accepting a grant from the California Office of Traffic Safety. WHEREAS the County of Contra Costa is seeking funds available through the State of California Office of Traffic Safety. NOW, THERFORE IT BE RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's 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 State financial assistance provided by the State of California. Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 5 December 5, 2017 Conta Costa County Board of Supervisors Minutes 658 RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to submit an application and execute a grant award agreement, and any extensions or amendments thereof pursuant to State guidelines, with the California Governor's Office of Emergency Services, Criminal Justice/Emergency Management & Victim Services Branch, for funding of the Victim/Witness Assistance Program in the Amount of $1,155,823 for the period October 1, 2017 through September 30, 2018. FISCAL IMPACT: The District Attorney will receive $1,155,823 of revenues that have been budgeted. Department has requested a match waiver. BACKGROUND: On June 22, 2004, the District Attorney was designated by the Board of Supervisors as the provider of comprehensive victim and witness services for the County, effective July 1, 2004. Fiscal year 2017/2018 is the fourteenth year that the District Attorney is applying for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cherie Mathisen, (925) 957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 49 To:Board of Supervisors From:Diana Becton, District Attorney Date:December 5, 2017 Contra Costa County Subject:Victim/Witness Grant Award for Fiscal Year 2017/18 December 5, 2017 Conta Costa County Board of Supervisors Minutes 659 BACKGROUND: (CONT'D) funds available to support the costs of Contra Costs County's Victim/Witness Assistance Program. The grant application will continue to fund staff salaries and benefits to provide services to victims and witnesses of crimes. ATTACHMENTS Resolution No. 2017/417 December 5, 2017 Conta Costa County Board of Supervisors Minutes 660 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/417 Victim Witness Grant Award for FY 2017/18. Whereas the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated as the Victim/Witness Assistance Program to be funded in part from funds made available under the authority of the California Governor's Office of Emergency Services, Criminal Justice/Emergency Management & Victim Services Branch. NOW, THEREFORE BE IT RESOLVED that the District Attorney of the County of Contra Costa is authorized to execute, on behalf of the Board of Supervisors, the Grant Award Agreement, including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures previously authorized or controlled by this body. Contact: Cherie Mathisen, (925) 957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: December 5, 2017 Conta Costa County Board of Supervisors Minutes 661 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Defender, or designee, to apply and accept a grant in the amount of $12,500 from The California Endowment (TCE) for Clean Slate Outreach. FISCAL IMPACT: $12,500. This grant will fund the salary for one part-time (1) temporary clerk, for a nine-month period beginning in January of 2018. There is no requirement for matching funds by the County, and these grants will not increase Net County Cost. BACKGROUND: Clean Slate referrals have increased drastically since the passage of Proposition 47 in 2014 and again with the passage of Prop 64 in 2016. As a result of our extensive community outreach, countywide Clean Slate events, and partnership with community-based organizations, the number of requests we receive for both Clean Slate and Prop 47 assistance continue to be high. Our program's success expanding our community outreach and in obtaining Clean Slate relief for our clients has helped facilitate their successful re-entry into the community and has helped clients overcome barriers to employment, housing, public benefits, and more. Conducting extensive Clean Slate outreach is also critical in order to reach those non-citizens eligible or Clean Slate relief. For those who are not citizens even seemingly minor criminal convictions can have disastrous immigration consequences, including immigration detention and deportation These concerns are not limited to undocumented immigrant - any non-citizen can be at risk of deportation due to criminal system contact even longtime Lawful Permanent Residents APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Donna Broussard 925-335-8065 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 50 To:Board of Supervisors From:Robin Lipetzky, Public Defender Date:December 5, 2017 Contra Costa County Subject:Grant Award from the California Endowment Supporting Clean Slate Outreach December 5, 2017 Conta Costa County Board of Supervisors Minutes 662 Fortunately, December 5, 2017 Conta Costa County Board of Supervisors Minutes 663 BACKGROUND: (CONT'D) in California there are many statutory or constitutional vehicles by which an individual with prior criminal contact or convictions can petition the state court to provide post conviction relief, including new statutory remedies recently enacted for the purpose of providing additional due process protections to immigrants. There are remedies that affect an individual's actual and/or maximum sentence but do not actually eliminate the conviction for immigration purpose, such as felony reduction to a misdemeanor under Proposition 47 or through Penal Code section 17(b) and expungement dismissal under Penal ode section 1203.4. There are also remedies that eliminate or vacate a prior conviction because they are based on ground of legal invalidity. For these newly enacted Clean Slate remedies for immigrants, outreach and education to the community regarding the expanded types of remedies available is critical. To relieve the immigration consequences of criminal conviction and to protect immigrants at risk of deportation, the Office of the Public Defender will provide outreach and Clean Slate legal services that will eliminate or mitigate the adverse immigration consequences that continue to tear apart immigrant families in Contra Costa County. The goal of his grant is to staff community outreach events that provide Clean Slate services to immigrants ad to connect eligible individuals with access to new post-conviction relief remedies in order t expand clean slate legal services for immigrants in Contra Costa County. This will enable the Clean Slate team in the Public Defender's Office to deploy new immigration Clean Slate remedies to provide critical-conviction relief o immigrants. CONSEQUENCE OF NEGATIVE ACTION: If this grant is not authorized or accepted the Office of the Public Defender will not be able to effectively offer comprehensive and holistic Clean Slate services to immigrants eligible for services in Contra Costa County. CHILDREN'S IMPACT STATEMENT: Authorization and acceptance of this grant will give children who have non-citizen parents with prior criminal contacts the chance at family stability through access to post-conviction relief remedies which can eliminate the disastrous consequences of a parent's deportation on a child's development. December 5, 2017 Conta Costa County Board of Supervisors Minutes 664 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to apply for and accept funding in an amount not to exceed $1,813,421 from the Department of Health and Human Services Administration for Children and Families for Early Head Start supplemental funding for the term of March 1, 2018 - August 31, 2018. FISCAL IMPACT: If awarded the County would receive supplemental revenues in an amount not to exceed $1,813,421. The County, as Grantee, would be required to generate a 20% non-federal in-kind match in an amount not to exceed $453,335 (see calculation below). The match will be met through collaboration with State Child Development programs and the volunteer hours accrued by Head Start parents and community partners. CFDA # 93.708 Early Head Start Childcare Partnership Funding Federal $1,813,421 = 80% Match (In-Kind) $453,335 = 20% Total $2,266,756 = 100% In-Kind match is 20% of total funding APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nasim Eghlima, Christina Reich, Cassandra Youngblood, Haydee Ilan C. 51 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2018 Early Head Start Childcare Partnerships Grant Supplemental Funds December 5, 2017 Conta Costa County Board of Supervisors Minutes 665 BACKGROUND: The Administration for Children and Families (ACF) routinely provides expanded funding opportunities throughout the program year. The Office of Head Start recognizes that grantees will identify needs for additional funding during the initial implementation phase that were not apparent at the time of the initial award. The Employment and Human Services Department has identified the need for additional funds to address health and nutrition, disabilities and mental health, safety, and professional development for Early Head Start staff. The Board approved submission of a grant application to ACF for Early Head Start Childcare Partnership grant funds on August 16, 2016 (C.37). As a result, the County was awarded funding in an amount not to exceed $6,250,000. This board order is to approve submission of a supplemental grant application for a final 6 month budget period of March 1, 2018 through August 31, 2018 through the Early Head Start Childcare Partnership Program #2. The application submittal was approved by the Head Start Policy Council on November 15, 2017, and will be submitted to ACF on December 1, 2017. CONSEQUENCE OF NEGATIVE ACTION: If not approved, supplemental funding to operate the program will not be received. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the Employment and Human Services Department’s Head Start program supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. ATTACHMENTS Budget Narrative December 5, 2017 Conta Costa County Board of Supervisors Minutes 666 2017 Early Head Start Child Care Partnership Supplemental Budget 16-Point Narrative Contra Costa County Employment & Human Services Department Community Services Bureau 2017 Early Head Start-Child Care Partnerships Funding Application EXECUTIVE SUMMARY EHS-CCP BALANCE OF FUNDS 1. PROJECT/PROGRAM TITLE. Early Head Start-Child Care Partnerships Funding Application for the remaining 6 months of the initial 18-month Budget Period 03/01/2017 through 08/31/2018. 2. FUNDING AGENCY. Department of Health and Human Services, Administration for Children and Families (ACF), Office of Head Start (OHS). 3. SUBMITTAL STATUS. This is a submission of application for the remaining 6 months of the initial 18-month period of the Early Head Start Child Care Partnership grant funding for FY 2017. 4. PROPOSED TERM. Funding must be requested annually. The initial first year budget period is from 03/01/2017 through 08/31/2017. The budget summary for the remaining 6 months of the initial 18-month budget period is shown below. 5. CURRENT FUNDING. Funding for Early Head Start is provided by federal dollars. Contra Costa County, as Grantee, is required to generate a 20% non-federal match of the total project budget, which may be in cash or in-kind contributions, fairly valued. 6. FUTURE FUNDING. An application for continuation grant funding must be submitted each year. 7. BUDGET SUMMARY Budget Categories: FY 2017 EHS Child Care Partnership Balance of Funds Personnel $ 429,850 Fringe Benefits $ 327,882 T & TA $ 86,354 Travel $ - 0 - Supplies $ 32,250 Contractual $ 739,000 Other $ 95,351 Sub-Total of Direct Charges $1,710,687 Indirect Costs $ 102,734 Total Federal Amount Being Requested $1,813,421 Non-Federal Share $ 453,355 Total Federal and Non-Federal $2,266,776 December 5, 2017 Conta Costa County Board of Supervisors Minutes 667 2017 Early Head Start Child Care Partnership Supplemental Budget 16-Point Narrative 2 8. STAFFING REQUIREMENTS. As Grantee, Contra Costa County operates the Early Head Start Program, which is administered and staffed by the Employment & Human Services Department, Community Services Bureau. 9. PROGRAM NEED. The Community Services Bureau serves the needs of low- income children (3-5 years of age under Head Start, and prenatal - 3 yrs under Early Head Start) and their families, by providing quality childcare, child development, and other services such as medical, mental health and dental needs. 10. RELATIONSHIP TO OTHER PROGRAMS. The Community Services Bureau’s Head Start program combines Federal Head Start and State Child Development funding into one cohesive program. The Bureau also has strong collaborations with other departments within the County and partners with community based organizations, local private businesses, schools, non-profits, and volunteer organizations. 11. PROJECT GOALS. (Same goals and objectives for both Head Start and Early Head Start) Goal 1: Goal 1: Through the use of multiple technologies, CSB will develop systems to enhance staff and client communication while coordinating program -wide approaches to effective data management and ensuring high quality service delivery. Goal 2: Due to an 84% increase in Early Head Start slots (from 311 to 573) in two years, CSB will enhance its Early Head Start programming through a multi-faceted approach. Goal 3: CSB will implement a “Grow Our Own” approach to hiring, developing, and retaining a robust staff across all service areas that are responsive to the clients and intrinsically motivated to be the best they can be through a variety of supports and services. Goal 4: CSB will implement data-driven Parent, Family and Community Engagement (PFCE) services that embrace the PFCE framework and result in measurable impacts that achieve the mission of the organization. 12. STATED OBJECTIVES.  By June 30, 2018, CSB will have interactive self-service kiosk stations at large centers and the administrative building.  By June 30, 2018, CSB will have an interactive web-portal and mobile application to improve communication between client and staff.  By June 30, 2018, CSB will implement an Interactive Voice Response (IVR) and Short Message System (SMS) that allows a computer to interact with clients through the use of voice and/or text and to input via keypad on their land line or mobile device.  By June 30, 2018, CSB will have computer stations set up for parents at 4 designated centers. By July 2017, CSB will enhance its violence prevention and safety program for children, families, and staff.  By June, 2018, CSB will implement its Early Head Start Program for Infant Toddler Caregiving (PITC) Training Matrix 2017-18 for all Early Head Start teachers.  By December 31, 2018, CSB will implement a comprehensive material and December 5, 2017 Conta Costa County Board of Supervisors Minutes 668 2017 Early Head Start Child Care Partnership Supplemental Budget 16-Point Narrative 3 equipment purchasing plan to optimize the quality of the Early Head Start environment.  By December 31, 2018, CSB will provide families with education on safe sleep practices to reduce the risk of Sudden Infant Death Syndrome and other sleep- related causes of infant death.  By December 31, 2018, CSB will ensure curriculum implementation fidelity through its enhanced education monitoring tool.  By December 30, 2018, CSB will enhance its Bright Futures Early Periodic Screening Diagnosis and Treatment (EPSDT) Implementation through adaptations to systems, services and community partnerships.  By December 31, 2018, CSB will collaborate with SEIU Local 1021, the YMCA of the Bay Area and the Los Angeles Trade-Tech College in the California Apprenticeship Initiative to engage participants in the early care and education field.  December 31, 2018, CSB will partner with California Head Start Association and local educational institutions to provide training and education to meet the credentialing/certification requirements for “Family Services staff” in the Head Start Performance Standards.”  By December 31, 2018, CSB, in collaboration with First 5 and the Alliance to End Abuse, will implement a Trauma 2.0 Curriculum for Early Educators in a train-the- trainer model that includes extensive coaching and support by a consultant.  By December 31, 2018 will re-design its Family Partnership Agreement to include measureable family outcomes that demonstrate the effectiveness of program services and supports.  By December 31, 2018 CSB implement the Make Parenting a Pleasure curriculum at all of its centers.  By June 2017, CSB parents will enhance their parenting skills to be more positive with their children and will have developed self-reliant abilities.  By June 30, 2018, CSB, in collaboration with REadingADvantage will implement two family literacy programs: Parent Power! for parents of preschoolers and Itsy Bitsy (Read Me a Story) for parents of infants and toddlers. 13. ACTIVITY SUMMARY. Program continues to provide high-quality services. 14. EVALUATION METHOD(S). Measurable, results-based child and family outcomes have been implemented, such as the required State of California’s Desired Results Developmental Profile, for programs providing services through collaboration with the State of California Department of Education. 15. CHANGES COMPARED TO PRIOR YEAR (if any). Goals and Objectives cover FY 2013 – FY 2018. Policy Council has been involved in the development, review and evaluation process of the goals and objectives. 16. POTENTIAL CONTROVERSIAL ISSUES. None. Public perception of the Head Start and Early Head Start programs remain positive. The Policy Council will approve submission of this grant at their November 15, 2017 meeting. December 5, 2017 Conta Costa County Board of Supervisors Minutes 669 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Standard Agreement #29-502-42 (State #17-94124), with the California Department of Health Care Services, to pay the County an amount not to exceed $20,072,025, to provide alcohol and other drug prevention, treatment and recovery support services to County residents through the authority of Federal Substance Abuse Prevention and Treatment Block Grants (SABG) for the period from July 1, 2017 through June 30, 2020. FISCAL IMPACT: This Agreement will provide funding for fiscal years 2017/2018 through 2019/2020 in an amount not to exceed $20,072,025 for the SABG. No County match is required. BACKGROUND: On December 2, 2014, the Board of Supervisors approved Agreement #29-502-34, (as amended by subsequent Amendment Agreements #29-502-35 through #29-502-41), to receive State General Funds, Federal Block Grant allocations and Drug/Medi-Cal funds for Substance Use Disorder (SUD) services, for the period from July 1, 2014 through June 30, 2017. Approval of this Standard Agreement #29-502-42 allows the County to continue to receive SABG allocation funds and allow the Department to continue providing needed substance abuse services. In accordance with this agreement, the County agrees to indemnify and hold the State harmless for claims arising out of the County’s performance under the Agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5501 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala, M Wilhelm C. 52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Standard Agreement #29-502-42 with the California Department of Health Care Services December 5, 2017 Conta Costa County Board of Supervisors Minutes 670 CONSEQUENCE OF NEGATIVE ACTION: If this Agreement is not approved, County will not receive funding to support the continuation of substance abuse services in Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 671 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, accept grant funding from the California Arts Council, a state agency, in an amount not to exceed $26,250 for the County to provide advocacy for the advancement of arts and the Poetry Out Loud program for the period October 1, 2018 through June 30, 2019. FISCAL IMPACT: Upon approval, the County will be receive up to $26,250 in grant funds to support art advancement programs. California Arts Council grant requirements typically require a dollar-for-dollar match of which up to 50% can be from in-kind goods and services and donations. Although the state has included an additional nine-month grant period to the 2017-18 annual grant, match requirements for the funding period October 1, 2018 through June 30, 2019 are not included in the agreement. Should a match be required or benefit the County's position to apply for future California Arts Council grants, it is anticipated that the fiscal year 2018-19 budget will include a General Fund allocation for the Arts Commission and the Commission will be able to utilize in-kind resources available to offset and meet the matching fund requirements of the grant. (100% State) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 53 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:State-Local Partnership Grant Increase from the California Arts Council December 5, 2017 Conta Costa County Board of Supervisors Minutes 672 BACKGROUND: Established by the Board of Supervisors in December of 1994 as an official County commission and the authorized County partner with the California Arts Council, the Arts and Culture Commission of Contra Costa County (AC5) first applied for and received funding from the State-Local Partnership program in July 1995 for fiscal year 1995-1996. Since that time, the Board of Supervisors has designated and reaffirmed AC5 as the authorized partner of the State-Local Partnership program of the California Arts Council. This designation allows the County to apply for and accept funding from the State to enhance art and culture programs in the county. The goals of the State-Local Partnership program are to promote public value of and participation in the arts; leverage public and private support for the arts; encourage and promote arts in education; foster local and regional partnership and collaboration; create, present, and preserve the arts of all cultures; promote inclusiveness and equity in the arts for all communities; and encourage cultural development and preservation of California’s diverse communities. On June 6, 2017, the Board authorized the County Administrator to apply for and accept grant funding from the California Arts Council in an amount not to exceed $37,300 for the County to provide advocacy for the arts and the Poetry Out Loud program for the period October 1, 2017 through September 30, 2018. On October 17, 2017, the County received grant award documents from the California Arts Council for a grant period of October 1, 2017 through June 30, 2019 for a total award amount of $58,016. This amount includes funding in the amount of $31,766 for the period October 1, 2017 through September 30, 2018 and $26,250 for the period October 1, 2018 through June 30, 2019. The agreement only requires a dollar-for-dollar match, of which up to 50% can be in-kind goods, services, and donations, for the $31,766 and this is budgeted in fiscal year 2017-18. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the County will not accept and additional $26,250 in grant funding that supports the advancement of arts and advocacy efforts of AC5. December 5, 2017 Conta Costa County Board of Supervisors Minutes 673 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute Change Order No.1 with Federal Solutions Group, for Job Order Contract 004, Aztec Consultants, for Job Order Contract 005, Mark Scott Construction for Job Order Contract 006, and Anderson Group International for Job Order Contract 0007, to increase the payment limit by $2,000,000, to a new maximum contract value of $4,500,000, as allowed by Public Contract Code. FISCAL IMPACT: Projects under Job Order Contract 004, 005, 006, 007 are only issued when there is an approved project and funding. The maximum contract value of $4.5 million per annual job order contract is a maximum limit based on Public Contract Code Section 20128.5 (not actual appropriated dollars), and it is possible that the limit may not be reached. Having this limit allows for efficiency and flexibility in accomplishing work up to the maximum statutory limit. BACKGROUND: To date, the Job Order Contracts (JOC) Program has been, and is anticipated to be, a valuable construction project delivery tool for the term of the JOC contracts. Central to the JOC Program is that JOC contracts are performance-based; and as contractors perform well and timely, they will be the more likely candidates for consideration for future JOC Job Orders. Capital APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ramesh Kanzaria, (925) 313-200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 54 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve Change Order No.1 for repair, remodeling, and other repetitious work for Job Order Contracts 004, 005, 006, 007 (WW0862). December 5, 2017 Conta Costa County Board of Supervisors Minutes 674 BACKGROUND: (CONT'D) Projects Division desires to increase the amount of JOC projects to be performed by Federal Solutions Group (JOC 004), Aztec Consultants (JOC 005), Mark Scott Construction (JOC 006), and Anderson Group International (JOC 007) since there is a great need to continue utilizing the existing JOC contracts. On February 14, 2017, the Board of Supervisors authorized the Public Works Director, or designee, to solicit bids for job order contracts for repair, remodeling, and other repetitive work, and bring to the board recommendations to award four contracts. On February 17, 2017, bids were invited by the Public Works Director. On March 23, 2017, the Public Works Director received 6 bids for the job order contracts. The scope of work for the work performed under the JOC's will be determined by individual job orders using the Construction Task Catalog. On April 18, 2017 job order construction contracts were awarded to the four lowest, responsive bidders: Federal Solutions (JOC 004), Aztec (JOC 005), Mark Scott (JOC 006), and Anderson Group (JOC 007) for job orders under the JOC's in amounts not less than $25,000 nor more than $2,500,000. The Interim Public Works Director recommends the Board to approve Change Order No. 1 with Federal Solutions Group, Aztec Consultants, Mark Scott Construction and Anderson Group in the amount of $2,000,000, to increase the payment limit from $2,500,000 to a new maximum contract value of $4,500,000, as allowed by Public Contract Code. CONSEQUENCE OF NEGATIVE ACTION: If the change order is not approved, the County will not have the resources to complete deferred maintenance projects as described in the FLIP report and other County construction projects involving repair, remodeling, and other repetitive work. December 5, 2017 Conta Costa County Board of Supervisors Minutes 675 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with Arboricultural Specialties, Inc., (dba The Professional Tree Care Company) to extend the term from October 31, 2017 to April 30, 2018, with no change to the payment limit, for on-call tree trimming services, Countywide. FISCAL IMPACT: This cost is to be funded through Facilities Services maintenance budget. (100% General Fund) BACKGROUND: Public Works Facilities Management is responsible for maintaining the grounds around County facilities. Tree maintenance and trimming are an important part of this maintenance. The County does not currently have enough staff to complete the amount of tree trimming required. If approved, The Professional Tree Care Company will assist County staff in performing this maintenance. As bid on Bidsync # 1408-095, The Professional Tree Care Company was the second lowest responsible and responsive vendor, and will become the secondary vendor for this commodity. This request is for a six month extension to the three year contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 55 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve a contract amendment with Arboricultural Specialties Inc. d/b/a The Professional Tree Care Company, Countywide. December 5, 2017 Conta Costa County Board of Supervisors Minutes 676 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, tree trimming with The Professional Tree Care Company will be discontinued. December 5, 2017 Conta Costa County Board of Supervisors Minutes 677 RECOMMENDATION(S): APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with Davey Tree Expert Company (Davey Tree), to extend the term from October 31, 2017 to April 30, 2018, with no change to the payment limit, for on-call tree trimming services, Countywide. FISCAL IMPACT: This cost is to be funded through Facilities Services maintenance budget. (100% General Fund) BACKGROUND: Public Works Facilities Management is responsible for maintaining the grounds around County facilities. Tree maintenance and trimming are an important part of this maintenance. The County does not currently have enough staff to complete the amount of tree trimming required. If approved, Davey Tree will assist County staff in performing this maintenance. Davey Tree offers national U.S. General Services Administration contract pricing. These contracts are used by the State of California and most regional utilities needing tree maintenance. As bid on Bidsync # 1409-095, Davey Tree was the lowest responsible and responsive vendor, and will become the primary vendor for this commodity. This request is for a six month extension to the three year contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stan Burton, (925) 313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 56 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve a contract amendment with Davey Tree Expert Company, Countywide. December 5, 2017 Conta Costa County Board of Supervisors Minutes 678 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, tree trimming with Davey Tree will be discontinued. December 5, 2017 Conta Costa County Board of Supervisors Minutes 679 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee to execute, on behalf of the Public Works Department, a Purchase Order with Dell Computers, in an amount not to exceed $135,069 to procure desktop computers for the replacement of outdated computers, as recommended by the Interim Public Works Director, Countywide. FISCAL IMPACT: The purchase will be paid with revenues from programs that will benefit from the personal computers. (40% Flood Control Funds, 40% Road Funds, 20% Special Revenue Funds) BACKGROUND: This purchase is part of the routine replacement of desktop computers that have exceeded their useful life and to supply new staff with work stations. The Public Works Department is reaching the end of the current lease agreement with Dell and has decided to take this opportunity to purchase new computers due to the high administrative costs associated with managing leases. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mark Wharton, 925 313-2243 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 57 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve a Purchase Order with Dell Computers for replacement of Public Works desktop computers. December 5, 2017 Conta Costa County Board of Supervisors Minutes 680 CONSEQUENCE OF NEGATIVE ACTION: The Department has one hundred and fifty (150) desktop computers coming off of lease that will be returned to Dell under the lease agreement. Without Board approval, the department will be unable to execute the purchase order which would significantly impact the department’s ability to function efficiently. December 5, 2017 Conta Costa County Board of Supervisors Minutes 681 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Total Firearms Training in an amount not to exceed $196,000.00 to provide firearms range safety management for Sheriff's personnel and range visitors for the period January 1, 2018 through December 31, 2019. FISCAL IMPACT: $196,000.00. Budgeted (70% County General Fund, 30% participant fees) BACKGROUND: Total Firearms Training will provide Rangemaster, Armorer, and Instructor services at the Sheriff's Range for the Office of the Sheriff. Contractor will provide firearms range safety management for Sheriff's personnel and range visitors to include, observation of Sheriff's personnel and visitors while they are handling firearms, advise of any safety concerns observed, and take immediate action to stop any activity viewed as presenting a danger to life or property. Contractor will perform range maintenance and improvement supervision, perform tasks related to armorer repair, and provide firearms instruction. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 58 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 5, 2017 Contra Costa County Subject:Total Firearms Training December 5, 2017 Conta Costa County Board of Supervisors Minutes 682 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with National Medical Services Inc., in an amount not to exceed $240,000 to provide forensic toxicology analysis for the period January 1, 2018 through December 31, 2018. FISCAL IMPACT: $240,000. 100% Agency Fees. Budgeted. BACKGROUND: Contra Costa County provides, through its Office of the Sheriff – Forensic Services Division – Crime Laboratory, toxicology analysis on blood, urine, and tissue samples submitted as evidence. The County’s Crime Laboratory is accredited by the American Society of Crime Laboratory Directors–Laboratory Accreditation Board (ASCLD-LAB) and also processes submissions from other agencies. National Medical Services Inc., (NMS) is also accredited by ASCLD-LAB and performs testing and analysis on forensic samples on both ante-mortem and post-mortem cases, providing product assurance and validity of results. The Sheriff’s Office Crime Lab will utilize services provided by NMS for sample evidence analysis. CONSEQUENCE OF NEGATIVE ACTION: A negative action on this item will cause long delays in the processing of forensic toxicology analysis submitted as evidence. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 59 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 5, 2017 Contra Costa County Subject:National Medical Services Inc. December 5, 2017 Conta Costa County Board of Supervisors Minutes 683 CHILDREN'S IMPACT STATEMENT: No impact. December 5, 2017 Conta Costa County Board of Supervisors Minutes 684 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, to execute a purchase order, on behalf of District Attorney, with Computerland of Silicon Valley, in an amount not to exceed $160,000 for network switches as part of information technology upgrades at 900 Ward Street, Martinez. FISCAL IMPACT: Total cost of approximately $160,000 with be paid for 100% form forfeiture funds. BACKGROUND: The department's inability to take advantage of the greater network speeds has negative impact on the effectiveness of the operation. Computerland of Silicon Valley is a provider of networking equipment for Contra Costa County and provide the equipment necessary for this upgrade. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this purchase order will have a long term negative impact on productivity in the District Attorney's office. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cherie Mathisen I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 60 To:Board of Supervisors From:Diana Becton, District Attorney Date:December 5, 2017 Contra Costa County Subject:Purchase Order with Computerland of Silicon Valley December 5, 2017 Conta Costa County Board of Supervisors Minutes 685 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract #26-606-14 with Sodexo America, LLC, a limited liability company, in an amount not to exceed $390,000, to provide management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from November 1, 2017 through October 31, 2018. FISCAL IMPACT: This contract is funded 100% by Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On December 20, 2016, the Board of Supervisors approved Contract #26-606-12 with Sodexo America, LLC, for the provision of management and oversight of the Food and Nutrition Services Unit at CCRMC, for the period from November 1, 2016 through October 31, 2017. Approval of Contract #26-606-14 will allow the Contractor to continue providing services through October 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Regional Medical Center would be operating without management oversight in the Food and Nutritional Services Unit and be out of compliance with the Centers for Medicare and Medicaid Services requirements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 61 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #26-606-14 with Sodexo America, LLC December 5, 2017 Conta Costa County Board of Supervisors Minutes 686 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with First Baptist Church of Pittsburg, California, to increase the payment limit by $31,861 to a new payment limit of not to exceed $395,822 to provide Early Head Start Program Enhancement and State General Childcare Development services, with no change to the term of July 1, 2017 through June 30, 2018. FISCAL IMPACT: This action will increase expenditures by an amount not to exceed $31,861. The increased expenditure will be covered by 70% State and 30% Federal revenues. $120,000 / Federal funds / CFDA # 93.600 Administration for Children and Families (30%) $275,822 / State funds / California Department of Education (70%) BACKGROUND: The Employment and Human Services Department, through the Community Services Bureau (Bureau), manages a childcare operation that includes Early Head Start and State General Childcare Development programs. In order to reach a wider community, the Bureau sub-contracts with community based agencies to provide services. The Board approved the contract on July 18, 2017 (C.60) for 20 program slots for State General Childcare and 20 program slots for Early Head Start Program enhancement. This amendment is to pass through the cost of living adjustment to the daily rate for program slots from the California Department of Education. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ressie Dayco, Christina Reich, Nasim Eghlima, Haydee Ilan C. 62 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2017-18 First Baptist Early Head Start Enhancement & General Childcare Program, Amendment 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 687 CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to pass through the State cost of living adjustment to its community based agency partner. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 688 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with First Baptist Church of Pittsburg, California, to increase the payment limit by $171,965 to a new payment limit of not to exceed $1,601,396 for the provision of childcare services at Fairgrounds Children’s Center, with no change to the term of July 1, 2017 through June 30, 2018. FISCAL IMPACT: This action will increase expenditures by an amount not to exceed $171,965 (resulting in a total contract payment limit of not to exceed $1,601,396). The contract is 21% funded by the Federal Administration for Children and Families and 79% by the California Department of Education. $341,813 / Federal funds / CFDA # 93.600 Federal Administration for Children and Families (21%) $1,259,583 / State funds / California Department of Education (79%) BACKGROUND: On September 25, 2007, the Board of Supervisors approved the award of the operation of childcare services at the County-owned facility, Fairgrounds Children’s Center, as a result of a Request for Proposal (RFP). First Baptist APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ressie Dayco, Haydee Ilan, Christina Reich, Nasim Eghlima C. 63 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2017-18 Fairgrounds Center Childcare Services Operation, Amendment 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 689 BACKGROUND: (CONT'D) Church of Pittsburg was the successful respondent to the RFP. The first nine (9) months of the contract was approved by the Board on the above date, and the contract has been renewed annually since. Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start program services to program eligible County residents. The County also receives funds from the California Department of Education (CDE) Child Development program for State Preschool and General Childcare and Development program services. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. The Board approved the FY 2017/18 contract on July 18, 2017 (C.56). This proposed amendment is to pass through a cost of living adjustment to the program slots funded by the State. The amendment also provides funding for the Quality Rating & Improvement Service (QRIS) plan for the State Preschool funded sites to help keep staff-to-child ratios low to maintain a quality program. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to pass through the cost of living adjustment granted by the State to it's community based agency partner. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 690 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with First Baptist Church of Pittsburg, California, to increase the payment limit by $206,772 to a new payment limit of $1,276,227 for the provision of State Preschool, Pre-kindergarten Literacy and Early Head Start Program services, with no change to the term of July 1, 2017 through June 30, 2018. FISCAL IMPACT: This action will increase expenditures by an amount not to exceed $206,772 (resulting in a total contract payment limit of not to exceed $1,276,227). The contract is 15% funded by the Federal Administration for Children and Families and 85% by the California Department of Education. $192,000 / Federal funds / CFDA #93.600 (15%) $1,084,227 / State funds / California Department of Education (85%) BACKGROUND: Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start and Early Head Start services to program eligible County residents. Contra Costa also receives funds from California Department of Education (CDE) to provide State Preschool and General Childcare services to program eligible County residents. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB 925-681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ressie Dayco, Haydee Ilan, Christina Reich C. 64 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2017-18 First Baptist Church Kids' Castle and East Leland Childcare Contract, Amendment 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 691 BACKGROUND: (CONT'D) In order to provide a wider distribution of services to County residents, the Department contracts with a number of community-based organizations. The Board approved the FY 2017/18 contract on July 18, 2017 (C.55). This proposed amendment is to pass through a cost of living adjustment to the program slots funded by the State. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to pass through the cost of living adjustment granted by the State to it's community based agency partner. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 692 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Little Angels Country School LLC, to increase the payment limit by $35,788 to a payment limit of $219,254, for the provision of State Preschool services, with no change to the term of July 1, 2017 through June 30, 2018. FISCAL IMPACT: This amendment will increase expenditures by up to $35,788. The increase will be covered 100% by State funds from the California Department of Education. BACKGROUND: Contra Costa County receives funds from the California Department of Education (CDE) to provide State Preschool services to program eligible County residents. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. In order to provide a wider distribution of services to County residents, the Employment and Human Services Department subcontracts with a number of community-based organizations. The Board approved this contract on July 18, 2017 (C.59). The proposed amendment is to pass through the cost of living adjustment to the daily rate for program slots from California Department of Education and to provide Quality Rating Improvement Service (QRIS) funding for program improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ressie Dayco, Christina Reich, Nasim Eghlima C. 65 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2017-18 Little Angels Country School LLC State Preschool Childcare Contract, Amendment 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 693 CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will be unable to pass through the cost of living adjustment granted by the California Department of Education to it's community based organization partner. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 694 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to execute a contract amendment with Richmond Elementary School, Inc. to increase the payment limit by $28,704 to a payment limit of $250,080, for the provision of State Preschool services, with no change to the term of July 1, 2017 through June 30, 2018. FISCAL IMPACT: This amendment will increase expenditures by $28,704. The contract is comprised of 100% state funds from the California Department of Education. BACKGROUND: Contra Costa County receives funds from California Department of Education to provide State Preschool services to program eligible County residents. In order to provide a wider distribution of services to County residents, the Department contracts with a number of community-based organizations. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. The Board approved this contract on July 18, 2017 (C.62). This proposed amendment is to pass through the cost of living adjustment to the daily rate for program slots from the California Department of Education. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to pass through the cost of living adjustment granted by the California Department of Education to it's community based organization partner. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ressie Dayco, Christina Reich, Nasim Eghlima C. 66 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2017-18 Richmond Elementary School, Inc. State Preschool Childcare Services Contract, Amendment 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 695 December 5, 2017 Conta Costa County Board of Supervisors Minutes 696 CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 697 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to execute a contract amendment with We Care Services for Children, to increase the payment limit by $29,601 to a new payment limit of $257,895, for the provision of State Preschool services, with no change to the term of July 1, 2017 through June 30, 2018. FISCAL IMPACT: This contract will increase expenditures by up to $29,601. The contract is 100% funded by State funds from the California Department of Education. BACKGROUND: Contra Costa County receives funds from the California Department of Education (CDE) to provide State Preschool services to program eligible County residents. The State requires an indemnification clause with County subcontractors wherein the subcontractor holds harmless the State and its officers for any losses. In order to provide a wider distribution of services to County residents, the Employment and Human Services Department contracts with a number of community based organizations. On July 18, 2017 (C.57), the Board approved this contract that provides State Preschool services for 55 children and families in the Central Contra Costa County area. This proposed amendment is to pass through the cost of living adjustment granted by the California Department of Education to the daily rate for program slots in the State Preschool program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ressie Dayco, Christina Reich C. 67 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:2017-18 We Care Services for Children State Preschool Services Contract, Amendment 1 December 5, 2017 Conta Costa County Board of Supervisors Minutes 698 CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to pass through the cost of living adjustment granted by the California Department of Education to it's community based organization partner. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes: (1) Children Ready for and Succeeding in School; (3) Families that are Economically Self-sufficient; and (4) Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 699 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language with the Crowne Plaza Hotel Concord in an amount not to exceed $9,500 to provide the facility for the Heritage Project, Options for Recovery, Caregivers Retreat and Training event tentatively scheduled for April 19, 2018, and requiring County assumption of liability for injuries or damages caused by attendees. (100% State) FISCAL IMPACT: The facility rental charge of $9,500 will be 100% covered by State funds received from the Foster Parent Recruitment, Retention, and Support grant. (No County match) BACKGROUND: In response to issues related to peri-natal exposure to alcohol and drugs, a collaboration was formed with the California Department of Alcohol and Drugs, including Developmental Services, Mental Health Department services, Health Department, and Social Services agencies. This collaboration is entitled Options for Recovery. The mission is to promote recovery of pregnant, postpartum and parenting chemically dependent women and enhance the health of children. On April 19, 2018, the Employment and Human Services Department, Children and Family Services Bureau, will host an intensive training event entitled, "Options for Recovery Retreat and Training" for foster parents and relative caregivers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 68 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Heritage Project, Options for Recovery Retreat and Training Event December 5, 2017 Conta Costa County Board of Supervisors Minutes 700 BACKGROUND: (CONT'D) Crowne Plaza Hotel Concord has requested the Board of Supervisors approval of the facility rental in advance of the event. Provision of food and beverage service during the event is allowable under Heritage Project guidelines, the Foster Parent Recruitment, Retention, and Support grant, and will be consistent with the County Administrative Bulletin No. 614, paragraph IV. B. "appropriated funds are not available to provide food and/or beverages to County employees or members of County committees". The contract for the event includes language that requires the County to indemnify the hotel at which the event is held for injuries or damage caused by attendees during the event. CONSEQUENCE OF NEGATIVE ACTION: Requirements for the Heritage Project, Options for Recovery Program specialized training would not be provided, and may impact funding. December 5, 2017 Conta Costa County Board of Supervisors Minutes 701 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director or designee, to execute a contract containing modified indemnification language with the Crowne Plaza Hotel Concord in an amount not to exceed $12,000 to provide the facility for the Heritage Project, Breaking Barriers Training event scheduled for March 1, 2018, and requiring the County's assumption of liability for injuries or damage caused by event attendees. FISCAL IMPACT: The facility rental charge of $12,000 will be 100% covered by State funds received from the Foster Parent Recruitment, Retention, and Support Grant. (No County match) BACKGROUND: Contra Costa County receives an annual allocation from the California Department of Social Services (CDSS) for the Heritage Project. However, this year's annual event will be funded with a special grant from the State, Foster Parent Recruitment, Retention and Support grant. One of the requirements for the funding is cross-training for foster parents, community partners, alcohol and drug services providers, mental health providers, and County staff. The goals and objectives of the cross-training are to educate, increase collaboration between alcohol and drug treatment partners and social workers, decrease barriers that prevent agencies from working collaboratively, assist families and staff in creating practical solutions for change, case conferencing, and collaboration. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 69 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Heritage Project, Options for Recovery, Breaking Barriers Training Event December 5, 2017 Conta Costa County Board of Supervisors Minutes 702 BACKGROUND: (CONT'D) On March 18, 2018, the Employment and Human Services Department, Children and Family Services Bureau will host the cross-training event, entitled "Breaking Barriers Training" for foster parents, caregivers, service providers, and County staff. Crowne Plaza Concord has requested the Board of Supervisors' approval in advance of the event. Provision of food and beverage service during the event is allowable under the Heritage Project funding guidelines and the Foster Parent Recruitment, Retention and Support Grant, and will be consistent with County Administrative Bulletin No. 614, paragraph IV. B. "appropriated funds are not available to provide food and/or beverages to County employees or members of County committees". The contract for this event includes language that requires the county to indemnify the hotel at which the training event is held for injuries or damages caused by the attendees during the event. CONSEQUENCE OF NEGATIVE ACTION: Requirements for Heritage Project, Options for Recovery Program, specialized training would not be provided and may impact funding. December 5, 2017 Conta Costa County Board of Supervisors Minutes 703 RECOMMENDATION(S): ADOPT Resolution No. 2017/422 approving and authorizing the Interim Public Works Director, or designee, to execute a contract and amendments with Debri-Tech, Inc., effective September 1, 2017, to extend the term from July 31, 2018 through August 31, 2019, and to increase the payment limit by $1,000,000 to a new payment limit of $2,000,000, to provide as-needed assistance with trash and abandoned waste cleanup and removal for the Contra Costa County Watershed Program, Countywide. FISCAL IMPACT: This project is funded by Stormwater Utility Assessment Revenue Funds (100%). BACKGROUND: The Contra Costa County Watershed Program requires as-needed assistance with trash and abandoned waste cleanup and related removal activities in order to remain in compliance with Contra Costa County's stormwater NPDES (National Pollutant Discharge Elimination System) permit from the California Regional Water Quality Control Board(s). Under California Public Resources Code section 40059, the County is required to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cece Sellgren (925) 313-2296 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 70 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve a contract and amendments with Debri-Tech, Inc., for trash and abandoned waste cleanup and removal. Project No. 7517-WO7078 December 5, 2017 Conta Costa County Board of Supervisors Minutes 704 BACKGROUND: (CONT'D) contract for solid waste handling services of the type Debri-Tech is providing by ordinance or resolution. This action will provide as-needed assistance with trash and abandoned waste cleanup and removal for the Contra Costa County Watershed Program. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this contract and amendments by the Board of Supervisors, Contra Costa County will be out of compliance with its stormwater permits from the Regional Water Quality Control Board(s). ATTACHMENTS Resolution No. 2017/422 December 5, 2017 Conta Costa County Board of Supervisors Minutes 705 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/422 IN THE MATTER OF approving and authorizing the Interim Public Works Director, or designee, to execute a contract and amendments with Debri-Tech, Inc., a California Corporation. (Countywide) WHEREAS, the California Public Resources Code section 40059 requires that notwithstanding any other provision of law, each county, city, district, or other local government agency may determine aspects of solid waste handling which are of local concern; and WHEREAS, the California Public Resources Code section 40059 further provides that the authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local government agency by resolution; and WHEREAS, the Interim Public Works Director recommends that the County authorize and execute a contract and amendments with Debri-Tech, Inc., a California Corporation, to provide as-needed assistance to the Public Works Department with trash and abandoned waste cleanup and removal for the Contra Costa County Watershed Program per Cal Public Resource code Section 40059. NOW, THEREFORE, BE IT RESOLVED that the Interim Public Works Director, or designee, is hereby authorized to execute a contract and amendments with Debri-Tech, Inc., in an amount not to exceed $2,000,000 for the term August 1, 2015 through August 31, 2019, to provide as-needed assistance with trash and abandoned waste cleanup and removal for the Contra Costa County Watershed Program. Contact: Cece Sellgren (925) 313-2296 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 5 December 5, 2017 Conta Costa County Board of Supervisors Minutes 706 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #23-457-15 with Health Care Interpreter Network, a non-profit corporation, effective July 1, 2017, to amend Contract #23-457-13, to modify the quarterly payment for translation services, with no change in the original term of July 1, 2017 through June 30, 2019 nor in the payment limit of $400,000. FISCAL IMPACT: This amendment is funded 100% by Hospital Enterprise Fund I. This amendment modifies the quarterly payment for translation services. BACKGROUND: On June 6, 2017, the Board of Supervisors approved Contract #23-457-13, with Health Care Interpreter Network for the provision of consultation and technical assistance with regard to the Healthcare Interpreter Network System including, providing qualified foreign language and sign language interpretation services via video conferencing, for the period from July 1, 2017 through June 30, 2019. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. Approval of Contract Amendment Agreement #23-457-15 will modify the quarterly payments to reflect the intent of the parties and allow the Contractor to continue to provide services through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 71 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Amendment #23-457-15 with Health Care Interpreter Network December 5, 2017 Conta Costa County Board of Supervisors Minutes 707 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County will not receive additional translation services from this contractor. December 5, 2017 Conta Costa County Board of Supervisors Minutes 708 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-924-2 with Animate Consulting, LLC (dba Animate Behavior, LLC), a Limited Liability Company, in an amount not to exceed $1,250,000, to provide applied behavior analysis services to Contra Costa Health Plan (CCHP) members for the period from December 1, 2017 through November 30, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On November 3, 2015, the Board of Supervisors approved Contract #27-924-1 with Animate Consulting, LLC), for the provision of behavioral health treatment services for CCHP members for the period from December 1, 2015 through November 30, 2017. Approval of Contract #27-924-2 will allow Animate Consulting, LLC (dba Animate Behavior, LLC) to continue to provide applied behavior analysis services to CCHP members through November 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of applied behavior analysis services from the contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 72 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #27-924-2 with Animate Consulting, LLC (dba Animate Behavior, LLC) December 5, 2017 Conta Costa County Board of Supervisors Minutes 709 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-007-1 with Gary B. Marcus, M.D., A Professional Corporation, in an amount not to exceed $150,000, to provide cardiology services to Contra Costa Health Plan (CCHP) members, for the period from December 1, 2017 through November 30, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On February 9, 2016, the Board of Supervisors approved Contract #77-007 with Gary B. Marcus, M.D., A Professional Corporation, for the provision of cardiology services to CCHP members, for the period from December 1, 2015 through November 30, 2017. Approval of Contract #77-007-1 will allow the contractor to continue providing cardiology services to CCHP members through November 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 73 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #77-007-1 with Gary B. Marcus, M.D., A Professional Corporation December 5, 2017 Conta Costa County Board of Supervisors Minutes 710 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-144 with Brownstein and Crane Surgical Services, a corporation, in an amount not to exceed $1,000,000, to provide gender reassignment surgery services for Contra Costa Health Plan (CCHP) and Medi-Cal members for the period from December 1, 2017 through November 30, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. BACKGROUND: Under Contract #77-144, the contractor will provide gender reassignment surgery services for CCHP and Medi-Cal members for the period December 1, 2017 through November 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP and Medi-Cal members will not receive the benefits of gender reassignment surgery services from the contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 74 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #77-144 with Brownstein and Crane Surgical Services December 5, 2017 Conta Costa County Board of Supervisors Minutes 711 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Contra Costa County Flood Control and Water Conservation District, on behalf of the Contra Costa Clean Water Program (CCCWP), a purchase order to San Francisco Estuary Institute (SFEI) for CCCWP’s portion of costs for the San Francisco Estuary Regional Monitoring Program for Trace Substances (RMP) in the amount of $158,769, for monitoring of the San Francisco Estuary as required by the National Pollutant Discharge Elimination System Permit issued by the San Francisco Bay Regional Water Quality Control Board, for the period of January 1, 2018 through December 31, 2018, as recommended by the Interim Public Works Director. Countywide. (Project No. 7519-6x7618) FISCAL IMPACT: The cost is not to exceed $158,769 and shall be funded by stormwater utility fee assessments collected by the Cities/Towns and County, proportional to their respective populations. BACKGROUND: The CCCWP consists of Contra Costa County, its nineteen (19) incorporated cities/towns and the Contra Costa County Flood Control and Water Conservation District (referred to collectively as "Permittees"). The CCCWP was established in 1991 through a Program Agreement in response to the 1987 amendments to the federal Clean Water Act (the “CWA”), which established a framework for regulating municipal APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erica Lashley-Cornell 925.313-2360 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller C. 75 To:Board of Supervisors From:Brian M. Balbas, Interim Public Works Director/Chief Engineer Date:December 5, 2017 Contra Costa County Subject:Approve a Purchase Order with the San Francisco Estuary Institute for the San Francisco Estuary Regional Monitoring Program for Trace Substances December 5, 2017 Conta Costa County Board of Supervisors Minutes 712 BACKGROUND: (CONT'D) stormwater discharges under the National Pollutant Discharge Elimination System ("NPDES") Permit Program. The United States Environmental Protection Agency (the "USEPA") published final rules implementing the 1987 CWA amendments in November 1990. The rules mandate that Permittees obtain and implement stormwater permits designed to reduce and eliminate the discharge of pollutants into and from Municipal Separate Storm Sewer Systems they own and operate. Through the CCCWP, Permittees conduct many of the mandated activities collectively, such as water quality monitoring, special studies, and public education. The roles and responsibilities of the CCCWP and Permittees are outlined in the Program Agreement, which was last updated and adopted by all Permittees in June 2010. Flood Control and Water Conservation District staff, on behalf of the CCCWP, respectfully request approval of this purchase order to SFEI for CCCWP’s portion of the cost of the San Francisco Estuary Regional Monitoring Program for Trace Substances (RMP) in the amount of $158,769.00. CCCWP’s participation in the RMP allows it to comply with the NPDES permit requirement that the Permittees participate in implementing an estuary receiving water monitoring program, that is at a minimum equivalent to the San Francisco Estuary Regional Monitoring Program for Trace Substances (RMP), by contributing their fair-share financially on an annual basis. SFEI conducts the RMP on behalf of several Bay Area counties, cities, as well as private stormwater permittees. This Purchase Order would fulfill the Permittees’ required estuary receiving water monitoring for Calendar Year 2018 (January 1, 2018 through December 31, 2018). CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order with the SFEI for the RMP is not approved, the CCCWP and Permittees would not be able to fulfill the required San Francisco Estuary monitoring, and Permittees would be found in non-compliance and subject to fines and penalties issued by the San Francisco Bay Regional Water Quality Control Board, and third party citizen suits allowed under the CWA. December 5, 2017 Conta Costa County Board of Supervisors Minutes 713 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-788-5 with Peyman Keyashian, M.D., an individual, in an amount not to exceed $541,000, to provide anesthesiology services at Contra Costa Regional Medical Center (CCRMC) and Health Centers for the period from February 1, 2018 through January 31, 2019. FISCAL IMPACT: This contract is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On December 20, 2016, the Board of Supervisors approved Contract #26-788-4, with Peyman Keyashian, M.D., for the provision of anesthesiology services at CCRMC and Health Centers, including consultation, training, medical procedures, and on-call coverage for the General and Obstetric Units, for the period from February 1, 2017 through January 31, 2018. Approval of Contract #26-788-5 will allow the contractor to continue to provide anesthesiology services at CCRMC and Health Centers through January 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring anesthesiology services at CCRMC and Health Centers will not have access to contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 76 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #26-788-5 with Peyman Keyashian, M.D. December 5, 2017 Conta Costa County Board of Supervisors Minutes 714 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Contra Costa Family Justice Alliance, a non-profit corporation, to increase the payment limit by $5,000 to a new payment limit of $164,000 to provide additional services for victims of interpersonal violence and their families, effective December 1, 2017, for the period of July 1, 2017 through June 30, 2018. FISCAL IMPACT: The amendment will increase Employment and Human Services Department expenditures by $5,000. County General Funds will cover 95% of the expenditure and 5% will be covered by Other Department Sources/Certified Copies of Public Records. BACKGROUND: This contract is to ensure delivery of effective services for victims of interpersonal violence (domestic violence, sexual assault, child abuse and maltreatment, elder abuse, and human trafficking) through a coordinated, client-centered, multidisciplinary service model. Contra Costa Family Justice Alliance (CCFJA) provides support and assistance to increase the safety and empowerment of families in Contra Costa County experiencing interpersonal violence and to coordinate access to multiple service providers and achieve specific measured outcomes. CCFJA organizes and coordinates community family justice workshops, coordinates a multi-disciplinary team, participates in the Alliance to End Abuse collaborative for evaluation, planning, and fundraising, as well as assisting in developing aligned policies, practices, and protocols to service delivery for victims of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 925-608-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 77 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Amend Contract with Contra Costa Family Justice Alliance December 5, 2017 Conta Costa County Board of Supervisors Minutes 715 BACKGROUND: (CONT'D) human trafficking. This amendment increases the Contractor's research and reporting responsibilities. The original contract, in the amount of $159,000, was approved by the Board of Supervisors at its September 12, 2017 meeting (Item C.80). CONSEQUENCE OF NEGATIVE ACTION: The Contra Costa County Alliance to End Abuse collaborative will have less documented data with which to address interpersonal violence in Contra Costa County and to enhance coordination of services. 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 support and assistance with coordinating access to multiple service providers of crisis intervention, law enforcement, and long-term wellness programs. December 5, 2017 Conta Costa County Board of Supervisors Minutes 716 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to issue a Request for Proposals for the Kinship Supportive Services Program in an amount not to exceed $945,228 to provide kinship support services in Contra Costa County for the period July 1, 2018 through June 30, 2019. FISCAL IMPACT: If a contract is awarded as a result of the Request for Proposal, the Employment and Human Services Department will incur expenditures in an amount not to exceed $945,228. The Department will allocate 2011 State Realignment Funds funds to cover the expenditure in its FY 2018/19 budget. BACKGROUND: Employment and Human Services Department, Children and Family Services seeks to release a Request for Proposals (RFP) for the provision of the Kinship Supportive Services Program (KSSP). These services are necessary to support caregivers in successfully raising their kin and preventing the removal of children from an extended family when the biological parents are unable to provide care. Assembly Bill 1193 (Statutes of 1997, Chapter 794), appropriated funds for the California Department of Social Services (CDSS) to conduct a Kinship Support Services Program. This program provides funds for the planning, start-up and expansion of kinship support services programs in California Counties. These APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 78 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Authorize Issuance of Request for Proposal for Kinship Support Services Program December 5, 2017 Conta Costa County Board of Supervisors Minutes 717 BACKGROUND: (CONT'D) programs are required to provide community-based family support services to relative caregivers, to dependent children placed in their homes as well as to relative caregivers of children who are at risk of dependency or delinquency. The program is also mandated to provide post-permanency services to relative caregivers who have become the legal guardian(s) or adoptive parent(s) of formerly dependent children. CONSEQUENCE OF NEGATIVE ACTION: The Employment and Human Services Department will be unable to provide adequate kinship supportive services. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) Children Ready for and Succeeding in School; 2) Children and Youth Healthy and Preparing for Productive Adulthood; 3) Families that are Economically Self Sufficient; 4) Families that are Safe, Stable and Nurturing; and 5) Communities that are Safe and Provide a High Quality of Life for Children and Families, by providing kinship support services to children and families. December 5, 2017 Conta Costa County Board of Supervisors Minutes 718 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-463-10 with Valerie Gulyash, an individual, in an amount not to exceed $311,200, to provide consulting and technical assistance for the Keane Chargemaster Billing and EPIC Electronic Medical Record Systems used at Contra Costa Regional Medical Center, for the period from January 1, 2018 through December 31, 2019. FISCAL IMPACT: This contract is funded 100% by Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On December 13, 2016, the Board of Supervisors approved Contract #23-463-9 with Valerie Gulyash, for the period January 1, 2017 through December 31, 2017, to provide consulting and technical assistance for the Department’s Chargemaster Billing and EPIC Electronic Medical Record Systems including providing systems review, written reports and recommendations. Approval of Contract #23-463-10 will allow the contractor to continue providing consulting and technical assistance for the Keane Chargemaster Billing and EPIC Electronic Medical Record Systems used at Contra Costa Regional Medical Center, through December 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 79 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #23-463-10 with Valerie Gulyash December 5, 2017 Conta Costa County Board of Supervisors Minutes 719 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County will not be able to ensure that the coding standards are current and conform with current regulations for the Keane Chargemaster System and EPIC System at Contra Costa Regional Medical Center. December 5, 2017 Conta Costa County Board of Supervisors Minutes 720 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Director, to execute an amendment to Purchase Order #F03259 with Henry Schein, Inc., to add $200,000 to a new total not to exceed $900,000 for the purchase of dental supplies, equipment, instruments, and repairs at the Contra Costa Regional Medical Center (CCRMC) and Health Centers with no change in the original term of January 1, 2016 through December 31, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Dental Unit at CCRMC has used Henry Schein, Inc. for many years. Recently all the Purchase Orders for this vendor were combined into one, increasing the amount of money being used against it. In addition, the Dental Unit purchased a large quantity of new dental instruments, equipment, and supplies for the recent state survey. CONSEQUENCE OF NEGATIVE ACTION: If this Change Order is not approved the CCRMC and Health Centers will be unable to meet the dental needs of its patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Margaret Harris, Tasha Scott, Marcy Wilhelm C. 80 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Amendment to Purchase Order with Henry Schein, Inc. December 5, 2017 Conta Costa County Board of Supervisors Minutes 721 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with UHS Surgical Services, Inc. in an amount not to exceed $1,000,000 for the rental of medical devices and equipment for the Contra Costa Regional Medical Center (CCRMC), for the period from January 1, 2018 through December 31, 2019. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The CCRMC rents hospital beds, infusion pumps, and other medical equipment and devices from this vendor. UHS Surgical Services, Inc. has provided competitive pricing through the Vizient Group Purchasing Contract. It is more cost effective to rent than to purchase some medical equipment. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC will not have enough beds and other equipment to care for its patients. If the CCRMC has to purchase medical equipment, the cost to the Health Services Department will be higher. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Margaret Harris C. 81 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Purchase Order with UHS Surgical Services, Inc. December 5, 2017 Conta Costa County Board of Supervisors Minutes 722 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to terminate contract #27-988-1, with Amanda Ibarra Ranola, OD (dba Optometric Vision Care) for optometry services for Contra Costa Health Plan members, effective close of business on October 27, 2017, as agreed upon by both parties. FISCAL IMPACT: This contract was funded 100% by Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On August 8, 2017, the Board of Supervisors approved Contract #27-988-1 with Amanda Ibarra Ranola, OD (dba Optometric Vision Care) for the provision of optometry services for Contra Costa Health Plan members, for the period from September 1, 2017 through August 31, 2019. The Department received a letter from the contractor, requesting termination of this contract. In accordance with General Conditions, Paragraph 5 (Termination), the contractor served the Department 30 days written notice of cancellation of this contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 82 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Acknowledge Termination of Contract #27-988-1 with Amanda Ibarra Ranola, OD (dba Optometric Vision Care) December 5, 2017 Conta Costa County Board of Supervisors Minutes 723 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-689-6 with Epic Care, a corporation, in an amount not to exceed $7,000,000, to provide hematology, oncology and gastric bypass surgery services to Contra Costa Health Plan (CCHP) members for the period from December 1, 2017 through November 30, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On December 15, 2015, the Board of Supervisors approved Contract #27-689-5 with East Bay Medical Oncology/Hematology Medical Associates, Inc. (now known as Epic Care) for the provision of hematology and oncology services to CCHP members, for the period from December 1, 2015 through November 30, 2017. Approval of Contract #27-689-6 will allow the contractor to provide hematology, oncology and bypass surgery services for CCHP members, through November 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 83 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Contract #27-689-6 with Epic Care December 5, 2017 Conta Costa County Board of Supervisors Minutes 724 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment/Extension Agreement #26-758-4 with the Regents of the University of California, on behalf of the University of California, San Francisco Medical Center (UCSF), a California Constitutional corporation, effective January 1, 2018, to amend Contract #26-758-3, to increase the payment limit by $320,000, from $160,000 to a new payment limit of $480,000 and extend the term through December 31, 2020 for remote neurology and neurovascular consultation services for Contra Costa Regional Medical Center (CCRMC). FISCAL IMPACT: This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On April 12, 2016, the Board of Supervisors approved Contract #26-758-3 with UCSF to provide remote neurology and neurovascular consultation services for patients being treated in the Emergency Department or Inpatient Units at CCRMC for the period from January 1, 2016 through December 31, 2017. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this contract. Approval of Amendment Agreement #26-758-4 will allow the contractor to provide additional neurology and neurovascular consultation services for patients being treated in the Emergency Department or Inpatient Units at CCRMC through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M WILHELM C. 84 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Amendment/Extension #26-758-4 with the Regents of the University of California, on behalf of the University of California, San Francisco Medical Cente December 5, 2017 Conta Costa County Board of Supervisors Minutes 725 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, safety and effectiveness of emergency stroke care in the CCRMC Emergency Department will not be increased. December 5, 2017 Conta Costa County Board of Supervisors Minutes 726 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to purchase Target gift cards in the amount of $7,500 (500 cards at $15.00/each) to use as incentives for consumer participation as allowed under Proposition 63, the Mental Health Services Act (MHSA). FISCAL IMPACT: 100% funded by MHSA -Proposition 63. BACKGROUND: Proposition 63, the Mental Health Services Act, was passed by voters on November 2, 2004. This proposition imposes an additional 1% tax on taxable personal income above $1 million to provide dedicated funding for expansion of mental health services and programs. Gift cards are provided to mental health consumers and family members as an incentive for ongoing and meaningful participation and involvement as full partners in the MHSA planning processes, from the inception of the planning through implementation and evaluation of identified activities. State Department of Mental Health Letter Number 05-01 requires the participation of mental health consumers and family members in this process. Additionally, counties must continue to be engaged in ongoing community planning processes for MHSA annual plan updates and for any new MHSA plan. As such, in order to obtain broader stakeholder input, gift cards allow the county to provide a way to reward those mental health consumers and their family members who so willingly volunteer many hours to participate in the myriad MHSA planning processes. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: T Scott, M Wilhelm, L Cabral C. 85 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Purchase of Target Gift Cards for Consumer Input of the Mental Health Services Act December 5, 2017 Conta Costa County Board of Supervisors Minutes 727 BACKGROUND: (CONT'D) Gift cards enable volunteer participants to cover the expenses of their transportation to and from planning meetings and also covers the expenses of their meals when they need to be away from home. The gift cards allow the county to relieve the financial burden of those volunteer mental health consumer and family members who may not have the extra funds to allow their participation. The gift cards will be administered in accordance with the requirements outlined in Administrative Bulletin #615. CONSEQUENCE OF NEGATIVE ACTION: If there are no incentives available, consumers and family member participation and involvement will decrease during the Community Program Planning Process, which is a required component for the MHSA Three-Year Program and Expenditure Plan. December 5, 2017 Conta Costa County Board of Supervisors Minutes 728 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Administrator for the Department of Information Technology, a purchase order amendment with SoftwareOne, to increase the payment limit by $300,000 to a new payment limit of $1,507,870, with no change in the term of May 1, 2014 through April 30, 2019, for additional licenses purchased under the Microsoft volume licensing enterprise agreement. FISCAL IMPACT: This action increases purchase order #52039 by $300,000 to a total amount of $1,507,870. The funds to cover the additional licenses purchased on our Microsoft volume licensing enterprise agreement for the final payment of five annual installments, and charged out to user departments on a per license basis. BACKGROUND: The Department of Information Technology initiates, on behalf of various County Departments, the purchase and renewal of the Microsoft Enterprise desktop licensing agreement. Each participating department is charged for its percentage of the licenses and fees, as applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joanne Buenger, Deputy CIO 925-313-1202 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 86 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Change to Purchase Order with Software One December 5, 2017 Conta Costa County Board of Supervisors Minutes 729 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Kronos in the amount of $1,250,427 to provide automated timekeeping hardware, software, professional consultation and staff training for the Time and Labor Management/Hosting Project for the period December 15, 2017 through December 14, 2022. FISCAL IMPACT: The contract cost comprises professional and educations in the amount of $117,427.50, which is budgeted under Org #1695 for fiscal year 17/18. Also included in the contract is hosting services in the amount of $226,599.96 per year, or $1,132,999.80 for five years. An appropriation exists for the hosted service and will be budgeted under Org #1695 for the next five fiscal years, supported through countywide interdepartmental charges. BACKGROUND: Contra Costa County currently uses Kronos Workforce Central Timekeeper version 3.4, which was implemented in 2003. Kronos Timekeeper is used to collect employees’ time data. The data is manually entered each pay period from all departments, and then interface programs transmit the extracted data to the PeopleSoft Payroll System for the processing of pay. The aging Kronos Timekeeping system is on premise with the County and is becoming unstable. The current version of Timekeeper is no longer supported and the hardware, operating system, and database versions required to support it are no longer supported. The County has recognized that continuing to rely upon unsupported technology puts the County at risk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joanne Buenger, Deputy CIO 925-313-1202 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 87 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Kronos Workforce Software Upgrade December 5, 2017 Conta Costa County Board of Supervisors Minutes 730 BACKGROUND: (CONT'D) > The Steering Committee decided to upgrade the timekeeping system from version 3.4 to version 8 and, in addition, to migrate the system from being located on-premises to a hosted solution based on a variety of factors, including cost savings, IT staffing and technical factors. The Steering Committee includes representatives from departments responsible for the administration of personnel, pay, and benefits (the County Administrator, County Finance Director, Human Resources Director, Auditor-Controller, and Director of Information Technology or designee). Currently, County employees use many different methods for recording time including time cards, time sheets, 3-part forms, homegrown electronic systems, and purchased systems. Often, employees must predict their time near the end of the pay period, necessitating corrections later. Employees do not have easy access to their own data, so they must ask payroll clerks for the information. Managers cannot easily reconcile schedules with worked time or time off or reliably and easily track attendance issues, etc. Payroll clerks are tasked with interpreting time cards and entering data manually into the Kronos system, which is not configured with automatic pay rules — a process that is prone to errors. Because of competing IT projects, the County has limited resources and has expressed their desire to keep their business processes as close to existing (above) as they are now; but, utilize current technology to mitigate risk. Rapid Data Entry, as developed by the County, is not compatible with newer versions of Workforce Timekeeper. Therefore, the County is exploring third-party options to replace this functionality. Kronos workforce management solutions provide streamlined, automated tools to help track time and attendance, analyze and diagnose payroll issues, reduce manual administrative tasks, and uncover costs associated with over-payments and system abuse. To meet the County's business requirements, Kronos will: Implement Workforce Timekeeper v.8 with integration to PeopleSoft, using existing integration as a template, and Cleverant, a third-party, (or internally developed) rapid data entry solution in the Kronos Cloud Provide consulting to accelerate the testing of the new Workforce Timekeeper solution Provide training to the County's core project team and system administrators Provide on-site training to departmental timekeepers Kronos’ national hosting services provide a cost-effective way for the county to gain the benefits of time and labor management systems and IT capabilities without the associated overhead costs. Contra Costa can focus on our strategic initiatives while outsourcing the vital, nonstrategic business applications to Kronos. Kronos’s hosting solution includes several benefits: No hardware or software to purchase, which eliminates capital expenses Rapid deployment without putting a strain on our IT resources Reduced risk of technological obsolescence The software and services will be purchased through the U.S. Communities Government Purchasing Alliance, in which the County participates. The County is agreeing to the terms and conditions contained in the contract between Kronos and Harford County Public Schools, Maryland (Lead Agency Contract #14-JLR-003). The software is hosted by Kronos, which means the software and timekeeping data are stored on Kronos’ servers or its third-party hosts’ servers. The contract provides that data will be backed up daily and adheres to industry standards (SSAE 16, SOC 1, and SOC 2) with respect to data security. In accordance with Administrative Bulletin No 616.0, County Departments are required to obtain Board approval for the purchase of software that costs more than $100,000 (including any related maintenance, licensing and support service). The County Administrator's Office has reviewed this request and recommends approval. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the contract will result in an inability to update the County's current version of its timekeeping system will increase the risk that the County will be unable to process employee Payroll timely and accurately. December 5, 2017 Conta Costa County Board of Supervisors Minutes 731 December 5, 2017 Conta Costa County Board of Supervisors Minutes 732 RECOMMENDATION(S): APPROVE agreement to continue Contra Costa's participation in "Delta Counties", for an additional three year period through January 2021. FISCAL IMPACT: The participant counties share the costs of the coordinator position at $35,000 each. (100% General Fund) BACKGROUND: The Delta Counties Coalition includes the counties of Sacramento, Contra Costa, San Joaquin, Solano,and Yolo. The Coalition was formed by agreement on January 1, 2015 to fund a support position to facilitate the counties' engagement in the Bay Delta Conservation Plan and other matters related the to the Sacramento-San Joaquin River Delta and water supply. The original agreement was for a twelve month period and included terms for two additional twelve month extensions through January 2018. The amendment agreement will extend the term through January 2021. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa will not benefit from engagement in the Bay Delta Conservation Plan and other water related issues. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Twa, County Administrator 925-335-1080 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Laura Strobel, Senior Deputy County Administrator C. 88 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:DELTA COUNTY COALITION COORDINATOR SERVICES December 5, 2017 Conta Costa County Board of Supervisors Minutes 733 RECOMMENDATION(S): CONTINUE the emergency actions originally taken by the Board of Supervisors effective January 19 and February 14, 2017 regarding the hazardous conditions caused by a series of severe rainstorms in Contra Costa County. FISCAL IMPACT: This action is necessary to maintain eligibility for Contra Costa County and its cities to receive disaster relief funds to cover costs of the emergency response and damage repairs needed as a result of the significant storm events in early January 2017 that continued into February. The initial damage estimates for the County from the January 6 -10, 2017 storms are estimated at $9.5 million; additional damage from the February storms has not yet been estimated. The County does not currently have funds designated for the response and repair of the storm damages and has, therefore, applied for relief funds. BACKGROUND: Conditions of extreme peril to the safety of persons and property have arisen within the County, caused by a series of severe rainstorms that began in January 2017 and have continued into February, and have led to widespread flooding, mudslides, sinkholes and damage to public buildings, flood control facilities and roadways, including the collapse of a portion of Alhambra Valley Road at Pinole Creek, caused by a massive sinkhole. Due to the continued rains and saturated soil conditions, a portion of Morgan Territory Road, approximately one mile south of Marsh Creek Road in unincorporated Contra Costa County, began showing signs of sliding during the week of February 20. The movement caused a break in the existing water line and the slide has continued, cracking the road surface to the point that the road is no longer passable. Residents to the south of the slide location are now required to travel south to Livermore APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 89 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:CONTINUATION OF LOCAL EMERGENCIES ARISING OUT OF JANUARY/FEBRUARY 2017 STORM DAMAGE December 5, 2017 Conta Costa County Board of Supervisors Minutes 734 BACKGROUND: (CONT'D) > as their only access option. To address the emergency situation, the Board of Supervisors is exploring alternate access routes while Morgan Territory Road remains closed. The repair work to Morgan Territory Road will require removal of debris, excavation, installation of a structural retaining wall system, backfill, construction of embankment, new pavement, and pavement striping. These conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the County. The initial damage estimate encompasses the County’s response and cleanup of various sites throughout the county and estimated costs to repair damages from the storm. The estimate includes road infrastructure, flood control infrastructure, public building facilities and park and recreation facilities. The majority of the damage occurred on or along rural county roads. The largest and most significant damage occurred on Alhambra Valley Road at Pinole Creek, and on Morgan Territory Road in Clayton, where there were washouts of the roads. Flood control infrastructure also experienced storm related damage. Public building and park facilities suffered minimal impact from the storm. A slideshow illustrating the storm damage can be accessed at this link: January 2017 Storm Damage Slideshow . The effects of the storms continue to be dynamic. Since the Board's original emergency declaration of January 19, Public Works Department crews have been responding to isolated mudslides, localized flooding, downed trees and drainage issues throughout the county, along with intermittent road closures including Marsh Creek Road, Morgan Territory Road, and a partial closure at Alhambra Valley Road at Ferndale Road. There have additionally been isolated issues related to County buildings/facilities including 50 Douglas Drive, 12000 Marsh Creek Rd (Detention Facility) and the County Hospital. Public Works crews continue to respond to items as they are reported. On March 7, 2017, the Board of Supervisors declared a local emergency and authorized the Public Works Director to proceed in the most expeditious manner with the Morgan Territory Road slide repair project. Government Code Section 8630 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 30 days until the local emergency is terminated, which shall occur at the earliest possible date that conditions warrant. Since the conditions that warranted proclamations of an emergency persist, it is appropriate for the Board to continue the local emergency actions regarding the hazardous conditions caused by storm damage. CONSEQUENCE OF NEGATIVE ACTION: Pursuant to Resolution No. 2017/404, the proclamation of local emergencies by the Board of Supervisors on January 19 and February 14, 2017 (Resolutions No. 2017/404 and 2017/65) cannot remain in effect more than 30 days unless they are reviewed and continued by the Board of Supervisors. December 5, 2017 Conta Costa County Board of Supervisors Minutes 735 RECOMMENDATION(S): APPROVE the non-financial Memorandum of Understanding between the Workforce Development Board of Contra Costa County and the One-Stop America's Job Center of California partners and AUTHORIZE the Chair, Board of Supervisors to sign the memorandum. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Workforce Innovation and Opportunity Act (WIOA) requires the public workforce system to align investments in workforce, education, and economic development with regional in-demand jobs. It focuses on the importance of providing customers access to high quality One-Stop Centers to connect individuals with the full range of services available in their communities. In order to establish or enhance collaboration among community partners, WIOA requires local Workforce Development Boards (WDBs), with the agreement of the chief elected official, to develop Memorandums of Understanding (MOUs) with all America's Job Center of California (AJCC) required partners. The State identified two separate phases of the MOU development. Phase 1 identified shared customers and shared services, and addressed service coordination and collaboration amongst partners. Phase II, which has been agreed upon by all partners, addresses how to sustain the unified system through the use of resource sharing and joint infrastructure cost funding. Phase I has been completed and sent forward to the State. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 912-608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 90 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Workforce Development Board of Contra Costa County & One-Stop America's Job Center of California Partners Memorandum of Understanding, Phase II December 5, 2017 Conta Costa County Board of Supervisors Minutes 736 BACKGROUND: (CONT'D) Under WIOA, all partners to the MOU agree to share in the operating costs of the AJCC system, either in cash or through shared services. Recent guidance from the State has clarified that only co-located partners in comprehensive career centers shall share the non-personnel costs necessary for general operation of each comprehensive AJCC. While only co-located partners share infrastructure costs, all AJCC partners shall share costs (including applicable career services identified in WIOA Section 13 (c) (2) that are delivered by the AJCC required partners as authorized under their programs including basic center services, individualized career services, and follow-up services. All mandated partners have agreed upon a cost methodology in compliance with with MOU Phase II requirements. A cost sharing agreement has been signed by all co-located partners. CONSEQUENCE OF NEGATIVE ACTION: Cooperative working relationships and County One-Stop operational requirements could be jeopardized. ATTACHMENTS WDB One-Stop AJCC Partners Phase II MOU December 5, 2017 Conta Costa County Board of Supervisors Minutes 737 December 5, 2017 Conta Costa County Board of Supervisors Minutes 738 December 5, 2017 Conta Costa County Board of Supervisors Minutes 739 December 5, 2017 Conta Costa County Board of Supervisors Minutes 740 December 5, 2017 Conta Costa County Board of Supervisors Minutes 741 December 5, 2017 Conta Costa County Board of Supervisors Minutes 742 December 5, 2017 Conta Costa County Board of Supervisors Minutes 743 December 5, 2017 Conta Costa County Board of Supervisors Minutes 744 8December 5, 2017 Conta Costa County Board of Supervisors Minutes 745 RECOMMENDATION(S): APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code. FISCAL IMPACT: The County Treasurer manages and invests the funds of all County agencies, 21 Special Districts, 19 School Districts and one Community College District. Centralizing this function creates a dedicated staff of investment professionals and creates greater efficiency, economies of scale and greater investment power. BACKGROUND: State law provides that the Board of Supervisors may delegate to the County Treasurer the authority "to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased" for a one year period. It is recommended that this delegation be renewed through the calendar year 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ronda Boler, (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 91 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:December 5, 2017 Contra Costa County Subject:Delegation of Investment Authority to the County Treasurer for Calendar Year 2018 December 5, 2017 Conta Costa County Board of Supervisors Minutes 746 CONSEQUENCE OF NEGATIVE ACTION: If the Delegation of Authority is not approved, each of the County Agencies, 21 Special Districts, 19 School Districts and one Community College District would have to manage their own funds. This would be less cost efficient for all entities. CLERK'S ADDENDUM Speaker: Russell Watts, Treasurer-Tax Collector. December 5, 2017 Conta Costa County Board of Supervisors Minutes 747 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-495-2 with Kaiser Foundation Hospitals, (dba Kaiser Permanente –Walnut Creek), a non-profit corporation, to act as a designated center to assist patients who have been assessed by ambulance personnel with a suspected stroke, for the period from January 1, 2018 through December 31, 2020. FISCAL IMPACT: This is a non-financial agreement. Emergency Medical Service (EMS) staff costs to be covered under County Service Area EM-1 and charges to participating hospitals. BACKGROUND: In collaboration with hospitals, fire first-responders and emergency ambulance services, Contra Costa Emergency Medical Care Committee, and the Contra Costa Stroke Advisory Committee, Contra Costa EMS has been working towards implementation of a program that will provide quicker access to definitive care for patients with symptoms of acute stroke. Strokes occur when blood flow to the brain has been disrupted due to a blockage in a vessel (ischemic stroke) or bleeding in the brain (hemorrhagic stroke). Research has shown significant reduction in mortality and morbidity when stroke patients are identified in the field and transported, with advance notification, to a hospital staffed and equipped to provide rapid stoke care. A nationally-recognized goal is to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost, 925-313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 92 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Approval of Contract #23-495-2 with Kaiser Foundation Hospitals (dba Kaiser Permanente – Walnut Creek) December 5, 2017 Conta Costa County Board of Supervisors Minutes 748 BACKGROUND: (CONT'D) provide primary stroke center intervention within three to four and one half hours of onset of symptoms. Identification of a suspected stroke patient begins in the field and requires rapid identification and subsequent triage to a primary stroke center. All ambulance and fire first responder paramedics in the county have been trained in the rapid recognition of stroke patients using the Cincinnati Stroke Scale. On January 6, 2015, the Board of Supervisors approved Contract #23-495-1 with Kaiser Foundation Hospitals, (dba Kaiser Permanente –Walnut Creek) to act as a designated center to assist patients who have been assessed by ambulance personnel with a suspected stroke, for the period from January 1, 2015 through December 31, 2017. Approval of Contract #23-495-2 will allow Kaiser Permanente – Walnut Creek to continue to act as a Primary Stroke Center through December 31, 2020. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, designation of this facility as a Primary Stroke Center will impede the implementation of a coordinated stroke system in Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 749 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-496-2 with Kaiser Foundation Hospitals, (dba Kaiser Permanente – Antioch), a non-profit corporation, to act as a designated center to assist patients who have been assessed by ambulance personnel with a suspected stroke, for the period from January, 1 2018 through December 31, 2020. FISCAL IMPACT: This is a non-financial agreement. Emergency Medical Service (EMS) staff costs to be covered under County Service Area EM-1 and charges to participating hospitals. BACKGROUND: In collaboration with hospitals, fire first-responders and emergency ambulance services, Contra Costa Emergency Medical Care Committee, and the Contra Costa Stroke Advisory Committee, Contra Costa EMS has been working towards implementation of a program that will provide quicker access to definitive care for patients with symptoms of acute stroke. Strokes occur when blood flow to the brain has been disrupted due to a blockage in a vessel (ischemic stroke) or bleeding in the brain (hemorrhagic stroke). Research has shown significant reduction in mortality and morbidity when stroke patients are identified in the field and transported, with advance notification, to a hospital staffed and equipped to provide rapid stoke care. A nationally-recognized goal is to provide primary stroke center intervention within three to four and one half hours APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost, 925-313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 93 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Approval of Contract #23-496-2 with Kaiser Foundation Hospitals (dba Kaiser Permanente – Antioch) December 5, 2017 Conta Costa County Board of Supervisors Minutes 750 BACKGROUND: (CONT'D) of onset of symptoms. Identification of a suspected stroke patient begins in the field and requires rapid identification and subsequent triage to a primary stroke center. All ambulance and fire first responder paramedics in the county have been trained in the rapid recognition of stroke patients using the Cincinnati Stroke Scale. On January 6, 2015, the Board of Supervisors approved Contract #23-496-1 with Kaiser Foundation Hospitals (dba Kaiser Permanente-Antioch), to act as a designated center to assist patients who have been assessed by ambulance personnel with a suspected stroke, for the period from January 1, 2015 through December 31, 2017. Approval of Contract #23-496-2 will allow Kaiser Permanente – Antioch to continue to act as a Primary Stroke Center through December 31, 2020. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, designation of this facility as a Primary Stroke Center will impede the implementation of a coordinated stroke system in Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 751 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-497-2 with Kaiser Foundation Hospitals, (dba Kaiser Permanente – Richmond), a non-profit corporation, to act as a designated center to assist patients who have been assessed by ambulance personnel with a suspected stroke, for the period from January, 1 2018 through December 31, 2020. FISCAL IMPACT: This is a non-financial agreement. Emergency Medical Service (EMS) staff costs to be covered under County Service Area EM-1 and charges to participating hospitals. BACKGROUND: In collaboration with hospitals, fire first-responders and emergency ambulance services, Contra Costa Emergency Medical Care Committee, and the Contra Costa Stroke Advisory Committee, Contra Costa EMS has been working towards implementation of a program that will provide quicker access to definitive care for patients with symptoms of acute stroke. Strokes occur when blood flow to the brain has been disrupted due to a blockage in a vessel (ischemic stroke) or bleeding in the brain (hemorrhagic stroke). Research has shown significant reduction in mortality and morbidity when stroke patients are identified in the field and transported, with advance notification, to a hospital staffed and equipped to provide rapid stoke care. A nationally-recognized goal is to provide primary stroke center intervention within three to four and one half hours of onset of symptoms. Identification of a suspected stroke patient begins in the field and requires rapid APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost, 925-313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 94 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Approval of Contract #23-497-2 with Kaiser Foundation Hospitals (dba Kaiser Permanente – Richmond) December 5, 2017 Conta Costa County Board of Supervisors Minutes 752 BACKGROUND: (CONT'D) identification and subsequent triage to a primary stroke center. All ambulance and fire first responder paramedics in the county have been trained in the rapid recognition of stroke patients using the Cincinnati Stroke Scale. On December 16, 2015 the Board of Supervisors approved Contract #23-497-1 with Kaiser Foundation Hospital with designate Kaiser Permanente – Richmond as a Primary Stroke Center that is prepared to respond with emergency department teams in consultation with neurologists, to promptly intervene when notified of the pending arrival of a stroke patient, through December 31, 2017. Approval of Contract #23-497-2 will allow Kaiser Permanente - Richmond to continue to act as a designated Primary Stroke Center through December 31, 2020. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, designation of this facility as a Primary Stroke Center will impede the implementation of a coordinated stroke system in Contra Costa County. December 5, 2017 Conta Costa County Board of Supervisors Minutes 753 RECOMMENDATION(S): ACCEPT report on the Fiscal Year 2016/17 and 2017/18 budgets for County contributions to the Contra Costa Transportation Authority, the Congestion Management Agency for the County, and the Regional Transportation Planning Committees, and APPROVE County contributions toward these budgets. FISCAL IMPACT: No impact to the General Fund. The County contribution to the Congestion Management Agency and the Regional Transportation Planning Committees is accounted for and funded from the annual operating budgets approved by the Board of Supervisors for the Public Works Department and the Department of Conservation and Development, using gas tax and Measure J Return-to-Source revenue. BACKGROUND: The agreement that created the County's Congestion Management Agency (CMA) requires referral of its budget to the member jurisdictions. The Regional Transportation Planning Committees (RTPCs) were established by the County and the cities to facilitate cooperative multi-jurisdictional transportation planning in the four subregions of the County, pursuant to the Measure J Transportation Improvement and Growth Management Program. Some RTPCs require member jurisdictions to review their proposed annual budgets. The Board has taken these actions annually for many years but FY 2016/2017 was missed by staff. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Robert Sarmiento (925) 674-7822 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 95 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 5, 2017 Contra Costa County Subject:Report on FY 2016/17 and 2017/18 Budgets for the Congestion Management Agency and the Regional Transportation Planning Committees (RTPCs) December 5, 2017 Conta Costa County Board of Supervisors Minutes 754 BACKGROUND: (CONT'D) > This Board Order also reports on the budgeted financial contribution from Contra Costa County to the CMA and the RTPCs for FYs 2016/17 and 2017/18. Exhibit "A" compares the proposed County contribution for FYs 2016/17 and 2017/18 to previous years’ budgets for the different planning entities. Contra Costa Transportation Authority The Contra Costa Transportation Authority (Authority) was created in 1988 to manage funds generated by a special half-cent transportation sales tax ("Measure C") which was approved by voters to fund local transportation projects. The Authority also administers the related voter-approved growth management program requirements. Measure J extended this sales tax and growth management program to 2034. In 1992, the County and the cities entered into a Joint Powers Agreement to designate the Authority as the County's CMA, pursuant to Proposition 111 (1990). Although California law no longer requires each county to have a designated CMA, the local jurisdictions have continued to support the CMA to facilitate the receipt and expenditure of state and federal transportation funds administered by the Metropolitan Transportation Commission (MTC). Contra Costa County's annual contribution to the CMA is based on two components: 1) the formula [population and road miles] used by the State to distribute Proposition 111 gas tax revenue to cities and counties, and 2) the amount of state and federal revenue received by CCTA to fund CMA functions. CCTA primarily uses federal (Surface Transportation Program, Congestion Mitigation and Air Quality) and state (State Transportation Planning, Programming, and Monitoring Program) revenues to fund CMA activities. If these revenues are not sufficient member agencies contribute the balance based on the aforementioned formula. As seen in the attached spreadsheet, local contributions are estimates due to the inability to accurately project fluctuating federal and state revenues. For FY 2016/17, the Authority’s budget was $209,939,317. The County contribution was $188,652, an $86,937 increase over the previous year’s $101,715 contribution (approximately an 85% increase). The Authority’s Proposed Planning Section Budget for fiscal year FY 2017/18 was $5 million. The highlights of the Planning/CMA budget include: $0.3 million for public outreach related to the 2017 Countywide Transportation Plan (CTP) and the development of a new transportation expenditure plan; $0.1 million to update the Action Plans to address SB 743 (2013 – CEQA: Level of Service to Vehicle Miles Traveled) requirements; $0.16 million for Congestion Management Program (CMP) support and monitoring; $0.14 million for the completion of the Countywide Express Bus Study, Safe Routes to School (SR2S) Needs Assessment and Real Time Ride Sharing studies and programs; $0.15 million for the completion of the 2017 CTP Update Environmental Impact Report (EIR); and $1.5 million for Priority Development Area (PDA) related planning studies managed by CCTA on behalf of the MTC. For FY 2017/18, the Authority’s budget is $184,508,140. The County contribution is $193,431, a $4,779 increase over last year’s $188,652 contribution (approximately a 2.5% increase). The Authority’s Proposed Planning Section Budget for fiscal year FY 2017/18 is $3.5 million. The CMA budget was circulated to the Public Managers Association which approved it on April 13, 2017. The highlights of the Planning/CMA budget include: $150,000 to update the Action Plans to address SB 743 (2013) requirements; $275,000 for Growth Management Program (GMP), project modeling and ongoing planning support; $232,000 for CMP support, modeling, and monitoring; $215,000 for the completion of the Countywide Express Bus Study and Bicycle and Pedestrian Plan; $30,000 for the completion of the CTP Update and EIR; and $700,000 for PDA-related planning studies managed by the Authority on behalf of the MTC. Southwest Area Transportation (SWAT) Committee SWAT is the RTPC established for the jurisdictions within the San Ramon Valley and the Lamorinda area. Administrative support, currently provided by contracting with the City of San Ramon, consists of compiling andDecember 5, 2017 Conta Costa County Board of Supervisors Minutes 755 Administrative support, currently provided by contracting with the City of San Ramon, consists of compiling and distributing agendas, staff support at Committee meetings, providing summaries of each meeting, and coordinating the SWAT Technical Advisory Committee. SWAT is funded by equal contributions from the six participating jurisdictions. At the beginning of each billing period, which mirrors the fiscal year, SWAT provides an estimated annual budget and member jurisdiction dues, which for the past few years has been $32,500, with the County member dues $5,417. However, SWAT is unique among the RTPCs in that the jurisdictions are billed the actual annual member dues at the end of the billing period. For FY 2016/17, the actual SWAT budget was $32,500 and the actual County member dues were $5,417, both the same as the estimated budget and member dues. For FY 2017/18, the SWAT budget and County member dues are estimated to remain at $32,500 and $5,417 respectively. Transportation Partnership and Cooperation (TRANSPAC) Committee TRANSPAC is the RTPC established for the jurisdictions in North-Central Contra Costa. A Managing Director, who is contracted by TRANSPAC, provides administrative support. Half of the annual cost to fund TRANSPAC operations is apportioned equally to the six participating jurisdictions, while the other half is apportioned based on the jurisdictions’ share of population and road mileage in the TRANSPAC area. For FY 2016/17, the total TRANSPAC budget was $204,222. The County member dues for TRANSPAC were $31,867. For FY 2017/18, the total TRANSPAC budget is $229,956. The County member dues for TRANSPAC are $35,196. Transportation Planning Committee for East Contra Costa County (TRANSPLAN) TRANSPLAN Committee is the RTPC established for jurisdictions in Eastern Contra Costa. The Department of Conservation and Development provides the administrative support to the TRANSPLAN Committee, pursuant to a joint powers agreement that funds staff time and materials. The budget provides for administrative support to the TRANSPLAN Committee and its technical advisory committee, staff support to represent the Committee before other entities, and the ability to carry out the decisions of the Committee. The budget is funded by equal contributions from the five participating jurisdictions. The total TRANSPLAN budget for FY 2016/17 was $34,546. The County member dues were $6,909. The total FY 2017/18 TRANSPLAN budget is $23,000. A surplus of $10,525 was carried over from FY 2016/17, resulting in a difference of $12,475. The County member dues for TRANSPLAN are $2,495. Tri-Valley Transportation Council (TVTC) TVTC, consisting of Contra Costa County and Alameda County jurisdictions in the Tri-Valley area, adopted a Joint Exercise of Powers (JEPA) agreement in 2013, formally establishing it as an independent entity. Responsibility for administrative support rotates annually among the participating jurisdictions. TVTC’s budget for FY 2016/17 was $98,233. TVTC’s budget for FY 2017/18 is $55,500. Budget revenues are generated from an average annual 1% "set aside" of the subregional transportation development impact fees and cover the agency's normal operating expenditures. Thus, the County does not contribute to TVTC. West Contra Costa Transportation Advisory Committee (WCCTAC) WCCTAC is the RTPC established for jurisdictions and transit agencies in West Contra Costa. WCCTAC has its own dedicated staff, headed by an executive director. WCCTAC's full budget includes the budget for WCCTAC Operations (Advisory Committee), WCCTAC Traffic Demand Management (TDM), and WCCTAC Sub-regional Transportation Mitigation Program (STMP). The full WCCTAC budget has risen over the last couple of years due to the undertaking of the High-Capacity Transit Study and funding several STMP projects. Member jurisdiction dues support WCCTAC Operations. WCCTAC consists of nine member jurisdictions, each with one seat/vote, except the City of Richmond, which has three, for eleven total seats/votes. The member jurisdiction dues is determined by dividing the WCCTAC Operations budget (after deductions from other funding sources) by the number of seats held; therefore, the County pays one-eleventh (9.1%) of WCCTAC's Operations budget. The FY 2016/17 full budget for WCCTAC was $4,705,907. The County member dues were $39,675. For FY 2017/18, WCCTAC’s full budget is $4,002,460, and the County member dues are $42,772. CONSEQUENCE OF NEGATIVE ACTION: If the report is not accepted, County staff will follow up with a request for direction on how to fulfill our fiscal and policy obligations relative to funding the Congestion Management Agency and the Regional Transportation Planning Committees. December 5, 2017 Conta Costa County Board of Supervisors Minutes 756 ATTACHMENTS Exhibit A - CMA RTPC FY 16-17 and 17-18 Budget Report December 5, 2017 Conta Costa County Board of Supervisors Minutes 757 Exhibit 'A'FY 2014/15FY 2015/16FY 2016/17FY 2017/18FY 2014/15FY 2015/16FY 2016/17FY 2017/18Contra Costa Transportation Authority $278,901,231 $253,753,595 $209,939,317 $184,508,140 $79,682 $101,715 $188,652$193,431ATRANSPAC (Central County)$190,440 $204,222 $204,222 $229,956 $29,534 $31,867 $31,867 $35,196TRANSPLAN (East County)$20,252 $35,945 $34,546 $23,000$0B$7,189 $6,909 $2,495Southwest Area Transportation Committee$0C$34,250 $32,500$32,500D$0C$5,708 $5,417$5,417DTri-Valley Transportation Council $205,800 $117,603 $98,233 $55,500$0E$0E$0E$0EWest Contra Costa Transportation Advisory Committee$1,212,194 $2,659,143 $4,705,907 $4,002,460 $36,675 $36,675 $39,675 $42,772Grand Total $280,529,917 $256,804,758 $215,014,725 $188,851,556 $145,891 $183,154 $272,520 $279,311ACounty contribution is an estimate and subject to change due to fluctuating federal and state revenue which offset local contributionsBTRANSPLAN had a sufficient carryover balance from FY 2013/14 to cover FY 2014/15 budgetCMember agencies were not billed in FY 2014/15DFY 2017/18 budget and County contribution are estimates and subject to change. Agencies are charged actual costs which are available at years endETVTC budget is covered by a 1% administration set-aside in the sub regional fee program Agency/CommitteeCounty ContributionBudgetG:\Transportation\Committees\RTPC Budgets\2017\CMA_RTPC FY17-18 Budget Rpt.xlsDecember 5, 2017Conta Costa County Board of Supervisors Minutes758 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 7, 2017, the Board of Supervisors reviewed and approved the emergency declaration. Since the Board meetings on November 21st and 28th were cancelled and the next available Board meeting is December 5, 2017, the time between board orders exceeded 21 days. 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: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 96 To:Board of Supervisors From:David Twa, County Administrator Date:December 5, 2017 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness December 5, 2017 Conta Costa County Board of Supervisors Minutes 759 RECOMMENDATION(S): APPROVE recommended changes to the Integrated Pest Management Policy and Advisory Committee bylaws as illustrated in Attachment A. FISCAL IMPACT: None. BACKGROUND: Over the past few years, changes in the County have made it necessary to revise the County’s IPM Policy and the IPM Advisory Committee’s bylaws. The General Services Department was subsumed under the Public Works Department.1. The Public and Environmental Health Advisory Board (PEHAB) was abolished by the Board on November 15, 2016. 2. On February 13, 2017 the Internal Operations Committee replaced the PEHAB seat on the IPM Advisory Committee with a seat for a representative of the County’s Sustainability Commission. 3. This year, the IPM Committee found it necessary to change its meeting date and the time when it elects its officers. These items needed to be reflected in the bylaws. The amended bylaws and IPM Policy were approved by the IPM Advisory Committee on March 16, 2017, and by the Internal Operations Committee on November 9, 2017. The Internal Operations Committee additionally APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tanya Drlik (925) 335-3214 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 , County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: IPM Coordinator, Clerk of the Board (Maddy Book), IOC Staff C. 97 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 5, 2017 Contra Costa County Subject:UPDATES TO THE INTEGRATED PEST MANAGEMENT POLICY AND ADVISORY COMMITTEE BYLAWS December 5, 2017 Conta Costa County Board of Supervisors Minutes 760 BACKGROUND: (CONT'D) > recommends that Section III(B) of the bylaws be modified to include a requirement for disclosure of financial or familial relationship with county employees, and that this requirement be incorporated into the bylaws of all advisory bodies when their bylaws are submitted to the Board of Supervisors for update. Please see Attachment A for the IPM Policy and IPM Advisory Committee bylaws revisions with the changes tracked. ATTACHMENTS Attachment A: IOC Recommended Changes to IPM Policy and Bylaws_November 2017 December 5, 2017 Conta Costa County Board of Supervisors Minutes 761 WILLIAM B. WALKER, M.D. HEALTH SERVICES DIRECTOR RANDALL L. SAWYER DIRECTOR HAZARDOUS MATERIALS PROGRAMS 4585 Pacheco Boulevard Martinez, California 94553-2233 Ph (925) 335-3200 Fax (925) 646-2073 • Contra Costa Alcohol and Other Drugs Abuse Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health • Contra Costa Health Plan • • Contra Costa Hazardous Materials Programs • Contra Costa Mental Health • Contra Costa Public Health • Contra Costa Regional Medical Center • Contra Costa Health Centers • ATTACHMENT A CONTRA COSTA COUNTY INTEGRATED PEST MANAGEMENT POLICY October 2017 To protect public health, county resources and the environment it will be the policy of Contra Costa County to manage pests within county pest management programs in and on county maintained properties and facilities, using Integrated Pest Management (IPM) principles and techniques. The mission is to promote the combined use of physical, cultural, biological and chemical control methods to effectively manage pests with minimal risk to humans and the environment. For the purposes of this policy the County adopts the Integrated Pest Management definition provided by the University of California Statewide IPM Project: Integrated Pest Management is an ecosystem- based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates that they are needed according to established guidelines, and treatments are made with the goal of removing only the target organisms. Pest control materials are selected and applied in a manner that minimizes risks to human health, to beneficial and non-target organisms, and to the environment. The goals of this countywide policy are to: 1. Minimize risks to the general public, staff and the environment as a result of pest control activities conducted by County staff and contractors. 2. Create, implement and periodically review written IPM plans in the Agriculture, Health, and Public Works Departments specific to their operational needs and consistent with the U.C. definition above and this policy. 3. Promote availability, public awareness and public input into written county pest management plans and records. 4. Create public awareness of IPM through education. To achieve these goals the County has established the following objectives 1. Require County departments to routinely use Integrated Pest Management. 2. Require County pest control contracts to incorporate County IPM policies and practices. 3. Require Departments to report annually on the development and implementation of IPM programs. 4. Maintain a County IPM Coordinator position that reports to the County Administrator and Board of Supervisors. 5. Maintain an IPM Advisory Committee that provides advice to the Board of Supervisors and assists Departments in reviewing pest control alternatives and related costs or impacts. 6. Provide annual IPM training and outreach programs to address the needs of County Departments and employees. December 5, 2017 Conta Costa County Board of Supervisors Minutes 762 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 2 Require County Departments to Routinely Use Integrated Pest Management: The Agriculture, Health and Public Works Departments who use pest management techniques when providing services are required to develop a written IPM Plan, or its equivalent, and designate an IPM Coordinator responsible for implementation. Require County Pest Control Contracts to Incorporate County IPM Policies and Practices All County Departments that contract for pest management services will insure that County IPM policies and practices are adhered to by all licensed pest control contractors performing work on county maintained properties and facilities. Require Departments to Report Annually on the Development and Implementation of IPM Programs. It is understood that development and implementation of IPM programs will take time. Department IPM Coordinators will prepare annual reports on department pest control activities to the County Administrator. The department annual reports will be reviewed by the IPM Advisory Committee. The IPM Advisory Committee shall compile the information into an annual report that will be submitted to the County Administrator and the Board of Supervisors. Maintain a County IPM Coordinator Position that Reports to the Board of Supervisors. In recognition that development, implementation and oversight of a County IPM Program require allocation of resources, the position of County IPM Coordinator has been established and funded. The County IPM Coordinator serves as a resource for Department Heads to insure compliance with the County IPM policy. The County IPM Coordinator is required to serve as staff to the IPM Advisory Committee to assist Department Heads in identifying priorities and in acquiring data to properly evaluate pest control needs and appropriate solutions. The County IPM Coordinator will provide an annual update to the County Fish and Wildlife Committee. Maintain an IPM Advisory Committee that Provides Advice to the Board of Supervisors and Assists Departments in Reviewing Pest Control Alternatives and Related Costs or Impacts. An IPM Advisory Committee has been created. The Advisory Committee will serve as a resource to help both Department Heads and the Board of Supervisors review and improve existing programs and the processes used for making pest management decisions. The membership of the Committee shall be composed of the following: 1. Four (4) ex-officio, non-voting members as follows: a. Agricultural Commissioner, or designee b. Public Works Facilities Maintenance Manager, or designee c. Public Works Deputy Director, or designee d. A current Structural Pest Management contractor with General Services Department 2. Eight (8) voting members as follows: a. Two (2) ex-officio members: i. Health Services Department representative ii. County/Unincorporated County Storm Water Program representative b. Six (6) public members: i. County Sustainability Commission representative ii. County Fish and Wildlife Committee representative iii. Three (3) Type 2, “At Large Appointments,” December 5, 2017 Conta Costa County Board of Supervisors Minutes 763 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 3 iv. One (1) Type 3, “At Large Appointment,” for an environmental organization with either 501(c)(3) or 501(c)(4) status 3. One (1) Type 3, “At Large Appointment” for a Public Member – Alternate. The IPM Advisory Committee may form subcommittees of its members to research and explore specific issues that come before the Committee. The goal of a subcommittee is to provide a working forum for interaction and for information exchange among experts and staff focusing on issues needing in-depth consideration. The IPM Advisory Committee may use Technical Advisory Committees to develop information regarding pest control decisions. The IPM Technical Advisory Committee may include representatives from the East Bay Regional Park District, Contra Costa Mosquito & Vector Control District, Contra Costa Water District, the University of California Cooperative Extension, Pesticide Applicators Professional Association and/or Pest Control Operators of California and other appropriate representatives with expertise in a specific field. Information regarding preferred pest control solutions must include data regarding comparative efficacy, cost, environmental impact and hazards to the public and applicator. Information and recommendations must be based on the best science available. The IPM Advisory Committee will also work with the County IPM Coordinator to develop IPM training programs for County Departments and their employees to assist in compliance with the county’s IPM policy. Additional support could also be provided to County Departments who wish to develop public outreach programs to address environmental and public health concerns. Provide Annual IPM Training and Outreach Programs to Address the Needs of County Departments and Employees. Training programs will be developed under the direction of County IPM Coordinator with the concurrence of the IPM Advisory Committee to ensure that County employees understand IPM techniques and County policy. Utilizing resources such as the U.C. Pest Management Guidelines that have been developed by the University of California Statewide IPM Program, training classes on integrated pest management techniques will be developed and made available for County employees. Public outreach programs to address environmental and health concerns will also be developed to complement existing county programs. December 5, 2017 Conta Costa County Board of Supervisors Minutes 764 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 4 Board of Supervisors IPM Advisory Committee: Agriculture Commissioner (or designee) County/Unincorporated County Storm Water Program Representative Public Works Deputy Director (or designee) PWD Facilities Manager (or designee) 3 Members of the Public at Large One representative from County Sustainability Commission Public Member from County Fish & Wildlife Committee Subcommittees: Formed when needed from members of the IPM Advisory Committee County Administrator Health Services Department Representative Current Pest Management Contractor with PWD 1 Representative of an Environmental Organization Technical Advisory Committees: Formed when needed from outside experts 1 Public Member Alternate December 5, 2017 Conta Costa County Board of Supervisors Minutes 765 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 5 CONTRA COSTA COUNTY INTEGRATED PEST MANAGEMENT ADVISORY COMMITTEE BYLAWS I. Name and Definition A. The name of this advisory body to the Contra Costa Board of Supervisors shall be the “Contra Costa County Integrated Pest Management Advisory Committee,” hereafter referred to as the “Committee.” B. “Integrated Pest Management” (hereinafter, “IPM”) is defined as “an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates that they are needed according to established guidelines, and treatments are made with the goal of removing only the target organisms. Pest control materials are selected and applied in a manner that minimizes risks to human health, to beneficial and non-target organisms, and to the environment.” II. Purpose (Mission Statement) The general purposes of the Committee shall be as follows: A. Protect and enhance public health, County resources, and the environment; B. Minimize risks and maximize benefits to the general public, staff and the environment as a result of pest control activities conducted by County staff and contractors; C. Promote a coordinated County-wide effort to implement IPM in the County in a manner that is consistent with the Board-adopted IPM Policy; D. Serve as a resource to help Department Heads and the Board of Supervisors review and improve existing pest management programs and the processes for making pest management decisions; E. Make policy recommendations upon assessment of current pest issues and evaluation of possible IPM solutions; and F. Provide a forum for communication and information exchange among members in an effort to identify, encourage, and stimulate the use of best or promising pest management practices. III. Membership A. The membership of the Committee shall be composed of the following: 1. Four (4) ex-officio, non-voting members as follows: a. Agricultural Commissioner, or designee b. Public Works Facilities Maintenance Manager, or designee c. Public Works Deputy Director, or designee d. A current Structural Pest Management contractor with the Public Works Facilities Maintenance Division 2. Eight (8) voting members as follows: a. Two (2) ex-officio members: iii. Health Services Department representative iv. County/Unincorporated County Storm Water Program representative December 5, 2017 Conta Costa County Board of Supervisors Minutes 766 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 6 b. Six (6) public members: v. Sustainability Commission representative vi. County Fish and Wildlife Committee representative vii. Three (3) Type 2, “At Large Appointments,” viii. One (1) Type 3, “At Large Appointment,” for an environmental organization with either 501(c)(3) or 501(c)(4) status 3. One (1) Type 3, “At Large Appointment” for a Public Member – Alternate. B. Membership Requirements 1. Members must reside or work in Contra Costa County and should reflect the ethnic, racial, and geographical diversity of the County. 2. Contractors who provide pest management services to the County may not serve on the Committee. The exception is A.1.d., above, the Current Structural Pest Management Contractor with the Public Works Facilities Maintenance Division. 3. If a member’s work status or residence changes, he/she must notify the Committee in writing, within thirty (30) days of their change in status. The Chair will review the change of status and determine if the member is still eligible for membership according to these by-laws. If they are found to be ineligible, the member will be asked to resign his/her position. 4. Current employees of Contra Costa County are not eligible to serve on the Committee as “At Large Appointments” under A.2.iii, A.2.iv, and A.2.v above. 5. Applicants must disclose financial and/or familial relationships they have with County employees. C. Responsibilities of Membership Each member must: 1. Have an interest in and commitment to the Purpose (Mission Statement) of the Committee; 2. Demonstrate knowledge of, interest in, and commitment to improvement of IPM practices in Contra Costa County; 3. Attend Committee meetings; 4. Notify the IPM Coordinator, in advance, of any unavoidable absence from a meeting; and 5. Must comply with the Contra Costa County Policy for Board Appointees concerning Conflict of Interest and Open Meetings, Resolution No. 2002/376. D. Resignation Any member who desires to resign his or her position with the Committee must do so in writing and file it with the Chair and Secretary of the Committee. IV. Staff to the Committee The County IPM Coordinator shall serve as staff to the Committee. Staff shall issue and distribute agendas in accordance with the Brown Act and Better Government Ordinance. Staff shall finalize minutes and distribute to members in the agenda packet. V. Organization of the Committee A. Officers: The officers of the Committee shall be the Chair, Vice-Chair, and Secretary. B. Duties of Officers: 1. It shall be the duty of the Chair to preside at all meetings. December 5, 2017 Conta Costa County Board of Supervisors Minutes 767 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 7 2. In the absence of the Chair, the Vice-Chair shall assume the duties of the Chair. Should both senior officers be unavailable, the Secretary shall preside. 3. The Secretary, or a designee of the Chair, shall take notes at all meetings C. Subcommittees: 1. The purpose of a Subcommittee is to research and explore specific issues in-depth that come before the Committee. 2. The goal of a Subcommittee is to provide a working forum for interaction and information exchange among experts and staff focusing on issues needing in-depth consideration. 3. The Committee Chair shall designate Subcommittee members from the Committee with advice from the Committee. 4. For those issues that are technical in nature, the Subcommittee Chair, with a majority vote from the Subcommittee members, may invite experts from other agencies or institutions, such as East Bay Regional Park District, Contra Costa Mosquito & Vector Control District, Contra Costa Water District, the University of California Cooperative Extension, Pesticide Applicators Professional Association, Association of Applied IPM Ecologists, and/or Pest Control Operators of California and other appropriate representatives with technical expertise in a specific field to attend Subcommittee meetings to provide input and/or report to the Subcommittee. 5. Only the Subcommittee members will have voting rights to make final decisions regarding recommendations to send to the full Committee. VI. Terms/Elections A. Committee: 1. The terms for the Department Representatives do not expire. All other members shall serve for a term of four (4) calendar years. Any vacancies during the term of the member shall be filled for the remainder of that four (4) calendar year term. Members may serve more than one (1) four-year term if reappointed. 2. The Committee shall elect its officers every two (2) years, at the first meeting of each even numbered calendar year. Officers shall be elected by a simple majority of those present. 3. New officers shall assume their duties immediately after the election. 4. Officers shall serve for a term of two (2) years. Any vacancies during the term of the officer shall be filled for the remainder of that two (2) calendar year term. Officers may serve more than one (1) two-year term if re-elected. 5. Should an officer resign, the vacancy will be filled by election at the next regular meeting. 6. Members with two (2) absences in a calendar year may be recommended by the Committee for removal from membership to the Board of Supervisors. 7. Committee vacancies will be filled per the Maddy Local Appointive List Act of 1975. B. Subcommittees: 1. The Committee Chair selects Subcommittee members. 2. Subcommittee members recommend a Subcommittee chair to the Committee Chair, if needed. VII. Duties of the Committee and Subcommittees A. The general duties of the Committee shall include: December 5, 2017 Conta Costa County Board of Supervisors Minutes 768 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 8 1. Working with County Departments to create, promote, implement, and periodically evaluate IPM programs, strategies, and policies specific to their operational needs and consistent with the County IPM Policy; 2. Recommending policies; 3. Prioritizing work of the IPM Coordinator; 4. Coordinating pest management among all areas of the County; 5. Forming Subcommittees to assist in the work of the Committee as deemed necessary by the Committee; 6. Promoting ongoing and expanded cross training among departments on IPM issues; 7. Promoting availability, public awareness, and public input into written county pest management programs, protocols, and records; 8. Helping create public awareness of IPM and promote public education on IPM techniques; and 9. Providing an ongoing forum for consensus and resolution of IPM issues. B. The general duties of the Subcommittees shall include: 1. Researching and discussing matters requiring in depth consideration; and 2. Making specific recommendations to the Committee as appropriate. VIII. Meetings/Voting A. The Committee shall meet every other month on the third Thursday of the month from 10:00 a.m. to 12:00 p.m. B. All meetings of the Committee shall be open to the public and all interested persons shall be permitted to attend meetings. Time shall be set aside for limited public comment on items not on the posted agenda. C. A notice of the regular meeting, with an attached agenda, shall be posted in a public notice area not less than ninety-six (96) hours prior to the meeting, pursuant to the Brown Act and the Better Government Ordinance. D. “Quorum” is defined as fifty percent plus one. E. A quorum of the total membership (at least 7 members) must be present in order to hold a meeting. In the absence of a quorum, no formal action shall be taken except to adjourn the meeting to a subsequent date. F. Voting at Meetings 1. A quorum of voting members (at least 5 members) must be present before any vote on matters before the Committee can take place. Passage of a matter requires approval by a simple majority of the voting members present, except on matters involving policy recommendations to the Board of Supervisors. 2. Passage of matters involving policy recommendations to the Board of Supervisors requires approval by a simple majority of the total number of voting members (at least 5 members). 3. The Public Member – Alternate may vote only if a member listed in III. Membership A.2.b, above, is absent. Otherwise, the Public Member – Alternate may not vote on matters before the Committee. IX. Bylaws/Amendments These bylaws will govern the membership, organization, and meetings of the Committee. These bylaws may be amended by majority vote at any regular Committee meeting, a quorum being present, with prior notice to the membership. December 5, 2017 Conta Costa County Board of Supervisors Minutes 769 IPM Advisory Committee 11/3/17 Changes to IPM Policy and Committee bylaws Page 9 X. Annual Objectives The Committee shall review and adopt annual objectives at the first meeting of the calendar year. XI. Reports to the Board of Supervisors The Committee shall submit a status report on the activities of the Committee as directed, but no less frequently than annually, to the Transportation, Water & Infrastructure Committee of the Board of Supervisors. In addition, the Committee shall submit an annual report to the County Board of Supervisors in accordance with Section IV of Resolution No. 2002/377 (6/18/02). XII. Committee Records Records of the Committee shall be housed at the office of the IPM Coordinator. December 5, 2017 Conta Costa County Board of Supervisors Minutes 770 RECOMMENDATION(S): ACCEPT update on the proposed Marsh Creek Corridor Multi-Use Trail;1. APPROVE submission of grant application(s), each in the amount of $300,000, for the “Marsh Creek Multi-Use Trail Feasibility Study" to the following agencies and grant programs, Caltrans Senate Bill 1 (2017) Sustainable Transportation Planning Grant, Coastal Conservancy Proposition 1 (2014) Grant, and the Metropolitan Transportation Commission's Priority Conservation Area Grant; and 2. AUTHORIZE staff to develop and release a Request for Proposals to recruit and identify a consultant to conduct the Feasibility Study. 3. FISCAL IMPACT: No impact to the County's General Fund. Staff time and proposed County funding is included in existing work plans and budgets. The project is funded by Livable Communities Trust (LCT) Fund ($250,000), East Contra Costa County Habitat Conservancy Restoration Planning Funds ($25,000), and Road Fund – Advance Planning (gas tax) ($25,000). If awarded, grant funds will supplement or replace the aforementioned fund sources. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jamar Stamps, 925-674-7832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jerry Fahy, PWD, Steve Kowalewski, PWD C. 98 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:December 5, 2017 Contra Costa County Subject:Marsh Creek Corridor Multi-Use Trail Study December 5, 2017 Conta Costa County Board of Supervisors Minutes 771 BACKGROUND: At the November 7, 2017, Transportation, Water and Infrastructure Committee ("TWIC") meeting staff brought a report with the following recommendations: RECEIVE update on the proposed Marsh Creek Corridor Multi-Use Trail Study ("Study"),1. RECOMMEND that the Board of Supervisors approve the submission of grant application(s) in an amount of $300,000 each to the following agencies and grant programs: Caltrans Senate Bill 1 Sustainable Transportation Planning Grant, Coastal Conservancy Proposition 1 Grant, and the Metropolitan Transportation Commission's Priority Conservation Area Grant, and authorize staff to develop and release a Request for Proposals to select a consultant to conduct the Study. 2. The full November 7 TWIC report is provided in Exhibit A. Staff updated the Committee based on their discussion at the October 9, 2017, TWIC meeting by providing next steps, which included preparing a Request for Proposals to solicit consultant services to develop the Study, and developing a project budget with a list of potential funding sources. An updated project description and preliminary DRAFT Request for Proposals are provided in Exhibit B and C, respectively. County staff will finalize Exhibit C prior to release. The tentative project schedule is provided as follows: December 2017 - Board of Supervisors approval to issue Request for Proposals and submit grant applications to fund the Study. January 2018 - Release Request for Proposals. January-March 2018 - Submit grant applications. June 2018 - Consultant selection and Board of Supervisors consideration of consultant services contract. June 2018-June 2019 - Develop Marsh Creek Trail Multi-Use Corridor Feasibility Study (could vary based on discussions with consultant). CONSEQUENCE OF NEGATIVE ACTION: Staff will not release the Request for Proposals and therefore not initiate project development. ATTACHMENTS Exhibit A: 11/7/17 TWIC Report Exhibit B: Marsh Creek Corridor Multi-Use Trail Project Description w/ map Exhibit C: DRAFT Request for Proposals December 5, 2017 Conta Costa County Board of Supervisors Minutes 772 TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Special Mtg Meeting Date: 11/07/2017 Subject:RECEIVE update on the proposed Marsh Creek Corridor Multi-Use Trail Study, and DIRECT Staff as appropriate. (John Cunningham, DCD) Submitted For: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE, Department: Conservation & Development Referral No.: 1 Referral Name:Review applications for transportation, water and infrastructure grants... Presenter: John Cunningham, DCD Contact: John Cunningham (925)674-7833 Referral History: Board of Supervisors On April 12, 2016 the Board of Supervisors received a report from the Departments of Public Works and Conservation and Development regarding the concept of a Multi-Use Trail along the Marsh Creek Corridor and took the following actions, 1) RECEIVE report, 2) ADOPT Resolution No. 2016/326 supporting exploration of the concept of the Marsh Creek Corridor Multi-Use Trail, and supporting efforts to identify and secure funding for this project; 3) In collaboration with other proponents of the concept, ADVOCATE for support and funding for the Marsh Creek Corridor Multi-Use Trail, including study and potential implementation, in local, state, and federal transportation, recreation, park, and open space funding efforts and REQUEST consideration of the Marsh Creek Multi-use Trail in the sales tax matter currently under consideration by the Contra Costa Transportation Authority; 4) DIRECT staff to refine the preliminary budget and develop a scope of work for the feasibility analysis and AUTHORIZE staff to work with other prospective project partners to seek funding opportunities. Transportation, Water, and Infrastructure Committee (TWIC) At the October 9, 2017 TWIC meeting staff brought a report with the following recommendations, "RECEIVE update on the proposed Marsh Creek Corridor Multi-Use Trail Study, and DIRECT staff as appropriate." The draft record from the discussion: Staff was directed to to address the following concerns and issues: develop a strategy and Request for Proposal/Scope of Work that would increase the likelihood of the project moving ahead expeditiously, ensure that the East Bay Regional Park District and the East Contra Costa County Habitat Conservancy are active partners, establish a study budget which clearly funds the local match, and return to the Committee for approval to proceed. Referral Update: December 5, 2017 Conta Costa County Board of Supervisors Minutes 773 This report is intended to respond to 1) the concerns raised at October 2017 TWIC meeting {discussed above}, and 2) the direction in the Board of Supervisor's (BOS) Resolution 2016/326 {specifically "...refine the preliminary budget and develop a scope of work..."}. In addition to responding to the direction described above, staff has become aware of available funding through several grant programs and is requesting that TWIC recommend that the BOS approve submission of grants to a] Caltrans under the Sustainable Transportation Planning Grant program, b] the Coastal Conservancy under the Proposition 1 Grant (multi-benefit ecosystem and watershed protection and restoration projects) Program, and c] the Metropolitan Transportation Commission (MTC) under the Priority Conservation Area grant program. Project Background Marsh Creek Road is a popular commute and recreational route for bicyclists traveling between Central County and East County in spite of the lack of bicycle facilities. In 2015 and 2016, the Public Works Department (PWD) and Department of Conservation and Development (DCD) staff initiated exploration of the general concept of a multi-use non-motorized trail along the Marsh Creek Corridor. The proposed trail would run from an existing Class II bicycle facility in Clayton to the Round Valley Regional Preserve, where it would connect to a proposed extension of the existing Marsh Creek Trail. Completion of the multi-use trail along the Marsh Creek Corridor would result in one continuous non-motorized facility from Concord to the Delta Shoreline. A more complete project description and map is attached, One-Pager-Marsh Creek Corridor Multi-Use Trail.pdf. As detailed at the bottom of this report, the project has support from interested and impacted agencies including four cities, the East Bay Regional Park District (EBRPD), Save Mount Diablo, and the East Contra Costa County Habitat Conservancy (ECCCHC). This support is in addition to adopted policy support in the Contra Costa County General Plan and the Contra Costa Transportation Authority's Countywide Bicycle and Pedestrian Plan (MCT_Support_Docs.pdf). From a positive public investment perspective, the project will leverage what are, and will be, sunk costs resulting from the active and planned acquisition and restoration activities in the corridor. Save Mount Diablo, the East Contra Costa County Habitat Conservancy, and the EBRPD are actively acquiring and restoring creek and roadside parcels in the corridor. Project Development - Update Consistent with the BOS direction, PWD and DCD staff have refined a scope-of-work for the feasibility study (Attached 11-1-17 Marsh Creek Trail Scope of Work - Draft.pdf) and are requesting: 1) authorization from TWIC and the BOS to apply for grants that would, if successful, replace the Livable Communities Trust Fund contribution in the funding package identified below, and 2) authorization to develop and release a Request for Proposals to select a consultant to conduct the study. After reviewing comparable studies, staff estimates that the necessary work can be completed at a cost of $300,000. The scope-of-work includes a number of tasks to be completed, including data collection, public outreach, identification and analysis of alternatives, and ultimately, a feasibility analysis consistent with original BOS direction. The project currently has the following fund sources identified that are sufficient to fund the Study: • District 3: Committed $250,000 from the from its Livable Communities Trust (LCT) Fund. • East Contra Costa County Habitat Conservancy: $25,000 from Restoration Planning Funds • Public Works Department: $25,000 from the Road Fund (gas tax) budget, Advance Planning line item. December 5, 2017 Conta Costa County Board of Supervisors Minutes 774 The intent is to have either the Caltrans, Coastal Conservancy, or MTC grant replace the $250,000 LCT funds. In the event these applications are unsuccessful, staff will proceed with the RFP and study using the fund sources identified above. Local Match for Grants Caltrans - Senate Bill 1 Grant: A $200,000 grant under the Sustainable Transportation program would require a $26,000 local match. The ECCCHC funds would cover the majority of the match. Non SB1 Gas tax is ineligible for use as match, staff recommends District 3 LCT funds be used for the remainder. Coastal Conservancy Grant - Proposition 1: No local match is required but it does count towards points on the application. From the grant application: "Projects that have at least 25% matching funds will receive 3 points. Projects with greater than 50% matching funds will receive 5 points." Metropolitan Transportation Commission (MTC)/Coastal Conservancy - Priority Conservation Area (PCA) Grant: No information has been published on this grant program at the time this staff report is being published. However, communication with MTC staff indicates that a Request for Proposal should be released by the end of year. The administration of the grant is not clear yet, while the funding may come from MTC, the grant may be administered by the Coastal Conservancy. If TWIC approves the recommendations of this report, staff will begin a phased preparation of the Caltrans, Coastal Conservancy, and MTC grant applications. In the event the Caltrans Grant is awarded, the Coastal Conservancy Grant will be withdrawn. While the timing of the MTC/PCA grant is unknown, staff would take a similar approach and either suspend work or withdraw the application if we are successful with an earlier grant. The tentative schedule for the three grant programs are included below. Caltrans Senate Bill 1 Sustainable Transportation Planning Grants (grants will support regional sustainable communities strategies and help to achieve the State's greenhouse gas reductions targets) January 2, 2018 – Release Grant Guides and call for applications February 23, 2018 – Grant applications due March 2018 – Application evaluation period May 2018 – Management approval and release grant announcements February 1, 2019 – Non-MPO/RTPA final due date for contract packages May 1, 2019 – MPO/RTPA final due date for programming funds in Overall Work Programs (OWPs) and OWP Agreements. February 28, 2021 – ALL grant tasks must be completed April 30, 2021 – ALL final invoices must be submitted Coastal Conservancy Proposition 1 (multi-benefit ecosystem and watershed protection and restoration projects) Grant Program Winter 2017 Grant Round December 2017 - Request for Proposals Released February 2018 - Proposals Due Spring 2018 Grant Round March 2018 - Request for Proposals Released December 5, 2017 Conta Costa County Board of Supervisors Minutes 775 May 2018 - Proposals Due Metropolitan Transportation Commission/Coastal Conservancy - Priority Conservation Area Grant Unconfirmed: Late 2017 - Request for Proposals Spring 2018 - Applications Due Existing Policy Support (referenced documents are attached, MCT_Support_Docs.pdf) City of Antioch: Resolution 2016/116 Supporting the Exploration of the Marsh Creek Multi-Use Trail Concept City of Brentwood: Resolution 2016/113 Supporting the Exploration of the Marsh Creek Multi-Use Trail Concept City of Clayton: Resolution 46-2016 Supporting the Concept of the Marsh Creek Corridor Multi-Use Trail City of Oakley: Resolution 153-16 Supporting the Exploration of the Marsh Creek Multi-use Trail Concept Contra Costa County Board of Supervisors: Resolution 2016/326 Supporting the Concept of a Marsh Creek Corridor Multi-Use Trail Contra Costa County General Plan: The "Bicycle Facilities Network" map includes a bicycle facility along Marsh Creek Road. Contra Costa Transportation Authority: The Countywide Bicycle and Pedestrian Plan include support for the subject project including 1) planned bicycle facilities along Marsh Creek Road, and 2) the inclusion of the Marsh Creek Corridor in the "Countywide Bicycle Network". The Countywide Bicycle Network is described in the plan as "...the primary bikeway corridors that would connect Contra Costa cities and towns with major destinations. It is intended as the framework around which more local bikeways are integrated into a countywide system." East Bay Regional Park District: Resolution 2016-06-160 to Support Contra Costa County's Leadership on the Concept of a Marsh Creek Corridor Multi-Use Trail East Contra Costa County Habitat Conservancy: Resolution 2015-02 Supporting the Concept of a Marsh Creek Corridor Multi-Use Trail Save Mount Diablo: Letter from the Director of Land Programs supporting the Marsh Creek Corridor Multi-Use Trail Recommendation(s)/Next Step(s): RECEIVE update on the proposed Marsh Creek Corridor Multi-Use Trail, RECOMMEND that the Board of Supervisors approve the submission of grant application(s), “Marsh Creek Multi-Use Trail Feasibility Study" to following agencies and grant programs, Caltrans Senate Bill 1 Sustainable Transportation Planning Grant, Coastal Conservancy Proposition 1 Grant, and the Metropolitan Transportation Commission's Priority Conservation Area Grant, and authorize staff to develop and release a Request for Proposals to select a consultant to conduct the study. Fiscal Impact (if any): No impact to the County's General Fund. Staff time and proposed County funding is included in existing work plans and budgets. Attachments-Y One Pager Marsh Creek Corridor Multi-Use TrailDecember 5, 2017 Conta Costa County Board of Supervisors Minutes 776 MCT Support Docs 11-01-17 Marsh Creek Trail Scope of Work - Draft December 5, 2017 Conta Costa County Board of Supervisors Minutes 777 RESOLUTION NO. 2016/116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH SUPPORTING THE EXPLORATION OF THE MARSH CREEK MULTI-USE TRAIL CONCEPT THAT WOULD CONNECT THE DELTA TO MOUNT DIABLO AND NEIGHBORING COMMUNITIES; AND SUPPORTING EFFORTS TO IDENTIFY AND SECURE PROJECT STUDY AND IMPLEMENTATION FUNDING FROM LOCAL, STATE, AND FEDERAL TRANSPORTATION, RECREATION, PARK AND OPEN SPACE SOURCES WHEREAS , Marsh Creek Road is a major thoroughfare that connects Central Contra Costa County and East Contra Costa County and is the gateway to 110,000 acres of open space and recreational areas managed by the East Bay Regional Park - District , Contra Costa Water District, State Parks and other local jurisdictions ; and WHEREAS, once this trail and adjacent trails are completed , there will be a continuous non-motorized network in Eastern Contra Costa County , including this link, from Central Contr.a Costa County to the Delta; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road, in spite of the IC'lck of a bicycle path or dedicated lanes; and WHEREAS , in East Contra Costa County, the Marsh Creek Trail currently runs from the Big Break Regional Sho reline in the City of Oakley to the City of Brentwood's southern city limits, leaving a gap between that terminus and trails in Clayton ; and WHEREAS, Marsh Creek Road within the City of Clayton ("Clayton ") has an existing Class II bicycle lane, which connects to Clayton's extensive trail network into the City of Concord ("Concord") and Mount Diablo State Park; and WHEREAS, the completed multi-use trail would create a new, major non- motorized east-west thoroughfare for expanded and safer commuting and recreational opportunities; and WHEREAS, improved access to separated trails of the type proposed, are consistently shown to substantially increase use of non-motorized modes of travel relative to facilities in the shared roadway ; and WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated i n the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan and be constructed in a sensitive manner that reflects the scenic and natural resources of the area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch does hereby support the exploration of the Marsh Creek Multi-Use Trail concept that would connect the Delta to Mount Diablo and neighboring communities; and December 5, 2017 Conta Costa County Board of Supervisors Minutes 778 supporting efforts to identify and secure project study and implem e ntation funding from local , state , and federal transportation , recreation , park and open space sources . * * * * * * * I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 25th day of October 2016, by the following vote : AYES : Council Members Wilson , Ogorchock , Tiscareno, Ro c ha and Mayor Harper NOES: None ABSENT : None 4~·- ARNE SIMONSEN CITY CLERK OF TH E CrfY OF ANTIOCH December 5, 2017 Conta Costa County Board of Supervisors Minutes 779 RESOLUTION NO. 2016-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD SUPPORTING THE EXPLORATION OF THE MARSH CREEK MULTI-USE TRAIL CONCEPT THAT WOULD CONNECT THE DELTA TO MOUNT DIABLO AND NEIGHBORING COMMUNITIES; AND SUPPORTING EFFORTS TO IDENTIFY AND SECURE PROJECT STUDY AND IMPLEMENTATION FUNDING FROM LOCAL, STATE, AND FEDERAL TRANSPORTATION, RECREATION, PARK AND OPEN SPACE SOURCES. WHEREAS, Marsh Creek Road is a major thoroughfare that connects Central Contra Costa County and East Contra Costa County and is the gateway to 110,000 acres of open space and recreational areas manageq by the East Bay Regional Park District, Contra Costa Water District , State Parks and other local jurisdictions ; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road , in spite of the lack of a bicycle path or a dedicated lane; and WHEREAS, Marsh Creek Road within the City of Clayton ("Clayton ") has an existing Class II bicycle lane , which connects to Clayton 's extensive trail network into the City of Concord ("Concord ") and Mount Diablo State Park ; and WHEREAS, in East Contra Costa County , the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in the City of Oakley ("Oakley ") to the City of Brentwood 's ("Brentwood ") southern city limits , leaving a gap between that terminus and trails in Clayton ; and WHEREAS, the completed multi-use trail would create a new major non-motorized east- west thoroughfare for expanded and safer commuting and recreational opportunities, would provide non-motorized access to Downtown Clayton, Diablo View Middle School , Mount Diablo State Park , Round Valley Regional Preserve , and the Marsh Creek Trail through the cities of Brentwood and Oakley ; and WHEREAS, once this trail and adjacent trails are completed , there will be one continuous non-motorized route from Central Contra Costa County to the Delta ; and WHEREAS, improved access to separated trails, of the type proposed , are consistently shown to substantially increase use of non-motorized modes of travel relative to facilities in the shared roadway ; and WHEREAS, co nstruction of the trail could be performed in con j unction with restoration of Marsh Creek , as anticipated in the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan and be constructed in a sensitive manner that reflects the scenic an d natural resources of the area . NOW, THER EFORE, BE IT RESOLVED that the City Council of the City of Brentwo od does hereby support t he exploration of the Marsh Creek Multi -Use Trail concept that would . connect the Delta to Mount Diablo and neighboring communities; and supporting efforts to identify a nd secure project study and implementation f unding from local, state , and federal t ra nsportation , re creation , park and open space sou rc es . · December 5, 2017 Conta Costa County Board of Supervisors Minutes 780 Page 2 of 2 Resoluti on No. 20 16-11 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meet ing held on the 23 rd day of August 2016 by the follow ing vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Barr, Bryant, Clare , Stonebarger, Taylor None None None . December 5, 2017 Conta Costa County Board of Supervisors Minutes 781 RESOLUTION NO. 46 -2016 A RESOLUTION SUPPORTING THE CONCEPT OF THE MARSH CREEK CORRIDOR MULTI-USE TRAIL CONNECTING THE DELTA SHORELINE WITH MOUNT DIABLO THE CITY COUNCIL City of Clayton, California WHEREAS, Marsh Creek Road is a major thoroughfare connecting Central and East Contra Costa County and is the gateway to 110,000 acres of open space ·and recreational areas managed by the East Bay Regional Park District, Contra Costa Water District, State Parks and other local jurisdictions; and WHEREAS, Marsh Creek Road has a significant number of bicycle trips without a bicycle path or dedicated lane; and WHEREAS, Marsh Creek Road within the City of Clayton has an existing Class II bicycle lane, which connects to Clayton's extensive trail network linking Concord and Mount Diablo State Park; and WHEREAS, in East Contra Costa County, the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in Oakley to the southern city limits of the City of Brentwood , leaving a gap between that terminus and trails in the City of Clayton; and WHEREAS, the Contra Costa Transportation Authority's Countywide Bicycle and Pedestrian Plan call for bicycle facilities along Marsh Creek Road; and WHEREAS , the completed multi-use trail would create a new major non- motorized east-west thoroughfare for expanded and safer commuting and recreational opportunities, would provide non-motorized access to Downtown Clayton, Diablo View Middle School, Mount Diablo State Park, Round Valley Regional Preserve, and the Marsh Creek Trail through Brentwood and Oakley; and WHEREAS, once this trail and adjacent trails are completed , there will be one continuous non-motorized route from Central Contra Costa County to the Delta shoreline; and WHEREAS, improved access to separated trails, of the type proposed, are consistently shown to substantially increase use of non-motorized modes of travel relative to facilities in the shared roadway; and Resolution 46 -2016 Page 1 of 3 July 19, 2016 December 5, 2017 Conta Costa County Board of Supervisors Minutes 782 WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County Habitat Conservation Plan I Natural Community Conservation Plan and be constructed in a sensitive manner that reflects the scenic and natural resources of the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CLAYTON, CALIFORNIA THAT: SECTION 1. The City Council does hereby find and affirm the above noted Recitals are true and correct are hereby incorporated in the body of this Resolution as if restated in full. SECTION 2. The City Council does hereby support exploration of the concept of the Marsh Creek Multi-Use Trial, and will support efforts to identify and secure funding for this project, including the study and potential implementation, in local, state, and federal transportation, recreation , park, and open space funding efforts. PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on 19th day of July 2016, by the following vote: AYES: Mayor Geller, Vice Mayor Diaz, Councilmembers Haydon and Pierce. NOES: None. ABSENT: Council member Shuey. ABSTAIN: None. CLAYTON, CA ATTEST: J ~~w~rk Resolution 46-2016 Page 2 of 3 July 19, 2016 December 5, 2017 Conta Costa County Board of Supervisors Minutes 783 I hereby certify that the foregoing Resolution was duly adopted and passed by the City Council of Clayton, California at a regular public meeting thereof held on July 19, 2016. Resolution 46-2016 Page 3 of 3 July 19, 2016 December 5, 2017 Conta Costa County Board of Supervisors Minutes 784 RESOLUTION NO. 153-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY SUPPORTING THE EXPLORATION OF THE MARSH CREEK MULTI-USE TRAIL CONCEPT THAT COULD CONNECT THE DELTA TO MOUNT DIABLO AND NEIGHBORING COMMUNITIES; AND SUPPORTING EFFORTS TO IDENTIFY AND SECURE PROJECT STUDY AND IMPLEMENTATION FUNDING FROM LOCAL, STATE, AND FEDERAL TRANSPORTATION, RECREATION, PARK AND OPEN SPACE SOURCES WHEREAS, Marsh Creek Road is a major thoroughfare that connects Central Contra Costa County and East Contra Costa County, and is the gateway to 110,000 acres of open space and recreational areas managed by the East Bay Regional Park District , Contra Costa Water District, State Parks and other local ju risdictions ; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road , in spite of the lack of a bicycle path or a dedicated lane; and WHEREAS, Marsh Creek Road within the City of Clayton ("Clayton ") has an existing Class II bicycle lane, which connects to Clayton's extensive trail network into the City of Concord ("Concord ") and Mount Diablo State Park; and WHEREAS, in East Contra Costa County , the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in the City of Oakley ("Oakley") to the City of Brentwood 's ("Brentwood ") southern city limits , leaving a gap between that terminus and trails in Clayton ; and WHEREAS, the completed multi-use trail would create a new major non-motorized east-west thoroughfare for expanded and safer commuting and recreational opportunities, would provide non-motorized access to Downtown Clayton , Diablo View Middle School, Mount Diablo State Park, Round Valley Reg ional Preserve , and the Marsh Creek Trial through the cities of Brentwood and Oakley; and WHEREAS, once this trail and adjacent trails are completed , there will be one continuous non-motorized route from Central Contra Costa County to the Delta ; and WHEREAS, improved access to separated trails, of the type proposed , are consistently shown to substantially increase use of non-motorized modes of travel relative to facilities in the shared roadway; and WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek , as anticipated in the East Cont ra Costa County Habitat Conservation Plan/Natural Community Conservation Plan and be constructed in a sensitive manner that reflects the scenic and natural resources of the area . Resolution No . 153-16 Page 1 of 2 December 5, 2017 Conta Costa County Board of Supervisors Minutes 785 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley does hereby support the exploration of the Marsh Creek Multi-Use Trail concept that would connect the Delta to Mount Diablo and neighboring communities ; and supporting efforts to identify and secure project study and implementation funding from local , state, and federal transportation , recreation, park and open space sources . PASSED, APPROVED AND ADOPTED by the City Council of the City of Oakley at a regular meeting held on the 11 1h day of October, 2016 by the following vote : AYES : Hardcastle , Higgins, Perry, Pope, Romick NOES: ABSENT: ABSTENTIONS : I ATTEST : ez__. Libby Vreonis, City Clerk Date Resolution No. 153-16 Page 2 of 2 December 5, 2017 Conta Costa County Board of Supervisors Minutes 786 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/1212016 by tbe following vote: John Gioia Candace Andersen ~ AYE: /5 ___ j Mary N. Piepho NO: [ _ _j ABSENT: L __ -l ABSTAIN: [ _. RECUSE: [ _j Karen Mitchoff Federal D. Glover Resolution No. 20161326 RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS SUPPORTING THE CONCEPT OF A MARSH CREEK CORRIDOR MULTI-USE TRAIL THAT CONNECTS THE DELTA TO MOUNT DIABLO AND NEIGHBORING COMMUNITIES WHEREAS, Marsh Creek Road is a major thoroughfare that connects Central Contra Costa County and East Contra Costa County and is the gateway to 110,000 acres of open space and recreational areas managed by the East Bay Regional Park District, Contra Costa Water District, State Parks and other local jurisdictions; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road, in spite of the lack of a bicycle path or a dedicated lane; and WHEREAS, Marsh Creek Road within Clayton has an existing Class II bicycle lane, which connects to Clayton's extensive trail network into Concord and Mount Diablo State Park; and WHEREAS, in East Contra Costa County, the Marsh Creek Trail currently runs from the Big Br~~_E.,egional Shoreline in Oakley to the southern city limits of the City of Brentwood, leaving a gap between that terminus and trails in the City of Clayton; and WHEREAS, the completed multi-use trail would create a new major non-motorized east-west thoroughfare for expanded and safer commuting and recreational opportunities, would provide non-motorized access to Downtown Clayton, Diablo View Middle School, Mount Diablo State Park, Round Valley Regional Preserve, and the Marsh Creek Trail through Brentwood and Oakley; and WHEREAS, once this trail and adjacent trails are completed, there will be one continuous non-motorized route from Central Contra Costa County to the Delta; and WHEREAS, improved access to separated trails, of the type proposed, are consistently shown to substantially increase use of non-motorized modes of travel relative to facilities in the shared roadway; and WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County Habitat Conservation Plan I Natural Community Conservation Plan and be constructed in a sensitive manner that reflects the scenic and natural resources of the area. NOW, THEREFORE, BE IT RESOLVED that the CONTRA COSTA COUNTY BOARD OF SUPERVISORS will support exploration of the concept of the Marsh Creek Corridor Multi-Use Trail, and will support efforts to identify and secure funding for this project, including study and potential implementation, in local, state, and federal transportation, recreation, park and open space funding efforts. __ -~ __ I hereby certify that thls is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: John Cunningham (925) 674-7833 ATIESTED: April 12,2016 December 5, 2017Conta Costa County Board of Supervisors Minutes787 VascoR dMa r s h C re ek R d C a m i n o Diablo CaminoTassajaraC a min o Tassajara Walnut Blvd ClaytonRd Dam RdSanPa b lo K irkerP a s s R dRailroadAveStoneValleyRdMo r a g a W ay Rheem Blvd MoragaRdE Cypress Rd Balfour Rd Marsh Creek Rd Lone Tree Way By r o n Hwy Wilbur Ave Mor ganTer rit or y Rd Highland Rd C ro w C a n y o n R d B o llingerC a n y on R d BlackhawkRdStMarysRdOlympic M t D i a b l o B l v d Cutting Blvd Arlingto nBlvdSanPabloAveRichmondGarrard BlvdParkway23rdStC as tro R a n c h R d Happy Valley R d A lh a mbra Valley Rd R elie z Val l ey RdAlhamb r a Av eY g n a c io ValleyR d T re a tB lv dPortChicagoHwy W illowPassRdBaileyRdGeary Rd OakGr oveRdPacheco Blvd W a t e r f r o n t R d Buchanan Rd Willow Pass Rd E 18th St ContraCostaBlvdSunset Rd Chestnut St MacDonald Ave Cummi ng s S k y w ay DeerValleyRdStat eRout e4BypassBearC r eekRdTaylo r B lvdS anPabl oAveDa n v ill e Bl v d A ppianW a y JohnMuir Pa r k w a yParkerAve Oak Park Blvd Blvd Ti ceValleyB lv d Balfour Rd State Route 4 State Route 4Byron HwyKnightsenAveBethelIslandRdGateway Rd EdenPlainsRdV a s c o RdDelta Rd Willow Pass Rd Center Ave Bancr of t RdP i n e h u r st R d Rudgear Rd L iv o r n a Rd N o r r isC a n y o n Rd ·|}þ242 ·|}þ160 ¥§¦580 ·|}þ42 ·|}þ4 456J4 ¥§¦680 ·|}þ4 ·|}þ4 ·|}þ4 ¥§¦80 ¥§¦80 ¥§¦680 ¥§¦680 05102.5 Miles 1:195,000 Bicycle Facilities Network I CONTRA COSTA COUNTY Map Created on June 22nd, 2010 Contra Costa County Department of Conservation & Development 651 Pine Street, 4th Floor - N. Wing, Martinez, CA 94553-0095 37:59:48.455N 122:06:35.384W Existing Class II Facilities Existing Class I Facilities Proposed Class II Facilities Proposed Class I Facilities Existing Class III Facilities Proposed Class III Facilities Freeways & Highways Major Roads SOURCE: Contra Costa Countywide Bicycle and Pedestrian Plan BART RailroadsDecember 5, 2017 Conta Costa County Board of Supervisors Minutes 788 I0I0I0I0IbIbIbIAIAIAIAIAIAIAIAIAIAIAIAIAIAIAIAIAIARichmondConcordAntiochHerculesDanvilleOakleyPinoleOrindaPittsburgLafayetteWalnutCreekMartinezBrentwoodSan RamonMoragaPleasantHillClaytonEl CerritoSan PabloSan Francisco BaySan Pablo BayCarquinez StraitS an P ablo ReservoirBrianes ReservoirLafayette ReservoirSACRAMENTOCOUNTYSOLANO COUNTYSANJOAQUINCOUNTYCONTRA COSTA COUNTYALAMEDACOUNTYSANFRANCISCOCOUNTYSANMATEO COUNTYDiabloCreek GolfCourseLimeRidgeOpen SpaceWildcatCanyonRegional ParkSibleyVolcanicRegional PreserveBrianesRegionalParkCarquinezStrait RegionalShoreline ParkCarquinezStrait RegionalShoreline ParkLafayetteReservoirLas Juntas WayOakhurst DrLucille Ln Costa AveStoneman AveCenter AveMay RdPinon AveCondit RdSolari StCamino DiabloN Main StDevon Ave1st StCentral AveShamrock DrGarvin AveNeroly RdAlco sta B lv d Giant RdV illa ge P kw y Stanwell DrE ld e r w o o d D r Treat BlvdGrayson RdF is h R anch RdVine Hill WayLawrence WayRobert Miller Dr2nd StRheem BlvdCivic DrCummings S kw yParr BlvdOld Tunnel RdSunset StSan Pablo AveBliss AveS 37th StHarbour Way SSpringhill RdPaso Nogal RdN Parkside DrDenkinger RdCastro Ranch RdS B r o a d w a ySanta Maria WayArthur RdCutting BlvdManila AveSan Jose AveG r a n t S tG StB abel Ln El Cerro BlvdHillcrest AveEl Nido Ranch RdSyndicate AveCanal RdBollinger C an y o n RdMcavoy RdO a k G rov e R d6th StPine Hollow RdD anville BlvdCentral AveLivorna RdC a n a d a V a lle y R d Deer Hill RdChilpancingo PkwyWillow Pass RdMcbryde AveBailey RdS 2 3 rd S tArreba StBoyd RdPotrero AveMonument BlvdW alnut BlvdParker Av e Railroad AveS 2nd StP in e S t S Garrard BlvdRegatta BlvdMce w e n Rd E Cypress Rd23rd StHowe Rd6th StA StChestnut StMarket AveWithers Ave Chesley AveK ey Rou te Blvd M arsh Creek RdLoveridge RdA lh a m b r a W a yL StUpper Happy Valley R dDriftwood DrW ig e t L n C arlso n B lv d El Pintado RdBlume DrCastro StGeary RdRange RdH artz A ve3rd StWoodsworth LnConcord BlvdMount Diablo Scenic BlvdCleavel a n d R d Rumrill BlvdB u r t o n D r Diablo RdC o lu s a Av e Saranap A v e Richmond PkwyLa Gonda WayCamino TassajaraSpringbrook RdSalvio StS 56th StWalnut AveM arsh Creek RdArlington AveMohr LnDeerwood RdGlorietta BlvdP or t C hi c ago H w yPittsburg Antioch HwyArnold Industrial WayAppian WayCowell RdEl Capitan DrSellers AveD etro it A v e Cam ino PabloPrewett Ranch DrM arin a B a y P kw y D a v o n a D r N Gate Rd6th St3rd StRudgear RdW 18th StHappy Valley R dViking DrEl Portal D rPinehurst RdVa lle y V iew RdCastle Hill RdDainty AveOak RdMoraga BlvdPacheco B lv d Marsh DrAcalanes RdRiverside DrLeland AvePomona StRohrer DrTaylor BlvdHarbor WaySunset RdCamino TassajaraWest StMarchba n k s D rBlackhawk RdManor RdBuchanan RdMarshall DrConcord AveBrook StPinole Valley RdJames Donlon BlvdMoraga WayW Leland RdCumberland StMeade StHamlin RdCarquinez Scenic DrOlivera RdNicholas DrT ro tt e r Wa yWillow Pass RdSt Marys RdCountry Hills DrW illo w AveMoraga RdR eliez Valley RdStone Valley RdW Country Club DrBarrett AveMorello AveMontevideo DrS t a t e H ig h w a y 4 B y p Tice Valley BlvdPacifica AveAyers RdGreen Valley RdC o u rt S tMariners Cove DrMendocino DrHarbor StFilbert StNevin AveB yron H wy F e rry S tWall AvePle asant Hill Rd Moeser LnConcord AveSunshine DrPresidio DrS olano WayEscobar StChevron WayParaiso DrW 9th StHighland RdSycamore DrBuena Vista AveN avellier S tHidden Valle y RdE Olivera RdAlhambra Valley RdC a m in o R a m o nBalfour RdEmeric AveN o r t o n v i l l e R dRiverview Dr24th StEvora RdW ests id e D r Port Chicago HwyK e y B lv d Ygnacio Valley RdOak Park BlvdFitzgerald DrFarm Bu re a u R dCrestview DrSolari AveOlive DrDapplegray LnMarket StMarina WayKirker Pass RdS 51st StBoulevard WayWalnut BlvdMt Zion DrL a n d a n a D r Bear Creek RdB r o a d m o o r D rBixler RdCentury BlvdEllinwood DrE as t S t Mayhew Way3rd StCrow Canyon RdBluerock DrB ren tw o o d B lv d Clayton RdWilbur AveStone RdCam ino DiabloMt Diablo BlvdOlympic BlvdByron HwyW 4th StW 8th StPatterson BlvdDavid AveC o lfa x S tS ta g e C o a c h R d 3rd StW Cypress RdLa Casa ViaA rlin gto n B lv d G a lin d o S tHilltop Dr18th StGrizzly Peak BlvdAtlas RdBethel Island RdSunnyvale AveCanyon RdB a ncro ft R dN S an C a rlo s D rBarry Hill RdOhara AveRheem AveB is h o p D r Homest e a d AveJoan AveContra Costa BlvdDelta RdSt Regis AveBridgehead RdParkside DrArnold DrMiranda AveSaint Marys RdSan Ramon Valley Blvd1 StS a n R a m o n V a lle y B lv dDavison DrMonarch Rd2 n d S tGolf Club RdP a lm e r R dOakley RdPine Valley RdC am in o P a blo Bayberry AveContra Loma BlvdMahogan y W a y Marina Way SGarrard BlvdS W illow RdDeer Valley RdAlberta Way2nd StHeidorn Ranch RdGlacier DrGregory LnE Leland RdEmpire AveAtlantic AveNorris Canyon RdCenter AveA lh a m bra AveC anal BlvdHarbour WayMarina Vista AveS a n P a b l o A v e 37th StHookston RdClinton Ave26th StLaurel RdE Tregallas RdMaricopa AveMuir RdAlbion RdW 10th StFranklin C a n y o n Rd Lincoln AveBrookside DrM e r rie w o o d D r 22nd StCanon DrN Willow R d Sundown TerE v e re tt S tA m a d o r S t W ild c a t C reek TrailS a n L u is S tOrchard LnC la yton R d Central BlvdC astle R o ck R d R ic h m o n d StWaterfront RdSycamore AveD ia m o n d B lv d Mitchell Canyon RdWild Horse RdMinaker DrA l b e m a r l e S t A shbury A veLone Tree WayFairview AveMachado LnSycamore Valley Rd WMesa Ridge DrSan Marcos AveJersey Island RdDallas Ranch RdDelta Fair BlvdE 18th StN Giant H w yW Willow R d S M a i n St Fostoria WayN Castro StWhitman RdCarpenter RdW Gertrude AveSomersville RdW Ohio AveStanley BlvdPiper RdM a rin a B lv d Balfour RdSellers AveGateway RdCarey DrWindemere PkwyLene ve P lRefugio Valley RdMarsh Creek RdFrederickson LnS a n P a b lo D a m R d Longwell AveDou g h e rty Rd C r o c k e tt B lvdLevee RdBollinger C y nEmpire Mine RdDutch Slough RdBriones Valley RdCanal RdFigure 1: Countywide Bikeway NetworkThe existing and proposed bicycle facilities on this map reflect the plans adopted by local and regional agencies within Contra Costa County.££¤^580££¤^80££¤^80ÄÄÅ4££¤^680ÄÄÅ242££¤^680ÄÄÅ4ÄÄÅ24Contra Costa Countywide Bicycle and Pedestrian Plan, 2009JLEGEND CCC Bikeway NetworkBART FacilitiesBART StationBART RouteIAPark-and-RideI0Transit Centerp¤Rail StationFuture eBART StationDowntown\Town CenterCity LimitsCounty BoundaryFuture eBARTExisting FacilitiesProposed FacilitiesBay Area Ridge TrailParkDecember 5, 2017Conta Costa County Board of Supervisors Minutes789 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: 2016 -06 -160 June 21,2016 RESOLUTION TO SUPPORT CONTRA COSTA COUNTY'S LEADERSHIP ON THE CONCEPT OF A MARSH CREEK CORRIDOR MULTI-USE TRAIL WHEREAS, Marsh Creek Road is a major thoroughfare which connects Central Contra Costa County and East Contra Costa County; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road despite the narrow and serpentine character of the corridor; and WHEREAS, a separate, multi-use trail would create a new non-motorized east-west thoroughfare for expanded and safer commuting and recreational opportunities; and WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County Habitat Conservation Plan I Natural Community Conservation Plan; and WHEREAS, the trail would connect Big Break Regional Shoreline to Round Valley Regional Preserve; and WHEREAS, although the District currently has no funding committed to this project, support of the concept is consistent with previous Green Transportation efforts. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support Contra Costa County's leadership on the concept of a Marsh Creek corridor multi-use trail; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution . Moved by Director Burgis, seconded by Director Wieskamp, and adopted this 21st day of June, 2016 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi , Ayn Wieskamp. None. None . None. ("'"'., 0 '&7 /:;;t~ Doug S1den, Board President CERTIACATION I, Yolande Barlal Knight, Clerk of the Board of Directors of the East Bay Regional Park District, do hereby certify that the above and foregoing Is a full, true and correct copy of Resolution No . ZOt{l· Ofo ·lll 0 adopted by the Board of Directors .. b egular "0;_"9 ~# on dUtlt' Zj . 2QJ~ dJ 'JJ{I, ~' December 5, 2017 Conta Costa County Board of Supervisors Minutes 790 Board of Directors Scott Hei n, President Burt Bassler, Treasurer A mara Morrison, Secretary Heath Bartosh Joe Can ciami lla John Gallagher Liz Ha rvey Cl audia Hein Bob Marx Sue Ohanian Malcolm Sproul Jeff Stone Staff Ted Clement Execulil'e Director Seth Adams Land Conservation Director MoniCaOei Financt Director Meredith Hendricks Land Programs Director Deborah Toll Wh1te Development Direc tor Karen Ferriere Assistant Deutlopment Direc tor Caleb Castle Co mmunications ,vrarwger Ju an Pablo Ga lvan Land Use Manager Dana Halpin General Office .\lanager George Phill ips Land Consen·a tion Manag er Jim Cart an Stewards/rip & Outreach Coordinator Hidemi Crosse Bookkeeper Shanno n Grover D~velopment Associate Knsten Noe Developmen t Associate October 3, 2016 John Kopchik, Director Department of Conservation and Development Contra Costa County 30 Muir Road Martinez, CA 94553 Dear John: Save Mount Diablo supports the development of the Marsh Creek Corridor Multi-Use Trail as a tool for protecting land that provides important habitat and for improving connectivity to open space. The completed trail will not only provide a safe non- motorized route between Clayton and Brentwood for bicyclists, pedestrians and equestrians-it will give local residents and tourists alike more ready access to the 110,000 acres of open space contiguous to Marsh Creek that is managed by the East Bay Regional Park District, Contra Costa Water District, State Parks, and other organizations including Save Mount Diablo. Additional potential trail connections through Concord and Oakley give this regional trail project the potential to be an extremely significant public benefit. As a local, nonprofit land conservation organization, Save Mount Diablo works to preserve, defend and restore land on and around the mountain for all to enjoy. We believe our role in the project is to ensure natural resource protection is a central value of the design princi pals , habitat is protected during the planning and construction of the trail, and to help optimize the trail's eventual use through thoughtful design. It is our hope that construction of the trail will be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan, and be constructed in a manner that reflects the scenic and natural resources of the area . Save Mount Diablo looks forward to further participation in the planning process and hopes you will call upon us for information and assistance as the need arises . Best regards, '/Jf ?71 Meredifh Hendricks Director of Land Programs 190 1 Olymp ic Bl vd .,# 320, W a ln ut C r eek, CA 94 5 96 • T (92 5 ) 947 -3535 • Sa veMountD iabl o.org • Tax ID # 94-26817 3 5 December 5, 2017 Conta Costa County Board of Supervisors Minutes 791 Resolution No: 2015-02 RESOLUTION OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY SUPPORTING THE CONCEPT OF A MARSH CREEK CORRIDOR MULTI-USE TRAIL THAT CONNECTS THE DELTA TO MOUNT DIABLO AND NEIGHBORING C01vli\IDNITIES WHEREAS, Marsh Creek Road is a major thoroughfare that connects Central Contra Costa County and East Contra Costa County and is the gateway to 110,000 acres of open space and recreational areas managed by the East Bay Regional Park District, Contra Costa Water District, State Parks and other local jurisdictions; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road, in spite of the lack of a bicycle path or a dedicated lane; and WHEREAS, Marsh Creek Road within Clayton has an existing Class II bicycle lane, which connects to Clayton's extensive trail network into Concord and Mount Diablo State Park; and WHEREAS, in East Contra Costa County, the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in Oakley to the southern city limits of the City of Brentwood, leaving a gap between that terminus and trails in the City of Clayton; and WHEREAS, the completed multi-use trail would create a new major non-motorized east- west thoroughfare for expanded commuting or recreational opportunities, would provide non- motorized access to Downtown Clayton, Diablo View Middle School, Mount Diablo State Park, Round Valley Regional Preserve, and the Marsh Creek Trail through Brentwood and Oakley; and WHEREAS, once this trail and adjacent trails are completed, there will be one continuous non-motorized route from Central Contra Costa County to the Delta; and WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County HCP/NCCP, and be constructed in a sensitive manner that reflects the scenic and natural resources of the area. NOW, THEREFORE, BE IT RESOLVED that the East Contra Costa County Habitat Conservancy will advocate for support and funding for the Marsh Creek Corridor Multi-Use Trail, including study and potential implementation, in local, state, and federal transportation, recreation, park and open space funding efforts. Approved by the following vote on August 24,2015. Ayes: Noes: Abstain: Absent: Bryant, Evola, Haydon, Piepho and Pope None None 1 /~ /~. / Attest: ~t:-' -,..L~-=-r-t---cf-=~-"'----~-=::;...._·-------- ASfgailFatJtilah, Executive Director December 5, 2017 Conta Costa County Board of Supervisors Minutes 792 Resolution No: 2015-02 RESOLUTION OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY SUPPORTING THE CONCEPT OF A MARSH CREEK CORRIDOR MULTI-USE TRAIL THAT CONNECTS THE DELTA TO MOUNT DIABLO AND NEIGHBORING C01vli\1UNITIES WHEREAS, Marsh Creek Road is a major thoroughfare that connects Central Contra Costa County and East Contra Costa County and is the gateway to 110,000 acres of open space and recreational areas managed by the East Bay Regional Park District, Contra Costa Water District, State Parks and other local jurisdictions; and WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road, in spite of the lack of a bicycle path or a dedicated lane; and WHEREAS, Marsh Creek Road within Clayton has an existing Class II bicycle lane, which connects to Clayton's extensive trail network into Concord and Mount Diablo State Park; and WHEREAS, in East Contra Costa County, the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in Oakley to the southern city limits of the City of Brentwood, leaving a gap between that terminus and trails in the City of Clayton; and WHEREAS, the completed multi-use trail would create a new major non-motorized east- west thoroughfare for expanded commuting or recreational opportunities, would provide non- motorized access to Downtown Clayton, Diablo View Middle School, Mount Diablo State Park, Round Valley Regional Preserve, and the Marsh Creek Trail through Brentwood and Oakley; and WHEREAS, once this trail and adjacent trails are completed, there will be one continuous non-motorized route from Central Contra Costa County to the Delta; and WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County HCP/NCCP, and be constructed in a sensitive manner that reflects the scenic and natural resources of the area. NOW, THEREFORE, BE IT RESOLVED that the East Contra Costa County Habitat Conservancy will advocate for support and funding for the Marsh Creek Corridor Multi-Use Trail, including study and potential implementation, in local, state, and federal transportation, recreation, park and open space funding efforts. Approved by the following vote on August 24,2015. Ayes: Noes: Abstain: Absent: Bryant, Evola, Haydon, Piepho and Pope None December 5, 2017 Conta Costa County Board of Supervisors Minutes 793 G:\Transportation\R. Sarmiento\Assignments\Marsh Creek Corridor Multi‐Use Trail\Marsh Creek Corridor Multi‐Use Trail (4‐6‐16).docx    MARSH CREEK CORRIDOR MULTI‐USE TRAIL  CONCEPT FOR EXPANDED CONNECTIVITY: DELTA SHORELINE TO MOUNT DIABLO    Project Description: Develop an approximately 15‐mile long multi‐use trail through the Marsh Creek Corridor on or near  Marsh Creek Road between the City of Clayton and the City of Brentwood. Once this trail and adjacent trails are  completed, there will be one continuous non‐motorized route from Concord to Mount Diablo that ultimately continues to  the shoreline of the Delta in Oakley.  Background: Marsh Creek Road is a major thoroughfare that connects Central and East Contra Costa County. This stretch  of Marsh Creek Road where a trail is proposed receives up to 10,000 average vehicle trips a day. The western segment of  Marsh Creek Road carries a higher volume of commuters on average each day due to its proximity to the City of Clayton  while the eastern segment near Round Valley Regional Preserve (Deer Valley Road) receives significantly fewer average  daily vehicle trips. Marsh Creek Road is the gateway to 110,000 acres of open space and recreational areas managed by  the East Bay Regional Park District, Contra Costa Water District, State Parks, and other organizations. A significant number  of bicycle trips take place on Marsh Creek Road, in spite of the lack of a bicycle path or designated lane. Marsh Creek Road  within Clayton has an existing Class II bicycle lane, which connects to Clayton’s extensive trail network. In East Contra Costa  County, the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in Oakley to the southern city limits of  the City of Brentwood.  The East Bay Regional Park District plans to extend the Marsh Creek Trail through the City of  Brentwood to the Round Valley Regional Preserve. After that section is completed, a gap in the multi‐use trail would still  exist between Round Valley Regional Preserve and the City of Clayton.  Benefits: The completed multi‐use trail will create a new major non‐motorized east‐west thoroughfare for expanded  commuting and recreational opportunities. It will provide access to downtown Clayton, Diablo View Middle School, Mount  Diablo State Park, Round Valley Regional Preserve, and the existing Marsh Creek Trail in Brentwood and Oakley. Once this  trail is completed, there will be one continuous trail from Concord to the Delta shoreline in Oakley that can accommodate  various forms of non‐motorized travel, including pedestrians, bicyclists, and equestrians. Various trail alignment options  are available that allow for flexible design opportunities. These include potential alignments that follow the creek, the road  or separate the trail entirely to follow safer and more user‐friendly routes. Construction of the trail could be performed in  conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County Habitat Conservation Plan  /Natural Community Conservation Plan, and be constructed in a manner that reflects the scenic and natural resources of  the area.  Policies: Both the County’s General Plan and the Contra Costa Transportation Authority’s Countywide Bicycle and  Pedestrian Plan call for bicycle facilities along Marsh Creek Road.   Funding Opportunities: A number federal, state, and local funding opportunities exist to support the planning, additional  ROW acquisition, and construction of the Marsh Creek Trail.  Local agencies in Contra Costa County have an additional  opportunity to generate secure local funding by including the Marsh Creek Trail as a project in the upcoming proposed  augmentation of the county‐wide transportation sales tax.  Cost: TBD  Cyclist on Marsh Creek Road Marsh Creek Corridor View of multi‐use trail Photo Credit: Scott Hein  December 5, 2017 Conta Costa County Board of Supervisors Minutes 794 Mt DiabloState Park Round ValleyRegional Preserve Marsh CreekState Park EBRPDLand Bank Mars h C r e e k R d ÄÅ4 Black DiamondMinesRegionalPreserve CCWD CCWD EBRPDLand Bank Los VaquerosWatershed LandMorgan TerritoryRegional Park Marsh CreekRegional Trail Proposed Marsh Creek Regional Trail ClaytonTrailsExisting Brentwood AntiochClayton Mar s h C r e e k Marsh Creek Corridor Multi-Use Trail Study Area 0 10.5 Miles N Area of Detail December 5, 2017 Conta Costa County Board of Supervisors Minutes 795 1 Request for Proposals Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study Funded by a Contra Costa Livable Communities Trust Fund (or Caltrans Priority Conservation Grant, if awarded), Restoration Planning Funds, Road/Gas Tax Funds Lead Agency  Contra Costa County Partner Agencies  Cities of Antioch Brentwood, Oakley Clayton, East Bay Regional Park District, Contra Costa Transportation Authority, Save Mount Diablo Project location  City of Clayton to the Round Valley Regional Preserve Areas of expertise needed:  Bicycle and pedestrian planning and facility design with specific, significant experience in intersection design  Public Outreach  Streetscape/landscape design  Traffic Engineering  GIS/Mapping  Complete streets experience  Environmental survey/scan  Non-motorized travel demand forecasting Potential Interviews with some or all proposing firms  Early 2018 Project start date:  Early 2018 Proposals Due: 12 Noon (PDT) on [DAY], [DATE] 2018. Submittals will not be accepted after that time. Contra Costa County staff will begin contract negotiations with the firm determined to be the most qualified. In the event that a contract cannot be negotiated with the first firm, Contra Costa County reserves the right to negotiate with the next qualified firm(s) until a contract can be reached. Project Contact Information: Jamar Stamps, AICP, Senior Planner Contra Costa County Department of Conservation & Development 30 Muir Road, 2nd Floor Martinez, CA 94553 Phone (925) 674-7832 jamar.stamps@dcd.cccounty.us file: Transportation > Highways > County Roads > Marsh Creek Road g:\transportation\r. sarmiento\assignments\marsh creek corridor multi-use trail\rfp-sow\draft mct rfp.docx December 5, 2017 Conta Costa County Board of Supervisors Minutes 796 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 2 Introduction The Contra Costa County Department of Conservation and Development is seeking a transportation planning/traffic engineering consultant firm to develop the Marsh Creek Corridor Multi-Use Trail Feasibility Study ("Study"). Marsh Creek Road is a major thoroughfare that connects Central County and East County. Currently, a significant number of bicycle trips take place on Marsh Creek Road, despite the lack of bicycle paths. Marsh Creek Road within Clayton has an existing Class II bicycle lane, which connects to Clayton’s extensive trail network. In East County, the Marsh Creek Trail currently runs from the Big Break Regional Shoreline in Oakley to the southern city limits of Brentwood. The East Bay Regional Park District plans to extend the Marsh Creek Trail from the Brentwood city limits along Marsh Creek Road to the Round Valley Regional Reserve. Project Description The proposed Marsh Creek multi-use trail would create a new major non-motorized east-west thoroughfare for expanded commuting or recreational opportunities. It would provide non- motorized access to Downtown Clayton, Diablo View Middle School, Mount Diablo, Round Valley Regional Reserve, and the existing Marsh Creek Trail through Brentwood and Oakley. The purpose of the path would be to provide a safe, useful and enjoyable transportation corridor for various forms of non-motorized travel, including pedestrian, equestrian and bicycle users (including serious bicycle enthusiasts), and the trail is proposed to be sized and designed to encourage use by these various sectors. Once this path and adjacent paths are completed, there will be one continuous non-motorized path from Downtown Concord to Oakley. The trail could possibly be located on the opposite side of the creek from the road, immediately adjacent to the road itself or some distance from the creek or the road in constrained areas. Construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County HCP/NCCP, and be constructed in a sensitive manner that reflects and respects the scenic, agricultural, and natural resources of the area. The following scope of services provides a detailed description of the activities that the consultant design team will perform to complete this initial screening phase of the Marsh Creek Trail project. This work plan reflects our best estimate for completing the tasks outlined by the Stakeholder Team (Contra Costa County, City of Clayton, City of Brentwood, City of Oakley, City of Antioch, East Bay Regional Park District, Save Mt. Diablo, State Parks, East Contra Costa Habitat Conservancy) and to advance the design of a preferred alternative. The scope of services below ensures the level of effort required to reach consensus on a preferred alternative and to develop a physical project definition. Project Objectives  Evaluate the potential for, and order of magnitude cost estimates for a non-motorized multi-modal trail connecting the terminus of the Marsh Creek Trial in the City Brentwood to the trail system in the City of Clayton with connections to Round Valley December 5, 2017 Conta Costa County Board of Supervisors Minutes 797 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 3 Regional Park, other State Park and Save Mt. Diablo parcels along the Marsh Creek Corridor, and Morgan Territory Road.  The preferred trail would be separated from the Marsh Creek Road and located adjacent to Marsh Creek where feasible.  Trail alignment should minimize impacts to private property and retain privacy for residences to the extent possible (without a qualifier “retain privacy” might be an impossible bar to meet).  The trail would be for bicycle, pedestrians, and equestrians (or other non-motorized travel).  Trail design should consider the trail being used for a commute alternative between East and Central Contra Costa County and for recreational purposes.  Trail design should reflect the rural nature of the corridor and use materials to blend in with surrounding features (i.e. retaining walls should be sculptured concrete to look like rock or wood)  [the addition of “concept” is meant to reduce this activity to a minimal investment] Consultant should develop design theme concept for trail  Trail design features should include interpretive panels that discuss the history and unique features of the corridor.  The following features should be considered in concept and included in the cost estimates but minimal actual design work should be completed in this early project development phase: o Trail should include directional signing for parks, cities, historical sites, connecting trails, etc. o Due to the length of the trail, consider water stations and restroom facilities, using existing park lands and staging areas where feasible. o Allow on-leash pets on trail where feasible o Provide picnic areas, destination spots, and benches or rest stops along the facility o Incorporate green design elements, sustainable design elements  Sensitive to habitat  Connections to publically accessible HCP, SMD, EB Parks, State Parks facilities.  Try to keep the trail focused in the Marsh Creek Road corridor  Consider safety of users (cell service/call boxes)  ADA accessible  Coordinate with restoration efforts for Marsh Creek  Consider facility design to accommodate the serious commute cyclists  Tie the trail into the EBRPD Class I Network  Consider wildlife crossings that would allow passage for wildlife between key conservation parcels and possible trail connection over road  Marsh Creek Big Bend property could be a potential staging area and connection to a north-south land conservation band  Identify phasing opportunities for project implementation  Address conflict of use issues December 5, 2017 Conta Costa County Board of Supervisors Minutes 798 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 4  Identify opportunities to direct mitigation funds to fund certain trail features such as habitat crossings  Identify financing plan  Apply best practices for designing of trail in sensitive areas  “Ag. Tourism” December 5, 2017 Conta Costa County Board of Supervisors Minutes 799 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 5 DRAFT Scope of Services Task One: Project Management Task 1.1: Project Initiation Activities The Consultant team will coordinate with the Stakeholder Team’s project manager to finalize the project work plan, schedule, task budgets, deliverables, project milestones, and meeting schedules. The Consultant team will initiate startup activities, including scheduling a kick-off meeting, affirming the project goals and objectives, confirming the extents of the study area, and identifying key stakeholders to begin the outreach process. Task 1.2: Meetings Consultant Team will attend regular coordination meetings either in-person or via conference call. Consultant Team will budget time for up to ten (10) in-person project team meetings with Stakeholder Team staff. We anticipate that sub-consultants will attend the kick-off meeting and up to two additional project team meetings throughout the process to develop the feasibility study. The project team meetings in Task 1 do not include the public outreach and stakeholder meetings and workshops (scoped separately in Task 3). Task 1.3: Project Management Support Consultant Team will lead the project management. Consultant Team will also assist the Stakeholder Team’s project manager in coordinating with Cities, State Parks, EBRPD, residents, other state and regional agencies, local stakeholders, and bicycle/pedestrian/equestrian advocacy organizations, environmental groups and utility providers. Consultant will also prepare a “Project Fact Sheet” that articulates the project goals, objectives, schedule and study area. The fact sheet will include a map showing the study area with major landmarks shown. The fact sheet will be made available to stakeholders and the public. Task One Deliverables:  A detailed work plan schedule with deliverables and key team meeting dates  Meeting agendas, meeting minutes and action items  Project Fact Sheet Task Two: Data Collection and Base Mapping Task 2.1: Review Available Plans and Data Consultant will obtain and review information on existing conditions, relevant transportation and bicycle/pedestrian/equestrian plans and policies, emerging best practices (w/examples of implementation), design standards, regulatory requirements, and unique opportunities and constraints. This task will include coordination with Stakeholder Team staff to seek information on existing infrastructure and design standards and to confirm engineering input and drawings required to support the project submissions. Information sought may be in the form of as-built December 5, 2017 Conta Costa County Board of Supervisors Minutes 800 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 6 drawings, right-of-way drawings, parcel maps, Geographic Information System (“GIS”) data, usage data (traffic counts, Strava Metro or the like) or reports. Task 2.2: Utility Coordination Consultant Team will coordinate with utility providers (PG&E, EBMUD, etc.) early during the design process to understand the potential for impacting utility infrastructure along the corridor. Consider planned or unplanned utility relocations of existing utilities and their cost implications during the early design stages. It is vitally important to understand the potential design constraints as early as possible during the design process. Consultant Team will also identify and map the location of water, wastewater, electrical, and phone utilities in order to locate potential trail facility sites such as restrooms, call boxes, drinking fountains, safety lighting, etc. Task 2.3: Aerial Survey Consultant will subcontract with a surveying firm to obtain an aerial photogrammetric map of the corridor to develop a topographic base map. Consultant will obtain natural color, vertical, stereo aerial photography of the project area using a precision, calibrated, cartographic camera equipped with a six-inch focal length lens and forward motion compensation. The photography will be taken at an altitude of 1,000 feet above the mean elevation of the terrain. Task 2.4: Base Mapping From the aerial imagery, Consultant will compile a digital planimetric map at a scale of 1" = 40' for the project area with one-foot contours. The aerial mapping will be done in California State Plan (NAD83 Zone 3) with a vertical datum of NAVD88. Create digitized break-lines and spot elevations to create a digital terrain model (“DTM”) and generate contours at a one-foot interval from the DTM. Consultant will also generate planimetric features—such as buildings, roads, fences, vegetation, trees, etc. The County will provide a Microstation file containing the assessor’s parcel lines for the project study area. For the project alternatives, the right-of-way lines will need to be resolved. Consultant will coordinate with the County Surveyor on these efforts. Consultant will also compile GIS data and develop mapping and visualization templates for the project. Task 2.5: Intersections and Access Points Consultant will identify and map existing road crossings, public lands, parks, driveways, etc. Inventory access points located within the corridor for possible vehicular, pedestrian, bicycle, wildlife crossings and equestrian access to and through the corridor. Task 2.6: Natural Inventory Consultant will identify and map adjacent or intersecting streams, significant natural features (creeks, ponds, rock outcroppings, wetlands, floodplains, etc., and existing vegetation and wildlife analysis (identify any species of concern or sensitive habitat areas in the project area Comment [SK1]: Need to ask County Surveyor to provide details of aerial survey requirements and format. Comment [SK2]: Need to ask County Surveyor to provide details of base mapping requirements and format. December 5, 2017 Conta Costa County Board of Supervisors Minutes 801 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 7 and/or the existence of aggressive, weedy species/major invasive plants). This data will inform order of magnitude project costing and fatal flaw identification. Task 2.7: Environmental Concerns Based on preliminary assessments, Consultant will determine the need for environmental assessment studies relative to toxic waste disposal or other environmental hazards. Task 2.8: Physical Inventory and Assessment of the Right of Way Consultant will prepare detailed mapping of the proposed trail corridor alignment at an appropriate scale. Consultant will perform office and field research to delineate major areas of concern. Consultant will prepare a physiographic analysis that shows the following:  The length, dimensions and right of way boundaries  Steep slopes  Topography  The composition of soils  Surrounding land use and ownership (public, private, etc.)  Erosion and drainage problems along the possible trail alignments Task Two Deliverables:  Aerial survey and base map  Engineering Existing Conditions memorandum (right-of-way constraints, environmentally sensitive areas, grading, utilities, etc.) Task Three: Public Outreach Consultant will lead the organization and scheduling of all public outreach activities with Stakeholder Team staff and local stakeholder and community groups, with support from sub- consultants to prepare materials and staff the meetings. We have included in this scope ten (10) outreach meetings, which would include a combination of stakeholder meetings and community workshops. Task 3.1 Stakeholder Meetings and Community Workshops For the ten outreach meetings, we will coordinate with Stakeholder Team staff to identify the appropriate stakeholders and the schedule of the meetings throughout the project schedule. We will utilize scheduled meetings with the City of Clayton and Brentwood and the regional planning committees of CCTA, TRANSPLAN and TRANSPAC, to communicate with both stakeholders and the public in a cost-effective way. We will schedule the majority of the stakeholder meetings early in the process to better understand the opportunities and constraints along the corridor. The stakeholder meetings could include (but are not limited to) the following: Contra Costa County, City of Clayton, City of Brentwood, City of Antioch, City of Oakley, East Bay Regional Park District, and State Parks and environmental groups such as Save Mt. Diablo and the East Contra Costa Habitat Conservancy and emergency Services including Comment [JS3]: Do we need this? December 5, 2017 Conta Costa County Board of Supervisors Minutes 802 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 8 CalFire. Non-governmental organizations such as bicycle and pedestrian advocacy groups and clubs: Bike East Bay, Delta Peddlers, etc. Consultant will hold community workshops after the initial alternatives development in Task 5. Task 3.2: Other Outreach The Consultant Team will update fact sheets, develop announcements, or update the Project website at key points. Task Three Deliverables:  Schedule of all public outreach activities with Stakeholder Team staff and local stakeholder and community groups.  Prepare materials and staff the meetings. Task Four: Transportation Analysis Consultant will conduct a multi-modal transportation analysis for the study corridor that will focus on traffic operations, safety, and bicycle, pedestrian and equestrian conditions. Consultant will structure the transportation analysis so that it can easily be adapted for any level of environmental analysis pursuant to the California Environmental Quality Act (“CEQA”) in later stages of the project. The transportation analysis will develop along with various stages of the project. Task 4.1: Traffic Data Collection Consultant will contract with a data collection firm to collect peak period intersection counts for two periods on one mid-week day (Tuesday, Wednesday, or Thursday) and hourly machine tube counts with vehicle classifications (using FHWA’s standard class types) for one seven day period to understand hourly volume profiles. We will coordinate with County staff to identify the peak periods for the intersection counts and to include the turning movement counts, vehicle classifications and pedestrian/bicycle flows. We anticipate the counts will occur during the morning (7-9 AM) and evening (4-6 PM) peak periods. [Staff will review this task to determine if it is needed at this phase of project development] Task 4.2: Transportation Assessment Consultant will complete a multimodal analysis of the corridor. Consultant will review land use plans and planned or proposed projects near the study area. Consultant will develop traffic forecasts (will these forecasts include bike/ped or just vehicular?) for the study area using the latest version of the CCTA regional travel demand model and information from the land use plans and pending projects. The analysis will include the following:  A summary of the overall transportation context and how Marsh Creek Road functions between Clayton and Brentwood.  Bicycle, Pedestrian and Equestrian assessment: these modes will be addressed by performing an inventory of existing facilities and documenting the following: the December 5, 2017 Conta Costa County Board of Supervisors Minutes 803 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 9 location of bike lanes, sidewalks, trails, crosswalks and push buttons and the width and condition of bike lanes, trials, and sidewalks; identify if there are gaps in the network; identify other impediments to cycling, horseback riding, and walking.  Accident analysis: Consultant will download ten years of vehicle incident records from the Statewide Integrated Traffic Records System (SWITRS) maintained by the California Highway Patrol (CHP). Consultant will plot the accident history, calculate accident rates, and compare them to comparable state highways. The accident history plot should have accidents categorized by modes of travel (bicycle, pedestrian, equestrian, and vehicle)  During the alternatives evaluation in Tasks 4 and 6, we will update the transportation analysis to reflect how any physical changes to Marsh Creek Road will affect vehicle traffic and safety. The transportation analysis will first address existing and Future Year “No Build” conditions, to set a baseline for the alternatives analysis. Consultant will update the transportation analysis as the project progresses from the alternatives analysis through the selection of a preferred alternative. Task Four Deliverables:  Transportation Analysis memorandum for existing and Future Year “No Build” conditions. This memorandum will focus on traffic operations along Marsh Creek Road.  Updated Transportation Analysis memorandum to reflect the alternatives developed in the following tasks. Task Five: Alternatives Development Task 5.1: Develop Project Alternative Concepts Consultant will lead the development of up to three project alternatives consistent with the defined project objectives. The desire is to have the trail alignment stay generally in the Marsh Creek Road Corridor. However, if necessary, the trail alignment may need to deviate from the immediate vicinity of the road to avoid cost and alignment constraints. The alternatives will consist of a range of configurations, including but not limited to:  Separated Class I facility.  Class IV Bikeway.  Combination of a Class I facility adjacent to Marsh Creek Road and separated from the road.  Combination of a Class I facility and Class II facility where constraints dictate. We will divide the corridor into segments to address site-specific constraints and design issues. We anticipate using the following segments: 1. City of Clayton to Morgan Territory Road 2. Terminus of Marsh Creek Trail in Brentwood to Round Valley Park Entrance December 5, 2017 Conta Costa County Board of Supervisors Minutes 804 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 10 3. Round Valley Park to Morgan Territory Road Task 5.2: Conceptual Plans of Alternatives Based on the early stakeholder outreach, the consultant team will refine the three alternatives and host an internal design charrette with Stakeholder Team. The Consultant Team will use this input to develop high-level conceptual plans for the three alternatives. The conceptual plans will reflect engineering design standards and basic right-of-way constraints, but will not represent detailed design. The alternatives will be shown in plan-view and will feature cross- sections at key locations along the corridor. Consultant will explore the possibility of incorporating the alternative designs into a 3D view or a kmz file for importing into Google Earth. The alternative concepts should identify:  Trail design that safely accommodates all user groups and design to separate trail users operating at different speeds.  Proposed location of trailheads and related facilities (restrooms, water, emergency telephone, lighting, parking, maintenance, etc.).  Areas for trail barriers and emergency access.  Areas needing natural buffers and/or screening and wildlife crossings.  Proposed linkages to parks and other trail systems or areas of interest.  Possible handicap access and required facilities.  Identify and prepare conceptual design for facilities required to restrict use of the trail.  Identify auxiliary facilities necessary to operate the trail and provide conceptual designs for these areas such as rest areas, parking facilities, fencing or buffer systems, drainage systems, emergency vehicle access, facilities that met the needs of persons with disabilities. Task 5.3: Develop Presentation Materials for Public Outreach Consultant will lead the development of public outreach materials for stakeholder and community workshops. Task Five Deliverables:  Three alternative project concepts  Conceptual plans for three alternatives  Presentation materials for public outreach Task Six: Alternatives Analysis Task 6.1: Detailed Alternatives Evaluation and Selection of a Preferred Alternative. Consultant will utilize a multi-criteria evaluation matrix to assess the three alternatives developed in Task 5. The matrix will consider a range of quantitative and qualitative performance measures including: the user benefits for cyclists, pedestrians, and equestrians, December 5, 2017 Conta Costa County Board of Supervisors Minutes 805 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 11 potential traffic impacts, the effect on access and safety for all travel modes, right-of-way impacts, utility impacts, constructability, potential environmental impacts, and cost. Consultant will update the Transportation Analysis memorandum. Consultant will also develop planning level cost estimates for each alternative to use in the evaluation. Environmental review will provide a high-level review of potential environmental “red flags” for the evaluation matrix. Based on the detailed alternatives analysis and the preliminary cost estimates, the Stakeholder Team and the Consultant will recommend a preferred alternative to advance to detailed design. (Should the consultant also identify project phasing?) Task 6.2: Preliminary Environmental Assessment Environmental Consultant will perform a preliminary environmental assessment of the preferred alternative to identify potential areas of focus under the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”). This preliminary assessment will consider the appropriate environmental documents (i.e., Mitigated Negative Declaration or Environmental Impact Report) and the necessary environmental analyses for the next phase of the project. Task Six Deliverables:  Detailed Alternatives Evaluation Matrix memorandum  Preliminary Environmental Assessment memorandum Task Seven: Feasibility Report Consultant will prepare a draft feasibility report that will incorporate all of the findings of the study through the alternatives analysis. We will submit the report to the Stakeholder Team staff for review and comment. Based on the comments received, Consultant will revise the report and submit a final version. Consultant will respond to comments and make any necessary revisions before submitting the final report. Task Seven Deliverables:  Final Feasibility Report December 5, 2017 Conta Costa County Board of Supervisors Minutes 806 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 12 Submission and Selection Process Interested consultants or teams are to submit responses in Acrobat format (*.pdf) to Jamar Stamps: jamar.stamps@dcd.cccounty.us with a copy to Anna Battagello Anna.Battagello@dcd.cccounty.us. Proposals Due: 12 Noon (PDT) on [DAY], [DATE] 2018. Submittals will not be accepted after that time. Minimum Submittal Requirements 1. A brief narrative describing the respondent’s understanding of the project’s central issues, needs and goals; 2. Discussion of the overall approach the firm with take to achieve study goals; 3. Brief discussion of how each task will be performed (proposers are free to suggest a different approach to the tasks, or a different sequence of tasks than was described earlier in this RFQ, along with a brief explanation of why the different approach is being suggested); 4. Task-by-task budget including hours for each staff person. If the firm is selected, the final budget will require the hourly rates and total cost for each team member; 5. A brief description of the firm(s) that constitute the team; 6. A brief description of the qualifications of team members who would be performing the work, their roles, their relevant experience and resumes (The relevant qualifications of team members that will be doing the bulk of the work should be highlighted and comprise the majority of the proposal. Principals of the involved firms may be listed but information that is provided should be reflective of their anticipated level of involvement in the project); 7. The name and contact information for all team members, highlight the local point of contact for the team; 8. Disadvantaged Business Enterprise (“DBE”) status, including name of certifying agency and contact person; and 9. Three references from projects similar to the subject study that involved the proposed team members. Other Restrictions/Requirements 1. The statements must be 12 pages maximum, excluding: cover sheet, table of contents, references, resumes and index sheets. Resumes included with the submittal shall not exceed one single-sided printed page per person listed in the table of organization. 2. Questions and communication regarding the project described in this RFP shall be directed solely to Jamar Stamps via email only: jamar.stamps@dcd.cccounty.us 3. Questions on this request will only be accepted until 12 Noon (PDT) on [DAY], [DATE] 2018. 4. Responses to questions will only be posted on the RFP/RFQ webpage: http://www.cccounty.us/Marsh_Creek_Trail_Study 5. Consultants must be prepared to initiate work immediately upon either award of contract or receipt of notice to proceed. Selection Criteria Representatives will score responses soon after the close of the response period from involved jurisdictions and departments. Responses will be evaluated according to the following criteria: December 5, 2017 Conta Costa County Board of Supervisors Minutes 807 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 13 1. How well the response demonstrates an understanding of the project and responsiveness to the content in the RFQ. (10 points maximum) 2. Consultants proposed approach to the Study. The Scope of Services is a draft; alternate approaches that are efficient with resources are welcome. (20 points maximum) 3. Relevant experience of team member spending the most amount of time on the project. (10 points maximum) 4. References and performance on similar projects where proposed team members had a substantial role. (10 points maximum) Interviews with proposing firms are an optional part of this selection process and will be conducted at the discretion of the selection team once the proposals are reviewed and scored. A consultant or team will be contacted shortly after the scoring and offered the contract. December 5, 2017 Conta Costa County Board of Supervisors Minutes 808 Contra Costa County Marsh Creek Corridor Multi-Use Trail Feasibility Study 14 Project Area December 5, 2017 Conta Costa County Board of Supervisors Minutes 809 RECOMMENDATION(S): ACCEPT the 2017 annual report of the Family and Human Services Committee that includes continuing twenty referrals to the 2018 Committee, as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact. This is an informational report. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377 and on December 11, 2017 the Board adopted Resolution Nos. 2011/497 and 2011/498, which require that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. This report fulfills this requirement for the Family and Human Services Committee. On November 13, 2017 the Family and Human Services Committee accepted the attached staff report regarding the 2017 referrals the Committee received reports on and/or made APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 99 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:December 5, 2017 Contra Costa County Subject:2017 Family and Human Services Annual Report December 5, 2017 Conta Costa County Board of Supervisors Minutes 810 BACKGROUND: (CONT'D) recommendations to the Board of Supervisors. Additionally, the Committee approved continuing twenty referrals to the 2018 Family and Human Services Committee as specified in the attached staff report. CONSEQUENCE OF NEGATIVE ACTION: The Board will not receive the annual report from the Family and Human Services Committee. ATTACHMENTS 2017 Staff Report on F&HS Referrals December 5, 2017 Conta Costa County Board of Supervisors Minutes 811 County of Contra Costa OFFICE OF THE COUNTY ADMINISTRATOR MEMORANDUM DATE: November 13, 2017 TO: Family and Human Services Committee Supervisor John Gioia, Chair Supervisor Candace Andersen, Vice Chair FROM: Enid Mendoza, Senior Deputy County Administrator SUBJECT: 2017 YEAR-END REPORT ON FAMILY AND HUMAN SERVICES COMMITTEE REFERRAL ITEMS _________________________________________________________________________ RECOMMENDATION(S): I. ACKNOWLEDGE that the Board of Supervisors carried over the following twenty- four referrals from the 2016 Family and Human Services (F&HS) Committee to the 2017 F&HS referral calendar: a. Referral #5 – Continuum of Care Plan for the Homeless/Healthcare for the Homeless b. Referral #20 – Public Service Portion of the CDBG c. Referral #25 – Child Care Planning/Development Council Membership d. Referral #44 – Challenges for EHSD (Continuum of Care Reform) e. Referral #45 – Adult Protective Services and Challenges for Aged & Disabled Populations f. Referral #56 – East Bay Stand Downs for Homeless Veterans / Stand Down on the Delta g. Referral #61 – HIV Prevention/Needle Exchange Program h. Referral #78 – Community Services Bureau/Head Start Oversight i. Referral #81 – Local Child Care & Development Planning Council Activities j. Referral #82 – Secondhand Smoke Ordinance k. Referral #92 – Local Planning Council – Child Care Needs Assessment l. Referral #93 – Youth Services Report (formerly Independent Living Skills Program) m. Referral #101 – FACT Committee At-Large Appointments n. Referral #103 – SNAP/CalFresh (Food Stamp) Program o. Referral #107 – Laura’s Law p. Referral #108 – Call Center Oversight and the Health Care Reform Update q. Referral #109 – Workforce Innovation and Opportunity Act r. Referral #110 – Innovative Community Partnerships December 5, 2017 Conta Costa County Board of Supervisors Minutes 812 Page 2 of 4 s. Referral #111 – Human Trafficking – Update on Commercial Sexual Exploitation of Children and Update on the Family Justice Center t. Referral #112 – Policy Options to Protect Youth from Tobacco Influences in the Retail Environment u. Referral #113 – Built Environment and Health in All Policies v. Referral #114 – Impacts of Technology on Access to Public Benefits w. Referral #115 – Child and Teen Psychiatric Services x. Referral #116 – Public Mental Health Care Systems II. ACKNOWLEDGE that in 2017, F&HS received reports on the following twenty- one referrals: a. Referral #5 – Continuum of Care Plan for the Homeless/Healthcare for the Homeless b. Referral #20 – Public Service Portion of the CDBG c. Referral #25 – Child Care Planning/Development Council Membership d. Referral #44 – Challenges for EHSD (Continuum of Care Reform) e. Referral #56 – East Bay Stand Downs for Homeless Veterans f. Referral #61 – HIV Prevention/Needle Exchange Program g. Referral #78 – Community Services Bureau/Head Start Oversight h. Referral #81 – Local Child Care & Development Planning Council Activities i. Referral #82 – Secondhand Smoke Ordinance j. Referral #92 – Local Planning Council – Child Care Needs Assessment k. Referral #93 – Youth Services Report (formerly Independent Living Skills Program) l. Referral #101 – FACT Committee At-Large Appointments m. Referral #103 – SNAP/CalFresh (Food Stamp) Program n. Referral #107 – Laura’s Law o. Referral #108 – Call Center Oversight and the Health Care Reform Update p. Referral #109 – Workforce Innovation and Opportunity Act q. Referral #110 – Innovative Community Partnerships r. Referral #112 – Policy Options to Protect Youth from Tobacco Influences in the Retail Environment s. Referral #114 – Impacts of Technology on Access to Public Benefits t. Referral #115 – Child and Teen Psychiatric Services u. Referral #116 – Public Mental Health Care Systems III. ACKNOWLEDGE that F&HS did not receive the following three reports in 2017 for the indicated reason: a. Referral #45 – Adult Protective Services and Challenges for Aged & Disabled Populations – Due to staffing shortages and critical staff on leave, the Employment and Human Services Department was unable to prepare a report on this topic as scheduled for the September meeting. The Department plans to report on this referral at the beginning of 2018. December 5, 2017 Conta Costa County Board of Supervisors Minutes 813 Page 3 of 4 b. Referral #111 – Human Trafficking – Update on Commercial Sexual Exploitation of Children and Update on the Family Justice Center – Due to scheduling conflicts, the Employment and Human Services Department was not able to report on this referral in November as scheduled. The Department plans to report on this referral at the beginning of 2018. c. Referral #113 – Built Environment and Health in All Policies – The Health Services Department provided a second follow-up report on this referral in September of 2016, which addressed the Board’s concerns that resulted in the referral to F&HS. On February 14, 2017, the Department included the Built Environment report in their annual report to the Board from the Planning Integration for Community Health (PITCH). To prevent duplication, the Department felt an additional report to F&HS was unnecessary and should be eliminated in future years so that the Department can continue including this topic in their annual PITCH report. IV. ACCEPT the Health Services Department’s recommendation to eliminate Referral #113 – Built Environment and Health in All Policies. V. ACKNOWLEDGE that on July 18, 2017, the Board of Supervisors accepted the final report on Referral #108 – Call Center Oversight and the Health Care Reform Update and accepted the recommendations of the Employment and Human Services Department and F&HS to eliminate this referral due to the cancellation of the contract with state to provide Covered California Call Center services and the elimination of the call center in Contra Costa County effective December 31, 2016. VI. ACKNOWLEDGE that on October 30, 2017, F&HS received a report from the Health Services Department on Referral #115 – Child and Teen Psychiatric Services and Referral #116 – Public Mental Health Care System. Due to the overlap of pending issues and questions related to both referrals, the Department requested that the report be combined into one F&HS report to prevent duplication and confusion. The Department’s report was accepted by F&HS and clearly addressed the various issues in one report. VII. ACCEPT the recommendation of the Health Services Department to consolidate Referral #115 – Child and Teen Psychiatric Services and Referral #116 – Public Mental Health Care System into one referral (Referral #116 – Public Mental Health Care Systems) since they both relate to services provided by the County within the public mental health care system. In the Department’s annual report, they will include updates on the topic of psychiatric services to children and youth. VIII. ACKNOWLEDGE that Referral #61 – HIV Prevention/Needle Exchange Program is a biannual report to F&HS and that after today’s report to F&HS a report will not be due to F&HS until 2019. December 5, 2017 Conta Costa County Board of Supervisors Minutes 814 Page 4 of 4 IX. ACCEPT the recommendation to carry forward the following twenty referrals from the 2017 Family and Human Services Committee to the 2018 Committee: a. Referral #5 – Continuum of Care Plan for the Homeless/Healthcare for the Homeless b. Referral #20 – Public Service Portion of the CDBG c. Referral #25 – Child Care Planning/Development Council Membership d. Referral #44 – Challenges for EHSD (Continuum of Care Reform) e. Referral #45 – Adult Protective Services and Challenges for Aged & Disabled Populations f. Referral #56 – East Bay Stand Downs for Homeless Veterans / Stand Down on the Delta g. Referral #78 – Community Services Bureau/Head Start Oversight h. Referral #81 – Local Child Care & Development Planning Council Activities i. Referral #82 – Secondhand Smoke Ordinance j. Referral #92 – Local Planning Council – Child Care Needs Assessment k. Referral #93 – Youth Services Report (formerly Independent Living Skills Program) l. Referral #101 – FACT Committee At-Large Appointments m. Referral #103 – SNAP/CalFresh (Food Stamp) Program n. Referral #107 – Laura’s Law o. Referral #109 – Workforce Innovation and Opportunity Act p. Referral #110 – Innovative Community Partnerships q. Referral #111 – Human Trafficking – Update on Commercial Sexual Exploitation of Children and Update on the Family Justice Center r. Referral #112 – Policy Options to Protect Youth from Tobacco Influences in the Retail Environment s. Referral #114 – Impacts of Technology on Access to Public Benefits t. Referral #116 – Public Mental Health Care System X. DIRECT staff to forward the year-end report to the Board of Supervisors for their information. December 5, 2017 Conta Costa County Board of Supervisors Minutes 815 RECOMMENDATION(S): ACCEPT the Triennial Review Phase III Report and the specific recommendations summarized below: Direct Conservation and Development Department staff to evaluate the cost of staff support for the Fish and Wildlife Committee, and explore whether modifying the number of meetings from 12 to 6 annually is appropriate. 1. Request the Managed Care Commission to update its by-laws to add one additional seat for a senior or person with disabilities, and to broaden the seat description designated for a physician to a “medical provider”. 2. Refer to the Board’s Legislation Committee a request for the County to advocate to the State on behalf of the Public Law Library to improve the funding source available for this service. 3. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jami Napier (925) 335-1908 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 , County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.100 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:December 5, 2017 Contra Costa County Subject:TRIENNIAL ADVISORY BODY REVIEW - PHASE III REPORT AND RECOMMENDATIONS December 5, 2017 Conta Costa County Board of Supervisors Minutes 816 BACKGROUND: The Board of Supervisors is the governing authority for a large number of boards, commissions and committees serving a variety of governmental functions, both mandatory and discretionary. The Board approved Resolutions (2012/497 and 2012/498) to formalize a "triennial sunset review process" of these bodies so that a third of the total are reviewed annually. The Board approved recommendations emanating from Phase I of this review on December 5, 2016, and from Phase II on March 21, 2017. Summary Findings for Phase III All of the bodies reviewed in this period were found to be fulfilling their functions and no major changes are recommended. A number of bodies requested assistance with filling their vacancies, as was also reported in the Phase II review. The Internal Operations Committee requested the Chief Assistant Clerk of the Board, whose office tracks Board appointments, to work with each Board office in improving outreach when vacancies are identified. The Chief Assistant Clerk of the Board met with the Board Chiefs of Staff at their August 11, 2017 meeting to begin working on new ways to advertise openings in each District. Ideas that were proposed include the provision of monthly reports by Clerk of the Board to each Chief of Staff, listing all of the current and impending vacancies. Another strategy is the creation of specific announcements for vacancies with unique templates to help diversify the advertising. Meeting with the Chiefs of Staff and soliciting their needs has helped to ensure that County staff best helps each District with its goals of encouraging diverse representation. The Office of Communications and Media has also offered to use countywide social media channels to assist with outreach and recruitment. Additionally, as mentioned in the Phase II Triennial Review report, refresher training to County employees staffing these bodies would be beneficial on topics such as the required annual report of activities for committees, tracking meeting agendas and minutes, as well as budget oversight and general record keeping to ensure continued compliance with the California Brown Act and County Better Government Ordinance. Staff in the Office of the Auditor-Controller and the Clerk of the Board collaborated on a PowerPoint training, entitled ‘Fiscal Procedures and Administrative Requirements for Contra Costa County Municipal Advisory Councils (MACs)". This training was offered on September 27, 2017 to staff that work with the MACs. No changes to bylaws, membership requirements, or seat structure are recommended for committees except those highlighted in the recommendations. Below is a list of bodies included in the Phase III reviews that are either mandated to exist or are discretionary to the Board, and a brief description of each body follows. MANDATED COMMISSIONS OR COMMITTEES: Alamo-Lafayette Cemetery District1. The Cemetery District is a property tax and fee-supported organization that provides burial services; year-round maintenance; and preservation of interment plots. Interments are restricted to residents and taxpayers of the cemetery district boundaries and their immediate family members. The District is controlled by the California State Health & Safety Code §9000. The District staff report that revenues received from property taxes and burial sales have been insufficient to cover operational expenses and the District Board is exploring alternatives to ensure continued financial viability. Byron-Brentwood-Knightsen Cemetery District2. The Cemetery District is a property tax and fee-supported organization that provides burial services; year-round maintenance; and preservation of interment plots. Interments are restricted to residents and taxpayers of the cemetery district boundaries and their immediate family members. The District is controlled by the California State Health & Safety Code §9000. Public Law Library3. The Board of Trustees governs the Law Library pursuant to the California Business and Professions Code 6300. The Law Library's mission is to provide all members of the community access to research materials to aid in understanding and preserving legal rights at three full-time sites with the assistance of trained staff. Two-thirds of the customers served in the law library sites are members of the general public. December 5, 2017 Conta Costa County Board of Supervisors Minutes 817 Staff for the Public Law Library has requested the assistance of the County in advocating for changes in their revenue sources. The State froze the portion of court filing fees going to the Law Library at $35 in 2007. This source represents 90-95% of the Law Library’s budget. Since that time, operational costs have continued to increase, which has required reducing the staff support from five to three positions. Without an increase to the Law Library portion of the court filing fee, staff believes the continued existence of the Public Law library is in jeopardy. It is recommended that this issue be referred to the Board’s Legislation Committee to determine if the County should advocate to the State on behalf of the Public Law Library to improve the funding source available for this service. Fish and Wildlife Committee4. The role of this committee is to advise the Board of Supervisors on fish and wildlife issues and make recommendations for the expenditure of funds from the Fish and Wildlife Propagation Fund (Fish and Game Code Section 13103). Over the last three years, $224,210 has been granted for projects related to public education, habitat improvement, temporary emergency treatment and care of orphaned wildlife and scientific research. Additionally, the committee may address issues surrounding the enforcement of fish and game laws and regulations when referred to the committee by the Board of Supervisors. The Fish and Game Code section 13103 (j) states that secretarial service, travel and postage for this function may not exceed three percent of the average received in the fund for the previous three years or $3000, whichever is greater. Currently the staff support provided by Conservation and Development exceeds this amount and is being absorbed by the General Fund. Staff recommends evaluating a change to the meeting frequency (from 12 to 6 annually) to reduce the time spent by staff on this activity, which may require a restructuring of the grant reimbursement process. North Richmond Waste and Recovery Mitigation Fee Committee5. This committee has existed since 2004 as part of a Bulk Materials Processing Center Memorandum of Understanding with the City of Richmond to jointly administer mitigation fees collected from the Bulk Materials Processing Center at the West Contra Costa County Sanitary Landfill. The Environmental Impact Report for this project determined that this Center would impact the North Richmond community, and authorized a mitigation fee to defray annual costs associated with collection and disposal of illegally dumped waste and other related impacts. The committee addresses the needs of the community through multiple strategies including community clean-up events, law and code enforcement activities, community garden projects and other community based projects. Workforce Development Board6. Federal legislation requires that an authorized workforce board be in place in order to receive funding for these activities. The Workforce Development Board of Contra Costa County is the access point for employment-related and training services, which involves developing local plans, identifying providers of services, monitoring system performance, and helping to develop the labor market information system. Via four job center sites, job seekers have access to basic and individualized career services and training services available countywide. Priority is given to populations who are the most in need or have the greatest challenges to employment: low-income individuals, those formerly incarcerated, current and former foster youth, and individuals with disabilities, English language learners, and low basic skill inventories. The Workforce Board has recommended an update to its by-laws that will be brought to the Board of Supervisors for approval after the review by County Counsel is completed. DISCRETIONARY COMMISSIONERS OR COMMITTEES: Affordable Housing Finance Committee1. This committee was established in 1995 to develop recommendations for the Board regarding the allocation of Community Block Grant and HOME Investment Partnership Act funds. The Committee, staffed by the Department of Conservation and Development, reviews the developers’ qualifications, cost effectiveness of the proposal, the need for the type of housing proposed, and the feasibility of the proposed financing. December 5, 2017 Conta Costa County Board of Supervisors Minutes 818 Managed Care Commission2. This committee was established in 1995 with the goal of advising the Health Services Director and Board of Supervisors regarding health insurance needs for the community and to promote the Contra Costa Health Plan. The targeted populations within the county are recipients of Medi-Cal, Medicare, undocumented children and medically indigent persons. The staff review of this commission results in a recommendation to add one additional seat for a Medicare subscriber for a senior or person with disabilities as this is required by the National Committee for Quality Assurance. Additionally, due to the challenge in finding physicians with sufficient time to serve on the Commission, it is recommended that this seat designation be broadened in title to “medical provider” to include Nurse Practitioners, Physician’s Assistants and Optometrists. Treasury Oversight Committee3. The Board established this committee on November 6, 1995 to allow local agencies, including school and special districts, as well as the public, to participate in reviewing the policies that guide the investment of public funds that are invested by the County Treasurer. The committee monitors the County’s investment pool and policy, and confirms that the annual audit is conducted to ensure compliance with Government Code 27130-27137. This committee was initially mandated under the Government Code but this requirement was suspended by the State in 2004. The Treasurer recommends the committee continue to exist to allow the public to participate in the review of policies that guide the investment of public funds under the authority granted annually by the Board of Supervisors. Iron Horse Corridor Management Program Advisory Committee4. This committee was authorized by the Board of Supervisors in 1997 to assist the County in managing the former Southern Pacific Railroad right-of-way known as the Iron Horse Corridor, which extends 18 miles from Mayette Avenue in Concord to the Alameda County line (through BOS Districts II and IV). The Board directed the committee develop a management program, which included mapping the existing right-of-way, taking inventory of all existing license agreements and uses, establishing criteria for the continued operation of the right-of-way as a joint use facility, landscaping, developing public education information, and creating funding mechanisms to cover program costs. Contra Costa County Fire Protection District Advisory Commission5. The purpose of the Commission is to advise the Fire Chief and Board of Supervisors regarding goals and objectives of the District, the operations and capital budgets, and declarations of fire apparatus and equipment as surplus; and provide a liaison with the community. The Commission also serves as the Appeals Board on weed abatement matters. Keller Canyon Mitigation Fund Review Committee6. The Keller Canyon Landfill Mitigation Fund process was established in August 1992. The Board of Supervisors designated that these funds be used to mitigate effects of the landfill site by funding community-based organizations and County Departments for programs in the following areas: youth services, code enforcement, community beautification, public safety, and community services. This Committee makes annual funding recommendations to the Board of Supervisors. December 5, 2017 Conta Costa County Board of Supervisors Minutes 819 RECOMMENDATION(S): Approve the list of providers recommended by Contra Costa Health Plan's Medical Director on October 25, 2017, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: Not applicable. BACKGROUND: The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisors' approval must be contained within each Contra Costa Health Plan (CCHP) provider’s credentials file. Approval of this list of providers, as recommended by the CCHP Medical Director, will enable the CCHP to comply with this requirement. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, CCHP providers would not be appropriately credentialed nor in compliance with the NCQA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, 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: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Heather Wong C.101 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:December 5, 2017 Contra Costa County Subject:Approve New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network December 5, 2017 Conta Costa County Board of Supervisors Minutes 820 ATTACHMENTS List December 5, 2017 Conta Costa County Board of Supervisors Minutes 821 Contra Costa Health Plan Provider Approved by Medical Director October 25, 2017 CREDENTIALING PROVIDERS OCTOBER 2017 Name Specialty Aramandla, Indulatha, MD Psychiatry Fibrow, Marcy, BCBA Behavior Analysis Gomez, Diana, NP Primary Care Family Medicine Govea, Christopher, MD Radiology Hansard, Candice, BCBA Behavior Analysis Hardwick, Linda Rae, LCSW Mental Health Services Hu, Rebecca, PA Primary Care Internal Medicine Khan, Rukhsana, MD Psychiatry Khyne, Aye, MD Infectious Disease Kim, Edward H., MD Primary Care Family Medicine Kiruuta, Paul, NP Primary Care Family Medicine Kolovos, Valorie, NP Primary Care Internal Medicine Lara, Ashley, BCBA Behavior Analysis Luce, Damara, PA Primary Care Family Medicine Ma, Fajie, MD Physical Medicine and Rehabilitation Marchbanks, Mercedes, DPT Physical Therapy Marti, Stephanie, PsyD Mental Health Services Mata Lopez, Laura, NP Mid-Level Psychiatry Melgoza Ramirez, Arturo, NP Mid-Level Psychiatry Moultrie, Jasmin, NP Primary Care Family Medicine Nirva, Nicole, BCBA Behavior Analysis Parma, Jennifer, DO Primary Care Internal Medicine Ruiz, Lauren, NP Primary Care Family Medicine Sibley, Anjali, MD Hematology/Oncology Suri, Vikram, MD Nephrology Sweatt, Kristin, BCBA Behavior Analysis Thakkar, Puja, DO Sleep Medicine Wagner, Aisha, MD Primary Care Family Medicine Wilkinson, Jeanine, BCBA Behavior Analysis Williams, Danielle, MD Primary Care Family Medicine Zell, Bonnie, MD OB/GYN December 5, 2017 Conta Costa County Board of Supervisors Minutes 822 Contra Costa Health Plan Providers Approved by Medical Director October 25, 2017 Page 2 of 3 CREDENTIALING ORGANIZATIONAL PROVIDER OCTOBER 2017 Provider Name Provide the Following Services Location Suncrest Hospice San Jose, LLC Hospice Fremont RECREDENTIALING PROVIDERS OCTOBER 2017 Name Specialty Bhat, Kaleyathodi N., MD Allergy & Immunology Birnbaum, Nina R., MD Primary Care Family Medicine Counelis, George J., MD Surgery – Neurological Dehlendorf, Christine E., MD Family Planning Dong, Kevin J., OD Optometry Evans, Robert M., PhD Mental Health Services Fahmie, Darlene J., DPM Podiatry Goldberg, Roger, MD Ophthalmology Haque, Faizul, MD Cardiovascular Disease Kinsey, Kathryn L., LCSW Mental Health Services Kirby, John, L., MFT Mental Health Services Lam, Man-Wa, OD Optometry Leong, Craig J., MD Ophthalmology Loeliger, Scott F., MD Primary Care Family Medicine Mendoza, Julio R., DDS Dentist Monday, Elizabeth S., BCBA Behavior Analysis Patel, Pragnesh M., MD Endocrinology, Diabetes & Metabolism Shiue, Zita J., MD Nephrology Shukla, Nimisha Mishra, MD Infectious Disease Stanten, Steven A., MD Surgery - General Thakkar, Smita H., MD Psychiatry Turcios, Jr., Robert A., OD Optometry Warden, Billie, MFT Mental Health Services December 5, 2017 Conta Costa County Board of Supervisors Minutes 823 Contra Costa Health Plan Providers Approved by Medical Director October 25, 2017 Page 3 of 3 RECREDENTIALING ORGANIZATIONAL PROVIDERS OCTOBER 2017 Provider Name Provide the Following Services Location American Hospice and Home Health Care Services, Inc. dba: American Hospice and Home Health Care Services, Inc. Home Health and Hospice Dublin Canyon Pinole Surgery Center, LP dba: Canyon Pinole Surgery Center Outpatient Surgery Pinole Mallari Healthcare, Inc. dba: Lifeguard Home Health Home Health Pleasanton Bopl-October 25, 2017 December 5, 2017 Conta Costa County Board of Supervisors Minutes 824 RECOMMENDATION(S): FIND that reallocating State Local Revenue 2011 funds within the Support Services Account, from the Employment and Human Services Department Protective Services Subaccount to the Health Services Behavioral Health Subaccount, in order to enhance and increase the provision of timely specialty mental health services under the state Continuum of Care Reform Initiative (AB403), is the most cost effective use of available resources to maximize client outcomes; and APPROVE and AUTHORIZE the Auditor-Controller, or designee, to reallocate State Local Revenue 2011 funds within the Support Services Account (0296) from the Employment and Human Services Department Protective Services Subaccount (Division 2993/Section 2773) to the Health Services Department Behavioral Health Subaccount (Division 2991/Section 2784) in an amount not to exceed $166,667 per month and total payments not to exceed $2,000,000, for the period of July 1, 2017 through June 30, 2018, as required by California Government Code Section 30025(f)(4)(A-E). FISCAL IMPACT: This action will result in the transfer of up to $2,000,000 from the Employment and Health Services Department (EHSD) Protective Services Subaccount to the Health Services Behavioral Health Subaccount, both within Department 0296, and there is no impact to the County General Fund. Per California Government Code 30025(f)(4)(A–E), the reallocation of 2011 Realignment Support Services Account funds from the Protective Services Subaccount to the Behavioral Health Subaccount may not exceed 10% of the amount deposited in the immediately preceding fiscal year in the subaccount in the Support Services Account with the lowest balance. The amount deposited into the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.102 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 5, 2017 Contra Costa County Subject:Transfer of State Local Revenue 2011 Funds from Employment and Human Services Department to Health Services Department December 5, 2017 Conta Costa County Board of Supervisors Minutes 825 December 5, 2017 Conta Costa County Board of Supervisors Minutes 826 FISCAL IMPACT: (CONT'D) Behavioral Health Subaccount in Fiscal Year 2016/17 was $33,098,601. This reallocation does not exceed 10% of the deposit. (100% 2011 State Realignment) BACKGROUND: The reallocation of 2011 Realignment funds from one subaccount to another is allowable, per California Government Code Section 30025(f)(4)(A-E) (“Code”). The Code requires Board of Supervisor approval that the decision to reallocate funds was based on the most cost effective use of available resources to maximize client outcomes. The funds reallocated from EHSD Protective Services Subaccount to the Health Services Department Behavioral Health Subaccount will be used to enhance and increase existing specialty mental health services for children receiving services from EHSD-Children and Family Services (CFS) to support mental health services in step down in placement care levels and/or to sustain children in family-based care under the state Continuum of Care Reform Initiative (AB403). These funds can only be used for children who are receiving foster care and/or in-home services from EHSD-CFS or for children whose families are involved with Emergency Response and are referred for Mental Health services by EHSD-CFS. CONSEQUENCE OF NEGATIVE ACTION: EHSD-Children and Family Services and HSD-Children’s Mental Health will be unable to provide the desired specialty mental health services for children who are receiving foster care and/or in-home services, or children whose families are involved with Emergency Response. CHILDREN'S IMPACT STATEMENT: This action supports four 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 Safe, Stable and Nurturing; and 4) Communities that are Safe and Provide a High Quality of Life for Children and Families, by supporting successful step-down placement and/or sustaining children in family-based care. December 5, 2017 Conta Costa County Board of Supervisors Minutes 827 RECOMMENDATION(S): 1. ADOPT Resolution No. 2017/431 authorizing the issuance of Multifamily Housing Revenue Bonds (the “Bonds”) in an amount not to exceed $1,600,000 to provide additional financing for the costs of construction of Riviera Family Apartments, a 58-unit residential rental housing development located at 1515 and 1738 Riviera Avenue (Assessor's Parcel Nos. 174-150-076, 174-140-019, 174-140-025) in the City of Walnut Creek, California (the "Development"). 2. FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct. 3. ACKNOWLEDGE that for purposes of Section 147(f) of the Internal Revenue Code of 1986, authorizing the issuance of the Bonds to finance the costs of construction of Riviera Family Apartments is subject to the Board of Supervisors approval of all documents related to the Bonds to which the County is a party. 4. ACKNOWLEDGE that adoption of this resolution does not relieve or exempt the borrower from obtaining required permits or approvals, nor obligate the County to incur any obligation or provide financial assistance with respect to the Bonds or the Development. 5. AUTHORIZE and DIRECT any authorized officer of the County to do any and all things, take any and all actions, and execute and deliver any and all certificates, agreements, and other documents, which the officer may deem necessary or advisable in order APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kara Douglas, 925-674-7880 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.103 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 5, 2017 Contra Costa County Subject:Riviera Family Apartments, Additional Tax-Exempt Bond Allocation December 5, 2017 Conta Costa County Board of Supervisors Minutes 828 RECOMMENDATION(S): (CONT'D) to effectuate the intent of the Resolution. Authorized officers include the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, County Administrator, the County Director of Conservation and Development, the County Assistant Deputy Director of Conservation and Development, the County’s Community Development Bond Program Manager, County Counsel, and other officers of the County. FISCAL IMPACT: No impact to the General Fund. In the event that the Bonds are issued, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low income households are accommodated in the bond issue. The Bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the bond documents. No County funds are pledged to secure the Bonds. BACKGROUND: The recommended action through this Board Order is the adoption of Resolution 2017/431 by the Board authorizing the issuance of an additional $1,600,000 in Multifamily Housing Revenue Bonds (the “Bonds”) to finance additional construction costs with tax-exempt financing. On March 16, 2016, the County received an allocation of $19,200,000 from the California Debt Limit Allocation Committee (“CDLAC”) to finance the acquisition and construction of Riviera Family Apartments, a 58-unit apartment development located at 1515 and 1738 Riviera Avenue (APN Nos. 174-150-076, 174-140-019, 174-140-025) in Walnut Creek (the “Development”). On September 23, 2016, the County issued the Bonds and an additional $1,529,702 in taxable bonds (for a total of $20,729,702) to Riviera Family Apartments, L.P. (the “Borrower”), a California limited partnership to finance the acquisition and construction of the Development. The taxable bonds have not been expended and the Borrower now wishes to convert them into tax-exempt bonds. The issuance of the 2017 Bond shall be subject to the conditions enumerated in Section 1 of the Resolution. A requirement of the federal tax law is that the prospective financing be subject to a conditional statement of intent to issue bonds to reimburse expenses incurred prior to the date the bonds are issued, i.e. a reimbursement resolution must be adopted by the Board of Supervisors. Also, CDLAC requires that a reimbursement resolution be adopted before an application may be made for such an allocation. The adoption of a reimbursement resolution will not obligate the County or the Borrower without future discretionary actions, but will indicate the intent of the County to issue the bonds if all of the conditions in the reimbursement resolution have been satisfied. Additional financing for the project includes: City of Walnut Creek loans: $6 million County HOME/HOPWA loans: $2 million State Affordable Housing and Sustainable Communities: $2.3 million Sponsor equity: $2.3 million State Proposition 1C Infill Infrastructure Grant: $2.8 million Low income housing tax credit equity: $16 million CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the County from meeting the public approval requirement of the Internal Revenue Code for issuing the Bonds. As a result, the Bonds could not be issued by the County. CHILDREN'S IMPACT STATEMENT: The Development will provide 58 units of affordable housing appropriate for families. This supports outcome #3: Families are Economically Self Sufficient. AGENDA ATTACHMENTS Resolution No. 2017/431 MINUTES ATTACHMENTS Signed Resolution No. 2017/431 December 5, 2017 Conta Costa County Board of Supervisors Minutes 829 Signed Resolution No. 2017/431 December 5, 2017 Conta Costa County Board of Supervisors Minutes 830 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/05/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/431 Resolution of the County of Contra Costa Setting Forth the County’s Official Intent to Issue Revenue Bonds to Provide Additional Financing For a Multifamily Residential Rental Housing Development – Riviera Family Apartments WHEREAS, the Board of Supervisors of the County of Contra Costa (the “County”) has determined that there is a shortage of safe and sanitary housing within the County, and that it is in the best interest of the residents of the County and in furtherance of the health, safety and welfare of the public for the County to assist in the financing of multifamily rental housing developments; and WHEREAS, pursuant to Division 31 of the Health and Safety Code of the State of California, and particularly Chapter 7 of Part 5 thereof (the “Act”), the County is empowered to issue and sell revenue bonds for the purpose of making mortgage loans or otherwise providing funds to finance the acquisition, construction and rehabilitation of multifamily rental housing, including units for lower income households and very low income households; and WHEREAS, at the request of Riviera Family Apartments, L.P., a California limited partnership (the “Borrower”), on September 23, 2016, the County issued its $20,729,702 County of Contra Costa Multifamily Housing Revenue Notes (Riviera Family Apartments), Series 2016C (the “2016 Notes”) to finance costs of the acquisition and construction of a 58-unit residential rental housing development known as Riviera Family Apartments located at 1515 and 1738 Riviera Avenue in Walnut Creek (the “Project”); and WHEREAS, the costs of construction of the Project have increased since the issuance by the County of the 2016 Notes, and the Borrower has now requested that the County issue an additional note (the “2017 Note”) and lend the proceeds of the sale of the 2017 Note to the Borrower to provide additional financing for the Project; and WHEREAS, the Board of Supervisors now wishes to declare its intention to authorize the issuance of the 2017 Note in a principal amount not to exceed $1,600,000 at a future date after the documentation relating to the financing has been prepared and completed, and the County’s requirements for the issuance of the 2017 Note have been satisfied. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa as follows: Section 1. The Board of Supervisors hereby determines that it is necessary and desirable to provide additional financing for the Project pursuant to the Act by the issuance of the 2017 Note in a principal amount not to exceed one million six hundred thousand dollars ($1,600,000). The issuance of the 2017 Note shall be subject to the following conditions: (i) the County by resolution of the Board of Supervisors shall have first agreed to acceptable terms and conditions for the 2017 Note (and for the sale and delivery thereof), and for a funding loan agreement and all other agreements with respect to the 2017 Note; (ii) all requisite governmental approvals for the 2017 Note shall have first been obtained; (iii) the 2017 Note shall be payable from revenues received with respect to a loan to the Borrower made with the proceeds of the 2017 Note, and neither the full faith nor the credit of the County shall be pledged to the payment of the principal of or interest on the 2017 Note; (iv) any occupancy and other requirements of the Internal Revenue Code of 1986, as amended (the “Code “) are satisfied or otherwise provided for with respect of the 2017 Note, the interest on which is intended to be excluded from gross income for federal tax purposes; (v) any occupancy and other requirements of the Act with respect to the Project are satisfied or otherwise provided for; and (vi) any 5 December 5, 2017 Conta Costa County Board of Supervisors Minutes 831 occupancy and other requirements of the County applicable to the Project are satisfied or otherwise provided for. It is anticipated that some or all of the requirements described in the foregoing clauses (iii), (iv), (v) and (vi) will be satisfied through amendments to the existing documents for the 2016 Notes. Section 2. The Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, the County Administrator, the Director of the Department of Conservation and Development of the County, the Assistant Deputy Director of the Department of Conservation and Development of the County, the County’s Community Development Bond Program Manager, County Counsel and the other officers of the County are hereby authorized and directed to take whatever further action consistent with this Resolution may be deemed reasonable and desirable, including participating in the preparation of any resolution, funding loan agreement, borrower loan agreement, note purchase agreement and/or other documents or agreements, or amendments to existing agreements for the 2016 Notes, necessary or appropriate to effect the 2017 Note financing, and any actions necessary to obtain an allocation of the State of California’s private activity bond volume cap for the 2017 Note under Section 146 of the Code and Section 8869.85 of the Government Code, including obtaining a deposit from the Borrower and submitting an application for such volume cap to the California Debt Limit Allocation Committee (the “Application”), all to the extent required for the issuance of the 2017 Note. To the extent the Application has heretofore been submitted to the California Debt Limit Allocation Committee, such Application and its submittal are hereby ratified. Section 3. It is the purpose and intent of the County that this Resolution constitute a declaration of official intent to issue the 2017 Note for the Project for purposes of Sections 103 and 141 to 150 of the Code. The County reasonably expects that certain costs of the Project will be reimbursed with proceeds of the 2017 Note for certain expenditures made prior to the issuance of the 2017 Note. Section 4. This Resolution shall take effect immediately upon its passage and adoption. Contact: Kara Douglas, 925-674-7880 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: December 5, 2017 Conta Costa County Board of Supervisors Minutes 832 C.103 December 5, 2017 Conta Costa County Board of Supervisors Minutes 833 December 5, 2017 Conta Costa County Board of Supervisors Minutes 834 RECOMMENDATION(S): APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/05/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Aaron McAlister, Assistant Fire Chief 925-941-3503 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 5, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.104 To:Board of Supervisors From:Jeff Carman, Chief, Contra Costa County Fire Protection District Date:December 5, 2017 Contra Costa County Subject:APPROVE the Demolition/Replacement of Fire Station 16 at 4007 Los Arabis Drive in Lafayette Project (Project) and take related actions under CEQA. December 5, 2017 Conta Costa County Board of Supervisors Minutes 835 RECOMMENDATION(S): (CONT'D) APPROVE the Demolition/Replacement of Fire Station 16 at 4007 Los Arabis Drive in Lafayette Project (Project), Lafayette area [County Project No. WO#795A, DCD-CP#16-38] (District II). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 2(b) Categorical Exemption, pursuant to Article 19, Section 15302(b) of the CEQA Guidelines, and DIRECT the Director of Department of Conservation and Development through the Fire Chief to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Fire Chief, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: 100% Capital Improvement Funds. BACKGROUND: The purpose of this Project is to demolish the existing vacant Fire Station No. 16 and replace it with a new single apparatus fire station at the same location, for the same purpose, and with substantially the same capacity, since the number of personnel (3) and fire apparatuses (1) will be consistent with past staffing and equipment levels. The existing vacant fire station was vacated due to structural damage. The new fire station, which will continue to be operated by Contra Costa County Fire Protection District (CCCFPD), will serve the surrounding residential neighborhood north of Highway 24 in central Lafayette. On April 18, 2017, 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 Federal Solutions Group, Aztec Consultants, Mark Scott Construction, Inc., and S.C. Anderson Group International Inc., each in the amount of $2,500,000. This project is expected to be performed by one of the four JOC contractors. A task order catalogue has been prepared for the JOC contractor to complete this Project. In the event that the Project is not performed by the JOC contractor, the Public Works Department will return to the Board for approval of plans and specifications and authorization to advertise and solicit bids. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS FS16 CEQA Findings and NOE December 5, 2017 Conta Costa County Board of Supervisors Minutes 836 December 5, 2017 Conta Costa County Board of Supervisors Minutes 837 December 5, 2017 Conta Costa County Board of Supervisors Minutes 838 December 5, 2017 Conta Costa County Board of Supervisors Minutes 839 December 5, 2017 Conta Costa County Board of Supervisors Minutes 840 December 5, 2017 Conta Costa County Board of Supervisors Minutes 841